HomeMy WebLinkAbout09122016 City Council PacketSeward City Council
Agenda Packet
Photo by Jim Hunt
September 12, 2016
Seward Community Library, Community RoomBeginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones during the meeting}
September 12, 2016 7:00 p.m. COMMUNITY ROOM AT LIBRARY
Jean Bardarson
1.CALL TO ORDER
Mayor
2.PLEDGE OF ALLEGIANCE
Term Expires 2017
3.ROLL CALL
4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
Marianna Keil
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
Vice Mayor\[Those who have signed in will be given the first opportunity to
Term Expires 2016speak. Time is limited to 3minutes per speaker and 36minutes
total time for this agenda item.\]
Ristine Casagranda
5.APPROVAL OF AGENDA AND CONSENT AGENDA
Council Member\[Approval of Consent Agenda passes all routine items indicated by
Term Expires 2016asterisk (*). Consent Agenda items are not considered separately
unless a council member so requests. In the event of such a
David Squiresrequest, the item is returned to the Regular Agenda}
Council Member
6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2017
A.Proclamations and Awards
Dale ButtsB.City Manager Report ……………………………………. Pg. 3
Council MemberC.Other Reports and Presentations
Term Expires 20161.Kenai Peninsula Economic Development District (KPEDD)
Report
Sue McClure
Council Member
7.PUBLIC HEARINGS
Term Expires 2017
A.Ordinances for Public Hearing and Enactment
Deborah Altermatt
Council Member1.Ordinance 2016-006,Amending Seward City Code 15.25.
Term Expires 2017Floodplain Management By Adopting The October 20,
2016 Revised Flood Insurance Rate Maps (FIRM) And The
James HuntFlood Insurance Study (FIS) As Established By Federal
City ManagerEmergency Management Agency (FEMA). ….…… Pg. 7
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
8.UNFINISHED BUSINESS– None
9.NEW BUSINESS
A.Ordinances For Introduction
1.Ordinance 2016-007, Approving The Removal Of The Word Small From The Phrases
Seward Small Boat Harbor Or Small Boat HarborWithin The Seward City Code Title
7 Chapter 7.10. Harbor And Port Facilities. …………………………………. Pg. 26
B.Resolutions
1.Resolution 2016-055, Approving The Removal Of The Word Small From The
Phrases Seward Small Boat Harbor Or Small Boat Harbor Within The Seward Small
Boat Harbor Plan. ……………………………………………………………. Pg. 60
2.Resolution 2016-056, To Accept $1,479,060 From United States Department Of
Agriculture, Natural Resources Conservation Service Through The Environmental
Watershed Protection Program Grant And Allocate The Grant Funds And $690,228
From The Major Repair And Replacement Fund To Hamilton Construction In A Sole
Source Contract To Construct The Engineered Revetment Plan To Deter The
Imminent Deterioration Of The Bank Of Snow River That Is Jeopardizing The
Transmission Line, And Appropriating Funds. ………………………..…….. Pg. 97
3.Resolution 2016-057,Authorizing Advertising Expenditures In An Amount Not To
Exceed $750 To Provide Public Education Which Could Influence The Outcome Of
An Election Concerning A Ballot Measure Addressing The Issuance Of $3 Million
General Obligation Bonds To Plan, Design And Construct Road Improvements.
…………………………………………………………………………………Pg. 103
C.Other New Business Items
*1.Approval of the August 22, 2016 Special Meeting and August 22, 2016Regular City
Council Meeting Minutes. ………………………………………………….. Pg. 110
*2.Appoint Mark Kansteiner, Patty Linville, Sue Faust, Gary Seese, and Jodi Nelson to
the Election Board for the October 4, 2016 Municipal Election. ………….. Pg. 121
*3.Appoint Dorothy Osenga, Susie Urbach, Jennifer Carr, and Kristi Larson to the
Canvass Board for the October 4, 2016 Municipal Election. ……………… Pg. 122
10.INFORMATIONAL ITEMS AND REPORTS(No Action Required)
A.Invitation to Public Open House to provide input on Seward’s Comprehensive Plan.
………………………………………………………………………………………. Pg. 123
11.COUNCIL COMMENTS
12.CITIZEN COMMENTS
13.COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14.ADJOURNMENT
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Seward Parking Dept
August 2016 Monthly Report
Summary
With a lackluster Salmon Derby, both due to lack of fish and bad weather, 2016 still saw growth over
the August period from 2015. While this wasn't in the realm of Permit sales, there definitely was an
increase in daily parking volumes, as well as fines and so on.
Please keep in mind this Aug. 2016 report was prepared September 1, 2016, while the 2015
data reports through the entire 2015 season.
Highlights:
2016 was a chaotic season for the Parking Department, with numerous staffing issues, a seemingly
bigger-than-expected tourism crowd, and numerous LUKE pay Station hardware issues. Operations went relatively
smoothly, all things considered.
Bumper stops were added to delineate between ADA pedestrian path and parking in the SHU north side.
Harbor staff experimented with signage to identify 30-min restroom parking on the SHU.
Parking Permits:20162015+/- comparison
Slip Holder 10$500$950.00($450)
Harbor Area Employee5$250$250.00$0
Vehicle with Trailer 2$200$400.00($200)
Visitor Pass1$100$300.00($200)
Service Vehicle Permit0$0$0
Company Vehicle 0$0$0.00$0
Tot Mo.'s Permit Rev$1,050$1,900.00($850)
YTD (Year to Date)Tot permits $26,760.00$22,200$4,560
Daily Revenues20162015+/- comparison
NE Lot$22,755$17,900.00$4,855
North Lot$21,689$19,380.00$2,309
South Lot$38,915$35,120.00$3,795
Uplands Main$7,375$7,830.00($455)
South Boat Launch Luke$11,365$4,590.00$6,775
Totals$102,099$84,820$17,279
YTD (Year to Date)$320,909$343,718($22,809)
Tickets20162015+/- comparison
Warnings issued123286163 less than prior
Tickets issued682345 more than prior
Tickets paid23815 more than prior
Towing / boot0N/AN/A
Other Revenue:
Launch Fees for Harbor Dept:
South Ramp: $4940South Annual Permits x1 = $100
North Ramp: $7330North Annual Permits x0 = $0
Parking Overpayment: $489 in parking overpayment compared to $222 dollars last year
Staff Signature / Date
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Sponsored by:Planning and Zoning Commission
Introduction Date: August 22, 2016
Public Hearing Date: September 12, 2016
Enactment Date: September 12, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AMENDING SEWARD CITY CODE 15.25. FLOODPLAIN
MANAGEMENTBYADOPTING THE OCTOBER 20, 2016 REVISED
FLOOD INSURANCE RATE MAPS (FIRM) AND THE FLOOD
INSURANCE STUDY (FIS) AS ESTABLISHED BY FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA)
WHEREAS, City Council adopted Ordinance 98-11 in November 1998, establishing
Title 15.25 Floodplain Management of the Seward City Code; and
WHEREAS, City Council adopted Resolution 98-127 authorizing the participation in the
National Flood Insurance Program (NFIP); and
WHEREAS,City Council adopted the current Flood Insurance Rate Map (FIRM)
affective September 27, 2013 by Ordinance 2013-010 in July 2013; and
WHEREAS, over the last several years the Federal Emergency Management Agency
(FEMA) has conducted a coastal flood map study which resulted in the new FIRM and Flood
Insurance Study (FIS), dated October 20, 2016; and
WHEREAS, both the City of Seward and the Seward Bear Creek Flood Service Area
(SBCFSA) have held several public meetings and work sessions in review of the new FIRM; and
WHEREAS, the Federal Insurance Administrationissued the letter of final
determination on April 20, 2016; thereby setting the six month adoption date of October 20,
2016; and
WHEREAS,the Planning and Zoning Commission held a public hearing and
recommended City Council approval of the proposed City Code amendments, to including the
adoption of the FIRMs and the FIS dated October 20, 2016.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code is hereby amended as follows:
Chapter 15.25ishereby amended as follows:
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(Deletions are Bold Strikethroughs; Additions are Bold Underline)
15.25.030. - General provisions
***
(b)Basis for establishing flood hazard areas
Theareas of special flood hazardidentifiedby the FederalInsurance
Administrationin a scientificandengineeringreportentitled“The Flood
Insurance Study (FIS)for the Kenai Peninsula Borough, AlaskaandIncorporated
Areas(City of Seward),datedSeptember 27, 2013October 20, 2016,with
accompanying Flood Insurance RateMap(FIRM)areherebyadoptedby
referenceanddeclaredto be a part of this ordinance.The Flood Insurance Study
(FIS)and Flood Insurance RateMap(FIRM)are on fileat the Community
Development Office.
Section 2.This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
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this 12 day of September 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Brenda Ballou, CMC
Acting City Clerk
(City Seal)
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Sponsored by: Hunt
Introduction: September 12, 2016
Public Hearing: September 26, 2016
Enactment: September 26, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-007
AN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REMOVAL OF THE WORD SMALL
FROM THE PHRASES SEWARD SMALL BOAT HARBOR OR SMALL
BOAT HARBOR WITHIN THESEWARD CITY CODE TITLE 7
CHAPTER 7.10. HARBOR AND PORT FACILITIES
WHEREAS,the Seward Boat Harbor has grown over the years expanding to the East
and then to the South; and
WHEREAS, Administration along with the Harbormaster has determined that the
Harbor should no longer be called Seward Small Boat Harbor and to rephrase as Seward Boat
Harbor; and
WHEREAS, the word “small” should be removed from all the phrases with Seward
small boat harbor or small boat harbor in theSeward City Code Title 7 Chapter 7.10. Harbor and
Port Facilities; and
WHEREAS, this is just a house keeping issue and no other part of the City Codewill be
changed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The removal of the word small from all phrases that say Seward Small Boat
Harbor within the Seward City Code Title 7 Chapter 7.10. Harbor and Port Facilities,as attached
is hereby approved.
Section 2.This ordinance shall become effective ten (10) days following its enactment.
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this
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26day of September, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
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(strike out = deletions, bold italics = additions)
Chapter 7.10. Harbor and Port Facilities
Article 1. General Provisions
7.10.110. Short title.
7.10.115. Purpose.
7.10.120. Interpretation.
7.10.125. Implied agreement from use of facilities.
7.10.130. Accident report.
7.10.135. Definitions.
Article 2. Administration
7.10.210. Harbormaster.
7.10.215. Limitation of liability.
Article 3. Moorage
7.10.310. Registration required.
7.10.315. Transient moorage.
7.10.320. Reserved moorage.
7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage.
7.10.330. Refusal of moorage.
7.10.335. Required equipment.
7.10.340. Utilities.
7.10.345. Insurance.
7.10.350. Authority of harbormaster to board and move vessel.
7.10.355. Seaplanes.
7.10.360. Determination of involuntary relinquishment.
Article 4. Wharfage, Storage and Other Activity
7.10.410. Wharfage.
7.10.415. Storage.
7.10.420. Fish processing.
7.10.425.Grid and bBoat lifts.
Article 5. Prohibited Practices
7.10.510. Speeding.
7.10.511. Operating under the influence.
7.10.512. Reckless operation.
7.10.513. Hazard to navigation.
7.10.514. Failure to register.
7.10.515. Improper mooring and anchoring.
7.10.516. Inadequate equipment.
7.10.517. Improper use of facilities.
7.10.518. Improper disposal.
7.10.519. Improper care and control of animals.
7.10.520. Water sports.
7.10.521. Failure to make accident report.
7.10.522. Dinghies, rowboats and skiffs.
7.10.523. Noise.
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7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
7.10.525. Unauthorized utility connections; interference with harbor property.
7.10.526. Unauthorized boarding of vessels.
7.10.527. Improper use of fire-fighting equipment.
7.10.528. Welding equipment, torches, open flame.
7.10.529. Loading or unloading explosives.
7.10.530. Solicitation, advertising and signs.
7.10.531. Fenders on fingers.
7.10.532. Use of docks and fingers.
7.10.533. Children.
7.10.534. Bicycles, motorcycles, rollerblades, skateboards.
7.10.535. Parking of vehicles generally and unattended trailers.
7.10.536. Unauthorized collection of fees and use of waterfront.
7.10.537. Movement of vessels.
7.10.538. License.
7.10.539. Outboard motors.
7.10.540. Searchlights, crab lights.
7.10.541. Residential use.
7.10.542. Failure to observe city health and conduct rules.
7.10.543. Vessels extending beyond berthover the main walkway or float.
7.10.544. Obstruction of walkway, float, gangway prohibited.
7.10.545. Repairs and maintenance of vessels.
7.10.546. Removal of vessel without payment of charges.
7.10.547. Cargo on the beach.
Article 6. Fees and Penalties
7.10.610. Fees.
7.10.615. Fee collection.
7.10.620. Penalties.
Article 7. Impoundment and Disposition of Vessels and Abandoned Property
7.10.710. Lost and abandoned property.
7.10.715. Property which may be impounded.
7.10.720. Notice to owner.
7.10.725. Hearing.
7.10.730.Decision Impoundment.
7.10.735. Impoundment.
7.10.740. Release from impound.
7.10.745. Disposition of impounded abandoned property or vessel.
7.10.750. Public auction.
7.10.755. Sale.
7.10.760. Effect of sale.
Article 8. Licenses and Permits
7.10.810. Licenses and permits prerequisite to conduct of business.
7.10.815.BusinessTerminal use permits or license agreements--required.
7.10.812. Business license required.
7.10.820.BusinessAgreements orpermits--Employees and agents of principals.
7.10.825.BusinessAgreements orpermits--Application.
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7.10.830.BusinessAgreements orpermits--Duration.
7.10.835.BusinessAgreements orpermits--Terms and conditions.
7.10.840.BusinessAgreements orpermits--Suspension and revocation.
7.10.845. Right of city to inspect leased premises.
7.10.850. Applicants to release city from liability.
Article 9. Appeal
7.10.900 Appeal.
Article 1. General Provisions
7.10.110. Short title.
This title
chapter shall be known and cited as the Seward Harbor Ordinance.
(Ord. 95-11)
7.10.115. Purpose.
The purposes of this chapter are to:
(1) Maximize the safe and efficient use of the harbor,;
(2) Provide for the orderly management, development, and control of the harbor;
(3) Protect and preserve public and private property within the harbor and the lives, health,
safety, and well-being of persons who use, work, or maintain property in the harbor;
(4) Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance, and
prevent and abate fire, health, safety, and navigation hazards; and
(5) Assess reasonable fees for the use ofharbor facilities.
(Ord. 95-11)
7.10.120. Interpretation.
(a) Consistent interpretation and effect of invalidity. This chaptertitle shall be construed, to
the greatest extent reasonable, in such a manner as to be consistent with applicable federal and
state laws and regulations and any conveyances or agreements from or with the state pertaining
to the harbor. If any section of this chapter
title is declared invalid, the remaining sections shall
not be affected.
(b) Application in an emergency. The provisions of this chaptertitle shall not be construed to
limit a vessel owner from taking action necessary to protect life, limb, or property in the case of
an emergency.
(Ord. 95-11)
7.10.125. Implied agreement from use of facilities.
The use of the harbor or the presence of a vessel in the harbor constitutes an agreement by the
owner to conform to the provisions of thischaptertitle, the harbor tariff, and any rule,
regulation, or order made pursuant thereto, and to pay all fees and charges provided by this title
or the harbor tariff.
(Ord. 95-11)
7.10.130. Accident report.
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Any person operating a vessel involved in an accident within the harbor resulting in the death or
injury of any person, or damage to property in excess of $500.00 shall, in addition to any other
notices required by law, immediately give oral notice of the accident to the harbormaster and
shall, within 24 hours after the accident, file a written report with the harbormaster on such form
as the harbormaster may provide.
(Ord. 95-11)
7.10.135. Definitions.
Whenever the words, terms, phrases, and their derivations set forth in this section are used in this
title, they shall have the meaning set forth in this section.
Abandoned property. "Abandoned property" means personal property which is unattended and
is either not registered with the harbormaster or not in a location the harbormaster has designated
for its storage.
Anchor. "Anchor" means to secure a vessel to the bed of a body of water by dropping an anchor
or anchors or by using a buoy or other ground tackle.
Business. "Business" means any profession, trade, occupation, or calling carried on for a profit
or livelihood, including every kind of commercial enterprise, and including the operation of
games, machines, or mechanical devices.
City. "City" means the City of Seward.
City manager. "City manager" means the city manager for the City of Seward or the designee of
the city manager.
Derelict. "Derelict" means any vessel which is or appears to be forsaken, abandoned, deserted,
or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy, or unfit for
its trade or occupation.
Distress. "Distress" means a state of disability or a present or obvious imminent danger which if
unduly prolonged could endanger life or property.
Dock. "Dock" means any pier, float, slip, wharf, finger, ramp, gangway, bulkhead, dolphin, or
sea wall within the harbor that is owned or operated by the city.
Emergency. "Emergency" means a state of imminent or proximate danger to life or property in
which time is of the essence.
Family Member. Spouse, child, or same sex partner in an established relationship.
Finance director. "Finance director" means the finance director for the City of Seward or the
designee of the finance director.
Harbor. "Harbor" means all waters, tidal areas, and adjacent upland areas owned by the city and
listed and identified in the land use plan as "harbor commercial and industrial," together with any
and all facilities of a port or maritime nature either publicly or privately owned that are primarily
used by or for the service of vessels, including the port facilities located at SMIC, and all docks,
pilings, hoists, parking areas, leased water areas, concessions and/or service facilities located
within the area defined herein.
Harbormaster. "Harbormaster" means the harbormaster for the City of Seward, the deputy
harbormaster, or any assistant harbormaster or other person designated by the harbormaster to act
in his place.
Harbor tariff. "Harbor tariff" means the City of Seward Terminal Tariff as approved by the city
council and amended from time to time.
Land use plan. "Land use plan" means the land use plan authorized in Title 15, Chapter 15.05 of
the Seward City Code as amended from time totime.
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Moor. "Moor" means to secure a vessel other than by anchoring.
Moorage. "Moorage" means the process of mooring or the state of being moored and, when the
context requires, the fees for such acts imposed by under title.
Nuisance. "Nuisance" means a derelict vessel, a vessel which is not kept and regularly pumped
free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or in
immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates or
constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to constitute a
nuisance if:
(1) The vessel is obstructing a waterway, or is endangering life or property and has been left
unattended for a continuous period of 24 hours; or
(2) The vessel has been moored, anchored, or otherwise left in the harbor and:
a. The vessel's state registration number or marine document has expired and the registered
owner no longer resides at the address listed in the vessel registration or marine document
records of the United States Coast Guard, the State of Alaska, or the harbor;
b. The last registered owner of record disclaims ownership and the current owner's name or
address cannot be determined, or the vessel identification number or other means of
identification have been obliterated or removed in a manner that nullifies or precludes efforts to
locate or identify the owner;
c. Vessel registration records of the United States Coast Guard, the State of Alaska, or the
harbor contain no record of the vessel ever having been registered or documented, and the
owner's name cannot be determined; or
(3) The vessel does not clear the harbor at least three times per year.
Owner. "Owner" means the registered owner of a vessel or a person authorized to act on behalf
of the owner. The following persons are presumed to have authority to act on behalf of the owner
of a vessel:
(1) The master or operator of the vessel;
(2) A person entrusted with the management of the vessel; and
(3) An officer or agent appointed by (a) the owner, (b) a charterer, or (c) an agreed buyer in
possession of the vessel.
Person. "Person" means any natural person, partnership, corporation, or governmental agency.
A natural person and a corporation may be considered the same if the former has control over the
latter.
Processed fish. "Processed fish" means fish that has been prepared to render it suitable for
human consumption, industrial uses, or long-term storage including, but not limited to, fish that
has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but does not
include fish that has only been deheaded, gutted, or iced.
Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns
the vessel or, under the provisions of a written charter or lease, has exclusive control over the
operation and navigation of the vessel. A person who transfers title to a vessel or enters into a
charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and
operation of the vessel, ceases to have a qualifying interest in the vessel.
Slip. "Slip" means a vessel's berth between two piers or floats.
Boat harbor. B
oatharbor" means all navigable waters and all facilities of a port or maritime nature either
publicly or privately owned that are primarily used by or for the service of vessels that are within
the confines of the breakwaters.
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SMIC. "SMIC" means the Seward Marine Industrial Center.
Trailer. "Trailer" means any movable cradle, structure, or device used for moving boats into or
out of the water or used for the storage of boats.
Transfer of cargo. "Transfer of cargo" means all types of loading, unloading, transfer, and
containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish
products.
Vessel. "Vessel" means every description of watercraft including any ship, boat, skiff, barge, or
craft of any kind and description, pleasure and commercial, other than seaplanes, used or
designed to be used as a means of transportation on or through the water.
(Ord. 95-11)
Article 2. Administration
7.10.210. Harbormaster.
(a) Appointment. The city manager shall appoint a harbormaster.
(b) Duties. The harbormaster shall, under the supervision of the city manager:
(1) Administer the harbor with the powers provided by this chaptertitle;
(2) Enforce this chaptertitle, issue and enforce regulations for the operation and use of the
harbor that are not inconsistent with thischaptertitle, and enforce the terms and conditions of
the harbor tariff;
(3) Promptly report to the appropriate enforcement entity the violation of any law pertaining in
any way to navigable waters or port/harbor facilities including, but not limited to, laws for the
protection of navigation and the preservation of navigable waters;
(4) Promptly report to the appropriate enforcement entity the violation of any law pertaining to
the disposal of hazardous or waste materials and promptly furnish information as necessary to
assure that such improper disposal ceases and any nuisance is abated;
(5) Collect harbor fees and charges and maintain and operate an accounting system to collect
harbor fees and charges that meets with the approval of the finance director and that will satisfy
all controls as may be deemed necessary by the city's annual audit;
(6) Record in a proper register the name, length, draft, beam, type, and identification number,
location of each vessel moored in the harbor, as well as the name and address of each vessel's
registered owners;
and
(7) Maintain at the harbormaster's office a map or chart of the harbor showing the position of
each approved mooring; and
(8) Enter into license, moorage, and terminal use agreements on behalf of the city.
(Ord. 95-11)
7.10.215. Limitation of liability.
(a) The authority granted to the harbormaster pursuant to this title shall not create any
obligation or duty requiring the harbormaster to take action to protect or preserve any vessel or
property located within, or utilizing, the harbor.
(b) The city does not accept control of vessels or other property moored or stored in the harbor.
When the city assigns moorage space to a vessel or assigns storage space to a vessel or other
property the city is not accepting possession or control of the vessel or other property; the
relationship between the parties is simply that of a landlord and tenant. Unless the vessel or other
property is formally impounded by the city, the vessel or other property shall at all times remain
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in the exclusive possession and control of the owner of said property and the city is not acting,
and shall not be held liable in any manner, as a warehouseman or a bailee.
(c) City shall not be liable for any loss or damage resulting from use of the harbor or any harbor
facility from any cause whatsoever, except and to the extent solely caused by the city's own
negligence or intentional misconduct. City disclaims any and all other liability, whether for
negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of
whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or
performance. The liability of city for damages caused solely by its own negligence or intentional
misconduct shall be limited to the reasonable cost of repairing the vessel or other property that
was moored or stored in, or making use of, the harbor or harbor facilities. The owner of the
vessel or other property assumes all responsibility for any and all other claims or damages
otherwise resulting including, but not limited to, claims by owner or third-parties for property
damage, personal injury or death, pollution or discharge of a polluting or hazardous substance
(together with cleanup, removal, and remediation of same), as well as any direct, indirect,
special, consequential, or commercial damages, claims for loss of profits or earnings, or other
claims or damages of whatever kind or nature.
(d) Each person including the owner of a vessel or other property moored or stored in, or
making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless, and
indemnify the city and its officers, employees, and agents from and against any and all losses,
claims, demands, actions, damages, liabilities, or expenses of every kind, character, and nature
whatsoever (including, but not limited to, personal injuries, death, environmental contamination,
property damage, or employee liability) arising out of, resulting from, or in any way related to
use of the harbor by the owner or owner's agent, employees, invitees, guests, or passengers,
except where liability for same is caused solely by the city's own negligence or intentional
misconduct. Defense shall include payment of actual attorney's fees and costs. The owner waives
any right of subrogation against the city which might otherwise arise upon payment of a loss by
owner's insurers.
(Ord. 95-11)
Article 3. Moorage
7.10.310. Registration required.
The owner of a vessel using the harbor is required to register with the harbormaster, by
completing and providing all information requested on a registration form approved by the
harbormaster, within two hours after the vessel first enters the harbor; provided, however, that
vessels arriving after 5 p.m. shall have until 10 a.m. of the following day to register. The owner
is responsible for informing the harbormaster of any changes in the registration information
provided by the owner.
(Ord. 95-11)
7.10.315. Transient moorage.
(a) Availability. Transient moorage space is available within the harbor at locations designated
or assigned by the harbormaster, which may include temporary use of reserved moorage space. A
written and signed application for moorage on a form approved by the harbormaster shall be
provided to the harbormaster within the time allowed for registration. The applicant shall
promptly notify the harbormaster of any changes in the information set forth on the moorage
35
application. Prepayment of fees for transient moorage is required. Approval of such application
by the harbormaster confers no rights in the land or water constituting the space.
(b) Assignment periods. The daily assignment period is 12:01 8a.m. on the first calendar day
to midnight. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels
that are registered on the harbor's daily inventory that do not have a reserved moorage space
assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient
moorage fees are available as set forth in the harbor tariff for monthly, semi-annual, and annual
terms.Monthly, semi-annual, and annual term transient moorage rates will be calculated from
the date prepayment of transient fees were paid. closest of either (1) the first day of the current
month, or (2) the first day of the following month (with daily fees assessed for all days in the
current month).No cA one-time credits will be allowed for back dating the application for
moorage,witha written request to the harbormaster for backdating of moorage; it then must be
approved by the harbormaster or his representative.to the first day of the current month.
(c) No preferential right. A user receives the privilege of occupying designated or assigned
transient moorage on an as available basis, with consideration given to which vessel is most
suitable for a particular location. Users have no preferential right to moor in any particular
location nor the right to return to the same space if another vessel is occupying that space.
(d) Rafting. Rafting of vessels in transient moorage space shall be permitted at locations
designated by the harbormaster. Vessels moored in such locations are subject to yet another
vessel tethering aside and are subject to being crossed by persons seeking access to other rafted
vessels. Each vessel must have at least one line to the float, alternating ends.
(e) Duration. A user's right to transient moorage space, once assigned, continues until the user
removes the vessel from the transient moorage space, or until the user's death, or until the user's
voluntary or involuntary relinquishment of the right to use transient moorage space. The right to
use transient moorage may not be assigned or transferred by the user and does not transfer with
the sale or other disposition of the vessel.
(f)Voluntary relinquishment. A user may voluntarily relinquish transient moorage space at any
time by notifying the harbormaster in writing.
(g) Involuntary relinquishment. The right to use transient moorage space shall be involuntarily
relinquished if:
(1) The user supplies misleading or false information in the moorage application;
(2) The user fails to pay all fees required by this title or the harbor tariff without a prior written
agreement to pay such fees on other terms acceptable to the harbormaster;
(3) The user fails to maintain a qualifying interest in the vessel;
(4) The user fails, upon request of the harbormaster, to provide proof of a qualifying interest in
the vessel;
(5) The user fails to maintain on the vessel the equipment required by this title;
(6) The vessel becomes a derelict or a nuisance; or
(7) The user fails to observe any section of this title.
(Ord. 95-11)
7.10.320. Reserved moorage.
(a) Availability. Reserved moorage space is available within the harbor at locations designated
or assigned by the harbormaster.
(b) Application. Reserved moorage space shall be assigned on a first-come, first-served basis to
those who have provided to the harbormaster a written and signed application as provided by the
36
harbormaster. The applicant shall promptly notify the harbormaster of any changes in the
information set forth on the application.
(c) Assignment of reserved moorage. Reserved moorage space shall be assigned by the
harbormaster to assure the maximum use of space available. The harbormaster will establish
minimum and maximum vessel sizes for each space or class of spaces available.
(d) Wait list. If more applications are received than there are spaces available, the harbormaster
shall establish and maintain a reserved moorage wait list. A non-refundable annual fee shall be
required by October 31 of each year to place and maintain an application on the list. Applications
will be placed on the list in the order in which they are received. Any individual, partnership,
corporation, or government agency may apply for the use of a reserved slip. All applicants,
except government agencies, shall designate a single individual whose name shall appear on
the list and who will be responsible for payment of all fees. The applicant shall promptly notify
the harbormaster of any changes in the information set forth on the application. Wait list priority
may not be transferred except, upon applicant's death, to applicant's spouse or
a family
memberchild.
(e) Retention of wait list priority. If an applicant chooses not to accept a reserved moorage
space when offered, or does not respond to a notice of space availability, the applicant forfeits
the applicant's priority on the wait list and the applicant's name will be placed at the bottom of
the wait list. The applicant's name will be retained in the new position for the remainder of time
covered by the applicant's annual fee payment. Continued placement in the new position will be
subject to payment of the required annual fee. If an applicant refuses to accept a reserved
moorage space when offered on two separate occasions, or fails to respond on two separate
occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and
the applicant's name will be removed from the wait list and the applicant's annual fee payment
forfeited.
(f)FifteenThreespace limit. As long as there are applicants on the wait list no person currently
holding fifteenthree or more reserved moorage spaces may be assigned an additional reserved
moorage space notwithstanding the number of vessels held with a qualifying interest by that
applicant.
(g) Notice of space availability. When space becomes available, the harbormaster shall notify
the first applicant on the wait list that has a qualified interest in a vessel of the size for which
space is available. Notice shall be by certified mail, return receipt requested. An applicant shall
have twenty-one ten days from the stamped postmark date of the certified mailingdate the
return receipt is signed to respond. If the notice is returned by the post office or the applicant
fails to respond, the harbormaster will notify the next eligible applicant on the wait list and so on
until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an
appropriate size for the slip within twelve months of being offered a slip.
(h) Preference. Approval of an application for reserved moorage space and assignment of
reserved moorage space by the harbormaster confers only the privilege of occupying the
assigned moorage space on a preferential basis and does not convey any rights in the land or
water constituting the space.
(i) Berth to be vacant for five days. Prior to departing the harbor, owners shall report to the
harbormaster if a reserved moorage space is to be unoccupied for more than five days. The
harbormaster shall have full discretionary authority to allow other vessels to occupy an empty
reserved moorage space any time the assigned vessel is absent for more than five days without
compensation to the holder.
37
(j) Duration. A holder's rights to reserved moorage space, once assigned, continues until the
holder ceases having a qualifying interest in athevessel suitable for the assigned space, until
the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the space. A
holder's right does not transfer with the sale or other disposition of the vessel.
(1) Loss of qualifying interest. A holder must promptly notify the harbormasterwithin fifteen
days if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage
space. The holder may retain the reserved moorage space if the holder obtains a qualifying
interest in another vessel of the appropriate size within twelve
three months and registers the new
vessel with the harbormaster as required by this title. The harbormaster may, for cause, grant an
extension not to exceed an additional three months if the vessel was lost, destroyed, or stolen.
Failure to obtain a qualified interest in a replacement vessel of appropriate size for the assigned
slip will result in forfeiture of assignment to reserved moorage and will cause the replacement
vessel to be classed as transient.
(2) Death. In the case of the death of the holder the space may be transferred only to the
holder's family member spouse or child. To be an effective transfer the family member spouse or
child must have a qualifying interest in the vessel assigned to the reserved moorage space and
must make a request for transfer, in writing, to the harbormaster with appropriate documentation
no later than the date the next annual moorage fee is due.
(3) Voluntary relinquishment. A holder may relinquish reserved moorage at any time by
notifying the harbormaster in writing.
(4) Involuntary relinquishment. A holder's right to an assigned space shall be involuntarily
relinquished and the right to use the assigned space terminated if:
a. The holder supplies misleading or false information in the moorage application;
b. The holder fails to pay all fees as provided by this title or the harbor tariff without a prior
written agreement to pay such fees on other terms acceptable to the harbormaster;
c. The holder fails to maintain a qualifying interest in the assigned vessel or substitute qualified
vessel within the period allowed;
d. The holder fails to use the space for the assigned vessel at least two months each calendar
year;
ed. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest
in the vessel assigned to the space;
fe. The holder fails to maintain on the vessel the equipment required by this title;
gf. The vessel to which the space is assigned becomes a derelict or a nuisance; or
hg. The holder fails to observe any section of this title.
(Ord. 95-11)
7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage.
(a) Qualifying interest required. Moorage space may only be assigned to an applicant with a
qualified interest in the vessel to which space is to be assigned.
(b) No unpaid charges. Moorage space may only be assigned to an applicant who has no
delinquent harbor fees or charges.
(c) One space. No vessel may be assigned to more than one moorage space. The reserved slip
is personal to the individual named as owner or operator on the moorage agreement. The slip
is reserved only with respect to the vessel indicated on the moorage agreement. The slip holder
must notify the Harbormaster within 24 hoursof any change in vessels or will be charged
38
transient moorage on any other vessel in the slip. An administrative fee to cover the cost of
changing the vessel in the reserved slip may be assessed.
(d) Use by assigned vessel only. A vessel assigned a moorage space may only use that space
unless prior arrangements have been made with the Harbormaster. Vessels that moor or
anchor outside their regular moorage space, and vessels which have no regular assignments
which moor or anchor without making application to and securing the permission to use such
space as required by this title, do so at their own risk and shall be held responsible for all loss or
damage of any kind resulting from such use.
(Ord. 95-11)
7.10.330. Refusal of moorage or harbor facilities.
The harbormaster may refuse moorage or use of any harbor facility to any vessel or applicant
which or who the harbormaster has probable cause to believe has not complied, or is not in
compliance, with this chaptertitle
or the harbor tariff or whenever such moorage or use of the
harbor facilities would not be in the best interests of the city. A determination that such
moorage or use would not be in the best interests of the city must be accompanied by findings
of fact based on substantial evidence and may be appealed pursuant to section 7.10.900. The
refusal notice shall be in writing where practical and shall include the notice of the right to
appeal.
(Ord. 95-11)
7.10.335. Required equipment.
(a) All vessels moored in the harbor shall carry the equipment required by any applicable law or
regulation, and shall be numbered or designated in accordance with any applicable law or
regulation.
(b) All vessels moored or anchored in the harbor shall be fitted with moorings or anchors
satisfactory to the harbormaster, and shall be maintained at all times in such condition that, in the
opinion of the harbormaster, will not endanger any person or vessel in the harbor or any harbor
facility.
(Ord. 95-11)
7.10.340. Utilities.
Electric and water utility service may be provided to vessels moored in the harbor in such
locations and according to such specifications as the harbormaster may specify by regulation.
The charge for electrical service furnished within the small boat harbor shall be established by
resolution of the city council. Vessels mooring at slips having electrical power shall connect to
the electrical system. A meter deposit shall be collected from any person who connects to the
electrical power system.
(Ord. 95-11)
7.10.345. Insurance.
All owners shall provide the city proof of liability insurance covering the vessel and owner's
employees, invitees, guests, or passengers. The amount of liability insurance required shall be
specified on the moorage agreement covering that vessel. If the vessel carries passengers for hire,
owners shall have the city named as an additional insured with waiver of subrogation on any
policy of liability insurance.
39
(Ord. 95-11)
7.10.350. Authority of harbormaster to board and move vessel.
(a) Emergency. The harbormaster may, in the event of emergency, board, re-secure, de-water,
or move any vessel within the harbor, or take any other reasonable action to resolve the
emergency with respect to such vessels to prevent loss of life or property.
(b) Noncompliance with this title.
(1) Subject to subsection (2) of this section, when the harbormaster has reasonable cause to
believe that a violation of this title exists, or when necessary to perform a duty under this title,
the harbormaster may, at any reasonable time and upon presentation of proper identification,
board and enter a vessel within the harbor. If a vessel is improperly anchored or moored the
harbormaster may order the vessel's position changed. If the harbormaster's order is not complied
with, or the vessel is unattended, the harbormaster may move the vessel and charges shall be
assessed in the same manner as for ordinary services. If a vessel is in violation of any section of
this title the harbormaster may declare the user or holder of the moorage space to have
involuntarily relinquished the space.
(2) Where the constitution of the United States or of the State of Alaska so requires, the
harbormaster shall obtain an administrative search warrant authorizing an inspection and exhibit
the warrant to the person in charge of the vessel before conducting the inspection.
(c) Vessel in transient moorage space. The harbormaster shall have authority to move a vessel
in transient moorage space to another location to better maximize the use of available space.
(d) Notice to move. Any vessel, upon notice to move, which refuses or fails to move may be
shifted by tug or otherwise by the city, and charges shall be assessed in the same manner as for
ordinary services.
(Ord. 95-11)
7.10.355. Seaplanes.
(a) Regular use of the harbor by seaplanes is available only on a transient basis and by prior
agreement with the Harbormaster. Seaplanes shall not land or take off within the harbor,
however nothing in this chapter shall be construed to prohibit emergency use of the harbor by
seaplanes.From June 1 through September 30, seaplanes shall not be granted slip privileges in
the harbor, except at the seaplane float, and shall not land within the small boat harbor. From
October 1 through May 31 seaplanes may be granted slip privileges in the harbor only when
doing so will not preclude a vessel desiring moorage from tying to the float system.
(b) When a seaplane is provided a slip within the confine of the harbor, it shall be under the
jurisdiction of the harbormaster and shall abide by this title and all regulations applicable to
vessels.
(c) The fees for providing slips for seaplanes shall be set by resolution of the city council and
may be found in the harbor tariff.
(Ord. 95-11)
7.10.360. Determination of involuntary relinquishment.
(a) Right to notice. The city shall give at least 20 days written notice of its intent to declare the
involuntary relinquishment of mooring space.
(b) Content of notice. A notice of involuntary relinquishment shall be prepared by the
harbormaster and shall contain:
40
(1) The name and address of the user or holder of the moorage space last appearing in the
records of the harbormaster;
(2) A statement that the city intends to declare the moorage space involuntarily relinquished if
corrective action is not taken within 20 days from the date the notice is mailed/posted;
(3) The reason for the anticipated action;
(4) The owner's right to a hearing and the manner in which a hearing can be requested; and
(5) The name, address, and telephone number of a person at the city to contact in case of
questions.
(c) Distribution of notice. The notice of involuntary relinquishment shall be:
(1) Mailed by certified mail, return receipt requested, to the user or holder of the moorage space
at the user's or holder's last known address. The notice is effective when mailed. If the
harbormaster cannot determine the address of the holder of the moorage space, notice shall also
be published at least once in a newspaper of general circulation in the city.
(2) Posted at or near the moorage space in question, in the harbormaster's office, at city hall,
and in a United States Post Office in the city.
(d) Demand for hearing. The user or holder of moorage space which the city intends to declare
involuntarily relinquished may obtain an administrative hearing to determine whether there is
probable cause for involuntary relinquishment by filing a written demand with the city clerk
within 20 days from the date of the notice. Hearings will be conducted in accordance with
section 7.10.900.
(e) Hearing procedure. The hearing shall be conducted within 48 hours of receipt of a timely
written demand from the person seeking the hearing, unless such person waives the right to a
speedy hearing. Saturdays, Sundays, and city holidays are to be excluded from the calculation of
the 48-hour period. The hearing officer shall be designated by the city manager and shall be
someone other than the harbormaster. The sole issue before the hearing officer shall be whether
there is probable cause to declare that the moorage space was involuntarily relinquished.
"Probable cause to declare the moorage space involuntarily relinquished" shall mean such a state
of facts as would lead a reasonable person exercising ordinary prudence to believe there are
grounds to find that the moorage space has been involuntarily relinquished. The hearing officer
shall conduct the hearing in an informal manner and shall not be bound by technical rules of
evidence. The harbormaster shall have the burden of establishing by a preponderance of the
evidence that there is probable cause to declare that the moorage space has been involuntarily
relinquished. Failure of the user or holder of the moorage space to request or attend a scheduled
hearing shall be deemed a waiver of the right to such a hearing.
(f) Decision. Within five working days after the conclusion of the hearing, the hearing officer
shall prepare a written decision. The hearing officer shall only determine whether probable cause
to declare the moorage space involuntarily relinquished exists. A copy of the decision shall be
provided to the user or holder of the moorage space. The decision of the hearing officer is final.
(g)(e) Action after decision. In the event the hearing officer determines there is probable cause
to declare that the right to the moorage space has been involuntarily relinquished, the
harbormaster may eject, remove, or require the removal of the vessel from the moorage space
and assess charges for said removal in the same manner as ordinary services, and reassign the
moorage space without compensation to the prior moorage holder. Moorage fees cease accruing
on the date the vessel actually ceases to occupy a moorage space in the harbor.
(Ord. 95-11)
41
Article 4. Wharfage, Storage and Other Activity
7.10.410. Wharfage.
(a) Application. No cargo may be transferred within the harbor without prior written
application to and approval by the harbormaster, on such form as the harbormaster shall specify.
Transfers of cargo that occur on a regular basis may be approved in advance.
(b) Wharfage assignment.
(1) All vessels are prohibited from mooring at any wharf at which they have no regular
assignment or for which they have failed first to make a mooring application with the
harbormaster. Vessels that moor outside their regular assignments, and vessels that have no
regular assignments and which moor without making application to and securing the permission
from the harbormaster, shall do so at their own risk and shall be held responsible for all loss or
damage of whatsoever nature resulting from such use.
(2) Assignment to the wharf at locations where transfer of cargo is approved shall be made by
the harbormaster upon application. Charges for preferential assignment shall commence on the
date specified in the assignment. Preferential assignments may be revoked by (a) the
harbormaster upon 30 days prior written notice to the assignee, or (b) the assignee upon 30 days
prior written notice to the harbormaster.
(3) Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff, and any
restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf
area assignments shall include only the license or right:
a. To moor vessels owned, operated, or represented by the assignee at the area assigned;
b. To assemble, distribute, load, and unload merchandise and the cargoes of vessels over,
through, or upon the assigned wharf area; and
c. To perform such other related activities as may be necessary.
(4) When the assigned wharf area, or any part thereof, is not required for the use of the assignee
or is unoccupied, the harbormaster may, at his discretion, assign such facility, or any part thereof,
for temporary use by another person.
(c) Locations for cargo transfer. Transfer of cargo may occur at the following locations:
(1) City dock within the small boat harbor;
(2) North Dock of SMIC;
(3) East dock of Inlet Salmon Dock at the
SMIC;
(4) Syncrolift Dock at theSMIC.
(d) Prepayment. The harbormaster may require prepayment of the estimated fees due under
this title or the harbor tariff prior to any cargo transfer.
(e) Duration. A vessel may moor for transfer of cargo for up to two hours without paying for
transient moorage but must notify the harbormaster at least two hours in advance of actually
mooring. Failure to notify the harbormaster could result in assessment of a day's transient
moorage charge.
(f)Refusal of cargo. The harbormaster may refuse to permit the transfer of any cargo whose
volume, weight, hazardous nature, or other characteristics would present a risk to the safety of
persons or property, private or public, within the harbor or whose value is less than the fees due
under this title.
(g) Information and manifests.
(1) Information. To enable the harbormaster to keep an accurate record of the number, size,
and kind of vessels using the harbor, the amount, kind, and value of waterborne freight handlers,
42
and the number of passengers carried, the masters and pursers of all vessel using the harbor are
required to furnish the harbormaster with such information if so requested and to permit the
harbormaster to examine their papers;
(2) Manifest. A complete copy of the manifest showing all the cargo unloaded or discharged at
the harbor will be furnished to the harbormaster. Inbound manifests will be furnished prior to or
concurrent with the vessel's arrival. Outbound manifests will be furnished prior to or concurrent
with the vessel's departure. In lieu of manifests, freight bills containing all information as
required in this section may be accepted.Required permits and licenses are described in
7.10.800.
(h)Persons responsible for fees. Vessels, their owners, and shippers or consignees of cargo
transferred within the harbor shall be jointly and severally liable for all fees due for activities
described in this chapter notwithstanding any contrary provisions contained in any bills of
lading, charter party agreements, contracts, or other agreements.
(i) Cargo on which fees have become delinquent. Cargo on which fees have become delinquent
may, after ten days written notice to the shipper, carrier, or consignee of such cargo, be sold at
public or private auction without advertising.
(j) Retention of cargo. Any cargo upon which fees provided by this chapter have become
delinquent may be confined to the harbor by the harbormaster until the fees have been paid.
(k) Liability and indemnity. All risk of loss from theft, fire, or other casualty to cargo shall be
assumed by the parties to the shipping agreement and not the city. The person making
application for the berth shall defend, indemnify, and hold the city harmless from all claims
arising from the cargo transfer within the harbor.
(Ord. 95-11)
7.10.415. Storage.
(a) Generally. Storage space for vessels, cargo, and gear is available. The terms, conditions,
and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor tariff.
(b) Upland storage.
(1) Upland storage on any harbor property owned by the city shall be limited to the storage of
vessels, vessels on trailers, or trailers.
(2) Major construction work on vessels while in storage is prohibited. Disagreements as to what
constitutes major construction shall be resolved by the harbormaster.
(Ord. 95-11)
7.10.420. Fish processing.
Fish or shellfish may be cleaned or processed within the harbor only in areas and with equipment
approved by the harbormaster.
(Ord. 95-11)
7.10.425.Grid and bBoat lifts.
The city has available a grid and boat lifts. The terms, conditions, and fees for use of the grid and
boat lifts are governed by the terms of the harbor tariff.
(Ord. 95-11)
Article 5. Prohibited Practices
43
7.10.510. Speeding.
No person shall operate or cause to be operated a vessel within the small boat harbor in a manner
which causes an excessive wake, wash, or wave action which will damage, endanger, or cause
undue distress to any other vessel or occupant thereof.
(Ord. 95-11)
7.10.511. Operating under the influence.*
__________
*See § 11.50.010D as to liability for costs associated with city response to emergency caused by
a person operating a vessel under the influence of alcohol or drugs.
__________
No person may operate a vessel within the harbor while under the influence of alcohol or other
drugs to the extent that it would be unlawful to operate a motor vehicle under state law in such
condition.
(Ord. 95.11)
7.10.512. Reckless operation.
No person shall operate a vessel in any manner which unreasonably interferes with the free and
proper use of the harbor or unreasonably endangers the users of the waters of the harbor.
(Ord. 95-11)
7.10.513. Hazard to navigation.
No person shall create or fail to remove after request from the harbormaster, a hazard to
navigation within the waters of the harbor.
(Ord. 95-11)
7.10.514. Failure to register.
No person shall fail to register a vessel operated by that person with the harbormaster as required
by this title.
(Ord. 95-11)
7.10.515. Improper mooring and anchoring.
(a) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a
vessel in the harbor except in a location designated by the harbormaster for that purpose, after
receiving prior permission from the harbormaster, and after complying with all applicable
provisions of this title.
(b) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a
vessel for fishing or other purpose within the harbor or any other body of water over which the
city has jurisdiction in such a position as to obstruct a passageway ordinarily used by other
vessels.
(c) A person may moor, anchor, or beach a vessel in the harbor as required in an emergency,
but only for so long as required by the emergency. A person who moors, anchors, or beaches a
vessel in the harbor as permitted by this subsection shall promptly notify the harbormaster and
comply with the instructions of the harbormaster for the securing and placement of the vessel.
44
Improperly stored, beached, or disposed vessels may be removed by the city and the costs of
such removal may be recovered by the city from the person violating this section.
(Ord. 95-11)
7.10.516. Inadequate equipment.
No person shall operate or moor a vessel within the harbor that does not have the equipment
required by this title.
(Ord. 95-11)
7.10.517. Improper use of facilities.
No person may use the harbor for purposes or in a manner not authorized by this title.
(Ord. 95-11)
7.10.518. Improper disposal.
No person shall dispose of trash, garbage, timber, refuse, human or animal waste, flammable
liquid, alcohol, bilge water, dead animals, fuel, oil, fuel or oil derivatives, wastes, or by-products,
or other petroleum products, or any similar substance into the water of the harbor or on the
harbor grounds (including, but not limited to, parking areas) except in receptacles or locations
designated by the harbormaster. Improperly disposed materials may be removed by the city, with
or without notice, and the costs of such removal may be recovered by the city from the person
violating this section.
(Ord. 95-11)
7.10.519. Improper care and control of animals.
No person shall have or bring a dog or other animal within the harbor unless the dog or animal is
on a leash or confined to a vessel. The person bringing the dog or other animal to the harbor is
responsible for properly disposing of the animal's defecation.
(Ord. 95-11)
7.10.520. Water sports.
No person shall engage in swimming, diving, water skiing, or other sports where the body of the
person comes into contact with the water within the harbor except after notice to and with
permission of the harbormaster. Diving for the purpose of vessel repair and inspection or for law
enforcement purposes is not prohibited by this section.
(Ord. 95-11)
7.10.521. Failure to make accident report.
No person shall fail to make an accident report as required by this title.
(Ord. 95-11)
7.10.522. Dinghies, rowboats and skiffs.
No dinghies, rowboats, skiffs, or other auxiliary vessels may be (a) stored on a dock except inat
a location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or
other auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored
aboard another vessel. Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other
auxiliary vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs
45
or other auxiliary vessels may not be tied along side of vessels in transient areas., (b) tied along
side of vessels in transient moorage space, or (c) kept in the water except at the end of the slip or
at other locations designated by the harbormaster.
(Ord. 95-11)
7.10.523. Noise.
(a) No person shall make or cause to be made any unnecessary noise in the harbor.
(b) No person shall, in an unreasonably loud manner, play any musical instrument or operate
any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and 7:00
a.m. The harbormaster has sole discretion in determining whether an instrument or equipment
has been played in an unreasonably loud manner.
(c) If any group or organization wishes to hold any function that may continue after 11:00 p.m.,
request for approval must be made, in writing, to the harbormaster who may extend the time.
(Ord. 95-11)
7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
(a) No person may bring into or keep within the harbor a vessel that is derelict or a nuisance, or
in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated condition that it
may sink, become a hazard to navigation, or damage docks, floats, or other vessels, except as
required in an emergency, but only for so long as required by the emergency.
(b) In the event a vessel is wrecked or sunk within the harbor, it shall be the owner's
responsibility to immediately notify the harbormaster, mark the vessel's position and provide for
the raising and disposition of such vessel as soon as reasonably possible, and the owner shall
assume all liability for damage to persons or property located in the harbor which is caused by
the vessel.
(Ord. 95-11)
7.10.525. Unauthorized utility connections; interference with harbor property.
(a) No person may tap, connect, disconnect, or interfere with any water, telephone, or electric
utility equipment maintained or operated by the city in the harbor without first having obtained
the permission of the harbormaster.
(b) No person shall damage, interfere, or tamper with any dock or other facility operated by the
city in the harbor.
(c) No person may damage, interfere, or tamper with any dock, buoy, life preserver, sign,
notice, navigational marking, or other similar property operated by the city or any other
governmental agency in the harbor.
(Ord. 95-11)
7.10.526. Unauthorized boarding of vessels.
No person may board a vessel in the harbor without the consent of the owner provided, however,
that any person placing a vessel in transient moorage where the vessel is or may be rafted to
other vessels implicitly consents that people may cross the vessel if necessary to access other
rafted vessels.
(Ord. 95-11)
7.10.527. Improper use of fire-fighting equipment.
46
No person shall use fire hoses or other fire-fighting equipment except for fighting fires.
(Ord. 95-11)
7.10.528. Welding equipment, torches, open flame.
No person shall use welding equipment, grinders a burning torch, or any other open flame
apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work
permit issued by the the prior written permission of the harbormaster. The person using such
equipment shall exercise such care as is necessary to provide for the safety of other vessels and
harbor facilities, have readily available an approved fire extinguisher of sufficient size, have
readily available as a standby a water hose attached to an outlet where available, and maintain a
fire watch.
(Ord. 95-11)
7.10.529. Loading or unloading explosives.
No person may possess, transport, load, unload, or store explosives within the small boat harbor.
Loading and unloading explosives at harbor locations outside the small boat harbor, requires a
permit from the fire chief and approval of the harbormaster.
(Ord. 95-11)
7.10.530. Solicitation, advertising and signs.
Solicitation of patronage in the harbor is prohibited. No person shall row, propel, navigate, or
maintain any vessel or float in the harbor for the purpose of advertising. No signs or other printed
matter shall be placed on any part of the harbor without the prior approval of the harbormaster.
(Ord. 95-11)
7.10.531. Fenders on fingers.
No person may install fender material on fingers unless the fender material is approved by the
harbormaster.
(Ord. 95-11)
7.10.532. Use of docks and fingers.*
__________
*The main and marginal float systems within the harbor are by state statute extensions of public
streets and side walks and are subject to state statutes and city ordinances governing their use.
__________
No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials, mooring
lines, hoses, electrical cables, other service lines, or other obstruction except in a location
designated for that purpose by the harbormaster. Tools and other equipment may be temporarily
placed on the dock for rigging and maintenance work so long as the tools or equipment do not
obstruct the docks or access to the dock and the space is maintained in a neat, clean, and orderly
fashion.
(Ord. 95-11)
7.10.533. Children.
47
Children under ten years of age are prohibited on the docks except when in the immediate
presence of the child's parent or guardian or other responsible adult.
(Ord. 95-11)
7.10.534. Bicycles, motorcycles, rollerblades, skateboards.
The use of unauthorized wheeled or motorized objects such as bicycles, motorcycles,
rollerblades, skateboards, and four wheelers on the docks within the harbor is prohibited.
(Ord. 95-11)
7.10.535. Parking of vehicles and unattended trailersgenerally.
The parking of vehicles and unattended trailers outside designated parking areas in the harbor
area is prohibited.
(Ord. 95-11)
7.10.536. Unauthorized collection of fees and use of waterfront.
No person shall collect any toll, wharfage or dockage without being authorized to do so by the
harbormaster. No person shall place property upon or remove property from any portion of the
waterfront or docks without being authorized by the harbormaster.
(Ord. 95-11)
7.10.537. Movement of vessels.
Cruising between rows of slips is prohibited; movement of vessels within the harbor and between
rows of slips shall be for the purposes of mooring, anchoring, orentering or leaving a slip, or
training and education.
(Ord. 95-11)
7.10.538. License.
No person shall operate a vessel unless that person is properly licensed as required by applicable
state and federal laws and regulations.
(Ord. 95-11)
7.10.539. Outboard motors.
No person shall operate any motor within the harbor without having such motor equipped with a
muffler.
(Ord. 95-11)
7.10.540. Searchlights, crab lights.
No person shall use searchlights indiscriminately or in such manner as to annoy or disturb other
persons or vessels. No person shall leave on a crab light used to balance the load on a vessel's
generator while the vessel is moored in the harbor.
(Ord. 95-11)
7.10.541. Residential use.
No portion of the harbor or cargo within the harbor may be used for residential purposes.No
vessel within the harbor may be used for permanent living quarters while moored unless a permit
is first obtained from the harbormasterand a fee as set by city resolution is paid.
48
(Ord. 95-11)
7.10.542. Failure to observe city health and conduct rules.
No person in the harbor shall violate any provision of this code dealing with health, sanitation,
the conduct of persons, or prohibiting acts contrary to public health, morals, safety, or public
peace.
(Ord. 95-11)
7.10.543. Vessels extending over the main walkway or floatbeyond berth.
No part of any vessel, including without limitation any davit, boom, boomkin, or bowsprit, may
extend over the main walkway of a float, or extend more than four feet beyond the end of any
finger.
(Ord. 95-11)
7.10.544. Obstruction of walkway, float, gangway prohibited.
No person shall place or permit to remain any mooring lines, hose, electrical cable or other
service lines across any walkway. A person in charge of a walkway, float, or gangway shall
maintain the same in good condition so as to prevent injury to persons and shall keep such
walkway, float, or gangway clear of any obstruction.
(Ord. 95-11)
7.10.545. Repairs and maintenance of vessels.
No person may spray paint a vessel while moored or anchored in the harbor. No person may
repair or maintain a vessel at its berth unless all the work is performed aboard the vessel. All and
allthematerials used in repairing or maintaining the vessel aremust be collected for disposal or
kept on board the vessel. Repair and maintenance work that cannot be done within the confines
of the vessel shall be accomplished only in an area or manner approveddesignatedfor that
purpose by the harbormaster.
(Ord. 95-11)
7.10.546. Removal of vessel without payment of charges.
No person shall remove from the harbor any vessel upon which charges of any kind are
delinquent, without paying such delinquent charge.
(Ord. 95-11)
7.10.547. Cargo on the beach.
No person may load, unload, or store cargo on the beach within the harbor except in a location
designated for that purpose by the harbormaster unless a permit has first been obtained from the
harbormaster and a fee as set by the harbor tariff has been paid. Any permitted loading,
unloading, or storage of cargo shall be for a period not exceeding 72 hours. There shall be no
barge or vessel landing from the beach within the small boat harbor.
(Ord. 95-11)
Article 6. Fees and Penalties
7.10.610. Fees.
49
(a) Harbor facilities. After public hearing, the city council shall set by resolution, the rates for
use of all harbor facilities, and such rates may be found in the harbor tariff. Notice of the public
hearing shall be published in a newspaper of general circulation and shall be posted in at least
three public places within the city at least ten days prior to the hearing.
(b) Ordinary services. Ordinary services performed by harbor personnel may be rendered by
agreement with the harbormaster. The city council shall set by resolution the rates for services
provided by the harbor personnel and such rates may be found in the harbor tariff. If no rate for a
particular service has been set by the city council, the charge shall be set by the harbormaster and
shall compensate the city for reasonable labor, time, and materials expended, plus overhead
expenses. The harbormaster may require a deposit or payment in advance of furnishing any
ordinary services, and all charges shall be payable at the time services are rendered, unless other
arrangements have been made in advance with the Harbormaster.
(c) Emergency services. Charges for emergency services shall be assessed in the same manner
as for non-emergency services. All charges for services shall be payable at the time services are
rendered.
(Ord. 95-11; Ord. No. 2005-05, § 1, 9-26-2005)
7.10.615. Fee collection.
(a) Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally
or mailed on a monthly or other basis to the last address provided to the harbormaster. It is the
harbor user's obligation to notify the harbormaster in writing of any changes in address.
(b) Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the
harbor or at city hall.
(c) Refunds. Refunds are not automatically available to vessels departing the harbor; only
vessels that no longer require transient or reserved moorage may receive a refund. If a vessel
owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing or
in person, to the harbormaster. All refunds will be calculated from the date of notice as follows:
(1) Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused
moorage days.
(2) Quarterly moorage fees. Refunds for prepaid quarterly moorage will be limited to the
original payment made minus the applied combination of monthly anddaily ratesfrom the start
of the quarter through the date of noticefor actual moorage days used
.
(3) Semi-annual moorage fees. If a request for a refund is made within the first 90 days of the
term, a refund for prepaid semi-annual moorage will be limited to the original payment made
minus the lessercombination of the quarterly, monthly, andof the applieddaily rates from the
start of the semi-annual period through the date of noticefor actual moorage days used or the
quarterly moorage rate. After the first 90 days of the semi-annual term, the vessel owner will not
be eligible for a refund.
(4) Annual moorage fees. If a request for a refund is made within the first 90 days of the term,
the refund for prepaid annual moorage will be limited to the original payment made minus the
combination of semi-annual, quarterly, monthly andlesser of the applieddaily ratesfor actual
moorage days usedfrom the start of the annual period through the date of notice or the
quarterly moorage rate. If a request for a refund is made between the 91st day and the 180th day
of the term, the refund will be limited to the original payment made minus the lesser of the
applied daily rate for actual moorage days used or the semi-annual moorage rate. After the first
180 days of the term, a vessel owner will not be eligible for a refund.
50
(d) Transfer from transient moorage to reserved moorage. Transient vessels that have
prepaid moorage and then, due to the waitlist process, are offered a slip will be required to pay
moorage through December 31 and any additional footage upon acceptance of that slip. The
combination of semi-annual, quarterly and monthly rates will be used to allow the new holder
the best rate available to pay the moorage through December 31, after that they must comply
with all code and tariff sections pertaining to reserved moorage.
(ed)Delinquent fees. Fees remaining unpaid after 30 days will be considered delinquent and
subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent moorage
for vessels will accrue charges based on the daily fee as set by resolution of the city council.
(fe)Interest on delinquent fees and fines. Delinquent fees and fines under this chapter title
shall accrue interest according to the harbor tariffat the rate of one and one-half percent (1.5%)
per month, or the maximum rate allowable by law, whichever is less, from the date they were
due until paid in full.
(gf)Collection action. The city manager is authorized to commence suit or exercise any other
legal remedy to collect any delinquent fee or charge. In the event such suit is commenced, the
person obligated to pay the fee shall, in addition to any other liability imposed by this chapter
title, be liable for the city's actual, reasonable attorney's fees and court costs associated with the
collection.
(hg) Lien for unpaid fees. In addition to all other remedies available by law, the city shall have
a lien for any fees and interest provided by this chaptertitle and costs of collection, including
attorney's fees, upon any vessel (including all equipment, tackle, and gear) and property giving
rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by
the procedure set forth in this chaptertitle.
(Ord. 95-11)
7.10.620. Penalties.
Penalties for violation of this title may be set by resolution of the city council.
(Ord. 95.11)
Article 7. Impoundment and Disposition of Vessels and Abandoned Property
7.10.710. Lost and abandoned property.
Personal property found in the harbor, whether on land, adrift, or sunken, which is not in the
lawful possession or control of some person shall be immediately delivered to the harbormaster,
in whose custody the property shall remain until claimed by the proper owner or disposed of as
abandoned property.
(Ord. 95-11)
7.10.715. Property which may be impounded.
The harbormaster is authorized to impound abandoned property at any time, and is authorized to
impound a vessel under any of the following circumstances:
(1) The vessel is within the harbor and is derelict or a nuisance as defined in this title;
(2) The fees for which the city has a lien on the vessel are delinquent for a period of three
months, or it appears to the harbormaster that the removal of the vessel from the harbor without
payment of the delinquent amount is imminent;
51
(3) The vessel is located in the harbor and is in violation of any section of this title or any
regulation of the harbor or any provision of the harbor tariff; or
(4) The owner is not aboard the vessel and the vessel is not properly identified by a name and/or
number.
(Ord. 95-11)
7.10.720. Notice to owner.
(a) Right to notice before impoundment. Except as provided in subsection (b) of this section,
the city shall give at least 20 days written notice of its intent to impound abandoned property or a
vessel.
(b) No right to notice before impoundment. The city need not give written notice before
impoundment, but shall give written notice of impoundment within 24 hours after an
impoundment where the harbormaster determines that:
(1) The abandoned property's or vessel's presence in the harbor presents an immediate danger to
public health or safety; or
(2) The removal of the abandoned property or vessel to be impounded from the harbor without
payment of delinquent fees or other charges is imminent.
(c) Contents. An impound notice shall be prepared by the harbormaster and shall contain:
(1) The name and/or official number or state registration number of the vessel, where
applicable;
(2) The location of the abandoned property or vessel;
(3) The name and address, if known, of the owner;
(4) A statement that the city intends to impound, or has impounded, the abandoned property or
vessel;
(5) The reason for the anticipated or actual impoundment;
(6) The intended disposition of the abandoned property or vessel if no action is taken within 20
days from the date of the notice;
(7) The owner's right to a hearing and the manner in which to request such a hearing;
(8) The name, address, and telephone number of a person at the city to contact;
(9) The procedure for obtaining release of the abandoned property or vessel from impoundment
or threat of impoundment;
(10) A statement that the abandoned property or vessel is subject to storage charges once
impounded; and
(11) If impoundment has already occurred, a statement of the owner's right to obtain immediate
release of the impounded property or vessel by posting a bond pending a hearing to determine
whether probable cause of impoundment existed, said bond not to exceed the total of all
delinquent charges and fees owed the city, including the cost for impoundment and storage.
(d) Distribution. The impound notice shall be:
(1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned
property or vessel at the owner's last known address, to any person who is known by the
harbormaster to have a qualified interest in the abandoned property or vessel, to all known
lienholders, and to any other person designated in the moorage agreement to receive notices
regarding a vessel; provided, however, that notice need not be sent to any person whose interest
in a vessel is not recorded with a state department or a federal agency and whose name and
address does not appear on the moorage agreement for that vessel. If the harbormaster cannot
determine the address of the owner of abandoned property or a vessel, notice shall be published
52
at least once in a newspaper of general circulation in the city and, in the case of a vessel, shall be
mailed to the U.S. Coast Guard documentation officer of the port of documentation, if such port
can be reasonably ascertained.
(2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in
a United States Post Office in the city.
(Ord. 95-11)
7.10.725. Hearing
.
(a) Demand for hearing. The owner or any other person in lawful possession of the abandoned
property or vessel proposed for impoundment has the right to an administrative hearing to
determine whether there is probable cause to impound the abandoned property or vessel. The
owner or any other person in lawful possession of the abandoned property or vessel that has been
impounded has the right to an administrative hearing to determine whether there was probable
cause to impound the abandoned property or vessel provided that the owner or person was not
afforded the opportunity for a hearing before impoundment occurred. Any such person desiring a
hearing shall file a written demand with the city clerk within 20 days after mailing and posting of
the impound notice.
(b) Hearing procedure. The hearing shall be conducted within 48 hours of receipt of a timely
written demand from the person seeking the hearing, unless such person waives the right to a
speedy hearing. Saturdays, Sundays, and city holidays are to be excluded from the calculation of
the 48 hour period. The hearing officer shall be designated by the city manager and shall be
someone other than the harbormaster. The sole issue before the hearing officer shall be whether
probable cause to impound the abandoned property or vessel exists. "Probable cause to impound"
shall mean such a state of facts as would lead a reasonable person exercising ordinary prudence
to believe there are grounds for impounding the abandoned property or vessel. The hearing
officer shall conduct the hearing in an informal manner and shall not be bound by technical rules
of evidence. The person demanding the hearing has the burden of establishing by a
preponderance of the evidence the right to possession of the abandoned property or vessel. The
harbormaster has the burden of establishing by a preponderance of the evidence that probable
cause to impound the abandoned property or vessel exists. Failure of the owner, or any person in
lawful possession of the abandoned property or vessel to request or attend a scheduled hearing
shall be deemed a waiver of the right to such a hearing.
(Ord. 95-11)
7.10.730.DecisionImpoundment.
The harbormaster may impound the abandoned property or vessel by immobilizing it,
removing it, or having it removed, and placing it in public or commercial storage with all
expenses of haul out and storage and an impound fee to be borne by the owner of such
abandoned property or vessel. The holder of a qualifying interest in such abandoned property
or vessel may appeal an impoundment decision pursuant to section 7.10.900. In the event the
hearing officer determines there is probable cause to impound the abandoned property or
vessel and a bond has been posted by the owner, the bond shall be forfeited to the city and no
further action to impound the abandoned property or the vessel shall be taken. In the event
the hearing officer determines there is probable cause to impound the abandoned property or
vessel and impoundment has not already occurred, the harbormaster may proceed immediately
with impoundment of the abandoned property or vessel.Within three working days after the
53
conclusion of the hearing, the hearing officer shall prepare a written decision. The hearing officer
shall only determine whether probable cause to impound exists. A copy of the decision shall be
provided to the person demanding the hearing and the owner of the abandoned property or vessel
if the owner is not the person requesting the hearing. The hearing officer's decision shall in no
way affect any criminal proceedings in connection with the impoundment in question, and any
criminal charges involved in such proceedings may only be challenged in the appropriate court.
The decision of the hearing officer is final.
(Ord. 95-11)
7.10.735. Impoundment.
The hearing officer's decision shall in no way affect any criminal proceedings in connection
with the impoundment in question, and any criminal charges involved in such proceedings
may only be challenged in the appropriate court. The decision of the hearing officer is final.
In the event the hearing officer determines there is probable cause to impound the abandoned
property or vessel and impoundment has not already occurred, the harbormaster may proceed
immediately with impoundment of the abandoned property or vessel. The harbormaster may
impound the abandoned property or vessel by immobilizing it, removing it, or having it removed,
and placing it in public or commercial storage with all expenses of haul out and storage and an
impound fee to be borne by the owner of such abandoned property or vessel. In the event the
hearing officer determines there is probable cause to impound the abandoned property or vessel
and a bond has been posted by the owner, the bond shall be forfeited to the city and no further
action to impound the abandoned property or the vessel shall be taken.
(Ord. 95-11)
7.10.740. Release from impound.
(a) Upon a hearing officer's decision reversing an impoundment, the abandoned property or
vessel shall be released from impoundment without cost to the owner and any bond posted by the
owner released to the owner.
(b) In the absence of a hearing officer's decision reversing an impoundment, the owner, the
representative of an owner, or any person in lawful possession of the abandoned property or
vessel may apply to the harbormaster to release the abandoned property or vessel from
impoundment at any time before its disposition under this chapter. An application for release
from impoundment shall include the following:
(1) Proof satisfactory to the harbormaster that the applicant is the owner of the abandoned
property or vessel, or, if the applicant is not the owner, proof satisfactory to the harbormaster of
the applicant's authority to represent the owner;
(2) Either (a) payment of all delinquent moorage or other charges for the abandoned property or
vessel, including interest and penalties, if any, all costs of towing, appraising, impounding, and
storing the abandoned property or vessel, and all costs incurred for any pending sale of the
abandoned property or vessel, or (b) the posting of a bond or other security pending resolution of
an appeal to the superior court, said bond not to exceed the appraised value of the abandoned
property or vessel, if known;
(3) Proof of arrangements satisfactory to the harbormaster for either the removal of the
abandoned property or vessel from the harbor, or the placement of the abandoned property or
vessel in a location in the harbor approved by the harbormaster.
54
(c) The harbormaster need not release the abandoned property or vessel from impoundment
under this section when:
(1) The harbormaster determines that possession of the abandoned property or vessel would be
unlawful or would present an immediate hazard to public health or safety; or
(2) The harbormaster has actual knowledge that ownership or possession of the abandoned
property or vessel is in dispute.
(Ord. 95-11)
7.10.745. Disposition of impounded abandoned property or vessel.
(a) The city shall not dispose of impounded abandoned property or an impounded vessel until
30 days after the date of impoundment under this chapter.
(b) Public auction is not required when the appraised value of the abandoned property or vessel,
as determined by an independent appraiser, is less than $500.00. The appraiser must have at least
one year of experience in the sale, purchase, or appraisal of abandoned property or vessels. Upon
that determination and after public advertisement has been made once in a newspaper of general
circulation, the harbormaster may sell the abandoned property or vessel by negotiation, dispose
of it as junk, donate the abandoned property or vessel to a governmental agency, or destroy it.
(Ord. 95-11)
7.10.750. Public auction.
(a) Notice of sale. Prior to the sale of any impounded property or vessel, the harbormaster shall
prepare a written notice of sale of the property or vessel. The notice shall contain:
(1) The name and/or official number or state registration number of the abandoned property or
vessel, the location of the abandoned property or vessel, and a detailed description of the
abandoned property or vessel;
(2) The date, time, and place of the sale;
(3) The fees, interest, and costs that are due against the abandoned property or vessel and any
bidding terms;
(4) A statement indicating to whom payment must be made in order for the owner to redeem the
abandoned property or vessel prior to sale; and
(5) A statement indicating that the city may purchase the abandoned property or vessel at the
sale for an offset bid in the amount of fees and charges due the city for the abandoned property
or vessel.
(b) Distribution. At least 20 days before the sale, the notice of sale shall be:
(1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned
property or vessel at the owner's last known address;
(2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in
a United States Post Office in the city; and
(3) Published at least once in a newspaper of general circulation in the city for a total of seven
consecutive days.
(Ord. 95-11)
7.10.755. Sale.
(a) Public auction. Any time after the distribution of the notice of sale, the abandoned property
or vessel may be disposed of by public auction, through oral tenders, or by sealed bids.
55
(b) Bids. The minimum acceptable bid shall be a sum equal to the fees against the abandoned
property or vessel, including interest and costs to be paid in cash at the time of sale or within five
days24 hours thereafter. The proceeds of such sale shall be first applied to the cost of sale,
including advertising, then to interest owed the city, then to fees accrued and owed to the city,
and the balance, if any, shall be held in trust by the city for the owner of the abandoned property
or vessel to claim. If such balance is not claimed within two years, the balance shall be forfeited
to the city and paid into the harbor enterprise fund.
(c) No acceptable bids. If at the public sale there are no acceptable bids for the abandoned
property or vessel, the city may destroy, sell at a private sale, or otherwise dispose of the
abandoned property or vessel. The disposition to be made without liability to the owner, any
person in possession of the abandoned property or vessel, or any lienholder of the abandoned
property or vessel.
(Ord. 95-11)
7.10.760. Effect of sale.
Upon sale being made, the cityshall make and deliver its bill of sale, without warranty,
conveying all of the city's interest in the abandoned property or vessel to the buyer.
(Ord. 95-11)
Article 8.Licenses and Permits
7.10.810.Licenses and permits prerequisite to conduct of business.
No business activity shall be conducted within the harbor or SMIC unless the licensee,
permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary
harbor permits or agreements and a businesslicense, if needed, from the city; provided,
however, that commercial fishing vessels do not require a business license to carry on the normal
activities relating to their operation. (Ord. 95-11/ Ord. 2010)
7.10.812.Business license required.
Subject to §8.30.020, a business license is required if engaging in a business within the city.
Applications for a business license are handled through the City Clerk’s office and are
governed by Chapter 8.30, Business License.
7.10.815. BusinessTerminal Usepermits 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 fromthe 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 & Harbor Tariff
Regulations.
56
(a)(c)It shall be unlawful for any person to conduct or carry on any business upon any portion
1
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,
thereon or thereover unless such person shall have a business has a validterminal usepermit or
license agreementthereforesigned by the Harbormaster.
(b)(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 a city beaches, docks, float, landing
stage or approach thereto, unless such person shall havehasavalidbusinessterminal usepermit
orlicense agreementthereforsigned by the Harbormaster.
(Ord. 95-11)
(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 re-fueling for standard operations. (Ord. 10-001)
7.10.820.BusinessAgreements orpermits--Employees and agents of principals.
Where an agreement or permit is desired for a person to carry on business as an employee or
agent for any person, the application for such permit or agreement shall be approved by the
principal of such person, and such permit may be revoked at any time without notice to the
holder thereof upon the request of such principal to do so.
(Ord. 95-11)
7.10.825.BusinessAgreements orpermits--Application.
The application for an agreement orpermit shall be in writing and shall set forth the following
information:
(1) The name and address of the applicant and, if the applicant shall be a firm, the names and
addresses of the members of such firm, and, if the applicant shall be a corporation, the names and
addresses of the officers of the corporation;
(2) The names of the vessels, the description of the business to be carried on by means of such
vessels, a reference to the business licenses, if any, held by such applicant, and any other
particulars which such applicant may wish to set forth as a reason for granting such permit;
(3)A description of the space on the city facilities of the floats or landing stages the applicant
desires to use in carrying on such business; and
(4) A statement to be signed by the applicant that if such permit shall be granted, he will
conduct his business thereunder in accordance with the laws of the city in relation thereto, the
terms of such permit and all rules and regulations in relation to the city facilities, and that the
permit may be revoked at any time by the city council for the violation of the terms of such
permit, and that the decision of the Harbormastercity council as to the revocation of any such
permit shall be final and conclusive, unless timely appealed in writing pursuant to § 7.10.900).
1
See § 7.10.135 for definition of "dock."
57
(Ord. 95-11)
7.10.830.Business
Agreements orpermits --Duration.
The city councilHarbormaster shall have the power and authority to grant a permit or
agreement to any person to use or occupy certain portions of the city facilities, and any float,
landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at
any time by the
city councilHarbormaster for violation of any of the terms of such permit, or of
the laws of the city, or of the rules and regulations adopted by the city council for the use of the
city facilities. The Harbormaster may deny a request for an agreement or permit based on past
business practices of an applicant, level of existing use at city docks, or upon other facts
supporting a finding that an agreement or permit is not in the best interest of the city.
(Ord. 95-11)
7.10.835.BusinessAgreements orpermits --Terms and conditions.
All business agreements or permits shall be on forms to be adopted by the city council provided
by the city, and shall include such terms and conditions, in addition to those set forth in this
chapter, as the city councilHarbormastermay determine from time to time to be necessary or
advisable to preserve the public peace and quiet on the city facilities or to protect the public
welfare, and all such terms and conditions included in any such permit shall be binding on the
holder of such permit to the same extent as though expressly set forth in this chapter.
(Ord. 95-11)
7.10.840.BusinessAgreements orpermits--Suspension and revocation and appeals.
(a)Suspension.The city councilharbormastermay, at any time, as a penalty for the violation
of the provisions of any permit or agreement, suspend an agreement or permit for a period to be
fixed in such order of suspension.
(b)Revocation.All permits or agreements issued shall be granted and accepted by all persons
receiving such permits or agreements with the express understanding that the city council
harbormastermay revoke the same at any time if satisfied that any of the conditions of the
permit or agreement or provisions of this chapter have been violated, or that such permit or
agreement was obtained by fraudulent representation, or that the holder of any such permit or
agreement is an unfit person to be entrusted with the privileges granted by such permit or
agreement; provided, that no permit or agreement shall be revoked without first giving the
holder an opportunity to appear before the city councilcity managerin hison the holder's own
behalf, except as to an employee or agent of some other person holding a permit or agreement
who requests such revocation.
(c) Appeals. In the event of a dispute between the parties under this permit, the Harbormaster
shall issue a written decision and serve a copy thereof upon the permittee. The permittee may
request an administrative hearing following the procedures outlined in section 7.10.900. (Ord.
95-11) (Ord. 10-001)
7.10.845.Right of city to inspect leased premises.
The city reserves the right to inspect any ofthe rented or leased premises at any time. Failure to
inspect shall not be deemed to create any responsibility upon the city.
(Ord. 95-11)
58
7.10.850.Applicants to release city from liability.
The city assumes, and shall be under, no liability for anything done or omitted to be done under
or in relation to any of the provisions of this chapter, and applicants for permits shall release the
city accordingly. All applicants shall provide the city with proof of current liability insurance
during the term of the agreement or permit. (See also §§ 7.10.215 and 7.10.345).
(Ord. 95-11)
Article 9. Appeal
7.10.900.Appeal.
(a) Demand for hearing. Any person holding a qualifying interest in a vessel who is denied
moorage or use of harbor facilities or whose vessel is subject to impoundment by the
harbormaster has the right to appeal the harbormaster's determination to the city manager.
Any such person desiring a hearing shall file a written demand with the city clerk within seven
days after notification of the harbormaster's decision. The request for appeal must include a
detailed explanation describing the reasons and basis for appeal. Failure of the appellant to
request or attend a scheduled hearing shall be deemed a waiver of the right to such a hearing
and the harbormaster's decision shall be final.The decision of the harbormaster will remain
in effect during the appeal period.
(b) Hearing procedure. The hearing shall be conducted within sevendays of receipt of a
timely written demand from the appellant, unless such person waives the right to a speedy
hearing. The city manager shall determine whether the factsare such as would lead a
reasonable person excercising ordinary prudence to believe there are credible, specific and
sufficient grounds supporting the harbormaster’s decision. The city manager shall conduct
the hearing in an informal manner and shall not be bound by technical rules of evidence. The
appellant has the burden of establishing by a preponderance of the evidence that the findings
of fact are incorrect or that the harbormaster's decision is arbitrary and capricious.
(c) Decision. Within fivedays after the conclusion of the hearing, the city manager shall issue
a written decision. A copy of the decision shall be provided to the appellant. The decision of
the city manager is final. (Ord. 10-001)
59
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REMOVAL OF THE WORD SMALL
FROM THE PHRASES SEWARD SMALL BOAT HARBOR OR SMALL
BOAT HARBOR WITHIN THE SEWARD SMALL BOAT HARBOR
PLAN
WHEREAS,the Seward Boat Harbor has grown over the years expanding to the East
and then towards the South; and
WHEREAS, Administration along with the Harbormaster has determined that the
Harbor should no longer be called Seward Small Boat Harbor and to rephrase itas Seward Boat
Harbor; and
WHEREAS, the word “SMALL” should be removed from all the phrases with SEWARD
SMALL BOAT HARBORor SMALL BOAT HARBOR to show SEWARD BOAT HARBOR; and
WHEREAS, this is a housekeeping issue and no other part of the plan will be changed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The removal of the word “Small”from all phrases that say Seward Small
Boat Harbor within the Seward Small Boat Harbor Plan as attached is hereby approved.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this
th
12day ofSeptember, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
60
61
Seward Boat Harbor
Plan
December 8, 2014
September 12, 2016
Prepared by
The Port and Commerce Advisory Board
of
The City of Seward, Alaska
62
Seward Boat Harbor
Plan
Summary
This document is intended to serve policy makers and advisers as a general information
source and as a tool for prioritization and funding justification for the development and
upgrade of the Seward Boat Harbor. In its final adopted form, the plan will have been
through the public process at different steps, including meetings before the Port and
Commerce Advisory Board and the Seward City Council. After adoption, the plan will
from time to time need revision and updates as needs and opportunities appear, and as
projects identified as priorities are completed.
In the decade since the previous plan was adopted, much has been accomplished in the
Harbor. The eastward expansion added slips to help meet demand for users on the wait list,
and added developable uplands south of the harbor. The improvements at I and T docks
provided needed structural improvements. The Boat Lift has been replaced, a new dock
constructed, and the adjacent uplands improved. The fuel dock and X-Float have been
redone, and a new Z-float constructed along the relocated eastern breakwater. D-Float has
been replaced. The Harbormaster Office public restrooms and showers have been updated.
The City Code Chapter addressing Harbor uses has been rewritten through several public
hearing at Port and Commerce Advisory Board and City Council meetings. Capital projects
awaiting funding further detailed within this plan include replacement of floats, docks and
utilities in the south portion of the harbor, slip build out along Z-float, and location and
construction of a public crane(s).
Previous plans have not included upland commercial and transportation interests or
concerns; this plan proposed to adopt a more all-inclusive viewincorporating those
elements as well.
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TABLE OF CONTENTS
1.0 Introduction...................................................................................................................3
1.1 General......................................................................................................................3
1.2PlanApproach...........................................................................................................5
2.0 Regional Description....................................................................................................5
2.1 Brief History.............................................................................................................5
2.2 Location....................................................................................................................5
2.3 Climate......................................................................................................................6
2.4 Winds........................................................................................................................6
2.5 Tides..........................................................................................................................6
2.6 Waves........................................................................................................................7
2.7 Ice..............................................................................................................................7
2.8 Land Use and Ownership..........................................................................................8
3. 0 Existing Harbor Facilities............................................................................................8
3.1 The Seward Boat Harbor..........................................................................................8
3.2 Seward Marine Industrial Center (SMIC)...............................................................11
4.0 The Development Plan................................................................................................11
4.1 Economic Evaluation and Harbor statistics............................................................11
4.2 Corps of Engineers Role.........................................................................................14
4.3 Development Criteria .............................................................................................14
4.4Float System Layout...............................................................................................15
4.5 Float System Utilities…………………………………………………………...…19
4.6Gangways and Trestles...........................................................................................21
4.7Launch Ramps........................................................................................................21
4.8Parking Areas..........................................................................................................21
4.9 TraveLift® and Maintenance Area.........................................................................22
4.10 Public Crane…………………………………………………………………… 22
4.11 Wash Down Facility……………………………………………………...…….. 22
4.12 Drive Down Float.................................................................................................22
4.13Tidal Grid..............................................................................................................23
4.14
Fish Cleaning Facilities.........................................................................................23
4.15Restroom Facilities...............................................................................................23
4.16ADA Accessible Fishing Pier...............................................................................23
4.17Harbormaster’s Office and Shop..........................................................................23
5.0Accessibility................................................................................................................24
5.1 Background………………………………………………………………………..24
5.2 Accessible Routes…………………………………………………………………24
5.3 Boat Slips………………………………………………………………………….24
5.4 Upland Facilities…………………………………………………………………..25
6.0 Plan Implementation…………………………………………………………………25
64
Appendices
Appendix ADrawings and Cost Estimates:
·NE Fish Cleaning Station
·B, C, S, and a portion of G Float
Replacement
·South Harbor Launch Ramp Improvements
·Z Float Laterals (T, U V, and W Floats)
Appendix B Commercial Fishing Vessels home-ported in Seward
Appendix C City of Seward, Alaska,Resolution 2014-092
65
1.0 Introduction
1.1 General
The Seward Boat Harbor (see next page) is a significant aspect of the overall commercial
and economic picture of the City of Seward. The existing harbor was constructed
immediately following the 1964 earthquake and had minimal upgrades until 1998. At
that time, the harbor was owned by the State of Alaska, but operated by the City. In June
1998 the Seward City Council authorized the City Manager to negotiate a transfer of the
harbor and all of the associated improvements from the State of Alaska to the City of
Seward. The deal was approved bythe City Council on February 8, 1999 including a
$3.1 Million payment to the City for maintenance. This was a onetime payment
associated with the transfer of the facilityand not part of the Harbor Facility Grant
Program.
At the time the deal was made, the City knew that the $3.1 Million payment was
insufficient to make necessary improvements. The City has used various ways to fund
harbor improvements: bond borrowing, special user fees (such as the Capital Repair and
Replacement fee and Passenger Facility fee), federal appropriations, and state grants.
During the years 2005-2007 the City sold approximately $8 Million in bonds to fund
harbor improvements. As of November 2014, approximately $6 Million in borrowed
principal remains to be repaid.
In 2006,the Alaska Legislature established a new 50/50 matching grant program called
the Harbor Facility Grant Program, (Reference Alaska Statute AS 29.60.800) handled
by the State of Alaska Department of Transportation and Public Facilities. The grant
program was established in order to provide financial assistance to municipal or regional
housing authority owned harbor facilities. This grant program is funded onan annual
basis at the discretion of the Alaska Legislature and consists of two tiers, Tier I and II.
The first tier has priority and consists of major maintenance and repair of a harbor facility
that was previously owned by the state and now is locally owned. The second tier
consists of all other harbor facilities and those harbor facilities which have already
received a Tier I grant. A harbor facility may only receive one Tier I grant but is eligible
for multiple Tier II grants.Seward used the Tier II approach toreplace D Float in 2013-
2014.The B, C, S, and a portion of G Float Replacement grant application was submitted
as a Tier I project.
The development plan provides the present view for the future harbor. Most features will
be implemented at some time in the future as need, priority and funding dictate.
66
67
1.2PlanApproach
This plan updates and revises the Seward Boat Harbor Planning and Development
Guide, June 2003. The Port and Commerce Advisory Board (PACAB) worked with City
staff to revise and update this new plan.Discussion of the plan by PACAB was
advertised in the local media. Public comment was solicited at the PACAB meetings.
2.0 Regional Description
2.1 Brief History
Russian fur trader and explorer Alexander Baranof named Resurrection Bay in 1792.
While sailing from Kodiak to Yakutat, he found unexpected shelter in this bay from a
storm. He named the bay Resurrection because it was the Russian Sunday of the
Resurrection. The City of Seward was named for U.S. Secretary of State William
Seward, 1861-69, who negotiated the purchase of Alaska from Russia during the Lincoln
administration. In the 1890s, Capt. Frank Lowell arrived with his family. In 1903, John
and Frank Ballaine and a group of settlers arrived to begin construction of a railroad.
Seward became an incorporated City in 1912. The Alaska Railroad was constructed
between 1915 and 1923, and Seward developed as an ocean terminus and supply center.
By 1960, Seward was the largest community on the Kenai Peninsula. Tsunamis generated
during the 1964 earthquake destroyed the railroad terminal and killed several residents.
After the earthquake Sewardites rebuilt and the harbor was moved to its current location.
During the 2000’s the harbor expanded to the east and south. Beginning in 1980, the City
acquired and developed the Seward Marine Industrial Center. Kenai Fjords National
Park was also designated at that time. The development of the cruise ship industry and
improvements to the Seward Highway have brought thousands of additional tourists to
Seward. And, as an ice-free harbor, Seward has become an important supply center for
Interior Alaska. With the threat of global climate change it is expected that Seward’s role
as a gateway to the Arctic will continue to grow.
2.2 Location
The City of Seward is situated in the northwest corner of Resurrection Bay, a north-south
fjord 19 miles long and 3 miles wide opening to the Gulf of Alaska, and on the southeast
coast of the Kenai Peninsula, 125 highway miles south of Anchorage. Resurrection Bay
depths exceed 150fathoms (900feet) and the mountains on either side rise to elevations
more than 4000 feet above sea level.
The City lies at the foot of Mount Marathon and is the gateway to the Kenai Fjords
National Park. It lays at approximately 60° 07' N Latitude, 149° 26' W Longitude (the
harbor itself is within Section 3, Township 1 South, Range 1 West, Seward Meridian).
The area of the city encompasses 15 sq. miles of land and 7 sq. miles of water.
68
2.3 Climate
The sub-arctic maritime climate at Seward is characterized by relatively mild winters and
summers. The average temperature is 25 F in winter and 62 F in the summer. A monthly
climatic summary is shown in Table 1.
Table 1 – Monthly Climate Summary, Seward, Alaska
JanFebMarAprMayJunJulAugSepOctNovDecAnnual
Average Max.
30.332.537.144.351.958.462.261.955.344.536.031.445.5
Temperature
(F)
Average Min.
20.521.825.431.838.845.349.949.443.734.426.621.734.1
Temperature
(F)
Average Total
6.235.453.783.894.052.282.595.2210.119.607.047.4167.64
Precipitation
(in.)
Average Total
15.019.012.85.60.30.00.00.00.01.87.420.482.3
Snowfall(in.)
Source: Western Region Climate Center
2.4 Winds
Winds at Seward are effectively aligned north-south with the topography of Resurrection
Bay. Winds are predominately northerly from October to March shifting to southerly in
June and July and back to northerly by October. The Corps of Engineers harbor
expansion feasibility report indicates a 50-year recurrence interval design wind for wave
analysis of 63 miles per hour. This data was similar to that found by R & M Engineers
(2012) 50-year sustained winds 59 miles per hour (51.5 knots). The ocean swell enters
Resurrection Bay and builds up from the south. Winds over 35 knots from the north are
common during the winter months with southerly winds of 6 to 15 knots, occasionally
higher, during the summer months. Strong winds can occur from either the north or
south at any time of the year.
2.5 Tides
Tides at Seward have a mean range of 8.3 feet and a diurnal range of 10.6 feet, causing
tidal currents of 1 (flood) to 1.7 (ebb) knots. Tide levels, referenced to mean lower low
water (MLLW) are shown in Table 2. Extreme high tide levels result from the
69
combination of astronomic tides and rise in local water levels due to atmospheric and
wave conditions.
Table 2 – Tidal Data, Seward, Alaska
Tide Elevation (feet)
Highest Observed Water Level +15.70
Mean Higher High Water (MHHW) +10.63
Mean High Water (MHW) + 9.71
Mean Sea Level (MSL) + 5.56
Mean Tide Level (MTL) + 5.55
Mean Low Water (MLW) + 1.38
Mean Lower Low Water (MLLW) 0.00
Lowest Observed Water Level – 5.00
Source: NOAA, National Ocean ServiceStation# 9455090
2.6 Waves
Measured wave data is not available for the Seward area. As reported in the Corps of
Engineers small boat harbor expansion feasibility report, the following general statements
appear applicable to the wave climate
a.Wave heights of 4 to 6 feet are the maximum observed by longtime local
residents (in the vicinity of the existing harbor).
b.“Typical” wave periods range from about 3 to 6 seconds.
c.Local residents and recorded data indicate waves from the south-southeast
predominate.
d.Long-period swells from the open ocean do not impact the existing harbor
area. (Long period waves DO impact the marine industrial center on the east
side of the bay.)
The Corps feasibility report wave analysis completed in 1998 found that a 6.2-foot wave
height and a 4.6 second period design wave should be used for breakwater structure
design. Waves of approximately 3 feet in the vicinity of the boat harbor are common
with southerly summer winds.
2.7 Ice
Resurrection Bay is ice free throughout the year. The existing harbor does not freeze up,
although skim ice does form occasionallyaround the perimeterof the harbor during the
coldest winter months.
70
2.8 Land Use and Ownership
In addition to the City owned land surrounding the boat harbor, the Alaska Railroad owns
significant private land that is leased to both commercial and industrial businesses. The
AKRR is currently pushing to enlarge their freight dock and also pursue further
development opportunities.
3. 0 Existing Harbor Facilities
3.1 The Boat Harbor
The original harbor was authorized by Congress in 1930 and later modified by Congress
in 1935. The authorization provided for a 4.75-acre basin at a –12.5 MLLW depth
protected by a south breakwater 580 feet long and a north breakwater 950 feet long.
Construction began in 1931. The authorization was modified in 1954 to raise the
elevation of the south breakwater and add tow pile breakwaters at the entrance to the
basin. This project was completely destroyed by the 1964 earthquake.
The Rivers and Harbors Act, 19 August 1964, provided for the relocation and
reconstruction of a 12.45-acre harbor with entrance channel at –15 feet MLLW protected
by two rock mound breakwaters of 1060 and 1750 feet, with futureprovision for
expansion. Reconstruction began in August 1964 incrementally as other waterfront
projects were constructed. The project was completed in November 1965. The
northwest corner of the present basin (from approximately F Float northward on thewest
side of the basin) is a locally constructed basin expansion. The harbor was expanded to
the east when the breakwater was relocated approximately 400 feet to the east by the
Corps of Engineers.
Several floods have affected the harbor since construction. The event with the most
impact was the fall flood in 1995 when approximately 23,000 cubic yards of material
entered the harbor, primarily in the northeast corner covering the tidal grid.
Approximately 20,000 cubic yards were dredged in 1996. The grid was left covered with
sediment and abandoned.
Many of the existing floats were constructed and installed by the State of Alaska in 1966
through 1973 soon after the basin was completed. X-Float was originally constructed in
1978 and rebuilt in 1996 following its catastrophic failure. A, B and C-Floats had utility
upgrades and were re-decked and re-billeted in 1996. These older timber floats are in
relatively poor condition with a limited life expectancy. S-Float isin the poorest
condition and in need of immediate attention.
The City of Seward signed the Transfer of Responsibility Agreement turning the
ownership of the float system over to the City (from the State)in February 1999. The
Corps of Engineers quitclaim deeded the basin back to the City in November 1999.
71
RECENT EXPANSION PROJECTS
·D Float replaced 2014
·Harbormaster Office Restroom remodel 2013-2014
·Z Float completed 2011
·East I and T dock renovations 2008
·50 ton lift pit relocation 2008
·SE Harbor Floats (M, N, O, P, Q) completed 2007
·New restrooms at South Harbor 2007
·North Harbor Float Extension 2005
·East Harbor Expansion
·Parking and Oil Collection Station Upgrades
In 2012 portions of the north harbor, northeast harbor, and harbor entrance were dredged
by the Corps of Engineers contractor at a total cost of approximately $1.5 Million
consisting of $571,000 of local (primarily Commercial Passenger Vessel) funds and
$929,000 in federal funds. In 2013 D Float was designed atcost of $100,000 funded by a
Denali Commission Grant. D Float was rebuilt at a cost of $, 2,138,838 (or
approximately $38,000 per slip) with the cost split between the City and a State of Alaska
Department of Transportation Harbor Facility Grant. Also in 2013 the harbor restrooms
wereremodeled at a total cost of $130,000 from a state legislative grant.
Portions of the north harbor, E, F, H, J and G Floats were replaced with new concrete
floats in 2001. An engineer’s inspection report dated January 2011 looked at the
southwest quadrant of the harbor and found A, D and S Floats in serious or critical
condition. Floats B, C, and G were found to be in poor condition. On those docks the
hinge connections to the finger floats were found to be in serious condition. The south
launch ramp boarding floats were found to be in serious condition.
Statistics for the existing harbor are shown in Table 3 and Table 4.
Table 3 - Harbor Vital Statistics, 7/16/2013
SlipNumber
Length Available
17' 66
23' 57
32’ 312
40' 76
42' 58
50' 62
75' 16
90’ 10
100’ 6
72
150’ 2
170’ 1
666 total slips 22,931ft
Parallel 4374Feet
Total Available 27,305Feet
Table 4 - Moorage Available by Float
Float Number Length
A 57 23
B 54 32
C 62 32
D 58 40
E, South 34 50
E, North 23 75, 90, 100
F, South 680 feet
F, South 2 75
F, North 30 50
F, T-Head 1 60
G, South 22 17
H 64 40
H, T- Head 1 90
I 405 feet
J 60 32
K 46 32
L 300feet
M 16 32
M parallel 264 feet
N 30 32
O 30 32
P, South 14 32
P, North 12 40
Q parallel 368 feet
R 485 feet
S, South 24 17
S, North 20 17
T 790 feet
X 6 slips 682 feet
Z 4 slips 400 feet
73
3.2 Seward Marine Industrial Center (SMIC)
The most recent Master Plan of the Seward Marine Industrial Center was reviewed (but
never approved) in April 2011. As of November 2014 the construction of a new rubble
mound breakwater is about to get underway at a total estimated cost of $27 Million.
4.0 The Development Plan
This plan was developed by using the outline of the 2003 Small Boat Harbor Planning
and Development Guide. The changes and updates were prepared by City staff and
reviewed by the Port and Commerce Advisory Board and recommended for approval by
the City Council. The plan was discussed during a series of public meetings.
4.1 Economic Evaluation and Harbor Statistics
General - Seward has transitioned from an economic dependence on resource based
markets to a visitor and recreation-based economy. Most economic growth since 1990
has been driven by the visitor industry, with employment in trade, services and
transportation growing at a 5.9 percent annual rate, until the recession that began in late
2008. The community has capitalized on its road and railroad connections to Anchorage;
its cruise ship terminal (approximately 50 vessels call each summer); and its location as
the major access point for visits to the Kenai Fjords National Park and the Chiswell
Islands (the most visited part of the Alaska Maritime National Wildlife Refuge).
Seward’s Alaska SeaLife Center is another major visitor attraction.
Seward competes for visitors with other South Central Alaska communities: Homer,
Kenai, and Whittier. Each town has its own sets of attractions.
Commercial fishing remains a significant part of the Seward economy. 2013 proved to be
a record breaking year for salmon production in Alaska. The City hopes to be able to
bring back some of the commercial fishing vessel activity that has moved away from
Seward.
The state prison located nearby and other government facilities, including the national
park headquarters, are also important year-round employers. Although a major sawmill
was opened in 1993, it never became competitive, and has remained closed since 1994.
In 2012 the State Labor Department reported 973jobs held by Seward residents, but this
total does not reflect seasonal jobs and other Seward jobs that are held by non-residents.
The job sectors, in declining order of importance are: trade, transportation and utilities
25.5%; public sector 22.2%; Leisure and hospitality 16.5%; education and health services
11.8%; professional, business, financial, and information services 10.3%; manufacturing
4.0%; and construction 3.5%.
74
In recent years, population growth in Seward has been flat. The 2010population of
Seward was 2,693and the 1990 population was 2,699.
Seward gains a portion of its total municipal revenues from its sales tax (4%) and its
accommodation tax (4%). The community depends on these revenues to provide services
to both residents and visitors. Taxable sales in Seward have trended upward in recent
years, from $45 million in 1992 to $75 million in 2002to $108 million in 2012. The
largest share of sales is within the retail and service sector. Visitor sales, supported by
Seward harbor and marine-related activities contribute substantially to overall municipal
revenues.
The Harbor collects Passenger fees from charter and tour boat operators at the rate of
$3.50 perpassenger carried. Prior to 2006 the Passenger fee was $1.50 per passenger.
Allboats in the harbor pay a Capital Repair and Replacement fee depending upon the
length of the vessel. Beginning in 2010 theHarbor has received some of the Raw Fish
tax. The following graph and table shows the amount of passenger fees collected
between 2003 and 2012 along with the Harbor’s portion (50%) of the Raw Fish tax in
2011 and 2012: Table 5
2004 2005 2006 2007 2008 2009 2010 2011 2012
Passenger257,889271,045625,535691,600657,248503,282544,947557,421551,103
Fee
Raw Fish599,451320,000
Tax
75
Tourism, recreation and commercial fishing provide substantial support to the community
through the boat harbor. Replacement and modernization of the harbor facilities will
enhance the users experience and increase the harbor’s ability to generate support for the
community.
Current Harbor Use – The 2013 use of the Seward Harbor by vessel owners with a
reserved slip is shown in the following summary:
Charterboat vessels moored in Seward Harbor
There are 124charterboats paying passenger fees in the Seward harbor.
These vessels range in length from 23 feet to 115 feet, with an average of 43 feet.
Commercial fishing boats
There are 19 commercial fishing vessels moored in Seward harbor.
These vessels range in length from 27 feet to 59 feet, with an average of 42.5 feet.
Motor vessels moored in Seward Harbor
There are 536motorboats moored in the Seward harbor.
These vessels range in length is from 19feet to 110feet, with an average of 36.5
feet.
Sailboats moored in Seward Harbor
There are 145sailboats moored in the Seward harbor.
These vessels range in length is from 23feet to 54feet, with an average of 35.3
feet.
Tugboats moored in Seward Harbor
There are 2tugs moored in the Seward harbor.
The vessels range in length is from60 to 105feet, with an average of 82.5feet.
During the winter season a number of tugboats come to Seward for moorage. In
2013-2014 there are 6 more tugs tied up for the winter.
For the purpose of this plan, the category motor vessels don’t include sailboats.
Due to the harbor expansion and recession that began in 2008, the level of unmet demand
for moorage in the Seward harbor is not as great as past years.Table 6shows thecurrent
waiting list for permanent slips in the Seward harbor and includes 169 people. Since
there is an annual fee for remaining on the waiting list, it best represents those people
with a commitment to moor in the Seward harbor. However, since the wait for a slip can
be severalyears, many prospective vessel owners are forced to shop for other moorage
alternatives.
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Table 6, Wait List by Slip Length
Vessel / Slip Length (ft) Number of Vessels
17 0
23 2
32 34
40 86
50 37
60 8
75 11
90 1
100 2
>105 2
4.2 U. S. Army Corps of Engineers Role
Following the 1964 Earthquake federal legislation was adopted that requires that the
Corps be primarily responsible for harbor dredging. For example, in 2012, the Corps was
the lead agency for maintenance dredging in the harborand the Harbor paid for dredging
the portions of the harbor that were not federally mandated. Another critical Corps-
related issue is called Navigational Servitude.In 2014 the Water Resources Development
Act (WRDA) included new legislative language in Section 6004that will allow the
construction of improvements on the South Harbor Uplands.
4.3 Development Criteria
The current layout of the harbor was completed with the east harbor expansion in 2011.
The harbor’s top challenges are maximizing the use of available moorage slips;replacing
ageing docks; and providing new services.
Environmental and Permit Aspects - Permits will be needed through the Corps of
Engineers to replace and add floats, trestles and bulkheads and to do any in-water work.
Items such as a new grid, fill and dredging and disposal will be the most challenging,
because they are considered the most environmentally sensitive.
Land Use and Zoning – The City-owned land at the harbor is zoned Harbor Commercial.
Adjacent lands are zoned: Park, Industrial, and Auto Commercial.
Alaska Railroad- The Alaska Railroad ownslandnorth of the Boat Harbor. The City and
Railroad completeda land swap inOctober 2014 inorder to facilitate re-development of
the land formerly occupied by the US Coast Guard Shore facility and solidify the City’s
possessionof the easterly breakwater.
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Boat Storage and Boat Work Yards-There are several privately ownedyards at the north
end of the Boat Harbor. Maintaining additional vessel storage within proximity of the
boat lift is a continuing challenge. In mid- 2013 the largest boatyard near the harbor
closed its operations. There isadditional private boat yards in the area, with the largest of
those located at Lowell Point.
Parking – During the summer the harbor area is one of the most heavily used areas in
Seward with regard to the availability of parking spaces. There is just enough parking
available, especially during summer weekends, holidays and Silver Salmon Derby time.
There is limited adjacent space available to make into parking space. Day parking, in
addition to long-term parking, was identified as critical. The tour boat companies have
developed remote parking lots with shuttle buses that bring customers to the harbor.
Public Restrooms and Showers – In 2013 the harbor used$130,000 in state grant funds to
remodel the restrooms at the Harbormaster’s Office. Additional funds to complete the
project were received from the State of Alaska Commercial Passenger Vessel funds.
Public restroom facilities are limited, especially for the influx of summer visitors in the
harbor area. The primary restroom location is in the harbormaster’s office building,
which also includes a few showers. Other restroom locations include the Park Service
Headquarters and Kenai Fjords Tours facilities. These facilities are nearthe
harbormaster’s office. Additional public restrooms are located in the south parking area
and northeast parking area. The Harbor needs another set of restrooms in the
northwesterly quadrant of the Harbor. From that corner of the Harbor it is approximately
1200feet to the nearest public restroom.
Launch Ramp Improvements - There are now two existing launch ramps in the boat
harbor, one at the NE corner and one at the SW corner of the basin. The Harbor staff has
made significant repairs, including float decks and pilings, to both launch ramps during
2012 and 2013.
Oneplanned improvement isto lengthen the launch ramps in order to make them safer to
use at very low tide levels.
Slip Sizes – In the past, boats were smaller and correspondingly the harbor included more
17 and 24-foot slips. The current harbor expansion added mostly 32-foot slips, some 24-
foot slips, and some linear moorage on Z-float.
4.4 Float System Layout
Fleet –The number of vessels seeking moorage in the harbor was determined from the
wait list shown in table 6. Until the 2008 recession there had beena national trend in the
marine industry, both in sales and manufacturing, toward larger and wider boats. The
results of a questionnaire in 2003 showed that 75 percent of those responding agreed that
some smaller slips could be eliminated, if “other” arrangements could be made for the
smaller boats. Therefore, the minimum new slip size wasrecommended to be 32 feet
with increased emphasis on 40 foot and larger slips. Space for transient vessels will be
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included to the greatest extent possible for the transient commercial fishing fleet in
addition to recreational vessels.
Slips in the 60-foot to 100-foot range have been includedthat will accommodate large
yachts, commercial fishing vessels, and tour boats. Also, linear moorage is provided for
even larger vessels up to 90 and 120 feet.
Large commercial fishers include about 30 vessels 37 to 125 feet long witha beam 15 to
35 feet and draft 7 to 13 feet, approaching 15 feet when fully loaded. Only about 10 are
presently in reserved slips. Barges, tugs, ferries and research vessels occasionally use the
harbor, most often wintering over.
Main Interior Channels – The main channel running diagonally north-south in the central
part of the harbor will be a minimum of 150 to 200 feet wide to accommodate the tour
boats andlarger commercial fishing vessels accessing the processing docks and “T”
dock. A common standard is 5 times the largest beam width for two-way traffic, (5 x 35
= 175 feet). Other access channels to the floats and launch ramps will be a minimum 100
feet, which would accommodate vessels with beams up to 20 feet.
Fairways–The actual dimension of the fairway (the distance between the ends of slip
finger floats on adjacent docks) should consider several factors:
q Environmental (wind, waves and currents)
q Vessel maneuverability
q Boat handler experience
Wind is the most important environmental factor affecting moorage in Seward. Waves
and currents are not significant factors at the Seward Harbor. Currents during tidal
exchange are present, but are not considered significant. It is well known, due to the
shape of Resurrection Bay,that the winds blow either northerly or southerly and seldom
from the east or west. The slips are laid out in the north/south direction for this reason.
The effect of the wind on a boat will depend on the “sail” area presented to the wind,
which will usually be the greatest with the wind on the beam. The fairways are east/west,
beam to the winds. Vessels vary in their maneuverability. Twin-screw vessels and those
with bow thrusters can maneuver quite well in tight situations. Single screw vessels and
most sailboats are quite maneuverable moving forward, but can be notoriously bad when
backing and can be significantly affected by winds. Boat handling skills also vary
considerably. The Seward Harbor has visitors from all skill levels from novice to expert
boat handlers.
The current practice in the harbor is to allow boats to extend up to 4 feet beyond the slip
finger, which is presently included in the city code for the harbor. The common
engineering standard for fairway sizing is to make the clear distance between the boat
extremities no less than 1.5 times the longest boat length using that fairway. It is often
increased to 1.75 times the boat length if maneuvering conditions warrant. Larger vessels
50 feet and longer sometimes have fairway widths up to 2 times the vessel length. This
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distance is needed to allow vessels to safely enter their slip and make turning movements.
The American Society of Civil Engineers “Planning and Design Guidelines for Small
Craft Harbors” recommends a minimum fairway width of 1.5 times the longest slip.
The minimum fairway widths for the Seward Harbor are set at 1.5 times the slip length
with no overhang. The new D-float that completed in April 2014 was designed with the
same dimensions (number of slips, size of slips, and width of fairway) as the dock that it
replaced.
With no vessel overhang from the slip fingers, the minimum fairway dimensions would
be:
Table 7, Minimum Fairway Dimension
Slip Length (ft) 1.5 x L Fairway (ft)
60 90
50 75
40 60
32 48
Access channels to launch ramps will be a minimum 100 feet.
Slip Width – Boat sizes have changed over the past 20 plus years with the principle
change being the beam width. Slips in the Seward Harbor are doublewide to
accommodate two vessels between slip finger floats. The width depends on the vessels to
be served, environmental conditions and operator skills plus the judgment of the design
engineer. Generally, the minimum distance between slip finger floats has been taken as
roughly 2.3 times the width of the vessel for double occupancy. Vessel beam width
varies greatly; however, correlations to boat length have been made by others based on
statistical research of boat manufacturer’s data and inventory of Alaskan harbor users.
The following table provides guidelines for the stall spacing assuming the vessel is equal
to the slip length.
Table 8, Stall Spacing Guidelines
Slip Length (ft) Slip Clear Spacing (ft, double)
75 49.0
60 43.0
50 40.0
40 34.0
32 30.0
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The clear spacing above exceeds the minimum values, however, they are considered
prudent due to the winds, vessel maneuverability, operator experience, presumption of
commercial use especially in the larger slips, variability in vessel beam and minimum
width fairways.
Interior Access Channel- The main channel running diagonally north-south in the central
part of the harbor is a minimum of 150 feet wide between X-Float and E-Float and 200
feet wide in other areas to accommodate the larger commercial fishing vessels accessing
the fish processing docks and “T”-dock. Access to launch ramps will be a minimum 100
feet, which would accommodate vessels with beams up to 20 feet. Widths would be
larger if possible. In thiscase, limited space makes the access width narrower than
desired.
East Harbor Float Layout- A new marginal float, Z-Float, was built as close to the
breakwater as possible and extends to and beyond the angle point in the breakwater. It
has been proposedthat Z-Float havefive main floats with slips as shown in the following
table.
Table 9, East Harbor Float System
See proposed layout at the end of Appendix A
Slip Size Number of Slips
3236
40 22
50 18
608
1005
120 1
Total Slips 90
Total Transient 1200 feet
A 600-foot section of the existing X-Float was relocated to the east harbor also. It
parallels the Z-Float and provides linear moorage for the larger commercial fishing
vessels that are not accommodated in the new slips. The remaining 150 feet of X-Float
was left in place and the privately owned fueldock was attached. The result was re-
named R float.Neither X-Float or R-Float offer shore power for moored vessels.
Float Replacement Program- In 2010- 2011 the Harbor’scontractengineer, URS,
completed an inspection of the docks in the Southwest area of the Harbor. The docks
included wereA, B, C, D, G, and S and the South Launch Ramp. In 2014,D Float was
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replaced at a total cost of approximately $2.2 Million. It is hoped that the State will fund
half of the cost of the B, C, S, and a portion of G float replacement in early 2015 and
those docks will be replaced during 2015-2016 at a total estimated cost of approximately
$6 Million.
Float System Construction- The 2003 plan recommended concrete floats. However, the
floats that have been installed during the period 2006-2014 have all been timber
constructionon floatation tubs. The wooden docks are easier to repair and much better
for snow removal.
4.5Float System Utilities
Potable Water
The Harbor staff is pleased with the design and
operation of the potable water system that was
installed on M, N, O, P and Q Floats. The same
design was used for D Float. Plan review and
certification to operate the public water system is
required from the State Department of
Environmental Conservation.
Fire Protection
Potable Water Riser
The City of Seward has adopted the International
Fire Code (IFC) and associated State amendments
as the model code for fire protection standards. The IFC
essentially requires a standpipe type fire protection
system. In addition to the IFC, the National Fire
Protection Association (NFPA) has several standards that
must be considered. The following NFPA standards
apply:
q NFPA 303, Marinas and Boat Yards
q NFPA 307, Construction and Fire Protection of
Marine Terminals, Piers and Wharves,
q NFPA 14, Standpipe and Hose Systems
On Float Fire Valve
The existing replacement floats followed the above codes and standards. The fire
protection system for new or replaced floats and refurbished docks will also follow these
same codes and standards. The codes and standards will again be reviewed along with
experience with the existing new system during the final design stage. A dry standpipe
system is recommended.
Sewer System
The harbor is taking steps to make the boat pump-out stations more user friendly.
Specifically, the use of tokens is being eliminated, so that customers won’t need to go to
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the office before using the pump-out stations. The State of Alaska has federal grant funds
that can be used on a 75% matching basis in order to improve pump-out facilities
Power and Lighting
Most new boat slips will be configured with shore power. Power
configurations will vary with 120 volt, 30 ampere, single phase;
208 volt, 30 ampere, single phase; and 208/120 volt, 50 ampere,
three phase. Special configurations have been installedfor large
vessels. There are a number of shore power pedestals that supply
more than one voltage configuration.
All power will be served from utility transformers on shore, near
the pedestrian approaches to the harbor. Power distribution cables
will be routed beneath the approaches, down the gangways, and
into the float distribution panels.
All shore power pedestals will be new. The Harbor staff is
pleased with the power pedestals that were installed on M, N, O,
P, and Q Floats. On D Float the water faucets were incorporated
Power Pedestal With
into the power pedestals. Both duplex style units, intended to be
Light
located midway between slip floats, andsingle style units will be
considered. Energy consumption is monitored at each pedestal and billed to the
customer, accordingly. The pedestals will be configured with digital style meters. The
receptacles specified for the pedestals will be conventional locking style as stipulated by
the National Electrical Code. Circuit breakers will be “bolt-on” style to minimize
corrosion at their connection to the terminals.
During 2014 several harbors in Southeast Alaska experienced problems with the
implementation of the new Electric Code requirements for Ground Fault Circuit
Interrupters(GFCI) on docks. These new systems will trip with a very slight amount of
stray current. Some vessels owners at these SE harbors installed new isolation
transformers to eliminate stray current.
Lighting will be integrated into the shore-tie pedestal to maintain consistency with the
North Harbor installation. This design has proven to be cost effective and efficient. The
luminaries are mounted at a height of about 4-feet above the deck. The luminaries will
utilize metal halide lamps with good life expectancy qualities. Additional luminaries will
be required on the approaches and gangways.
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4.6 Gangways and Trestles
New or newly remodeled inner harbor facilities are required to be compliant with the
Americans With Disabilities Act (ADA) rules and guidance published in September
2002. At a minimum, 80-foot gangways, similar to those installed at D, E, F, J, Q, X, Z-
Floats, will be provided at pedestrian access points to the float system. Timber trestles
will be designed or existing trestles modified to accept the new gangways.
A new gangway and trestle will be
constructed for S-Float leading to
the parking area. The B-Dock
trestle will be reconstructed and a
new 80-foot covered gangway
installed.The B-Float gangway
design will need to consider how
the gut barge can be moved
New Aluminum Gangway - J Dock at Extreme
beneath it. When new gangways
are in place at B and S floats, only
High Tide
R-dock gangway willnot meet
ADA requirements.
4.7Launch Ramps
The existing NE launch ramp will remain as is with maintenance and upgrades as
necessary.It is planned that the new NE Fish Cleaning Station will be located at the
bottom of the northerly boarding float. Meanwhile the sewage pump-out at that location
will be disassembled and abandoned. At the other end of the harbor,the SW launch ramp
is becoming a top priority project, due to customer demand, age of the structure, and the
potential eligibility of the boat ramp for grant funds.
The Alaska Department of Fish and Game uses federal Sport Fish Restoration funds to
build and re-build boat ramps. ADF&G estimates that the design cost for this new boat
ramp will total $325,000 with 25% of that amount ($87,500) expected from the City of
Seward. Similarly construction costs will be shared at a ratio of 75% to 25%.One
consideration is that the grant agency requires a minimum number of boat/trailer parking
stalls in order to qualify for grant funding.
4.8 Parking Areas
South Harbor Uplands- A set of restrooms (2007) and a new Mariner’s Memorial
(2012-2014) have been built in the South Harbor uplands. The City’s recycling bin is
also located in thearea, at least temporarily. In 2014, the parking department installed a
new paved road surface that leads up to the parking area. With the 2014 WRDA bill the
Navigational Servitude issuehas been federally resolved and so the Corps of Engineers
will no longer restrict commercial development in this area.This area also may be ideal
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for a new convention center or harbormaster office.It will be important to strive for the
proper balance between commercial development and parking.
There are 80 truck & trailer stalls and 60 single car stalls in the South Harbor Uplands.
The Uplands is the City’s default parking area for the truck & trailers, although they are
allowed to park across the street in the South Lot. The parking fee is different in the two
locations: $20 oversize rate in the South Lot compared to $10 flat rate on the Uplands.
Northeast Parking Area -In 2012 the new Coast Guard Station and Army Resort
Dispatch building were built in this area. In 2013 new pavement was added. The
Northeast parking area has: 130 truck & trailer stalls and 50 stalls for single cars (180
Total).
The restrooms in this area are the most primitive in the harbor and should be scheduled
for replacement.
4.9Travelift® and Maintenance Area
The northwesterly quadrant of the harbor was re-built in 2008.This included moving the
location of the travel lift and strengthening both I and T docks. New pavement was
placed in this area in 2013.
4.10Public Crane
A preliminary design report looked at two possible location and two sizes of
cranes.Further discussion, alongwith public testimony,resulted in a unanimously passed
PACAB Resolution, 2014-01, approving design and construction of an 8 ton crane to be
located at the end of I dock.The alternative suggested by the administration was a 1.5
ton crane located on the Travel Lift Dock.The purpose of either of these projects would
be for mariners to load and unload fish and gear.
4.11 Wash Down Facility
A new wash down facility in the area of the Travelliftwould benefit harbor users by
offering a convenient way to clean their boats. And since potential contaminants would
be captured for proper disposal, the facility would also be good for the environment. A
wash down facility was built at SMIC in 2013 andthe harbor staff is refining operational
techniques. The pressure washing equipment is mounted on a trailer and it could be used
at both SMIC and the Boat Harbor if a slab with containment was built.
4.12 Drive Down Float
A new drive down float is proposed for the northeast corner of the harbor, just to the
north of the NE launch ramps. The drive down float would provide access for boats to
load and unload supplies and equipment or do minor maintenance. Only temporary short
term mooring would be permitted and no overnight mooring. The float would be 60 feet
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wide by 100-feet long, held in place by steel piling and have an approximately 100 foot
steel bridge/gangway accessing the NE parking area. The float and bridge would be
similar to the drive down dock in Sitka, Alaska, which is heavily used by boats.
4.13 Tidal Grid
The harbor did have a tidal grid in the northeast corner until the flood in the fall of 1995.
At that time, the grid was buried by sediment washed into the basin by the flood. The
grid was never uncovered, primarily because of the high cost of potential contaminated
soil disposal. It is possible that state matching grant funds may be used to construct a new
grid.
A tidal grid is proposed to be installed between I dock and the Traveliftin the NW
quadrant of the harbor. Accessibility from both land and water exist at this site, and
similar working infrastructure already exists on both sides. An alternative location with
more room is the currently unused North East corner of the harbor area between the east
side of the T dock and the NE Boat Ramp/Fish Cleaning Station.
4.14Fish Cleaning Facilities
The harbor has agrant to replace the fish cleaning station in the NE corner of the harbor.
The new fish cleaning stationwill be built at the bottom of the NE launch ramp. This
will improve these facilities for this quadrant of the harbor.In 2007 asimilar floating
fish cleaning facility was built in the SE corner of the harbor.
4.15Restroom Facilities
The harbormaster office restrooms were remodeled during the winter of 2013-2014 using
monies from the State Commercial Passenger Vessel (CPV) funds. A second shower was
added to the women’s side of the restrooms and the restroomsare fully ADA compliant.
4.16ADA Accessible Fishing Pier
An ADA accessible fishing pier is planned for the south side of the south parking fill in
the vicinity of the creek flowing into the bay from the lagoon.The rocky slope
configuration of the beach restricts the handicapped from fishing in this area. Specific
plans have not been developed, but the pier is envisioned as a “T” shape end with railings
designed to allow wheelchair bound people the opportunity to fish. The pier will also
provide an observation location forthe public to watch the fishing action and boats
entering and leaving the harbor. The design will also require special considerations for
its location within the heavy wave zone.
4.17Harbormaster’s Office and Shop
The existing harbormaster’s office and shop is located in the center of the harbor tourist
and business area. The building is still functional, but could use significant remodeling
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and code and safety upgrades. In 2014 a new paint job was applied to the roof of the
building which was starting to rust all over.
5.0 Accessibility
5.1 Background
The Americans with Disability Act (ADA) rules for marinas were established in 2002
and revised in 2010. The rules are administered by the United States Access Board in
section 1003 Recreational Boating Facilities.
5.2 Accessible Routes
Surrounding the Seward Harbor are parking lots with many designated ADA parking
stalls in close proximity to the docks.
The Seward Harbor has replaced most of its gangways to meet ADA standards. Those
standards require gangways that are at least 80 feet long and 5 feet wide. The following
seven gangways are fully compliant: D, E, F, J, M-Q, X, and Z. Three gangways: B, R,
and S are not compliant. The gangways at B and S are scheduled for replacement in
2015-2016.
5.3 Boat Slips
Only the new and rebuilt portions of the harbor are required to meet ADA standards. The
10 newer docks in the harbor have ADA compliant slips: D, E, F, H, J, M, N, O, P, and
Q. It is required to adopt a plan to bring the marina into full compliance. At this date,
eight older docks are non-compliant: A, B, C, G, K, L, R, and S. Several of those docks:
B, C, S and a portion of G docks are scheduled for replacement in 2015-2016.
Accessible boat slips must have a surface five feet wide without any barriers that limit
access. In Seward the newer docks listed above have five foot wide fingers that provide
the necessary access in order to meet this requirement. On the other hand, linear
moorage in Seward generally has bull rails that disqualify linear moorage for ADA
consideration. For example, the harbor has at least three designated ADA slips, with
signs, located at: the first space on A-float, M-1, and N-2. Apparently these slips have
been designated due to the proximity to parking and the boat ramp (A-float), but in each
slip the existing bullrails disqualify those ADA slips. The rules do allow that a five foot
wide opening every ten feet of linear dock qualifies as ADA moorage.
The Seward Harbor has 660 slips of various sizes and almost 4400 linear feet of side-tie
moorage. According to the rules, the 4400 linear feet is the equivalent of 110 slips. Thus
Seward has a total slip equivalent of 770 = 660 + 110. The ADA rules prescribe how
many accessible slips are required based on the total number of slips in the marina.
Marinas having between 701 and 800 slips are required to have a minimum of 10
accessible slips.
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The accessible slips should be of various sizes and dispersed throughout the accessible
portions of the marina. A marina does not have to provide more accessible slips than
required. Accessible slips do not need to be marked and are not reserved in the
same way as vehicle parking spaces.
Facilities should hold the accessible slips open for persons with disabilities until all
other slips are filled. At that point, the slip may be made available for general use.
For seasonal slip holders, accessible slips should be held until the expiration period
for slip contracts has expired. Marina operators may choose to make information
regarding accessible boat slips available in promotional material or a facility guide.
Ensuring that accessible slips are available to persons with disabilities is an
operational issue and operators should contact the Department of Justice for
further information. NOTE: The words in the bold font above are directly quoted from
the Access Board’s guide booklet, “Accessible Boating Facilities”.
5.4 Upland Facilities
The newly remodeled restrooms and water fountains at the Seward Boat Harbor meet all
ADA requirements.
6.0 Plan Implementation
Future projects will be completed incrementally in phases.Implementation of each phase
will include the following normal operating procedure.
q A phase will be identified by the Harbormaster and his staff
q The Port and Commerce Advisory Board (PACAB) will review and approve the
phase, recommending it to the City Council,
q The City Council will review and approve the phase and funding
Public input will be a part of the process during public meetings at both thePACAB and
City Council stages prior to final approval for construction.
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APPENDIX A
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90
91
92
93
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APPENDIX B
Commercial Fishing Vessels Home-ported in Seward
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APPENDIX C
Resolution 2014-092of the City of Seward
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, TO ACCEPT $1,479,060FROMUNITED STATES
DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES
CONSERVATION SERVICE THROUGH THE ENVIRONMENTAL
WATERSHED PROTECTION PROGRAMGRANT AND ALLOCATE
THE GRANT FUNDS AND $690,228 FROM THE MAJOR REPAIR AND
REPLACEMENT FUND TO HAMILTON CONSTRUCTION IN ASOLE
SOURCE CONTRACTTO CONSTRUCT THE ENGINEERED
REVETMENT PLAN TO DETER THE IMMINENT DETERIORATION
OF THE BANKOF SNOW RIVER THAT ISJEOPARDIZING THE
TRANSMISSION LINE,AND APPROPRIATING FUNDS
WHEREAS,the transmission line to the Seward area is a radial feed; and
WHEREAS,the transmission line at approximately mile 17.75, crossing Snow River and
constructed parallel to the Seward Highway,is in jeopardy due to erosion caused by a reroute of
the Snow River; and
WHEREAS,the electric department discovered the situation when the crew was in the
area doing clearing; and
WHEREAS, a near-term erosion mitigation plan must be implemented to save structure
T-197 and re-establish river bank for structures T-198 and T-199; and
WHEREAS,the design thathas been engineered toabate the erosion calls for
approximately 10,000 cubic square feet of class III rip rap; and
WHEREAS,the estimated cost of construction is based on this amount and size of rock;
and
WHEREAS,the City has been approved for the Environmental Watershed Protection
(EWP) grant through the U.S. Department of Agriculture (USDA) at 75% of the estimated cost
of the project; and
WHEREAS,the remaining funds must come from the electric department’s major repair
and replacement fund (MRRF); and
WHEREAS,Hamilton Construction was recently the winning bidder for the breakwater
project and is currently working in the Seward area; and
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WHEREAS, the Seward City Code section 6.10.120.8 allows for specialized products
and professional services exemptions stating, “To the purchase of professional services.
Professional services are those that require special knowledge and judgment that includes
analysis, evaluation, prediction, planning or recommendations and which result in the production
of a report or the completion of a task”; and
WHEREAS, the Seward City Code section 6.10.120.2 allows for exemption from
competitive bidding in emergency situations; and
WHEREAS,if structure T-197 fails the cost to run the backup generation facility for the
estimated time of outage is projected to be greater than the City couldsustain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA THAT:
Section 1.The City Manager is hereby authorized to accept a grant from the United
States Fish and Game (USF&G) Environmental Watershed Protection (EWP) program for 75%
($1,479,060) of the projected cost of project construction.
Section 2. The City Council hereby finds that it is in the public interest to waive
competitive procurement requirements in accordance with Seward City Code section 6.10.120.2
which recitals above are incorporated herein.
Section 3. The City Manager is hereby authorized to enter into a sole source agreement
with Hamilton Construction to perform the remediation work.
Section 4. Total spending in an amount not to exceed $2,169,288 is hereby appropriated
as follows: 1) $1,479,060 is appropriated from federal grant account number 15331-0000-5921
to contracted services account number 15331-0000-7009; 2) $690,228 from the Electric Major
Repair and Replacement Fund (MRRF) Fund account number 15001-0000-3710-15330 to
contracted services account number 15330-0000-7009.
Section 5. This resolution shall take effect immediately.
PASSED ANDAPPROVEDby the City Council of the City of Seward, Alaska, this
th
12day of September.
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AUTHORIZING ADVERTISING EXPENDITURES IN AN
AMOUNT NOT TO EXCEED $750TO PROVIDE PUBLIC EDUCATION
WHICH COULD INFLUENCE THE OUTCOME OF AN ELECTION
CONCERNING A BALLOT MEASURE ADDRESSING THE ISSUANCE OF
$3 MILLION GENERAL OBLIGATION BONDS TO PLAN, DESIGN AND
CONSTRUCT ROAD IMPROVEMENTS
WHEREAS,the Seward City Council approved Resolution 2016-045 on July 25, 2016
providing for the submission to the qualified voters of Sewardthe question of authorizing General
Obligation Bonds in an amount not to exceed $3 Million for the purpose of planning, designing and
constructing road improvements; and
WHEREAS,the City will provide information regarding the proposed bond issue in
newspapers of local circulation prior to the election of October 4, 2016, aimed at educating the
public as to the scope of the project and the potential increase in taxes needed to repay a $3 Million
bond; and
WHEREAS, inorder to provide public education in accordance with 2AAC 50.360(b), the
City Council must authorize and appropriate funds since the education process may be considered to
have an influence on the outcome of an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKAthat:
Section 1. The City Council hereby authorizes expenditures in an amount not to exceed $750
for the purpose of educating the public as to the scope and impact of the road improvements project
and the potential increase in taxes needed to repay the general obligation bonds to be issued for the
project.
Section 2. The City Council further directs and authorizes the city manager and other City
officers, officials and employees, as may be appropriate, to register and to complete and file all
necessary reports, forms and notices relating to election-related expenditures under AS 15.13, or as
may otherwise be required by law.
Section 3. This resolution shall take effect immediately upon its adoption.
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CALL TO ORDER
The August 22, 2016 special meeting of the Seward City Council was called to order at 6:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
City AttorneyWill Earnhartled the Pledge of Allegianceto the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Dave Squires
Dale ButtsSue McClure
Comprising a quorum of the Council; and
Jim Hunt, City Manager
Brenda Ballou,Acting City Clerk
Will Earnhart, City Attorney
Absent – Altermatt, Casagranda
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING – None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/McClure) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS – None
PUBLIC HEARINGS
Resolution 2016-051,Authorizing The City Manager To Enter Into A New Lease With Raibow
Fiberglass And Boat Repair, LLC For Lot 5, Block 3 Fourth Of July Creek Subdivision,
Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording
District, Third Judicial District, State Of Alaska.
Motion (Keil/McClure) Approve Resolution 2016-051
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared to address the Council and the public hearing was closed.
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Harbormaster Norm Regissaid David Phillipsfrom Raibowalready had property at the
Seward Marine Industrial Center (SMIC) and wanted to expand, perhaps adding a building for
housing maintenance workers. This property would be adjacent to Phillips’ existing property.
In response to Squires, Regis said Phillips would be fencing this lot only, and would not be
combining adjacent lots this time. This lot would be used for boat storage. Regis corrected his earlier
statement by saying that the building to be erected would be for the storage of tools and equipment
only and not for workers. There was electric in place to the corner of the lot, but no water or sewer;
water and sewer were on the next street over.
In response to Squires, Regis said the building permit and construction would be one to two
years down the road. Squires said that any building that was occupied required sanitation, according
to city building codes, and suggested that the building be put on the adjacent lot that already had
sewer on it.
In response to Butts,Regis said Lot 4 was the adjacent lot. Regis confirmed that thislease
was for 20 years, plus two 5-year extensions. If the lots were combined in the future, both leases
would be renegotiated and combined into one lease.In response to Squires, Long said if council
approved combining the two lots;it would be up to the property owner to vacate the property line.
Motion Passed Unanimous
UNFINISHED BUSINESS – None
NEW BUSINESS
Ordinances for Introduction
Ordinance 2016-006
,Amending Seward City Code 15.25. Floodplain Management By
Adopting The October 20,2016 Revised Flood Insurance Rate Maps (FIRM) And The Flood
Insurance Study (FIS) As Established By Federal Emergency Management Agency (FEMA)
Funding.
Motion (Keil/McClure) Introduce Ordinance 2016-006
Assistant City Manager Ron Longsaid this latest revision dealt with coastal aspects of the
floodplain map. This action was necessary in order to continue to apply for Federal Emergency
Management Funding.
In response to McClure, Long said Seward BearCreek Flood Service Area Board
(SBCFSAB) was on board with this action.
In response to Butts, Long said there would be no direct or immediate impact on the city’s
budget.
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Squires askedifthe FIRMmaps were available tothe publicand Longsaid they were
available for viewing at the Kenai Peninsula Borough Annex office atSeaview, and online through
the borough’swebsite.The Community Development Department also hadthemavailable intheir
office for public viewing.
McClure asked,if this was adopted tonight, would the resolution move to the Kenai
Peninsula Borough Assembly, and Long said SBCFSAB was advisoryso the borough would have
the same consideration before them in the future.
Squires asked ifthe only change from 2013 to now wasan update on the dates,and Long
confirmedit was.
Motion Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS – None
COUNCIL COMMENTS
Butts thanked David Phillips for coming to the meeting tonight.
CITIZEN COMMENTS – None
COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None
ADJOURNMENT
The meeting was adjourned at 6:13 p.m.
____________________________________ ____________________________________
Brenda Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
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CALL TO ORDER
The August 22, 2016 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemonsled the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Dave Squires
Dale ButtsSue McClure
comprising a quorum of the Council; and
Jim Hunt, City Manager
Brenda Ballou,Acting City Clerk
Absent – Altermatt, Casagranda
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Dana Papermansaid she was here for the children,and commended council for their public
service. She thought physical fitness and exercise wascritical for one’s ability tofightthe common
cold or recoverfrom surgery. She thought the city hadhistoricallysupported wellness, but Paperman
felt small when she saw the closed signs on the doors at Alaska Vocational Technical Educational
Center (AVTEC). She had coachedUrbach’s youth basketball for the past 18 years, supervised open
gym and challenged kids on climbing wall, and encouragedseniors touse this facility forsafe
walking practices;the AVTECgym had provided low income families with an improved quality of
life. Paperman urged council to direct theCity Manager to support the community’s access to
recreation.
Willard Dunham thanked council for the opportunity to speak. Tonight he wanted to speak
about Seward’shistory and its future. AVTECwas under attack more now than in all its history. He
sat on the statewide board for AVTEC. In the best interest of the city, he urgedthe city to find a way
to work with AVTEC. Dunham said every program relying on state funds was under attack,andthe
council needed tothink about our town and find some common ground todo what was best for all of
us.
Grace Williamswanted to speak about AVTEC.Williamscoached basketballfor the past
sixyearsandthere were no other gyms availablein town for young children. There was no substitute
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for the AVTEC Gym.The rates for using the AVTEC gym had been very reasonable, and if the
public had been given the opportunity, they may have been willing to paymore.
Kirk DesErmiahad lived in Sewardfor the past 15 yearsand he supported what everyone
else had said about the issuebeing about the children.DesErmia saidno other facility had
racquetball, rockclimbing, skating, or playtimefor totsavailable to the public. Hewondered why
there had not been a larger conversation with the public about this issue since the impact was so great
around the community.
Luke Daviswas born and raised in Sewardand was concerned that his toddler son would not
know AVTEClike he did when he grew up. He thought the community’s future was in its youth; it
was important for our youthto have healthy activitiesavailable for them, especially with the weather
conditions in Seward. AVTEC wasa perfect place for people to expend a lot of energy, and was a
safe place; they could learn a sport as well aslife skills.He suggested that people would be willing to
pay an additional cost to keep the AVTEC gym open.
Hillary Beansaid AVTECwas very important for kids and adults. She started taking stats 17
years agowhen she arrived in town, and it had enabled her to meet peopleand get involved with the
community.Beingable to go to AVTEC provided healthieralternatives. She urged the council to
please come to terms with AVTEC.
MaryBeth Kosterreiteratedeverything that had been said about theclosing of the AVTEC
gym to the public. If there was any way to keep this as a resource she hoped it would be done. Koster
brought two youth with her to speak this evening. Trey Ingallssaid he spent a lot of time in the
AVTEC gym and hoped it wouldn’t go away. Sam Kostersaid spending time in the AVTEC gym
helped him reinforce hisskills. MarybethKoster also wished there was an opportunityto discuss this
further before more decisions were made.
Max Ingallsthought of AVTECas a catalyst for the community. Ingalls had come to know
the people who worked at AVTECwhohelped manage the schedules. He thought it would be very
difficult to replace AVTEC. As a pastor at the Seward Community Church, he had several people
from his church who expressed disappointment to the closing of the gym to the public.
Terry Carterreiteratedeveryone’s sentiments, and wanted to add that as a teacher, the
AVTEC gym allowed the playing fields to be leveled. Not all kids had the opportunity to access
everything through the school, and AVTECwas more affordable. Last year the high school
basketball team on which her son played had not had access to the high schoolgym for all of their
practices, and the team had been bussed to AVTECforpractices.
Ryan Peasesaid there were many different types of activities that took place at the AVTEC
gym, including funerals, weddings, and charities. It was difficult to get into the high schoolgym.
AVTEC had so many facilities to use;it would really hurt the community to lose it.
Andy Wilderhad two young kids, aged 8 and 10. His family used AVTECoften, including
the racquetball court for which there was no substitute. He found it hard to believe that the city
could not fund this, andhe was disappointed that the public had not been involvedin discussions on
not continuing the use of the gym. He thought it would be very sad to lose the facility, and he thought
the people should have a say.
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Suzi Towsleyhad three sons and when she moved to town her oldest was three years old. At
thattime she relied on the AVTECopen gym to allow them to play inside. She said her children
grew up there.
Stephanie Wright hadworked for the Parks and RecreationDepartment. She thought the
kids and adults needed the AVTEC facility, and reiterated all the previous commentsstated.Wright
thought the outrage from the public came from a lack of communication.An employee from Parks
and Recreationlearned about the closurefrom a sign posted on the door last November. The Parks
andRecreationemployees had been told over the winter thatthere would be budget cuts in the
department, but then they were disheartened to hear about monies being spent in other areas.
Dan Linkhart used AVTECa lot during the wintertime. He thoughtmoving the activities
out of the centerof town andtrying to squeeze activities into the high school facilities would not
work. The interaction with other membersof the community was invaluable and could not be
replaced.
Myla Liljemarkwas a teacher and thought that often the people who suffered the most were
those who could not vote, the ones who were too young.Some quality products were simply not
money makers; recreation may not make money but it created a good productin the way ofhealthy
life styles and healthy citizens. Liljemarkchallenged the Seward City Council by asking what they
would do to ensure a quality product coming from Seward.Our citizens, our children, werethe
future for our community.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/McClure) Approval of Agenda and Consent Agenda
Long added adiscussion for relocating the City Council meetingsfor September, October, and
November.
McClure removed the Borough Ballot Proposition presentationfrom the agenda.
Bardarsonaddeda discussion to schedule a work session with Governor Walker on the state’sfiscal
plan.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2016-053, Authorizing The City Manager To Enter Into A Professional Services
Agreement In An Amount Not Exceed $58,903.00 With Harmon Construction, Inc. To Provide
Abatement, Demolition, And Removal ServicesFor Derelict City-Owned Structures Located
At 408 Madison And 516 – 522 First Avenue, And Appropriating Funds.
Approval of the June 27, July 11, July 25, and August 8, 2016 Regular City Council Meeting
Minutes.
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SPECIALORDERS, PRESENTATIONS AND REPORTS
Chamber of Commerce Report. Cindy Clockmet with Steven and Arlene Fischer who
was the great-greatgrand-nephew of William H. Seward. All the winners of the Silver Salmon
Derby were posted on the chamber’s website; Otto Hansen won the two Alaska Airlines tickets.
There had only been about one-third of the historical numbers of fish turned in, but the average per
fish weight was up by two pounds. The Kenai Fjords Tour Volunteer Appreciation Cruise to Fox
Island would be Friday,September2, 2016. The Chamber of Commerce was once again planning
to host Meet the Candidates Night for the upcoming Municipal Election.
Butts thanked the Seward Chamber of Commerce for a great season.McClureadded her
appreciation that the chamber made volunteering for events really fun.
Borough Assembly Report. Brandii Holmdahlwas traveling for work and was not
available to provide a report.
City ManagerReport. JimHuntstated there had been no purchase orders between $10,000
and $50,000 approved by the City Manager since the last meeting.
Hunt met with Amy McElroyfrom Senator Murkowski’s office today and had provided a
tour of the Lowell Canyon Tunnel, as well as Seward Marine Industrial Center.The Public Works
Department had been planning to work on the Lowell Point Road tomorrow morning, so the road
may have intermittent closures; emergency vehicles would have priority to pass.
Assistant City Manager Ron Longsaid the Port and Commerce Advisory Board (PACAB)
would start meeting again in September. Long provided an update on the Snow River project: there
had been a very fast response from the federal government on this project; it would potentially be
funded up to 75%. Long credited effective lobbyingfor the effective response. Regarding the
AVTEC gym, Long said the talks with the schools had been happening and administration believed
the schools would be a viable alternative. During the last two budget cycles, administration had been
directed to cut the Parks and RecreationDepartment, and now citizens were saying they would pay
more money. Long said the schools had assured administrationthat they could make it work.
Administrationwas developing a Memorandum of Agreement and would bring that forward to
council.
Keil requested that administration re-evaluate the AVTECsituation; if citizens were willing
to spend more then perhaps there could be limited services available at AVTEC. She thought the
public was very passionate about this issue.
Long stated the top fiveprograms used at AVTECwere the weight room, roller skating,
family gym, indoor park, and racquetball. Another important component was the showers, butthose
were available at the harbor.
Keilwas concerned with the email regardingAVTECfromDesErmiathat no one on council
had received. Long said he had received it.Squires said the email listed wasnot his correct email
address.
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In response to Squires, Long said administrationwas looking at potentially using all three
schools.
McClurerequested a potential timeline for a gym solution. Long said they would have some
information at the next meeting.
In response to McClure, Long said the Snow River project was not being negatively affected
by the heavy rains yet.
In response to Butts, Long said the Friends of the Jesse LeeHome still had several years left
on their contract, and until or unless administrationsaw an indication that they were defaulting on
their commitment, administration would not take action.
Squires requested an update on the Air Force Recreation Camp. Hunt saidJoint Base
Elmendorf-Fort Richardson (JBER)wasissuing aRequest For Proposal (RFP)for clearing the
property. Hunt said he would contact JBER for an update.
Bardarsonsaid the Regulatory Commission of Alaska (RCA)selected the participants in
Transco; Long stated there was no update.
PUBLIC HEARINGS – None
UNFINISHED BUSINESS – None
NEW BUSINESS
Resolution 2016-052,Authorizing The City Of Seward To Issue Harbor Improvement Revenue
Refunding Bond,2016 In The Principal Amount Of Not To Exceed $1,300,000 To Refund
Certain Outstanding Harbor Improvement Revenue Bonds Of The City, Fixing Certain
Details Of Such Bond, Authorizing The Sale Of Such Bond, And Providing For Related
Matters.
Motion (Keil/Squires) Approve Resolution 2016-052
Finance Director Kris Erchingersaid these bonds had been issued in 2000 for float
reconstruction. Currently there would be a Net Present Value savings of 3%, and Erchinger would
not want to refinance for anything less than 3%. The bond bank’s board would meet on September 6,
2016. On October 17-18, 2016 Erchinger would go out to price the bonds at market.
McClureasked whythe City Attorneyhad not been used for this matter. Erchinger said
Woolforth and Cartledge had been used for years;Erchingerpreferred using Woolforth and
Cartledge because they had experience. In response to McClure, Erchinger said this was coming
forward tonight to allow sufficient time for the required waiting period of 30daysbefore going into
effective.
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Squires said some items were not completed in the back up documentation. Erchinger said
the dates were notknown until they went to market.The pre-closing would happen in November,
2016and they would go out to market two weeks prior to the pre-closing. In the event the interest
rates were unfavorable at market time, Erchinger would not proceed and would wait until thenext
time the bond bank met. In response to Squires, Erchinger confirmed she would not proceed for less
than 3%.
Earnhart suggested this resolution be postponed to the September 12, 2016 meeting. He felt
there were some validity issues with this resolution. He was concerned that there was no contract in
place with Woolforth and Cartledge.The bond bank schedule should be on September 28, 2016 and
he seriously disagreed with administrationthat they could hire any other counsel. Earnhart
discovered two weeks ago thatthis firm had been hired; Cartledge previously represented the bond
bank, not a municipality.
Motion To Postpone (McClure/Butts) Postpone Resolution 2016-052 ToThe
September 12, 2016 Meeting.
Earnhart said this was not in the spirit of the City Attorney’s contract.
In response to Keil, Erchinger said the last bond refinancing was done through Woolforth
Cartledge & Brooking prior to their dissolution on December 31, 2015.
Erchinger said administration had the right to hire any other legal counsel, particularly when
a different attorneyhad specific experience in a certainarea. Further she said fees for bond counsel
were negotiatedspecific to a bond refunding occasion. Erchinger had been asked,but was
uncomfortable sharing with Earnhart the contract for Woolforth and Cartledge.
Long was not in favor of postponing this resolution and thought it would result in spending
more money. He did not believe there was any sort of procurement issue with this contract.
McClure withdrew her motion to postponewith no objection from council.
Earnhartsaid this resolution was marked that the City Attorney had reviewed the resolution
and he had not. Further, he said the contract with Woolforth and Cartledge was a public document
and he did not understand why it was being secreted.
Main Motion Passed Unanimous
Other New Business Items
Discussion for relocating the City Council meetings for September, October, and November.
Council approved relocating the City Council, and Boards and Commissions meetings from the City
Council Chambersto the libraryfor the months of September, October and November 2016 to allow
for the City Hall carpet replacement project.
Schedule a work session with Governor Walkeron the state fiscal plan. Council scheduleda
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work session on Friday, August 26, 2016 at 2:30 p.m. in Seward City Council Chambers for the
purpose of hearing a state fiscal plan update from Governor Walker.
INFORMATIONAL ITEMS AND REPORTS
June 2016 Financials for the City of Seward and Providence Seward Medical Center.
th
Memo thanking Seward businesses and home stay families for their support of the 44Annual Sister
City Student Exchange Program.
COUNCIL COMMENTS
Buttsthanked everyone whocame tonight and voiced theiropinions. School hadstarted so
please be watchful for children on bikes and walking.
McCluresaid tomorrow night was the Kenai Peninsula Borough Assembly meeting. They
would be considering the reduction of the Planning Commission.McClure reiterated the invitation to
Founders Dayon Sunday, August 28, 2016 from 2:00-4:00 p.m. at the library,and mentioned the
new city flagwould be unveiled. Cindy Capra was sewing a prototype which wouldbe donated to the
museum, and all entries would be on display.
Squiresthanked everyone who spoke about the AVTEC gym. Regarding contracts, council’s
input camedirectly from the public. He thanked the six candidates for putting their names in the hat
for council, and said if the public was not happy with the job he was doing then they should vote him
out. Squires also echoedthe safety message about school. He wanted to see more enforcement for
pedestrians atthe cross walks.
Bardarson thanked everyone for their support of the Japanese student exchange program.
She felt she had gottena clear message about what the public wanted to see regarding the AVTEC
gym.
CITIZEN COMMENTS
Suzi Towsleystatedher request veryclearly:please direct administrationto get the AVTEC
gym open. She added that she was also concerned about crosswalk safety.
Devon Putneywanted council to look directly at the negotiations with AVTECso that the
gym could come back. He thought there was still an opportunity to fix the situation before winter.
Andy Wilder didn’t think it made sense to have three different locations for families with
young children to go to. This wasn’t just a dollar conversation, it was practical as well. He wanted to
see the gym stay at AVTEC.
Michael Mahmoodsaid for thefirst 10years he lived in Seward, he lived in a dry cabin
without running water, and the showers at AVTECwere important. He felt the harbor showers were
not the safest at night. He wanted to see AVTEC gym remain open.
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Luke Davissaid council should reflect on why they joined council, if not to better their
community. He was born and raised in Sewardand had a lot of history in town.He said AVTECwas
an integral part of the lives of many Sewardites. This was the very first council meeting he had ever
attended, and this was a big deal to him so he showed up to speak out.
Willard Dunhamreiterated hiscomments about the need for the city to work cooperatively
with AVTEC. He was concerned with what was happening on a statewide level. There hadnever
been a more important time for the city to lend its support to AVTEC. In the last two years AVTEC
had suffered terribly from budget cuts, and he feared there was more to come. The city and AVTEC
should be joinedat the hip right now in order to face the future together. In 1969, Seward fought 10
other Alaska communities to get AVTEChere; now AVTECneeded solid backing and support from
the city. He was delighted to seeall of these young people who had been born and raised herecame
out tonight and support AVTEC.
COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Keilcommented about the state budget, and encouraged people to come to the work session
on Friday when the governor would be there.
Squiresthanked everyone for speaking out again tonight and expressing their wishes so
clearly. He also encouraged people to come out on Friday to speak with Governor Walker. He
wanted to see administration work simultaneous negotiations with AVTEC,as well as the three
schools.
Longsaid he didn’t want to throw AVTECunder the bus, just because they hadn’t responded
to administration’semail from 10days ago yet. AVTECwas facing serious budget cuts, just as every
organization and government entity was. He cautioned about picking holes in the potential school
programs before they came about.
ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
____________________________________ ____________________________________
Brenda Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
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Agenda Statement
Meeting Date: September 12, 2016
From: Brenda Ballou,Acting City Clerk
Agenda Item: Appointment of Election Board
BACKGROUND & JUSTIFICATION:
According to Seward City Code 04.05.015 (a), City election boards are selected and appointed by the
Kenai Peninsula Borough Assemblyand each member shall be a qualified voter and resident within
the precinct for which they are appointed. The members listed below were approved by the Borough
Assembly.
The qualified city residents that will constitute the election board and who have committed to work
on October 4, 2016 are:
·Mark Kansteiner, Chair
·Patty Linville
·Sue Faust
·Gary Seese
·Jodi Nelson
RECOMMENDATION:
City Council approve the Election Board for the October 4, 2016 regular municipal election.
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Agenda Statement
Date: September 12, 2016
From: Brenda Ballou,Acting City Clerk
Agenda Item: Appointment of Canvass Board
BACKGROUND & JUSTIFICATION:
According toSeward City Code04.01.115 (a), the City Clerk, subject to the approval ofthe City
Council, shall appoint four or more qualified voters who shall constitute the electioncanvass board
for the October 4, 2016 regularelection. The canvass board is scheduled to convene the afternoon of
October 6, 2016 to count the special need, absentee, and questioned ballots.
This canvass board would comprise of the following City of Seward residents:
·Dorothy Osenga, Chair
·Susie Urbach
·Jennifer Carr
·Kristi Larson
RECOMMENDATION:
The Seward City Council approve and appoint the above to the CanvassBoard for the October 4,
2016regular election.
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Room
plan and wants the public’s
updating the community's
s
Large Community
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Learn about the comprehensive planning procesTell us your vision of SewardHelp identify issues facing the community
We need your input!The comprehensive input. Come to the open house to:
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239 Sixth Avenue, Seward
Seward Community Library & Museum
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Nanci Richey19/8/2016 3:18 PM
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