HomeMy WebLinkAbout10102016 City Council PacketSeward City Council
Agenda Packet
Photo by Jackie Wilde
October 10, 2016
City Council Chambers Beginning 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}
October 10, 2016 7:00 p.m. COMMUNITY ROOM AT LIBRARY
Jean Bardarson
CALL TO ORDER
Mayor
PLEDGE OF ALLEGIANCE
Term Expires 2017
ROLL CALL
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
Marianna Keil
THOSE ITEMSSCHEDULED FORPUBLIC HEARING
Vice Mayor
\[Thosewhohavesignedin will begiventhefirstopportunityto
Term Expires 2016speak. Time is limited to3minutesper speaker and36
minutes total timeforthis agenda item.\]
Ristine Casagranda
APPROVAL OF AGENDA AND CONSENT AGENDA
\[Approval of Consent Agenda passes all routine items indicated
Council Member
byasterisk (*). Consent Agenda items are not considered separately
Term Expires 2016
unlessacouncil memberso requests.Intheevent of such arequest,the
item is returnedto the Regular Agenda\]
David Squires
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Council Member
Term Expires 2017
Proclamationsand Awards
CityManagerReport
Dale Butts
City Attorney Report
Council Member
OtherReportsand Presentations
Term Expires 2016
Quarterly Report from the SewardPlanningandZoning
Commission.
Sue McClure
Council Member
PUBLIC HEARINGS
Term Expires 2017
Ordinances ForPublic HearingAnd Enactment
Deborah Altermatt
Council Member
Ordinance2016-008, Amending AndRevising Title 10,
Term Expires 2017
Public Peace,Morals And Welfare, To Conform With
Modern Practice AndLaw.
James Hunt
City Manager
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
City of Seward, Alaska Council Agenda
October 10, 2016 Page 1
UNFINISHED BUSINESS
Resolution 2016-055, Approving TheRemovalOfTheWordSmallFromThe
Phrases Seward Small
BoatHarbor Or SmallBoatHarbor Within The Seward
Small Boat Harbor Plan.Postponed from theSeptember12, 2016 meeting.
Schedulea work session to discuss theAVTECgym/contract.(Casagranda)
Postponed from theSeptember26, 2016 meeting.
Scheduleaworksessionto discuss theevaluation forms, procedures, andpolicies
fortheCityAttorney,CityManager,and City Clerk.Postponed from the
September 26, 2016 meeting.
NEW BUSINESS
Resolutions
Resolution 2016-061,Authorizing The City Manager To Sign The AutomaticAid
Agreement AndOperationalPlanBetween TheCity OfSeward Fire Department
And The Bear CreekFire And Emergency Services Area.
Resolution 2016-062, Authorizing TheCityManagerToSign The MutualAid
Agreement AndOperationalPlanBetween The City OfSeward Fire Department
And The Bear CreekFire And Emergency Services Area.
Other New Business Items
*1.ApprovaloftheSeptember 12, 2016CityCouncilMeetingMinutesandthe
September16, 2016 City CouncilSpecial Meeting Minutes.
*2. Certification of theOctober4, 2016 Municipal Election.
Discuss cancelingtheNovember14and28, 2016 City Councilmeetings,and
scheduling a CityCouncilmeetingforNovember21, 2016.
INFORMATIONAL ITEMSAND REPORTS(No Action Required)
QuarterlyReportfromtheSeward Planning and Zoning Commission.
COUNCIL COMMENTS
CITIZEN COMMENTS
COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
ADJOURNMENT
City of Seward, Alaska Council Agenda
October 10, 2016 Page 2
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4
5
The Last Great Race
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$26,900
$7,370.00$3,385.00$2,000.00
$68,885.00$12,483.00$41,917.00$43,917.50
$242,411.00$289,231.50$319,516.50
$ Amount:
$730.00$600.00$540.00$425.00$350.00$210.00$150.00$100.00
$7,020.00$6,300.00$4,650.00$4,150.00$3,220.00$2,825.00$2,820.00$1,400.00$1,400.00$1,400.00
$68,155.00$13,000.00$11,943.00
$232,046.00
Total Revenues
Revenue Type:
Payment Option (All LUKE Stations) Daily Parking $10 One Day Combo $20 Slip Holder $50 Oversize Rate $20 Uplands Parking $10 Vehicle+Trailer $100 Employee $50 Boat Launch $10 Boat Launch
Fee $10 Fine Amount $25 Daily Parking $5 BULK Employee $200 NORTH Annual Launch Visitor Permit $100 One Day Combo $15 SOUTH Annual Launch Oversize Rate $10 $10 Fee Required Fine Amount
$35 Fine Amount $105 Permit Replacement Daily Parking $5
7
Permit Sales Daily Boat Launches One Day Combo Sales ($15 & $20) Fine/Violation Payments North & South Annual Launch Passes Daily Parking ($5 & $10) Oversized Parking ($10 & $20)
oversized parking, and daily rates): purchases and Daily Launch fees): Harbor-Related Revenue Total: Parking-Related Revenue Total:
$0
$1,140
$44,937.00$72,718.00$21,017.00
$36,544.00$74,525.00$97,934.00$17,185.00
$124,982.00$104,247.00
$136,106.00
Revenue
Revenue
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1515
15
15
15
16
1616
16
16
16
Jul-
Apr-
Jun-
Aug-Sep-
Month
May-
Jul-
Apr-
Jun-
Aug-Sep-
Month May-
2016 CITY OF SEWARD COMMUNITY PARKING MANAGEMENT REVENUE SUMMARY
2016 Seasonal Total: $363,434 2015 Seasonal Total: $367,901
Monthly Revenue Totals for 2016
Monthly Revenue Totals for 2015
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Sponsored by:Earnhart
Introduction:September 26, 2016
Public Hearing: October 10, 2016
Enactment: October 10, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING AND REVISING TITLE10, PUBLIC PEACE,
MORALS AND WELFARE, TO CONFORM WITH MODERN PRACTICE
AND LAW
WHEREAS, most of Title10 was originally adopted in 1971 and is grossly out of date;
and
WHEREAS, several of the existing provisions in Title10 are unconstitutionally vague;
and
WHEREAS, other provisions are duplicative of parts of Title 9; and
WHEREAS, most of the criminal provisions in Title10 are duplicative of Alaska State
law, and in some cases Federal law; and
WHEREAS, it is the practice of the City of Seward to enforce State law where
applicable.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,HEREBY ORDAINSthat:
Section 1. Seward City Code Section 10.01 through 10.30 are amended as follows:
()
Deletions are BoldStrikethroughs; Additions are Bold/Underline/Italics
TITLE 10 - PUBLIC PEACE, MORALS AND WELFARE
\[1\]
Chapter 10.01. - General Provisions
10.01.010. - Definitions; conformance with state law.
Unless otherwise defined in this title, or where a definition in this titleconflicts with the
laws of the state for the same offense, the definition of the offense contained in the laws of the
state, as interpreted by the courts of the state, shall govern the provisions of this title.
(Ord 378, 1971; Ord. 610, 1988)
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\[2\]
Chapter 10.05. - Offenses Involving Minors
10.05.010. - Curfew; responsibility of parents, etc.
(a) The purpose of this section is to:
(1)Promote the general welfare and protect the general public through the
reduction of juvenile violence and crime within the city;
(2)Promote the safety and well-being of the city's youngest citizens, persons
under the age of 18, whose inexperience renders them particularly vulnerable
to becoming participants in unlawful activities, particularly unlawful drug
activities, and to being victimized by older perpetrators of crime; and
(3) Foster and strengthen parental responsibility for children.
(b)Definitions.As used within thissection 10.05.010, thefollowing words and phrases
shall have the meanings ascribed to them below:
Curfew hoursmeans the hours of 12:01 a.m. through 5:00 a.m. on any day of the week.
Emergencymeans unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but
is not limited to fires, natural disasters, automobile accidents, or other similar circumstances.
Establishmentmeans any privately-owned place of business within the city operated for
a profit, to which the public is invited, including but not limited to any place of amusement or
entertainment. With respect to such establishment, the term "operator" shall mean any person,
and any firm, association, partnership (and the members or partners thereof) and/or any
corporation (and the officers thereof) conducting or managing that establishment.
Minormeans any person under 18 years of age who has not had the disabilities of
minority removed by court order pursuant to AS 09.55.590.
Officermeans a police or other law enforcement officer charged with the duty of
enforcing the laws of Alaska and/or the ordinances of the City of Seward.
Parentmeans:
(1)A person who is a minor's biological or adoptive parent and who has
legal custody of a minor (including either parent, if custody is shared under a
court order or agreement);
(2)A person who is the biological or adoptive parent with whom a minor
regularly resides;
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(3)A person judicially appointed as a legal guardian of the minor; and/or
(4)A person eighteen years of age or older standing in loco parentis (as
indicated by the authorization of an individual listed in subsection (1), (2), or
(3) of this definition, above, for the person to assume the care or physical
custody of the child, or as indicated by any other circumstances).
Personmeans an individual, and does not mean an association, corporation, or any other
legal entity.
Public placemeans any place to which the public or a substantial group of public has
access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks,
and/or the common areas of schools, hospitals, apartment houses, office buildings,
transportation facilities, and shops.
Remainmeans the following actions:
(1)To linger or stay at or upon a place; and/or
(2)To fail to leave a place when requested to do so by an officer or by the
owner, operator or other person in control of that place.
Temporary care facilityrefers to a non-locked, non-restrictive shelterat which minors
may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such
facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
(c)It shall be unlawful for a minor, during curfew hours, to remain in or upon any public
place within the city, to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon the premises of any establishment within the city, unless:
(1)The minor is accompanied by aparent;
(2) The minor is involved in an emergency;
(3)The minor is engaged in a parentally approved employment or sport fishing
activity, or is going to or returning home from such activity, without detour or stop;
(4)The minor is on the sidewalk directly abutting a place where he or she resides
with a parent;
(5)The minor is attending an activity sponsored by a school, religious, or civic
organization, by a public organization or agency, or by another similar organization or
entity, which activity is supervised by adult, and/or the minor is going to or returning
from such an activity without detour or stop;
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(6)The minor is on an errand at the direction of a parent;
(7)The minor is involved in interstate travel through or beginning or terminating
in the City of Seward; or
(8)The minor is exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the right of
assembly.
(d)It shall be unlawful for a minor's parents to knowingly permit, allow or encourage
such minor to violate subsection (c) of this section.
(e)It shall be unlawful for a person who is the owner or operator of any motor vehicle to
knowingly permit, allow or encourage a violation of subsection (c) of this section.
(f)It shall be unlawful for the operator of any establishment, or for any person who is an
employee thereof, to knowingly permit, allow or encourage a minor to remain upon the
premises of the establishment during curfew hours. It shall be a defense to prosecution under
this subsection that the operator or employee of an establishment promptly notified the police
department that a minor was present at the establishment after curfew hours and refused to
leave.
(g) It shall be unlawful for any person (including any minor) to give a false name,
address, or telephone number to any officer investigating a possible violation of this section
10.05.010.
(h)Enforcement.
(1)Minors.Before taking any enforcement action hereunder, an officer shall make
an immediate investigation for the purpose of ascertaining whether or not the presence
of a minor in a public place, motor vehicle and/or establishment within the city during
curfew hours is in violation of subsection (c) of this section 10.05.010.
a.If such investigation reveals that the presence of such minor is in
violation of subsection (c) of this section 10.05.010, then:
i.If the minor has not previously been issued a warning for any
such violation, then the officer shall issue a verbal warning to the
minor, which shall be followed by a written warning mailed by the
police department to the minor and his or her parent(s); or
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ii.If the minor has previously been issued a warning for any such
violation, then the officer shall charge the minor with a violation of this
ordinance and shall issue a summons requiring the minor to appear in
court.
b. As soon as practicable, the officer shall:
i.Release the minor to his or her parent(s);
ii.Place the minor in a temporary care facility for a period not to
exceed the remainder of the curfew hours, so that his or her parent(s)
may retrieve the minor; or
iii.If a minor refuses to give an officer his or her name and
address, refuses to give the name and address of his or her parent(s), or
if no parent can be located prior to the end of the applicable curfew
hours, or if located, no parent appears to accept custody of the minor,
the minor may be taken to a crisis center or juvenile shelter or to a
judge or intake officer of the court orreferred to the Division of Family
and Youth Services to be dealt with in the manner and pursuant to such
procedures as required by law.
(2)Others.If an investigation by an officer reveals that a person has violated
subsections (d), (e), or (f) of this section, and if the person has not previously been
issued a warning with respect to any such violation, an officer shall issue a verbal
warning to the person, which shall be followed by a written warning mailed by the
police department to the person; however, if any such warning has previously been
issued to that person then the officer shall charge the person with a violation and shall
issue a summons directing the person to appear in court.
(Ord. 99-09)
10.05.015. - Abuse of, endangering, etc.
It shall be unlawful for any person to willfully cause or permit any child to suffer, or
inflict thereon, unjustifiable physical pain or mental suffering, or, having the care or custody of
any child, to cause or permit the life or limb of such child to be endangered, or the health of
such child to be injured, or to willfully cause or permit such child to be placed in such situation
that the child's life or limb may be endangered, or the child's health likely to be injured.
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(Ord. 378, 1971)
10.05.020. - Abuse reports to be kept confidential.
Any report made by a licensed physician to the police or public prosecutor of a
suspected or actual instance of abuse to a minor as defined in 10.05.015shall be confidential,
and such report may not be inspected by or disclosed to any person except officers authorized to
administer the criminal laws of the city or the state, or a law enforcement officer, or in response
to a proper subpoena from a court. Any city employee who violates this section by disclosing or
allowing inspection of such report to an unauthorized person shall be guilty of a violation of this
chapter, and shall be immediately discharged from his office of employment. No report made as
provided in this section or evidence of the making of such report may be used in a civil action
arising out of the report or the making of the report against the physician making the report.
(Ord. 378, 1971; Ord. 610, 1988)
\[3\]
10.05.025. - Sale of firearms to minors.
It shall be unlawful for any person to give, barter, sell, lease or otherwise make available
to any person under the age of 18 years any firearm, including but not limited to pistols, rifles
and shotguns, within the city.
(Ord. 378, 1971)
10.05.030. - Sale of cigarettes to minors.
No person shall sell cigarettes or tobacco in any form to children under 18 years of age.
(Ord. 378, 1978)
10.05.035. - Drunkenness, improper conduct, etc., in presence of minors.
It shall be unlawful for any person, in the presence of any child, to indulge in any
degrading, lewd, immoral or vicious habits or practices, or to be habitually drunk in the
presence of any child in his care, custody or control.
(Ord. 378, 1971)
\[4\]
Chapter 10.10. - Offenses Against Public Peace, Safety and Order
\[5\]
10.10.010. - General offenses.
It shall be unlawfulfor any person to do any of the following:
(1)Be upon any public street or in any public place in a state of drunkenness or
intoxication in such manner as to be obviously visible and offensive to the public;
(2)Beg in any street, alley or public place;
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(3)Create a disturbance in a public place or at any lawful assembly;
(4)Make, cause or continue, or cause to be made or continued, any unnecessary or
unusual noise, which either annoys, injures, or endangers the comfort, repose, health
or safety of others; and every person who shall make, cause or continue, or cause to
be made or continued, whether in the operation of any machine, or the exercise of any
trade or calling, or otherwise, any noise which either annoys, injures or endangers the
comfort, repose, health or safety of others, unless the making or continuing of the
same is necessary to the protection or preservation of property, or of the health,
safety, life or limb of some person, shall be guilty of an unlawful act under this Title.
(5)Sell or attempt to sell any periodical literature other than daily newspapers or
solicit the sale of magazine subscriptions on the public sidewalks and streets or in any
area of a doorway or entranceway immediately abutting thereon within the city;
(6)Otherwise make any breach of the peace.
(Ord. 378, 1971; Ord. 610, 1988)
\[6\]
10.10.015. - Vagrancy.
Every able-bodied person who, not having visible means to maintain himself, lives idly
without employment, who is found loitering or rambling about the streets, alleys, depots,
terminals or other public places, or lodging in cars, grocery, outhouses, sheds, stables, in the
open air or other places other than such as is kept for lodging purposes, without the permission
of the owner or party enTitled to possession thereof, not giving a good account himself; every
person found in public places begging; every lewd and dissolute person who lives in or about
houses of ill fame; and every common prostitute and every person who shall conduct himself in
a violent, riotous or disorderly manner, or uses any abusive language in any street, alley, house
or place whereby the peace or quiet of the neighborhood or the vicinity may be disturbed, shall
be deemed guilty of vagrancy and in violation of this section.
(Ord. 378, 1971)
10.10.020. - Loitering, etc., on school grounds.
It shall be unlawful for any person to loiter, idle or wander in, about or on any public,
private or parochial school grounds or buildings, either on foot or in or on any vehicle, without
having some lawful business therein or thereabout, or in connection with such school or the
employees thereof; or for any person to do any of the following:
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(1)Annoy, disturb or otherwise prevent the orderly conduct of classes and
activities of any such school;
(2)Annoy, disturb, assault or molest any student or employee of any such school
while in any such school building or on any school grounds;
(3)Conduct himself in a loud, wanton or lascivious manner in speech or behavior
in or about any such school building or school grounds;
(4)Park or move a vehicle in the immediate vicinity of, or on the grounds of, any
such school for the purpose of annoying or molesting the students or employees
thereof or in an effort to induce, entice or invite students into such vehicles for
immoral purpose (seesection 11.15.065for similar provision).
(Ord. 378, 1971)
\[7\]
10.10.025. - Registration of hotel guests; occupancy of hotel rooms.
(a)All hotel guests, roomers and lodgers shall register their names and addresses with the
person in charge for registering guests.
(b)No hotel room shall be occupied jointly by persons of the opposite sex with the intent
to commit an illegal act or avoid punishment for an illegal act.
(c)No person shall, in registering as required in this section, use any name other than his
own full correct name with the intent to commit an illegal act or escape punishment for
committing an illegal act.
(d)For the purpose of this section, hotels shall include all public lodging places,
including but not limited to hotels, motels, lodging houses, boardinghouses and rooming
houses.
(Ord. 378, 1971)
\[8\]
10.10.030. - Discharge of weapons.
(a)No person shall discharge any firearm, pellet gun, or crossbow within the city except
at an approved range or as noted in subsections (b) and (c) of this section.
(b) Hunting with shotguns using a steel shot size no larger than number 2 shall be allowed
by permit in areas designated for hunting by resolution of the city council.
(c)The use of air rifles, BB guns and long bows is allowedby persons over the age of 16,
or younger when supervised by an adult.
(Ord. 378, 1971; Ord. 93-27)
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10.10.035. - Abandoned refrigerators, iceboxes, etc.
No person shall place, or allow to be placed, any discarded, abandoned, unattended or
used refrigerator, icebox or similar container equipped with an airtight door or lid, snap locks or
other locking device which cannot be released from the inside, in a location accessible to
children, either outside any building or dwelling or within an unoccupied or abandoned
building, dwelling or other structure under his control, without first having removed the door,
lid or locking device. This provision applies equally to the owner of any such refrigerator,
icebox or similar container, and to the owner or occupant ofthe premises where the hazard is
permitted to remain.
(Ord. 378, 1971)
10.10.040. - Possession and discharge of fireworks.
(a)No person shall barter, sell, exchange or give away, or set off, fire or explode, or
cause to be set off, fired or exploded, anyfirecracker, sky rocket, pinwheel, fusee, Roman
candle, bomb or any pyrotechnical contrivance or apparatus of any description within the city
without prior approval of the city council.
(b)No person shall have any firecracker, sky rocket, pinwheel, fuses, Roman candle,
bomb or any pyrotechnical contrivance or apparatus of any description in his possession on
the public streets, parks or any other public place. This subsection shall apply to the
following areas within the City of Seward: Central business district. Defined as that area
including on the north, Jefferson Street; on the west, Third Avenue; on the East, Fifth
Avenue; and south, to the waterfront. Small boat harbor area. Defined as that area including
on the north, Port Avenue; on the south, Van Buren Street; on the west, Third Avenue; and to
the waterfront to include the small boat harbor basin. Forest Acres campground.
(Ord. 316, 1962; Ord. 545, 1985)
10.10.045. - Accumulation or storage of junk, equipment, wrecked automobiles, garbage,
\[9\]
stagnant water, etc.
No owner, lessee, agent, tenant or occupant shall allow or permit any debris, junk or
indiscriminate storage of machinery, equipment parts, wrecked, junked or abandoned
automobile bodies, lumber or other material or any accumulation of garbage, manure, offal,
rubbish, stagnant water or any filthy liquid or substance or anything that is or may become
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putrid or offensive to be or remain upon his yard, lot or premises or upon anyyard, lot or
premises owned or controlled by him.
(Ord 378, 1971)
10.10.050. - Dangerous excavations, pools, wells, etc.
No person shall keep, maintain or permit a well, swimming pool or other dangerous
excavation (including but not limited to a gravel pit) in the earth uncovered, unprotected,
unfenced or otherwise dangerous or unsafe condition within the city. Any covering shall be
complete and have no unguarded openings. Any fences shall be at least eight feet high of either
solid panel or heavy woven wire construction. Any other protection, including use of watchmen,
shall be fully effective at all times, including night hours.
(Ord. 378, 1971)
10.10.055. - Fortunetelling and other similar practices.
No person shall engage for hire in the practice or occupation of fortunetelling, mind
reading, character reading or phrenology. Acceptance of money or other consideration from one
for whom such acts are performed shall be prima facie evidence that such acts were done for
hire.
(Ord. 378, 1971)
\[10\]
Chapter 10.15. - Offenses Against Persons and Property
10.15.010. - General offenses against property.
No person shall do any of the following:
(1)Maliciously destroy or injure any public property or any private property not
his own;
(2)Drivea vehicle not his own without the owner's consent;
(3) Trespass upon the private property of another without his consent;
(4)Steal any property of a value not exceeding $100.00; provided, that the city
may, at its option, treat as petit larceny the theftof a sum greater than $100.00;
(5)Interfere with, obstruct, mutilate, conceal or tear down any official notice or
placard posted by any city officer without permission from such officer;
(6)Spit upon or otherwise mar or litter any hallway, stairway, sidewalk or steps of
any public building or place of worship or any public park, public beach, public
recreation area or public parking lot;
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(7)Willfully obstruct the free passage of or injure or deface public streets,
highways, sidewalks or alleys by digging or breaking or by placing objects in such
streets, highways, sidewalks and alleys without proper authority from the city official
in charge of such streets, highways, sidewalks or alleys;
(8)Willfully remove, throw down, destroy, extinguish or carry away any light,
obstruction, guard or other similar article or thing erected or placed on any highways,
street, alley, avenue or bridge for the purpose of guarding or enclosing unsafe or
dangerous places without the consent of the person in control of that safeguard or
danger signal.
(Ord. 378, 1971; Ord. 382, 1971)
10.15.015. - Disposal of abandoned or stolen property; returning unclaimed property to
\[11\]
finder.
(a)Property in the possession of the police department.If there is any property in the
possession of the police department that has been stolen and is not claimed by the owner
within 90 days without the conviction of the person for stealing the property, or if there is any
property that has been abandoned andnot claimed within ninety days of the date on which the
police department took possession thereof, or if property is found and delivered to the police
department and ownership is not established within 90 days on which the police department
took possession, the police chief shall, if the owner is not known, publish in a newspaper of
general circulation in the city once a week for four consecutive weeks, that the property is in
possession of the police department, and the property in possession of the police department
may be sold at public auction at a time and place dated in the notice, or if the property is
money, that it will be paid into the city treasury for deposit into the general fund. If, after
notice is given as required herein, the property stillremains unclaimed by the owner, if it is
money, the chief of police shall pay such money to the city treasurer; except that found
money shall be returned to the finder upon request. If it is other property, the chief of police
shall have the property soldat public auction; except that found property shall be returned to
the finder upon request. All requests of finders regarding return of property shall be made to
the chief of police prior to sale at public auction. Any finder who fails to make his requestas
so provided shall forfeit all right, Titleand interest to any found property. Before returning
property to a finder or before paying any money to the city treasurer, the chief of police may
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require compensation of the proportionate cost of publicationand sale attributable to the
property or money delivered. Provisions of this section shall not apply to property coming
into the possession of the police department which the chief of police determines to be
dangerous or perishable. Such property may be disposed of immediately, without notice, in
such manner as the chief of police determines to be in the public interest.
(b)Other abandoned property.Any other abandoned property which is not turned over to
the police department may be disposed of by the city manager in the following manner: The
city manager or his deputy shall first determine whether or not the property is in fact
abandoned property. If the property has been abandoned, and appears to have some value, it
shall be disposed of at public auction in the same manner as provided in subsection (a) for
property in the possession of the police department. If the property is not sold at public
auction, or if the city manager shall determine that it is valueless and not sellable at public
auction, it shall be disposed of as rubbish.
(Ord. 378, 1971; Ord. 382, 1971)
\[12\]
10.15.020. - Assault and battery; jostling, crowding, etc.
(a)No person shall commit assault and battery.
(b)No person shall jostle or roughly crowd people unnecessarily in any street, alley or
public place.
(Ord. 378, 1971)
10.15.025. - Indecent assault.
It shall be unlawful for any male person over the age of 18 years to take indecent
liberties with or on the person of any female of chaste character without her consent.
(Ord. 378, 1971)
10.15.030. - Obtaining money, property, etc., by false pretenses.
No person shall obtain money, property or other thing of value, including, but not
limited to, the use of coin vending devices or the use of any public utility service, by false
pretensesor representations, or use of any device or means by which the use of any such
machine or service is secured without paying or contracting to pay the established consideration
therefor or the consideration for the use thereof is charged to another person without the
authorization or subsequent consent of such person.
(Ord. 378, 1971)
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10.15.035. - Issuing checks on insufficient funds.
(a)No person shall make, draw, utter or deliver any check, draft or order for the payment
of money upon any bank or other depository, knowing at the time of such making, drawing,
uttering or delivering that the maker or drawer has not sufficient funds in, or credit with, such
bank or other depository for the payment of such check, draft or order in full, upon its
presentation, and without fully informing the payee of such check, draft or order, or the
person to whom it is delivered, at the time of the making, uttering, drawing or delivering such
check, draft or order has not sufficient funds in or credit with such bank or other depository
for the payment of such check, draft or order, in full, upon presentation; or, any person who
having such funds or credits at the time of making, drawing, uttering or delivering such
check, draft or order sufficient for payment of the same, has knowingly drawn, made, uttered
or delivered other checks, drafts or orders which, if presented in due course, would have
exhausted such funds or credits, or knowing at the time of the making, uttering, issuing or
delivery of such check, draft or order, that for other reasons such funds or credits would be
exhausted by the time such check, draft or order would be presented; or any person who shall
knowingly, after drawing, making, uttering or delivering such check, draft or order, by any
means, exhaust thefunds or credits upon which such check, draft or order is drawn before it
is presented for payment.
(b)As against the maker or drawer thereof, the making, drawing, uttering or delivering of
a check, draft or order, payment of which is refused by the drawee, shall be prima facie
evidence of knowledge of insufficient funds in or credit with such bank or depository;
provided, that such maker or drawer shall not have paid the drawee thereof the amount due
thereon, together with all cost and protest fees, within two days after receiving notice that
such check, draft or order has not been paid by the drawee.
(c)The word "credit" as used in this section shall be construed to mean an arrangement or
understanding with the bank or depository for the payment of suchcheck, draft or order.
(Ord. 378, 1971)
Chapter 10.20. - Offenses Against Public Morality and Decency
10.20.010. - General offenses.
No person shall do any of the following:
(1) Utter any profanity, indecent or improper language in a public place;
21
(2)Engage in window peeping;
(3)Engage in any indecent, immoral or obscene conduct in any street, alley or
public place;
(4)Make an immoral exhibition or exposure of his person;
(5)Accost another person and attempt to entice such other person into any
automobile, building, bushes, wooded area, secluded area or any remote public or
private place;
(6)Print, engrave, sell, offer for sale, give away, exhibit or publish or have in his
possession for any such purpose, any obscene, lewd, lascivious, indecent or immodest
book, pamphlet, paper, picture, cast statuary, image or representation' or other article
of an indecent or immoral nature, or any book, paper, print, circular or writing made
up principally of pictures or stories of immodest deeds, lust or crime, or exhibit any
such article within the view of any passerby.
(Ord. 378, 1971)
10.20.015. - Prostitution, lewdness, assignation, etc.
(a)Prostitution means the giving or receiving of the body for sexual intercourse for hire.
Lewdness means any indecent or obscene act. Assignation means the making of any
appointment or engagement for prostitution or lewdness or any act in furtherance of such
appointment or engagement.
(b) No person shall engage in prostitution, lewdness or assignation.
(c)No person shall solicit, induce, entice, invite, compel, force, require or procure another
to commit an act of lewdness, assignation or prostitution.
(d)No person shall maintain or operate any place, house, building, other structure or part
thereof or vehicle or trailer used for the purposes of lewdness, assignation or prostitution, or
let, lease or rent any such place, premises or conveyance or part thereof to another with
knowledge or reasonable cause to believe that the intention of the lessee is to use such place,
premises or conveyance for prostitution, lewdness or assignation.
(e)No person shall offer, or offer to secure, another for the purpose of prostitution, or for
any other lewd or indecent act.
(f)No person shall direct, take or transport, or offer or agree to take or transport, or aid or
assist in transporting another to any house, place, building, other structure, vehicle, trailer or
22
to any other person with knowledge or reasonable cause to believe that the purpose of such
directing, taking or transporting is prostitution, lewdness or assignation.
(g) No person shall knowingly accept, receive, levy or appropriate any money or other
thing of value without consideration from a prostitute or from the proceeds of any women
engaged in prostitution.
(h)No person shall attend or frequent, reside in, enter or remain in any house, place,
building or other structure, or enter or remain in any vehicle or trailer for the purpose of
prostitution, lewdness or assignation.
(i)No person shall attend or frequent, reside in, enter or remain in any place where
prostitution, lewdness or assignation is practiced, encouraged or allowed.
(j)In prosecutions under this section, common fame shall be competent evidence in
support of the complaint and testimony concerning the reputation of any place, structure, or
building and of the person or persons who reside in or frequent the same and of the defendant
shall be admissible in evidence in support of the charge.
(Ord. 378, 1971)
10.20.020. - Gambling.
(a)No person shall receive or accept any money or thing of value with the agreement or
understanding that any money or thing of value will be paid or delivered to any person where
such payment or delivery is or will be contingent upon the result of any race, contest, game,
mechanical device or upon the happening of any event not known by the parties to be certain.
The term "thing of value," as used in this section shall include everything having value
whether intrinsic or not. It shall not be a violation of this section to conduct raffles, bingo, ice
pools and related activities of a bona fide nonprofit nature under a valid and existing permit
issued pursuant to law by the department of revenue of the state. The burden of proving that
the act complained of falls within the exception noted in this paragraph shall be upon the
person charged.
(b)No person shall attend or frequent or invite another to attend or frequent any place
where gambling is permitted or any place operated or occupied as a common gambling house
or room.
23
(c)No person shall have in his possession any policy or pool tickets; any slips or checks
or memoranda of any combination or bet; any policy or pool books or sheets; or any policy
wheel, implement, apparatus or material of any form of gamblingor lottery.
(d)No person shall maintain a gambling or lottery room; policy wheel or gambling table
of any game of skill or chance, or partly of skill and partly of chance, used for gaming; or
permit the same on any premises occupied or controlled by him.
(e)Every person who maintains for use or permits the use of, on any place or premises
occupied by him, a coin-operated amusement or musical device, shall comply with all of the
laws of the state pertaining to the licensing thereof. Failure of every person who so maintains
for use, or permits the use of, on any place or premises occupied by him, to comply with the
licensing laws of the state relating to such devices shall be a violation of this section.
(f)No person shall permit gambling of any nature on any premises occupied or
controlled by him.
(g) All money or things of value confiscated as evidence under this section shall upon
conviction of, or upon forfeiture of bail of any person or persons so charged, become the
property of the city and the money shall forthwith be transmitted to the general fund of the
city.
(Ord. 378, 1971)
Chapter 10.25. - Offenses Against Public Justice
10.25.010. - General offenses.
No person shall do any of the following:
(1)Solicit a person for the purpose of committing anyillegal act;
(2)Engage in any illegal occupation or business;
(3)Attend or frequent any place in which an illegal business is permitted or
conducted.
(Ord. 378, 1971)
10.25.015. - Resisting arrests; aiding escapes from police custody; impersonation of police
officers.
No person shall do any of the following:
(1)Resist arrest by a police officer or assist a person in custody of a police officer
to escape;
24
(2)Impersonate a police officer or, without authority, attempt to exercise his
powers.
(Ord. 378, 1971)
10.25.020. - False crime reports.
It shall be unlawful for any person to register, make, render or report any false alarm,
report or complaint to the police department.
(Ord. 378, 1971)
10.25.025. - Escapes from jail.
No person, who has been confined to the city jail, or any city institution provided for
prisoners, shall escape from such jail or institution. It shall be unlawful for any person to aid or
abet or in any way contribute in any manner to the aid of any person to escape or attempt to
escape from such city jail or institution provided for prisoners.
(Ord. 378, 1971)
Chapter 10.30. - Drugs, Narcotics and Items Designed or Marked For Use With Controlled
Substances
10.30.010. - Definitions.
As used in this chapter, the following terms shall have the meanings as defined herein:
(1)Controlled substance. Means a narcotic drug as defined in AS 17.10.230(13) and
as supplemented by any regulations adopted under AS 17.10; and a depressant,
hallucinogenic, or stimulant drug as defined in AS 17.12.150 (3), and as supplemented by
any regulations adopted under AS 17.12
“controlled substances” as that term is
.
defined in AS 11.71.900 and any amendments thereto and subject to AS 17.38
(2)Items designed or marketed for use with controlled substances. Are those items,
objects or effects which are principally used with controlled substances by virtue of
features designed by the manufacturers and/or those items which are intentionally
displayed and marketed in a manner that appeals to or encourages illegal use of
controlled substances and includes but
except to the extent permitted under AS 17.38,
is not limited to:
a.Kits designed or marketed for use in planting, propagating, cultivating,
growing or harvesting of any species of plant which is a controlled substance or
from which a controlled substance can be derived;
25
b.Kits designed or marketed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances;
c.Isomerization devices designed or marketed for use in increasing the
potency of any species of plant which is a controlled substance;
d.Testing equipment designed or marketed for use in identifying or in
analyzing the strength, effectiveness or purity of controlled substances;
e.Scales and balances designed or marketed for use in weighing or
measuring controlled substances;
f.Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, designed or manufactured for use in cutting
controlled substances;
g. Separation gins and sifters designed or marketed for use in removing twigs
and seeds from, or in otherwise cleaning or refining marijuana;
h.Blenders, bowls, containers, spoons and mixing devices designed or
g.
marketed for use in compounding controlled substances;
i.Capsules, balloons, envelopes and other containers designed or marketed
h.
for use in packaging small quantities of controlled substances;
j.Containers and other items designedor marketed for use in storing or
i.
concealing controlled substances;
k.Hypodermic syringes, needles and other items designed or marketed for
j.
use in parenterally injecting controlled substances into the human body;
l.Items designed or marketed foruse in ingesting, inhaling, or otherwise
k.
introducing marijuana,cocaine, hashish, or hashish oilinto the human body, such
as:
1.Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with
or without screens, permanent screens, hashish heads, or punctured metal
bowls;
2.Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
26
5.Roach clips: meaning items used to hold burning material such as a
marijuana cigarette that has become too small or too short to be held in the
hand;
6.cocaine spoons and cocaine vials;
Mminiature.
7. Chamber pipes;
8. Carburetor pipes;
9.Electric pipes;
10.Air-driven pipes;
11.Chillums;
12.Bongs;
13.Ice pipes or chillers.
(3)In determining whether an item is designed or marketed for use with controlled
substances, a court or other authority should consider, in addition to all other logically
relevant factors, the following:
a.Statements by a licensee under this chapter or by anyone in control of the
item concerning its use;
b.Prior convictions, if any, of a licensee under or of anyone in control of the
item under any state or federal law relating to any controlledsubstance;
c.The proximity of the object in time and space to a direct violation of AS
17.10 or AS 17.12;
d. The proximity of the object to controlled substances;
e. The existence of any residue of controlled substances on the object;
f.Direct or circumstantial evidence of the intent of a licensee under this
chapter or of anyone in control of the item to deliver it to persons whom he knows
or should reasonably know, intend to use the item to facilitate a violation of AS
17.10 or AS 17.12 ; the innocence of an
except as permitted under AS 17.38
owner, or of anyone in control of the item as to a direct violation of AS 17.10 or
AS 17.12 shall not prevent a finding that
except as permitted under AS 17.38
the item designed or marketed for use with controlled substances;
g. Instructions, oral or written, provided with the item concerning its use;
27
h.Descriptive materials accompanying the item which explain or depict its
use;
i. National and local advertising concerning its use;
j. The manner in which the item is displayed for sale;
k.Whether the licensee under this chapter, or anyone in control of the item,
is a legitimate supplier of like or related items to the community such as a
licensed distributor or dealer of tobacco products;
l.Direct or circumstantial evidence of the ratio of sales of the item(s) to the
total sales of the business enterprise;
m.The existence and scope of legitimate uses for the item in the community;
n.Expert testimony concerning its use.
10.30.015. - Possession and use of narcotics.
(a)The term "narcotics" as used in this section shall mean any drug which is defined and
enumerated under§ 40-3-1(14), ACLA 1949, as amended; Title21 USCA § 502, as
8
amended; and Title26 USCA § 4731, as amended; including any presidential proclamations
therein.
(b)No person shall have possession of, use or be addicted to the use of narcotics or be under
the influence of narcotics, except when such narcotics are or
as permitted under state law or
have been prescribed or administered by or under the direction of a person licensed by the United
States or the state to prescribe and administer narcotics.
(c) It shall be a defense when any person is charged with possession of narcotics to show that
he is a member of a class licensed by the United States or the state to buy, sell, prescribe and
administer narcotics. Such licensed class may include but is not necessarily limited to physicians,
pharmacists, dentists, veterinarians, drug manufacturers and drug suppliers.
10.30.020. - Possession and use of dangerous drugs.
(a)The term "dangerous drug" as used in this section shall mean any veronal, barbital (acid
diethylbarbituric or other barbituric acid derivative of their salts), or derivatives, or compounds
or preparations containing the foregoing; and acetylurea derivatives, chloral, paraldehyde,
sulfonmethane derivatives or compounds, preparations or mixtures containing any of the
foregoing. Any amphetamine, desoxyephedrine (methamphetamine), mephenteramine, pipradol,
phenmetrazine methylphenidate or any salt mixture or optical isomer thereof, if the drug, salt
28
mixture or optical isomer has a stimulating effect on the central nervous system, shall be
classified a dangerous drug within the intent of this section
except as permitted under state
.
law
(b) No person shall have possession of, use or be addicted to the use of any dangerous drug
or be under the influence of any dangerous drug
,
except as permitted under state law
except when such dangerous drug is or has been prescribed or administered by or under the
and
direction of a person licensed by the United States or the state to prescribe and administer
dangerous drugs.
(c) It shall be a defense when any person is charged with possession of any dangerous drug
to show that he
or she is permitted to possess the dangerous drug under state law and/or
is a member of a class licensed by the United States or the state to buy, sell,
that he or she
prescribe and administer dangerous drugs. Such licensed class may include but is not necessarily
limited to physicians, pharmacists, dentist, veterinarians, drug manufacturers and drug suppliers.
(d) It shall be a defense when any person is charged with possession of any dangerous drug
to show that the dangerous drug was mixed with a sufficient quantity of another drug or drugs to
cause the compound or mixture to create other than an hypnotic or somnifacient effect on the
person; or to create other than a stimulating effect on the central nervous system. No prosecution
for possession of dangerous drugs shall be commenced against any person who has any
compound or mixture of a dangerous drug which is intended for use as a spray or gargle or
liniment, for external application, if such compound or mixture contains some otherdrug or
drugs rendering it unfit for internal use and the compound or mixture was purchased in good
faith to be used for legitimate medical purposes and not for the purpose of evading the provisions
and intent of subsection (b) of this section.
10.30.025. - License required.
It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell
any item which is designed or marketed for use with controlled substances unless
otherwise
such person shall have a license for such sale issued by the
permitted in this code or unless
clerk of the City of Seward in accordance with this chapter. Such licenses shall be in addition to
any or all other licenses held by applicant.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
29
th
ENACTED by the City Council of the City of Seward, Alaska, this 10day of October,
2016.
THE CITY OF SEWARD, ALASKA
________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Brenda J. Ballou, CMC
Acting City Clerk
(City Seal)
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Sponsored by: Hunt
Postponed: October 10, 2016
CITY OF SEWARD, ALASKA
RESOLUTION 2016-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REMOVAL OFTHE 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, Administrationalong 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
10day ofOctober, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
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35
Seward Small Boat Harbor
Plan
December 8, 2014
Prepared by
The Port and Commerce Advisory Board
of
The City of Seward, Alaska
36
Seward SmallBoat 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 Small 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 adopta more all-inclusive view incorporating those
elements as well.
37
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 Small 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
4.9TraveLift® 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
4.14FishCleaning 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
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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 2014-091
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1.0 Introduction
1.1 General
The Seward SmallBoat 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 on an 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.
3
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4
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1.2PlanApproach
This plan updates and revises the Seward SmallBoat 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.
5
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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
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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 smallboat 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.
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2.8 Land Use and Ownership
In addition to the City owned land surrounding the small 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 Small 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 future provision 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 the west
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.
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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
were remodeled 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
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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
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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 2003SmallBoat 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%.
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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 per passenger 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
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Tourism, recreation and commercial fishing provide substantial support to the community
through the smallboat 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:
Charter boat vessels moored in Seward Harbor
There are 124charter boatspaying 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 from 60 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 do not 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 6004 that 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 owns land north of the SmallBoat 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 facilityand
solidifythe City’s possession of the easterly breakwater.
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Boat Storageand Boat Work Yards-There are several privately ownedyards at the north
end of the SmallBoat 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 are additional 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 near the
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 smallboat
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.
Leased Properties – All harbor leases, upon renewal or change of lease, should be
considered by administration for easement and rights of way access.
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
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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
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
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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
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
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40 34.0
32 30.0
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 this case,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 proposed that 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 fuel dock was attached. The result was re-
named R float.Neither X-Float nor R-Float offer shore power for moored vessels.
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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
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 replacedduring 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
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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
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 distributioncables
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 will not 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 boardingfloat. 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 lands. 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, along with 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 TraveLiftwould 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 and the 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 SmallBoat 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 TraveLift in 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 for the 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 SmallBoat 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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65
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66
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APPENDIX B
Commercial Fishing Vessels Home-ported in Seward
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APPENDIX C
Resolution 2014-091of the City of Seward
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN THE
AUTOMATICAID AGREEMENTAND OPERATIONAL PLANBETWEEN
THE CITY OF SEWARD FIRE DEPARTMENTAND THE BEAR CREEK
FIRE AND EMERGENCY SERVICES AREA
WHEREAS,automaticaid agreements are a form of mutual aid agreements and their
operational plans provide for automatic requests for additionalresources to residents of the Seward
area in the form of emergency response personnel when required;and
WHEREAS,Alaska Statute 18.70.150 provides that: “A city, other incorporated entity, and
other fire protection groups may organize a mutual-aid program by adopting an ordinance or
resolution authorizing and permitting their fire department, fire company, emergency relief squad,
fire police squad, or fire patrol to go to the aid of another city, incorporated entity, or fire protection
group, or territory outside of it,”; and
WHEREAS, Resolution 1989-080, adopted on July 10, 1989,provided for a mutual aid
agreement and operations plan between the Seward Fire Department (SFD) and the Bear Creek Fire
and Emergency Medical Service Area (BCFEMSA); and
WHEREAS, noautomaticaid agreement and operational planhasbeen formalized and this
process will update and clarifythe terms of automaticaid between SFD and BCFEMSA; and
WHEREAS, this automatic aid agreement is for the provision of fire apparatus and
personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. An automaticaid agreement between SFD and BCFEMSA servesthe best
interests of both areas and is hereby approved.The City Manager is authorized to execute an
automaticaid agreement in substantially the form of the attached agreement.
Section 2. The operational plan in substantially the form of the attached heretois hereby
approved and the City Manager and Fire Chiefare hereby authorized to approve amendments to the
operational plan without further review by the Council so long as any such amendments do not
conflict with the automaticaid agreement.
Section 3.This resolution shall take effect immediately upon approval.
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AGREEMENT FOR EXCHANGE OF AUTOMATIC AID
This agreement, hereinafter referred to as the Automatic Aid Agreement, dated
for referencepurposes on this __ day of____________, 2016, is made by and
between Bear CreekFire &EmergencyService Area (BCFESA) and City of SewardFire
Department (SFD).
1.
Response to Automatic Aid Requests.
a.Both parties to this agreement provide fire protection services within their
jurisdictions.
b.In return for the services to be provided by BCFESA, SFDagrees to
provide a designated fire response, as determined by the Fire Chiefs of
BCFESAand SFD.
c.In return for the services to be provided by SFD, BCFESAagrees to
provide a designated fire response, as determined by the Fire Chiefs of
BCFESAand SFD.
2.Emergencies – Information Provided.
Upon receipt of an alarm through a9-1-1 Call Centerwithin the automatic aid
response areaof either service area, BCFESA or SFDwillautomatically
dispatch its nearest available and appropriate designated fire response to that
alarm.The automatic aid response areas aredetermined by the Fire Chiefs of
BCFESAand SFDand set forth in the Annual Operational Plan.
3.Jurisdiction.
“Jurisdiction" is defined to be that political and geographical boundary
designating the respective service areas that are party to this agreement.
4.Authorityto Establish the Automatic Aid Agreement.
a.Alaska State Statutes, AS 18.70.150 states that “\[a\] city, other incorporated
entity, and other fire protection groups may organize a mutual-aid
program …"
b.Automatic Aid is automatic mutual aid.
5.Command Authority.
a.When the aiding department arrives before the jurisdictional department,
the aiding department will take the necessary action dictated by the
situation.
b.Upon arrival of the jurisdictional department, the operational
responsibility for the situation will be immediately assumed by the
jurisdictionaldepartment.
c.The aiding department personnel will be under the direction of the officer
in charge of the jurisdictional department.
d.The aiding department will be released from the scene as soon as practical
by the officer in charge of the jurisdictional department.
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6.Withdrawal of Resources or Assignment Turndown.
a.If, after arrival at the emergency scene or staging area with the resources
as identified in the annual operational plan, it becomes necessary to
withdraw a portion or all of such resourcesin order to address an
emergency situation in the jurisdiction served by the aidingdepartment,
such withdrawal may beinitiated at the sole discretion of the officer in
charge of the aidingdepartment.
b.Such withdrawal may also be made at the sole discretion of the officer in
charge of the aidingdepartment if they determine that the aiding
department's resources are being subjected to unnecessary or
unreasonable danger.
c.In either case, the officer in charge shall coordinate the withdrawal with
the jurisdictionaldepartment's officer in charge in a manner that avoids
endangering personnel of either department.
d.It is mutually understood and agreed that this agreement does not relieve
either party from the necessity and obligation of using its own resources to
providefire protection within any part of its own jurisdiction.
e.In the event a jurisdictional department ever fails to respond to an alarm
within its jurisdiction to which an aiding department has responded, at the
sole discretion of the aiding department,this agreement may be
terminated by the aiding department immediately, or within a reasonable
time thereafter.
f.It is further agreed that that either party may terminate the agreement at
any time by giving written notice to the other party at least thirty (30) days
prior to the date of termination.
7.Responsibility for Costs & Liability.
a.Each party desiresto provide to the other a reasonable, professional and
reciprocal exchangeof fire response services on a day to day basis at no
additional cost.
b.Each party shall bear its own costs for responding to an automatic aid
request.
c.Eachresponding agency shall be responsible for its own liabilities incurred
traveling to the scene, at the scene and returning to the station of origin.
d.In rendering emergency services, each agency will bear the responsibility
for its own acts and any liability incurred by such acts.
8.Annual Operating Plan.
a.It is in the best interests of the citizens ofBCFESAand SFDto be provided
the most expeditious and professional response to suppress fires. The
details as to amounts and type of assistance to be dispatched, response
areas, methods of dispatching, communications, training programs and
procedures, methods of requesting aid, and the names or ranks of persons
authorized to send and receive such requests, lists of personnel and
resources which will be utilized, shall be developed by the Fire Chiefs of
BCFESA and SFD.
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b.Such details shall be recorded in an Operational Plan by Fire Chiefs of
BCFESA and SFD.
c.The Operational Plan shall be approved and signed by the agencies and the
Borough Mayor, dated and attached hereto.
9.Mutual Aid Agreement Not Affected.
a.It is mutuallyunderstood that this agreement will in no way affect or have
any bearing on existing area mutual aid agreements.
APPROVED:
BEAR CREEK FIRE & EMERGENCYCITY OF SEWARD FD
SERVICE AREA
By:By:
Connie Bacon, ChiefEdwardAthey, Chief
Date: Date:
BEAR CREEKFIRE &EMERGENCY SERVICE AREA BOARD
By:
Chairman
Date:
CITY OF SEWARDAPPROVED as to form and legal
Sufficiency
By:By:
City Manager Seward CityAttorney
Date:Date:
KENAI PENINSULA BOROUGH APPROVED as to form and legal
Sufficiency
By: By:
Mayor Borough Attorney
Date: Date:
76
ATTEST:
By: By: ______________________
Borough ClerkCity Clerk
Date: Date: _______________________
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Plan
“Exhibit A”
OPERATIONAL PLAN
ATTACHMENT TO AUTOMATIC AID AGREEMENT
BEAR CREEKFIRE & EMERGENCY SERVICE AREA and
CITY OF SEWARD FIRE DEPARTMENT
This Operational Plan of the Kenai Peninsula Borough (KPB) between Bear CreekFire &
Emergency Service Area (BCFESA) and City of Seward Fire Department (SFD) is for
automatic aid response of fire apparatus and personnel.
The purpose of this Plan is to outline the proceduresfor carrying out an automatic aid
responsebetween BCFESAand SFD. This Plan is a guide for day-to-day operations, and
may be revised, amended or altered annually by mutual consent of BCFESAand SFD,
with approval by the Borough and City Mayors, for the purposeof carrying out the
original intent of the Automatic Aid Agreement. In addition, this Plan may be cancelled
by the Borough or City on behalf of either entity after a 30-day notice has been given to
the other party involved in the Automatic Aid Agreement.
I.AUTOMATIC AID RESPONSE AREAS and AMOUNT AND TYPE OF
ASSISTANCE
a.BCFESAwill automatically respond to a SFD alarm for any structural or boat
fire within the City Limits(map attached), and will provide a tanker/pumper
and fourpersonnel on a first alarm response. Unless re-directed by the On-
Scene Incident Commander (OIC), the response will be to the fire scene.If the
tanker/pumper responding can only safely carry two personnel, the additional
responders will accompany the tanker/pumper in a utility vehicle or other
vehicle suitable for emergency response.
b.SFDwill automatically respondfor any structural or boat fire within the
BCFSAboundaries (map attached), and will provide a tanker/pumper and
fourpersonnel on a first alarm response. Unless re-directed by the On-Scene
Incident Commander (OIC), the response will be to the fire scene.If the
tanker/pumper responding can only safely carry two personnel, the additional
responders will accompany the tanker/pumper in a utility vehicle or other
vehicle suitable for emergency response.
c.Cancellation may occur in small, uncomplicated incidentsthat may be false
alarms, out on arrival, out immediately after arrival, etc.
II.TRAINING
Joint training exercises shall be carried out annually under the direction of the
Chief or the Chief’s Operations or Training Officers in each department.
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Plan
Classroom instruction should be available upon request by each department, and
should include ICS and unified command exercises.
III.COMMUNICATIONS
a.RADIO – Dispatch shall announce by radio that an Automatic Aid is needed.
This will occur without direction by either department for fire incidents. The
responding agency, after notifying dispatch that they are en route, will switch
to the requesting agency’s dispatch channel and advise the OIC they are en
route.
b.The responding agency will communicate with the OIC unless advised
otherwise.
c.Radio traffic will be kept to a minimum.
d.Clear text will be used at all times.
IV.FIRE INCIDENT REPORTING
Each agency shall be responsible for reporting the incident in accordance with
their department, Boroughor Citypolicy and procedures.
V.REVISIONS
The OperationalPlan shall be cooperatively developed, reviewed annually and
become part of the Automatic Aid Agreement upon consent of the agencies and
execution by the Borough Mayor and City Mayor.
APPROVED:
BEAR CREEKFIRE &EMERGENCYSEWARD FD
SERVICE AREA
By:By:
Connie Bacon, Chief EdwardAthey, Chief
Date: Date:
BEAR CREEK FIRE &EMERGENCY SERVICE AREA BOARD
By:
Chairman
Date:
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Plan
CITY OF SEWARDAPPROVED as to form and legal
Sufficiency
By: By:
City Manager Seward CityAttorney
Date: Date:
KENAI PENINSULA BOROUGH APPROVED as to form and legal
Sufficiency
By: By:
Mayor Borough Attorney
Date: Date:
ATTEST:
By:By: ______________________
Borough Clerk City Clerk
Date:_________________________Date:________________________
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN THE MUTUAL
AID AGREEMENTAND OPERATIONAL PLANBETWEEN THE CITY OF
SEWARD FIRE DEPARTMENT AND THE BEAR CREEK FIRE AND
EMERGENCY SERVICES AREA
WHEREAS,mutual aid agreements and their operational plans provide for additional
resources to residents of the Seward area in the form of fire and personnel when required;and
WHEREAS,Alaska Statute 18.70.150 provides that: “A city, other incorporated entity, and
other fire protection groups may organize a mutual-aid program by adopting an ordinance or
resolution authorizing and permitting their fire department, fire company, emergency relief squad,
fire police squad, or fire patrol to go to the aid of another city, incorporated entity, or fire protection
group, or territory outside of it,”; and
WHEREAS, Resolution 1989-080, adopted on July 10, 1989,provided for a mutual aid
agreement and operations plan between the Seward Fire Department (SFD) and the Bear Creek Fire
and Emergency Medical Service Area (BCFEMSA); and
WHEREAS, this mutual aid agreement and operational plan, which will replace the mutual
aid agreement and operations plan adopted in resolution 1989-080, updates and clarifies the terms of
mutual aid between SFD and BCFEMSA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1.A mutual aid agreement between SFD and BCFEMSA is in the best interest of the
service areas and is hereby approved.The City Manager is authorized to execute a mutual aid
agreement in substantially the form of the attached agreement.
Section 2. An operational plan in substantially the form of the attached plan is hereby
approved and the Fire Chief ishereby authorized to approve amendments to the operational plan
with the City Manager’sapproval without further review by Council so long as any such
amendments do not conflict with the mutual aid agreement.
Section 3. This resolution shall take effect immediately upon approval.
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MUTUAL AID AGREEMENTBETWEEN
BEAR CREEK FIRE & EMERGENCY SERVICE AREA and
CITY OF SEWARD FIRE DEPARTMENT
Thisagreementis made and entered into this_____day of______, 2016, by and
between the Bear Creek Fire & Emergency Service Area (BCFESA) and the Seward Fire
Department (SFD) for theprovision of fire and emergency services as follows:
1.Mutual Aid Requests.
a.Aid may be requested by either service area in the form of personnel,
equipment, facilities or materials for the purpose of assisting in fighting fires
or responding to other emergency incidents.
b.Requests for aid may include direct response to the incident(s), cover
assignments, or any other form of assistance needed.
c.Requests for aid shall include as much detail as circumstance and time allow.
2.Response to Mutual Aid Request.
a.The senior officer on duty at the requested service area shall determine
whether to respond in whole, in part, or to deny the request based on a
determination of what level of response can be provided without
unreasonablylimiting the requested service area's ability to meet its
responsibility within its own jurisdictional area.
b.The senior officer at the requested service area shall promptly notify the
requesting service area of the level of response, if any, the requested service
area will provide.
c.Service areas that cannot meet a request should document in writing why the
request could not be met.
3.Emergencies - Information Provided.
a.Upon dispatch by the requested service area, the requesting service area shall
at a minimum:
i.Give concise directions as to the location of the emergency and/or to
the location at which the requested service area's equipment/personnel
will be staged;
ii.Describe the type of emergency, and provide a description of the
planned utilization of the requested service area's resources; and
iii.Provide communications channels for command functions as well as
any tactical channels.
4.Command Authority.
a.Upon arrival of the requested service area's resources at theincident scene,
staging area or cover assignment location, all personnel, equipment, and
materials shall remain under the command of the requested service area's
senior responding personnel.
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b.The requested service area's senior responding personnel shall report to and
operate under the direction ofthe requesting jurisdictional service area's
Incident Command ("IC").
c.In no case shall any equipment be loaned for use to personnel who have not
been trained in its use.
5.Responsibility for Costs & Liability.
a.Each service area shall bear its own costs for responding to requests for aid
under this Agreement.
b.Each responding service area shall be responsible for damages caused by its
personnel's negligence while traveling to the scene, at the scene andreturning
to the station of origin.
c.In rendering emergency services, each service area will bear the responsibility
to other parties for actions of its own personnel, and any liability incurred as a
result of such acts.
d.Nothing in this provision shall preclude individuals from being held
personally liable for damage caused by their own intentional misconduct.
6.Mutual Aid Withdrawal or Assignment Turn-Down - Circumstances.
a.After arrival at the incident, staging area or location of cover assignment, if it
becomes necessary to withdraw a portion or all of suchrequested personnel,
equipment or materials in order to meet an emergency situation in the
jurisdictional area served by the requested service area, such withdrawal may
be initiated at the sole discretion of the requested service area's senior
personnel at the scene.
b.Turn down of an assignment may be made at the scene of an incident at the
sole discretion of the requested service area's senior personnel, if she/he
determines that the requested personnel, equipment, or materials are being
exposed to unnecessary or unreasonable danger, or if the requested service
area's personnel do not have the training or resources to accomplish the
requested assignment.
c.The requested service area's senior personnel shall coordinate a withdrawal or
assignment turn down with the requesting service area's IC in amanner that
best mitigates consequences of a withdrawal or turn down of assignment to
avoid endangering personnel and property of either service area.
7.Withdrawal from Agreement.
a.This Agreement shall continue until either service area gives thirty (30) days’
notice of its withdrawal, in writing, to the other service area.
8.Training.
a.Joint training exercises shall be carried out at least annually under the
direction of the Chiefor Training Officers in each service area.
9.Annual Operating Plan.
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a.Annual operating plans shall be cooperatively developed by the service areas
and become part of this Agreement upon execution by the Chiefs and Borough
Mayor.
b.The Annual Operating Plan in effect at the time of executionof this
Agreement is attached hereto and incorporated herein by reference as
“Exhibit A”.
APPROVED:
BEAR CREEK FIRE & EMERGENCY CITY OF SEWARD FD
SERVICE AREA
By:By:
Connie Bacon, ChiefEdwardAthey, Chief
Date: Date:
BEAR CREEK FIRE & EMERGENCY SERVICE AREA BOARD
By:
Chairman
Date:
CITY OF SEWARD, ALASKA
By:
City Manager
Date:
KENAI PENINSULA BOROUGH APPROVED AS TO FORM
By:By:
Mayor Borough Attorney
Date: Date:
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ATTEST:
By:By: _______________________
Borough ClerkCity Clerk
Date:_________________________Date:________________________
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BCFESASFD
OPERATIONAL PLAN (Exhibit A)
MUTUAL AID AGREEMENT
THE BEAR CREEK FIRE & EMERGENCY SERVICE AREA (BCFESA) and the
SEWARD FIRE DEPARTMENT (SFD)
This Operational Plan of the Kenai Peninsula Borough (KPB) between the Bear Creek
Fire & Emergency Service Area (BCFESA) and the Seward Fire Department (SFD)is for
mutual aid response, the exchange of emergency services equipment and personnel.
The purpose of this Plan is to outline the procedures for carrying out a mutual aid
response between BCFESAand SFD.This Plan is a guide for day-to-day operations, and
may be revised, amended or altered annually by mutual consent of BCFESAand SFD,
with approval by the KPB and City Mayors, for the purpose of carrying out the original
intent of the mutual aid agreement. In addition, this Plan may be cancelled by either
partyafter a 30-day notice has been given to the other party involved in the Agreement.
I.AMOUNT AND TYPE OF ASSISTANCE
a.For fire responses BCFESAwill provide a tanker/engine company with a
minimum crew of four for response to an incident scene, or as requested by
the SFDOn-Scene Incident Commander (OIC). The SFDOIC retains the
option to direct the responding agency to any other location as needed within
the SFD.
b.For fire responses SFDwill provide a tanker/engine company with a
minimum crew of four for response to an incident scene, or as requested by
the BCFESAOn-Scene Incident Commander (OIC). The BCFESAOIC retains
the option to direct the responding agency to any other location as needed
within the BCFESA.
c.Upon dispatch, the responding agency will respond to the location provided
by requesting agency’s OIC unless directed to respond to a different location.
d.Cancellation may occur per the requesting agency OIC as with small,
uncomplicated incidents that may be false alarms, out on arrival, out
immediately after arrival, no injuries, etc.
II.TRAINING
Joint training exercises shall be carried out annually under the direction of the
Chief or theChief’s Operations or Training Officers in each department.
Classroom instruction should be available upon request by each department, and
should include ICS and unified command exercises.
III.COMMUNICATIONS
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BCFESASFD
a.RADIO – Dispatch will tone out the Mutual Aid request as instructed by the
requesting agency OIC. Mutual Aid will occur as directed by either
department for any incident it may be needed. The responding agency, after
notifying dispatch that they are en route, will switch to the requesting
agency’s dispatch channel and advise the OIC they are en route.
b.The responding agency will communicate with the OIC unless advised
otherwise.
c.Radio traffic will be kept to a minimum.
d.Clear text will be used at all times.
IV.INCIDENT REPORTING
Each agency shall be responsible for reporting the incident in accordance with
their department and Borough policy and procedures.
V.REVISIONS
The Annual Operations Plan shall be cooperatively developed, reviewed annually
and become part of the Mutual Aid Agreement upon consent of the agencies and
execution by the Borough Mayor.
BEAR CREEK FIRE AND EMERGENCY SEWARD FIRE DEPARTMENT
SERVICE AREA
By:By:
Connie Bacon, ChiefEdwardAthey, Chief
Date: Date:
BEAR CREEK FIRE & EMERGENCYCITY OF SEWARD
SERVICE AREA BOARD
By:By:
Chair City Manager
Date: Date:
2
88
BCFESASFD
KENAI PENINSULA BOROUGHAPPROVED as to Form and Legal Sufficiency
By:By: ____________________________
Mayor Assistant Borough Attorney
Date:
ATTEST:
By:By:
Borough Clerk CityClerk
3
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CALL TO ORDER
The September 12, 2016 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Lt. Doreen Valadezled the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda
Dave Squires Dale Butts
Sue McClure Deborah Altermatt
comprising a quorum of the Council; and
Ron Long, Assistant City Manager
Brenda Ballou,Acting City Clerk
Will Earnhart, City Attorney
Carol Kvasnikoff, Temporary Deputy City Clerk
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Luther Freemanwanted to know what the status of the AVTECgym was and how much
longer itwould be before a result was seen. He wanted to know when the public would be asked for
input, and if the gym would be re-opened to the public or not.
Tom Reimeralso asked about the status of the AVTECgym.He raised his kids in Seward
and they used the gym as afamily as thechildrengrew up. There had been programsheld there that
his family had attended. He wanted to know if there would be aplan to re-open it for sure, and who
was responsiblefor making it happen. He wanted to know when the answers would be made public.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Butts removed the Kenai Peninsula Economic Development District (KPEDD) Reportfrom the
agenda.
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Bardarson added an item under Other New Business to schedule a Special Meeting.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the August 22, 2016 Special Meeting and August 22, 2016 Regular City Council
Meeting Minutes.
Appoint Mark Kansteiner, Patty Linville, Sue Faust, Gary Seese, and Jodi Nelson to the
Election Board for the October 4, 2016 Municipal Election.
Appoint Dorothy Osenga, Susie Urbach, Jennifer Carr, and Kristi Larson to the Canvass
Board for the October 4, 2016 Municipal Election.
SPECIALORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards – None
City ManagerReport. Assistant City Manager Ron Longreported there had been no
purchase orders between $10,000 and $50,000 since the last council meeting.Seward had received
over 4 inchesof rain, and the airport runway had been closed this morning for a few hours. Long said
he had had further discussions with AVTEC about the gym and there would beroom to find an
agreement between Dan Repaskeyat AVTEC and the city. Long said it was important to get as many
programs as possible reinstated under one roof and withinthe current budget. Longextended an
invitation for the public to attend the open housefor the Comprehensive Planon September 14,
2016.In response to McClure, Long confirmed that the Open House was set up to allow people to
come and go, and they did not have to stay for the entire three hours to provide their input.
Casagranda asked for clarification about therecent $12,000 contract with the bond attorney
forthe harbor bond refunding that had come before council at the last meeting; she didn’t recall that
ithad beenreported. Bardarsonsaid administration had realized the oversight and hadapologized to
her for not including it in the August 22, 2016City Manager Report. Regarding the Seward Marine
Industrial Center (SMIC) report, Long said weekly reporting may seem excessive, but itwas a
helpful tool for the group to keep the project on track. Casagranda asked thatcurrent 2016-2017
budget information to be addedtothe city website.
McCluresaid Peninsula Paving would be in town to work onOld Exit Glacier Road, and
suggested that potholes inside the city could be addressed by consulting with them. Long confirmed
that potholes would be getting repaired with hot asphalt.Keil noticed that Lowell Point Road had
been fixed upand Long said they had staged materials nearbyto keep itfixed up.Altermatt
appreciated the Parking Department for their report included in tonight’s City Manager Report.
Butts asked for an update on the City Hall asbestos abatement and carpet replacement project.
Long said public and employee entrances to the building would shift according to the contractor’s
needs. Utilities would be handled temporarily fromcouncil chambers; the project was proceeding on
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schedule.
Casagranda recalled that November, 2015 had been the last update from the Friends of the
JesseLee Home, and requested to have a newupdate. Long said council would have a report at the
next meeting.Squires requestedto havean update on the Air Force RecreationCampby the October
council meeting.
Other Reports, Announcements and Presentations – None
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
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).
Motion (Keil/Casagranda) Enact Ordinance 2016-006
Long said this was necessary in order to remain compliant with federal regulations.
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.
Motion Passed Unanimous
UNFINISHED BUSINESS – None
NEW BUSINESS
Ordinances For Introduction
, Approving The Removal Of The Word Small From The Phrases Seward
Ordinance 2016-007
Small Boat Harbor Or Small Boat Harbor Within The Seward City Code Title 7 Chapter 7.10.
Harbor And Port Facilities.
Motion (Keil/Casagranda) Introduce Ordinance 2016-007
Harbormaster Norm Regissaid the harbor has expanded and can now easily accommodate
larger vessels, so using the term “small” could bepotentially misleading to boat owners. At a recent
boat show out of state, Regishad heard fromsome people that they believed the harbor could not
accommodatelarger vessels.
Motion Passed Unanimous
Resolution 2016-055, Approving The Removal Of The Word Small From The Phrases Seward
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Small Boat Harbor Or Small Boat Harbor Within The Seward Small Boat Harbor Plan.
Motion (Keil/Casagranda) Approve Resolution 2016-055
Regis said this change would be consistent with the ordinancethat was just introduced. The
harbor wanted to entice larger vesselsto come to Seward.
Motion to Postpone (McClure/Casagranda) Postpone Resolution 2016-055 to the
September 26, 2016 meeting.
McCluresaid she had other questions related to this resolution that she wanted to research.
Motion to Amend (McClure/Casagranda) Amend the postponement date for Resolution
2016-055 to the October 10, 2016 meeting.
Motion to Postpone Approved Unanimous
Resolution 2016-056, To Accept $1,479,060 From United States Department Of Agriculture,
Natural Resources Conservation Service ThroughThe 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.
Motion (Keil/Casagranda) Approve Resolution 2016-056
Long said thisopportunity to obtain federal funds for this was very fortunate for the city, and
he credited lobbying efforts for positioning Seward to receive these funds.
Electric Utility Manager John Foutzsaid this was a critical project because if the
transmission line was not repaired in a timely manner it would be lost to the shifting riverbedandthe
city would lose power for an extended period of time and would potentially not be able to recover
from a cost standpoint. Foutz said he approached Hamilton for this project because they were already
staged in the area working on the breakwater project, had experience in this type of work, and
because the city needed an estimate to include in the grant application. Becausethe riverbed had
already shifted since the initial estimate was performed, there was a 10% contingency included to
cover any additional rock necessary. Long added that Hamilton was also currently working in the
city’s gravel pit and would be able to produce more rock as necessary.
Foutz said as of last Friday there was not a signed grant yet, but the resolution was written
suchthat the city was not financially committed to spend the money until the grant was received. In
response to Bardarson, Foutz said the grant funds would not cover any costs that had already been
spent. Foutz said the funds that had been spent to date had previously been appropriated through city
council in other recent resolutions.
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Squires asked for a clarification in Hamilton’scontractas to what Alaska DOT Size 3 rip rap
referred to. Long said that itwas a standard reference to a rock size classification and did not mean
that the Alaska Department of Transportation was supplying any rock for this project. 2,169,288 is
the total amount –the contingency is not included in the resolution. In the title of the Resolution…
Primary Motion to Amend (Squires/Casagranda) Amend Resolution 2016-056 by adding the
words, “and to assign a contract to
\[Hamilton Construction\]” inthe title.
Earnhart concurred with the proposed amendment.
Secondary Motion to Amend (Casagranda/Keil)Amend Resolution 2016-056 by adding the
words, “Electric” before “Major Repair
And Replacement Fund” in the title.
Secondary Motion to Amend Passed Unanimous
Primary Motion to Amend Passed Unanimous
In response to Casagranda, Foutz confirmed the project would be completed by the end of
this year so as not to allow the grant funds to expire.
In response to Butts, Foutz said the construction would take approximately 2-4 weeks, and
this would be considered Phase 1. This first phase was intended to hold up the ice dam for twoyears.
There was anAlaska Department of Transportation (ADOT)road project scheduled in this area for
2018.In response to Butts, Foutz said future funding for potential Phase 2 work was currently
undetermined at this time, and this particular grant was a one-time fund; other grants may be
available in the future.
Main Motion Passed Unanimous
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 BallotMeasure Addressing The Issuance Of $3 Million General Obligation
Bonds To Plan, Design And Construct Road Improvements.
Motion (Keil/Casagranda) Approve Resolution 2016-057
Long said the city code, as well as state statute,said this passing this resolution wasa
requirement in order to provide education about this ballot proposition. In response to Bardarson,
Long said these funds would come out of the general fund.
Motion Passed Unanimous
Other New Business Items
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September 12, 2016 Volume 40, Page
Schedule a Special Meeting.Council scheduled a Special Meeting for the purpose of going into
Executive Session to discuss matters pertaining to threatened or pending litigation, and to discuss the
propriety of the public production of certain documents, and give direction to the city attorney in
regards to the confidentiality of evaluations of officers and other documentson Friday, September
16, 2016 at 3:00 p.m.
INFORMATIONAL ITEMS AND REPORTS
Invitation to Public Open House to provide input on Seward’s Comprehensive Plan.
COUNCIL COMMENTS
Altermatt attended the Port And Commerce Advisory Board (PACAB) meeting last week,
andnoted itwas interesting to attendas a citizenand not a board member. There was a large crowd
in attendance to address a letter written by a recreational boater towards the charter fishing
businesses that operated from the harbor. She thought itbrought out the need for the harbor to
prepare better for multi-uses, with no preferential treatment given to one type of boater over another.
There was a need to have better co-habitation in the harbor, and better signage about noise and no
wake zones. She said October 5, 2016 would be the next PACABmeeting.
Butts said since June there had been aloss of six hours of daylight. He thanked the election
board and canvass board members for their service on the election and canvass boards.
Casagranda thanked everyone for speaking out about the AVTECgym. She was excited and
hopeful that the gym wouldbe reopened. She said when something camebefore council for
consideration, thatwasthe time for the public to speak out. In response toCasagranda,Long said the
negotiations with the schools about using their gyms had been put on hold. Casagrandahad concerns
about public records requests, saying shefelt more and more pushback on record requests. Bardarson
concurred with Casagranda’srequest to have the city attorneyprovide a public records request
overview for council and the public. She encouraged everyone to come to Meet the Candidates
Night.
McClurewas pleased with the AVTECgym negotiations progress. The outpouring of the
public had had a real impact on the situation. The Iditarod Trailblazers would be having a Jujiro
Wada statue unveiling and dedication ceremony on Friday, September 23, 2016 at 1:00 p.m. There
would be representativesfrom Japan in attendance, first and second graderswould be making a
presentation, and the event would conclude with a receptionat Zudy's Café.
Squires encouraged everyone to attend Meet the Candidates Night.He noted last week there
had been a walk to recognize Suicide Prevention Week;he didn’t want to lose any more friends to
suicide. Squires said there had also been an appreciation picnic for First Responders which had been
well attended. He stated he would be out of state for the September 26, 2016 council meeting.
Keil thanked administrationfor working with AVTEC.She commended the great job that
hadbeen done in response to thetransmission lineissue.Keil and Bardarson had visited the senior
center today; the seniors received them well and said they would come to the budget work sessions
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when council had them.Keil noted the Seward Music & Arts Festivalwas coming upat the end of
the month.
Bardarson thanked the city attorneyfor making himself available to attend the special
meeting/on September 16, 2016.Bardarson and Long had attended a meeting withUSDARural
Development representatives.She encouraged people to attend the Comprehensive Plan Open
House, and she supported AVTECrecreational use.
Long said regarding theUSDAvisit, there were lots of programs available for businessesand
housing opportunitiesthat had been discussed.He reminded everyone that winter was coming so
pleaseclear the right of ways.
CITIZEN COMMENTS
Luther Freemanwas glad to hear the AVTECcontract was being renegotiated. The winter
was especially critical time, especially for special needs people and senior citizens. Also for young
families to have a place to go for their children to blow off steam. Freeman wanted to emphasize the
importance of having the services available for the community.
COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None
ADJOURNMENT
The meeting was adjourned at 8:18 p.m.
____________________________________ ____________________________________
Brenda Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
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City of Seward, AlaskaCity Council Special Meeting Minutes
September 16, 2016 Volume 40, Page
CALL TO ORDER
The September 16, 2016 special meeting of the Seward City Council was called to order at
3:00 p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
City Attorney Will Earnhartled the Pledge of Allegiance to the flag.
ROLLCALL
There were present:
Jean Bardarson presiding, and
Marianna Keil Ristine Casagranda
Dave Squires Dale Butts*Arrived at 3:28 p.m.
Sue McClure Deborah Altermatt
comprising a quorum of the Council; and
Ron Long, Assistant City Manager
Brenda Ballou,Acting City Clerk
Will Earnhart, City Attorney
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING – None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
SPECIAL ORDERS, PRESENTATIONS AND REPORTS – None
PUBLIC HEARINGS– None
UNFINISHED BUSINESS – None
NEW BUSINESS – None
INFORMATIONAL ITEMS AND REPORTS – None
COUNCIL COMMENTS – None
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CITIZENCOMMENTS – None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None
EXECUTIVE SESSION
Motion (Keil/McClure) Go into Executive Session to discuss
matters pertainingto threatened litigation,
and to discuss the proprietyof the public
production of certain documents, and give
direction to the city attorney in regards to
the confidentiality of evaluations of officers
and other documents.
Motion Passed Unanimous
Council invited City Attorney Will Earnhart, Assistant City Manager Ron Long, and Acting City
Clerk Brenda Ballou to remain.
Went into Executive Session at 3:04 p.m.
Came out of Executive Session at 5:38 p.m.
Council directed Acting City Clerk Brenda Ballou to add an item to the September 26, 2016 agenda
to schedule a work session to discuss the evaluation forms, procedures, and policies for the City
Attorney, City Manager, and City Clerk.
ADJOURNMENT
The meeting was adjourned at 5:40 p.m.
____________________________________ ____________________________________
Brenda Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
98
Agenda Statement
Meeting Date:October 10, 2016
From: Brenda J. Ballou,Acting City Clerk
Agenda Item:Certification of the October 4, 2016 Regular City Election
BACKGROUND & JUSTIFICATION:
The City conducted its annual municipal election on Tuesday, October 4, 2016. The Canvass of the
election wasconducted on Thursday, October 6, 2016. A report stating the final results of the
election, including votes cast by absentee and questioned voters, isattached for your certification.
The newly-elected council members will be sworn and seated as the first item of businessat the
October 24, 2016 regular meeting.
RECOMMENDATION:
Certify the October 4, 2016 regular city election and declare the results final.
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