SELDOVIA CITY COUNCIL · Page 17 City Business License Application- DRAFT Pages 18-24 Ordinance...

SELDOVIA CITY COUNCIL

MONDAY

October 8, 2018 6:00 PM

REGULAR MEETING MULTI-PURPOSE ROOM

1 Posted 10/03/2018 at cityofseldovia.com., Post Office and City Office

AGENDA FOR A REGULAR MEETING

OF SELDOVIA CITY COUNCIL

COUNCIL CHAMBERS

Monday

October 8, 2018

6:00pm

A. Call to Order & Roll Call:

B. Pledge of Allegiance:

C. Excused Absences:

D. Agenda Approval:

E. Consent Agenda: (All items under the Consent Agenda are approved with a single motion, no discussion, and one

vote. A Council Member may request to remove an item(s) for discussion and a separate vote.)

1. Approval of Minutes: Minutes of the Regular Meeting, September 10, 2018

Minutes of the Special Meeting, September 17, 2018

2. Payment Approval Report: Payment Approval Report 09/01/18-10/31/18

3. Ordinance Introduction:

F. Mayoral Proclamations:

G. Public Presentation Prior Notice: (each presenter has up to 10 min)

1. Kevin Schoneman, Alaska Rural Water Association and Charley Palmer, DEC

H. Public Presentation for Items not on Agenda: (public has 3 min each)

I. Committee and Advisory Board Reports: (each member has 5 min)

J. Public Hearings:

1. RESOLUTION 19-04 CERTIFICATE OF RESULTS OF ELECTION OCTOBER 2, 2018

a. Presentation by Staff or Council

b. Council Discussion

c. Public Presentation or Hearing (public has 3 min each)

d. Action/Disposition

e. Swearing in Ceremony for Elected Council Members

2. ORDINANCE 19-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA, ALASKA,

ADOPTING CHAPTER 5.35 BUSINESS LICENSE AND ESTABLISHING A PENALTY OF OFFENSE IN

TITLE 1.08.040 MINOR OFFENSE TABLE- amended





K. Unfinished Business:

L. New Business:

1. Discussion- ORDINANCE 19-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA,

ALASKA, ADOPTING CHAPTER 11.10 RIGHT OF WAY





2. Discussion- ORDINANCE 19-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA,

ALASKA, AMENDING TITLE 18.52 COMMERCIAL MARINE, CHAPTER 18.20 DEFINITIONS, AND TITLE

1 GENERAL PROVISIONS SECTION 1.08.040 TO INCLUDE 18.52.120 VIOLATION—PENALTIES

COLBERG

CAMPBELL

MORRISON

ROJAS

LETHIN

SWEATT

2 Posted 10/03/2018 at cityofseldovia.com., Post Office and City Office





3. Discussion-City Building Vandalism





M. Administration Reports:

1. Treasurer’s Report: None

2. City Manager’s Report: See Laydown

1. Seldovia Police Chief- Paul Cushman, Introduction.

N. Informational Items Not Requiring Action:

1. The City Manager and City Clerk will not be in office the week of November 12, 2018 so that they may attend

the AML conference.

O. Executive Session:

P. Council and Mayor Comments Concerning Items Not on the Agenda:

Q. Next Meeting: Regular Meeting will be held on Monday, October 22, 2018 at 6:00 pm

R. Adjournment:

* IF YOU REQUIRE SPECIAL ASSISTANCE TO ATTEND THE MEETING, PLEASE NOTIFY THE CITY OFFICE 24 HOURS

IN ADVANCE AND ARRANGEMENTS WILL BE MADE *

Seldovia City Council Regular Meeting October 8, 2018

Contents Page

Pages 1-5 Minutes of the Regular Meeting of September 10, 2018

Pages 6-7 Minutes of the Special Meeting of September 17, 2018

Page 8 Resolution 19-04 Certificate of Results of Election October 2, 2018

Page 9 Unofficial Tally of the City of Seldovia Regular Election

Pages 10-16 Ordinance 19-01 Adopting Business Licenses

Page 17 City Business License Application- DRAFT

Pages 18-24 Ordinance 19-02 Adopting Chapter 11.10 Right of Way- DRAFT

Pages 25-30 Ordinance 19-03 Amending Commercial Marine- DRAFT

Pages 31-34 Chapter 18.52 CM—Commercial Marine

Notes

MINUTES FROM A REGULAR MEETING


COUNCIL CHAMBERS

Monday

September 10, 2018

6:00pm

A. Call to Order & Roll Call: MEETING CALLED TO ORDER BY MAYOR LENT AT 6:00 PM

PRESENT: COUNCILMEMBERS: MORRISON, ROJAS- telephonic, LETHIN, SWEATT, COLBERG,

CAMPBELL- telephonic

STAFF: CITY MANAGER CAMERON

FINANCE OFFICER TAYLOR

CITY CLERK GEAGEL

B. Pledge of Allegiance: Held

C. Excused Absences: None

D. Agenda Approval: COLBERG/MORRISON MOVED TO APPROVE TONIGHT’S AGENDA OF

SEPTEMBER 10, 2018

VOICE VOTE/UNANIMOUS/MOTION PASSED

SWEATT/COLBERG MOVED TO AMEND TONIGHT’S AGENDA TO REMOVE ITEM O1. SELDOVIA

FUEL AND LUBE LEASE NEGOTIATION


COLBERG/LETHIN MOVED TO APPROVE TONIGHT’S AGENDA AS AMENDED




1. Approval of Minutes: Minutes of the Regular Meeting, August 27, 2018

2. Payment Approval Report: Payment Approval Report 08/01/18-08/31/18

3. Ordinance Introduction:

COLBERG/SWEATT MOVED TO ACCEPT THE CONSENT AGENDA


F. Mayoral Proclamations: None

G. Public Presentation Prior Notice: (each presenter has up to 10 min) None

H. Public Presentation for Items not on Agenda: (public has 3 min each)

JENNY CHISSUS- Thanked the city for their help with the chainsaw carving tournament. It was a success, and they

couldn’t have done it without the help of the community, and her husband, setting up. It was a great finale to the

season.

I. Committee and Advisory Board Reports: (each member has 5 min)

WALT SONEN- Cook Inlet RCAC Seldovia Representative. He went to Kodiak last Friday, not a whole lot was

discussed. Things to bring to their attention was their local Nuka Research some of which was based here, had been

heavily involved in a pipeline study of the existing pipelines in the Inlet. They were coming to the final phase of the

three phase project, and it had involved more than a year and was a big deal. Hilcorp had been working on a cross-

inlet pipeline. The CIRCAC had been calling many years for the termination of the Driftwood Terminal, 6 years ago

they wrote a paper stating that they would like to see a cross-inlet pipeline instead. Hilcorp was now going to use an

inactive gas pipeline, work has been going on since last winter and the pipelines were pretty much hooked up, the

first oil would cross the Inlet in early October. Hilcorp has had successful bidding offshore in the Inlet between

Kachemak and Chinitna Bay, testing may have disturbed whales and sea mammals, and they intend to go through,

MORRISON

ROJAS

LETHIN

SWEATT

COLBERG

CAMPBELL

1

when they get funding, with oil exploration in middle of inlet. Hilcorp has a couple of leases up near Ninilchik.

Tesoro merged with a company called Endeavor. The fuel stations would remain the same, but the business name

had changed, they also just merged with Marathon who is more of an east based company. He stated that his term

would end that year and he had served with pleasure and would be willing to serve another three-year term if the

council would like. CIRCAC’s fall meeting revolved through three sites and next year would be in Seldovia. The

PSWRCAC fall meeting would be in Seldovia that following week and would be free to attend. PSWRCAC spends a

lot of money to not be in Kenai and he stated he is sorry he will not be there to attend.

1. PWSRCAC Representative- Alisha Chartier

CLERK GEAGEL- Presented Alisha Chartier’s letter to the council as written in the laydown and the flyer for the

PWSRCAC conference happening in Seldovia the following week on September 20th and 21st.

J. Public Hearings:

1. ORDINANCE 19-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA, ALASKA,

ADOPTING CHAPTER 5.35 BUSINESS LICENSE AND ESTABLISHING A PENALTY OF OFFENSE IN

TITLE 1.08.040 MINOR OFFENSE TABLE


CLERK GEAGEL- Presented ordinance 19-01 and discussed that applicants would fill out the application and the

city would email the borough to verify if the applicant was in compliance for sales tax and property tax, as well as

verify with city departments that the applicant was compliant with city utilities. The verification would be based

upon the applicant’s business and would not verify accounts not based on the business. She discussed that large

groups of applicants could be sent to the borough in a spreadsheet.


MORRISON- Inquired as to when the business license would be due and if it was in addition to the borough and

state license.

CAMPBELL- Discussed several errors in the ordinance draft.

ROJAS- Inquired if it would affect a business that was ran in a residence if they were behind in their private

residence utilities.

CM CAMERON- Discussed that it would be problematic if a residence and business were in the same building

and the business utilities were kept up, but not the residences. If the utility was shut off, it would ultimately shut

off the whole building and they would need verbiage to cover that. She discussed that when someone rents a

business there was a landlord tenant agreement for water and sewer utilities. If a business license was not received

for a business than a 14-day notice would be sent out, if there was still no response then the business would be

billed a fine and if the business was still not responding then they would be sent to collections.

LETHIN- Discussed that the ordinance assumed that everybody with a business licenses owned, what if someone

manages a property?

MAYOR LENT- Inquired about situations where someone was renting.


JENNY CHISSUS- Discussed that the borough and finance department would have to do due diligence, and

asked about the process if the city needed to send the borough 60 applicants. She discussed that borough property

taxes were due October or September so the borough should know by the beginning of the year who was

compliant. She inquired about enforcement. For the record she stated she was not opposed to a business license or

a 30-dollar fee, but was looking at the extra effort for the city office and encouraging businesses, not scaring them

away. If this was under the guise of billing water and sewer then it was not the easiest way.


SWEATT- Spoke in support of ordinance 19-01.

MAYOR LENT- Inquired if the new fee would be enough of a difference for the work of the staff.

CONSENSUS TO TABLE THE HEARING UNTIL THE NEXT MEETING WITH THE CHANGES

REQUESTED

K. Unfinished Business:

L. New Business:

1. Conditional Use Permit- Sensenig

2


CLERK GEAGEL- Presented the Planning Commission’s recommendation to extend Conditional Use Permit 13-01

with the ownership of the house and discussed the history of the permit, the minutes that approved the original

permit and the letters from the new potential owners.


MORRISON- Spoke in support of extending the permit to the next owner.

CAMPBELL- Discussed that it looked like everything was in order and spoke in support of extending the

conditional permit, residential use was a permitted conditional use in that zone.

ROJAS- Spoke in support of extending the conditional use.

SWEATT- Inquired if another property that needed a permit had been notified.

CM CAMERON- Stated that they had not yet been notified.


JENNY CHISSUS- Spoke in support of extending the conditional use permit to travel with the property.

PAULIE CARLUCCIO- planning commissioner, discussed that when they granted the permit to Ruth they intended

for it to travel with the property, but it was not in the findings. She spoke in support of extending the conditional use

to travel with property and discussed that for some conditional uses it did not make sense to have them travel. This

one was a house, had always been house, would probably always be house, and it was adjoined with residential

properties. The permit would become null and void if the property turned into a business and they would not need

another conditional use for that. There could be a stipulation that the permit goes with property as long as it remains

a residence. She discussed that the permit would go with the house if they wanted to rebuild as a house, but not as a

business.

CM CAMERON- Inquired as to what would happen if someone tore down house, would the permit go with house

or property?

MORRISON- Inquired what would happen if someone bought the property for a commercial use.


ROJAS/COLBERG MOVED TO EXTEND CONDITIONAL PERMIT FOR PROPERTY IN QUESTION


2. FFY 2018 Community Development Block Grant Funds


CM CAMERON- Discussed an upcoming community block grant opportunity for up to $850,000 that was due

December 7th. There were a few hoops to jump through if they wanted to pursue the grant, they would need a letter

of intent and to pick a project category. Three out of four of the capital improvements projects that the city had

prioritized in February 2018 would qualify for the grant, and they have had several discussions about community

and economic development in the past. The grant would not be eligible for funding equipment. One stipulation is

that the city’s low moderate-income level needed to be at 51%, it was currently at 30% and was a little outdated

from the 2010 census. There was a survey that could be done of 120 families and individuals and if they could

establish 51% they would be in a better position to receive funding. She asked the council to discuss and see if the

opportunity met the needs of the City of Seldovia. The grant preferred a 25% funding match, but the application was

based on a point system and the match could be in-kind and funds. The LWCF project was in-kind and the city

donated time, labor, equipment and some labor costs. The city match’s the senior meals grant was 10% and they

could earmark part of the general fund for the new grant opportunity. She discussed the project categories; the

community development category was a better presentation, the economic opportunity was more rigid, and the

planning category was broader and would be for a bigger project down the road. As far as tangible, if that was what

the council wanted to improve, it would be community development. After the letter of intent and survey there

would be a very public process with meetings on what was wanted, part of scoring would be on how much public

input they had. They could remodel the city buildings with a public use, but they would not be able to remodel the

city hall as its primary business was government.

3


LETHIN- Spoke in support of pursuing the grant with the project category of community development.

COLBERG- Spoke in support of pursuing the grant with the project category of community development.

ROJAS- Spoke in support of pursuing the grant with the project category of community development if the city

office had time. She inquired about the 25% matching fund and where the funds would come from.

SWEATT- Asked if the staff had time and energy to put the grant together. She discussed when reading the

proposal, that it struck her as an opportunity for water and sewer improvements and she inquired if they could

match 25% for a community development.

MORRISON- Discussed using funding for water and sewer improvements.

CAMPBELL- Spoke in support of pursuing the grant with the project category of community development.


JENNY CHISSUS- Spoke in support of using funding for water and sewer improvements and asked if the industrial

building would qualify for the grant.

CARLUCCIO- Spoke in support of using funding for water and sewer improvements. If they updated the system

then the city would not have to spend as much money on repairs.


LETHIN- Discussed looking to VSW for funding for sewer and water improvements.

MORRISION- Stated they had been trying to get money from them for a long time.

CAMPBEELL- Discussed that water and sewer improvements were going to be in the millions, a lot more money

than this little grant was going to be. The water treatment plant was 5.5 million dollars. They need to identify a

project that the community could obtain as a whole.

SWEATT/LETHIN MOVED TO DIRECT THE CITY MANAGER TO DRAFT A LETTER OF INTENT FOR

THE 2018 COMMUNITY BLOCK GRANT WITH THE PROJECT CATEGORY COMMUNITY

DEVELOPMENT



1. Treasurer’s Report: See Laydown

F/O TAYLOR- Presented the treasurer’s report as written in the laydown.

LETHIN- Inquired if the insurance could be on accrual basis.

CM CAMERON- Discussed that the insurance company, AMLJIA, would not allow an accrual basis, and that there was

only one other municipal insurance company in Alaska, and they were comparable. She pointed out that though the

insurance was very high, it was very good insurance and included safety seminars, legal advice, and covered the buildings

very well.

2. City Manager’s Report: See Laydown

CM CAMERON- Presented the city manager’s report as written in the laydown and included that in the past two weeks

maintenance was getting to bottom of the water leaks list and was waiting on locates the following week to work on

Anderson Way. The DOT land proposal was still going on and they were moving in that direction, she stated that she

thought there was a lot of red tape and channels that DOT had to get through and she appreciated that they were so

positive. The city put out a notice about not having boat hauls out and launches available while Tyler was on vacation, it

had motivated people to get put on the schedule and they really appreciated that, instead of the normal short notice given.

Charlie Palmer with the DEC will be there on the 24th, along with Kevin who has been there working on leak projects,

they were a huge resource helping the guys to be able to troubleshoot leaks. They will be here to present a drinking water

protection plan; the city has one source and they need to be very diligent in protecting it. The protection plan will help

increase the city’s score for capital development projects, the higher the score the more that agencies will want to give the

city money for being proactive. The unofficial tally for the summers tour boats was 7566 and that did not include the state

ferry, Jakolof, airplanes and personal water craft. Sales tax revenue was slightly elevated and it helped that fast ferry

would run until the16th. They were also seeing a little more activity because of the nice weather. Paul would officially be

on duty on the 8th, with the move she stated she doubted he would get there for a weekend before then, after the 8th they

could look forward to seeing him more often. There was a rural management course that would help increase points in

December that Jackie was willing to go to in lieu of AML. Heidi and herself would attend AML in November, and the

schedule would work well so that the office would not need to close. The fire engine was still with UAA and Chip and

4

they would use the first few weeks of class this semester to finish work up and then it would belong to the city. She is still

working on an O&M manual for dam. In regards to the executive session, because a member could not be there in person

there could not be an executive session, she asked if the council would be available for a special meeting Monday the 17th

at 9am. They will have enough time to post the special meeting and it would only cover the executive session topic. She

thanked the council for being flexible. She stated that if people could please go the PWSRCAC meeting they really did

appreciate when the community was involved. The city attorney would be there as he was also their attorney, she would

meet with him Wednesday. Charles had been a quick study and pretty much aced everything in his water one course. Him

and Tyler got along well and got a lot of things done.

SWEATT- Inquired if Charles would be the one monitoring the water treatment plant while Tyler was away.

N. Informational Items Not Requiring Action:

1. PWSRCAC Project Planning Request

2. Absentee Voting Opens September 12, 2018

O. Executive Session: Upon adoption of a motion stating the purpose for an executive session, the Council in closed

session may discuss or receive the following:

1. Seldovia Fuel and Lube Lease Negotiation- To receive privileged legal advice from the City Attorney, and for

matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City.

Removed from the agenda

P. Council and Mayor Comments Concerning Items Not on the Agenda: MORRISON- Thanked everyone for coming and great job staff.

LETHIN- Thanked everyone for their time and attending.

SWEATT- Thanked everyone for coming and the staff for their work.

COLBERG- Thanked everyone for coming and the staff for their work.

CAMPBELL- Thanked everyone for coming and the staff for their work.

MAYOR LENT- Thanked everyone for attending and thanked the staff.

Q. Next Meeting: Regular Meeting will be held on Monday, September 24, 2018 at 6:00 pm

R. Adjournment:

COLBERG/SWEATT MOVED TO ADJOURN AT 7:30 PM

NO OBJECTION/MOTION PASSED

I certify the above represents accurate minutes of City of Seldovia Council meeting of September 10, 2018.

_______________________________________

Heidi Geagel, City Clerk

Approved by Council______________________

5

MINUTES FROM A SPECIAL MEETING


SELDOVIA PUBLIC LIBRARY

Monday

September 17, 2018

9:00am

A. Call to Order & Roll Call: MEETING CALLED TO ORDER BY MAYOR LENT AT 6:00 PM

PRESENT: COUNCILMEMBERS: CAMPBELL, MORRISON, LETHIN, SWEATT, COLBERG,

STAFF: CITY MANAGER CAMERON

CITY CLERK GEAGEL

B. Pledge of Allegiance: Held

C. Excused Absences: ROJAS

D. Agenda Approval: CAMPBELL/LETHIN MOVED TO APPROVE THE AGENDA FOR MONDAY SEPTEMBER

17th




1. Approval of Minutes: None

2. Payment Approval Report: None

3. Ordinance Introduction: None

F. Mayoral Proclamations: None

G. Public Presentation Prior Notice: (each presenter has up to 10 min) None

H. Public Presentation for Items not on Agenda: (public has 3 min each) None

I. Committee and Advisory Board Reports: (each member has 5 min) None

J. Public Hearings: None

K. Unfinished Business: None

L. New Business: None


1. Treasurer’s Report: None

2. City Manager’s Report: None

N. Informational Items Not Requiring Action: None

O. Executive Session: Upon adoption of a motion stating the purpose for an executive session, the Council in closed

session may discuss or receive the following:

1. Seldovia Fuel and Lube Lease Negotiation- To receive privileged legal advice from the City Attorney.

CAMPBELL/COLBERG MOVED INTO EXECUTIVE SESSION TO RECEIVE PRIVILEGED LEGAL ADVICE

FROM THE CITY ATTORNEY AND INVITED IN THE CITY MANAGER AND THE CITY CLERK AT 9:05AM


CAMPBELL/LETHIN MOVED TO COME OUT OF EXECUTIVE SESSION

MAYOR LENT- Asked the council to state the reasons why.

CAMPBELL- The only action as result of executive session was that the council agreed to give the city attorney direction

to respond to the terms of the counteroffer with SFL and include additional terms of a for sale provision in there in lieu of

an additional 50-year term, no other action was taken.


CAMPBELL

MORRISON

ROJAS

LETHIN

SWEATT

COLBERG

6

P. Council and Mayor Comments Concerning Items Not on the Agenda: None

Q. Next Meeting: Regular Meeting will be held on Monday, September 24, 2018 at 6:00 pm- Cancelled due to lack of

quorum.

R. Adjournment:

SWEATT/CAMPBELL MOVED TO ADJOURN AT 10:14 AM

NO OBJECTION/MOTION PASSED

I certify the above represents accurate minutes of City of Seldovia Council meeting of September 17, 2018.

_______________________________________

Heidi Geagel, City Clerk

Approved by Council______________________

7

CITY OF SELDOVIA

RESOLUTION 19-04

CERTIFICATE OF RESULTS OF ELECTION

OCTOBER 2, 2018

We, the undersigned, Canvass Board and council members of the City of Seldovia in the regular

election held October 2, 2018 do solemnly affirm that the results of the said election are as

follows:

Council Members, Two - (3) year terms

Write-ins John P. Colberg- Andy Anderson - Jen Swick -

Dianne Gruber - Chaz Cains-

Perley Morrison - Keith Gain - John Gruber -

Madalyn Grahn -

IN WITNESS WHEREOF, we affix our names hereunder in each other’s presence this 8th day of

October, 2018.

________________________ _________________________

Councilmember , Sweatt Councilmember, Campbell

________________________ _________________________

Councilmember, Morrison Councilmember, Colberg

________________________ ______Absent_____________

Councilmember , Lethin Councilmember, Rojas

________________________

Mayor- Lent

________________________ ________________________ ___________________

Canvass Board Canvass Board Canvass Board

ATTEST:

___________________________

City Clerk, Geagel

8

9

CITY OF SELDOVIA

ORDINANCE 19-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA, ALASKA, ADOPTING CHAPTER 5.35 BUSINESS LICENSE AND ESTABLISHING A PENALTY OF

OFFENSE IN TITLE 1.08.040 MINOR OFFENSE TABLE SECTION 1. CLASSIFICATION: This ordinance is permanent in nature and shall become a part of the Municipal Code of the City of Seldovia.

SECTION 2: SEVERABILITY: If any provision of this ordinance or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application to another person or circumstances shall not be affected thereby.

SECTION 3. ADOPTING CHAPTER 5.35 BUSINESS LICENSES AND REGULATIONS:

Title 5

Business Licenses and Regulations

Chapters:

5.04 General Provisions 5.08 Public Soliciting and Vending 5.12 Coin-Operated Machines and Music Boxes (Repealed by Ord. 17-22) 5.16 Explosives 5.20 Alcoholic beverages and Amusement Places 5.30 Commercial Marijuana 5.35 Business License

Introduced: Posted: Public Hearing: Adoption:

10

Chapter 5.35

Business License

Sections:

5.35.010 Definitions. 5.35.020 Business License Required. 5.35.030 Exclusion from Business License Requirement. 5.35.040 Application for a Business License. 5.35.050 Renewals. 5.35.060 Suspension or Revocation of License. 5.35.070 Appeals. 5.35.080 Prohibited Acts. 5.35.090 Penalties. 5.35.100 Disclosure of Licensed Businesses. 5.35.110 Regulations

5.35.010 Definitions. The following words, when used in this chapter, shall have the meanings

respectively ascribed to them in this section:

A. "Applicant" means the person's name that appears on the business license application.

B. "Business" includes:

1. All activities or acts, whether personal, professional or corporate, engaged in or caused to be

engaged in with the object of financial or pecuniary gain, profit or benefit, either direct or

indirect; and

2. Following or engaging in a trade, profession or business, including but not limited to receipts

from advertising services, rental of personal or real property, construction, processing or

manufacturing with the object of financial or pecuniary gain, profit or benefit, either direct or

indirect.

C. "City clerk" means the city clerk of the city or the designee of the city clerk.

D. "City manager" means the city manager of the city or the designee of the city manager.

E. "Engage in business" means to operate or to conduct a business within the city limits and includes

mobile vendors and temporary vendors operating or conducting a business within the city limits for

any period of time.

F. "Licensee" means the entity in whose name a business license is issued.

11

G. "Owner" means all persons having a proprietary interest in the business requiring a license, or, in

the case of a corporation, "owner" means all persons holding more than 20 percent of the voting

stock in the corporation.

H. "Person" includes an individual, firm, partnership, joint venture, association, corporation, estate

trust, business trust, receiver or any group or combination acting as a unit.

5.35.020 Business License Required.

A. No person may engage in a business in the city without first obtaining an annual business license as

provided in section 5.35.040 of this chapter.

B. A separate business license is required for each business.

C. The business license or approved duplicate license shall be displayed prominently at the site of the

business.

D. A business license may not be sold, assigned, transferred or otherwise conveyed. If a person ceases

to engage in business or changes the name, nature or business location, the business license expires.

5.35.030 Exclusion from Business License Requirement. A person is not required to obtain a business

license under this chapter if:

A. Engaged in fishing, unless conducting fish sales to the public from a vessel or providing charter

services to the public;

B. Giving or supplying of services as an employee;

C. An individual or a non-profit organization engaged in casual and isolated sales by a seller who does

not regularly engage in the business of selling goods or a service and the sales do not occur for

more than 14 days in a calendar year.

D. Government and governmental services are not required to obtain a business license under this

chapter.

5.35.040 Application for a Business License.

A. A person engaging in a business shall apply to the city clerk for a business license on a form

prescribed by the city and shall not open for business until the business license is issued. Renewal

license applications must be filed no later than January 31 in each subsequent year, except that a

seasonal business operating during the summer season, May 1 to September 30 only, shall file a

renewal application no later than April 15 in each subsequent year.

12

B. Each application shall contain the following information:

1. The legible signature of the applicant;

2. An affirmation or oath as may be required on the application form; and

3. A description of the type and nature of the business.

C. Each application shall be accompanied by:

1. An annual, non-refundable fee of $30.00 per license, provided that the fee per license for an

application submitted after the due date shall be $60.00;

2. Proof satisfactory that the applicant has received or applied for a valid state business license

when such a license is required by state law;

3. Proof satisfactory that the applicant possesses a valid Kenai Peninsula Borough sales tax

registration when such registration is required by law;

4. Proof satisfactory that the applicant has received an applicable federal or state occupational

license when such license is required by federal and/or state law;

5. Proof satisfactory of any permits as required by any other sections contained in this code;

6. A verification from the city finance department attesting that all accounts associated with

the physical address of the business for utilities, taxes and assessments are current;

7. Verification from the Kenai Peninsula Borough that all sales and property tax accounts are

current.

D. Upon receipt of the application, accompanied by the annual fee, the city clerk shall review the

application and may consult with appropriate officials to determine whether the information

contained therein is true and complete and otherwise in compliance with this chapter.

E. Upon determining that the business application is in compliance with this chapter, the city clerk

shall issue a business license.

F. If the application is denied, the city clerk shall indicate on what grounds the denial is based. The

application fee will not be refunded.

G. If an application is denied, the city clerk may issue a temporary license valid for no more than 14

calendar days to permit the applicant time to reapply. No additional permit fee will be required of

the applicant if the application is submitted within the 14 calendar day period. If no application is

submitted within the 14 day period, or if the subsequent application is denied, the applicant is in

violation of this chapter and must either cease engaging in business or be subject to the penalty

provisions contained in this chapter.

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5.35.050 Renewals. The city shall treat applications for renewal of licenses in the same manner as an

original application.

5.35.060 Suspension or Revocation of License.

A. The city clerk may revoke, suspend or otherwise restrict a license required by this chapter for any

of the following reasons:

1. That the applicant made a false or misleading statement or representation in connection

with the application for a business license;

2. That the licensee has violated any provision of this chapter or regulations issued hereunder

or the terms or conditions of the business license;

3. That the licensee is performing or permitting the performance of an act on the licensed

premises or in connection with the licensed business that endangers the public health,

morals, safety or welfare;

4. That the licensee is conducting the business at a location other than that indicated on the

current business license;

5. That the licensee has sold, assigned, transferred or otherwise conveyed the business license

to another person; or

6. That the licensee knowingly or willfully permits, allows, directs or otherwise sanctions the

violation of any provision of this code or city regulations.

B. Except as provided by subsection (c) below, no decision of the city clerk to revoke, suspend or

otherwise limit or restrict a business license shall be effective until the licensee is first given a

hearing before the city manager. The city clerk shall notify a licensee of his intent to consider

revocation, suspension or any other limitation or restriction of a license application, specifying a

date and time for a hearing. At the hearing, all parties may be represented by counsel and may offer

witnesses and exhibits. At the conclusion of the meeting, the city manager shall issue a written

decision within two working days. The licensee may appeal the decision to the city council under

section 5.35.070.

C. The city clerk may, without prior warning, notice or hearing, suspend or restrict any business

license if that action is necessary to eliminate an immediate and substantial danger to the public

health, safety or welfare. Such actions shall be effective five days after the certified mailing of

written notice to the licensee. The notice shall also set a hearing date to take place within five

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working days following the effective date of a suspension or restriction. The hearing will be held

before the city manager. All parties may be represented by counsel and may offer witnesses and

exhibits at the hearing. At the conclusion of the hearing, the city manager shall issue their final

written decision within two working days. The licensee may appeal the decision to the city council

under section 5.35.070.

5.35.070 Appeals.

A. The following may appeal an adverse decision of the city manager to the city council:

1. Any person denied a business license;

2. Any licensee whose business license has been suspended or revoked.

B. The appellant shall file a written notice of appeal with the city clerk within 30 days from the date

of the city manager's adverse decision regarding a business license. The notice shall specify all of

the grounds for such appeal with supporting documents of the applicant's position attached.

C. After the appeal has been filed, the city manager will forward their written decision to the city

council outlining the reasons supporting the adverse action. The memorandum will be made

available for inspection and copying.

D. The city clerk shall assign a date for the hearing with written notice sent to the appellant and the

city council.

E. At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits. The

burden of proof rests with the appellant.

F. Within 30 days following the conclusion of the hearing, the city council shall issue written findings

of facts and conclusions of law and clearly state the grounds upon which the decision is based. The

appellant may appeal a decision of the city council to the superior court within 30 days in

accordance with the Rules of Appellate Procedure of the State of Alaska.

5.35.80 Prohibited Acts.

A. It is unlawful for any person to engage in a business without first receiving the license as directed

in section 5.35.040, subsection A.

B. It is unlawful for any person to obtain or attempt to obtain a license by making a false statement in

the application or by other fraudulent or deceptive means.

C. It is unlawful for any person to forge, counterfeit or fraudulently alter a license.

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5.35.090 Penalties.

A. If a person is required to have a business license under this chapter but fails to do so, the city may

recover in an action at law against that person all current and past business license fees due and

owing along with all reasonable attorney's fees and costs incurred by the city in recovering the

business license fees owed.

B. A person who fails to obtain a business license required by this chapter, or violates any other

provision of this chapter, shall also be subject to the civil remedies provided in section 1.08.040.

C. The city may not pursue any action at law against a person when an appeal from an adverse action

is pending.

5.35.100 Disclosure of Licensed Businesses. A list of all licensed businesses in the city will be made

available to the borough and state for review and compliance of businesses with borough and state standards.

5.35.110 Regulations. The city clerk may adopt regulations applying and interpreting this chapter and

may prescribe forms required for the administration of this chapter.

SECTION 4. MINOR OFFENSE TABLE 1.08.040

5.35.020 Business License Required $300.00

SECTION 5. EFFECTIVE DATE. This ordinance becomes effective January 1, 2019. ADOPTED by a duly constituted quorum of the City Council of the City of Seldovia, Alaska this day of , 2018.

ATTEST: APPROVED:

_______________________ _________________

Heidi Geagel, City Clerk Dean Lent, Mayor

Vote: Rojas- Colberg- Lethin- Campbell- Sweatt- Morrison-

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City of Seldovia P.O. Box B, Seldovia, Alaska 99663

Phone: (907) 234-7643, Fax: (907) 234-7430

Email: [email protected]

www.cityofseldovia.com

CITY BUSINESS LICENSE APPLICATION $30.00 Annual Business License Fee ($60.00 for renewals submitted after due date)

Legal Name of Business Entity: Date:

Name of Business Owner(s):

Business is: Partnership (Make sure all partners are listed) LLC (Limited Liability Company)

Corporation (List corporate officer’s names) Nonprofit Sole Proprietorship

Mailing Address for LICENSE & RENEWAL:

City: State: Zip: Telephone: Cell:

Email Addresses:

Physical Business Location in Seldovia:

Zone: Commercial Business Commercial Commercial Residential Industrial Public/City Land

Residential Special Multi-Family Residential Waterfront Commercial Residential

Please note Zoning Limitations: A business license does not authorize the holder to conduct business in violation of any

zoning ordinance. A residence without a permitted commercial business use is prohibited in the Commercial Business Zone.

(Please see attached zoning map)

If the physical business location is in the commercial business zone are you the Owner or Tenant

If the physical business location is in the commercial business zone is it: Operational Vacant Residence

Does the business operate: YEAR ROUND SEASONALLY Start Date: End Date:

Please provide a complete description of the type(s) of goods and/or services that shall be offered under this business permit:

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Please Note: If the applicant ceases to engage in business or change its name, nature or business location, the business license

expires. You must provide a physical business location. (A post office box or mail drop is not a physical business location.)

Acceptance of this application by the City does not guarantee a license will be issued.

As Applicant, I , certify or declare under penalty of perjury under the laws of the State of

Alaska that the foregoing is true and correct.

Signature: Printed Name: Title: Date:

➢ Check in the amount of $30 (Non-refundable annual fee)

➢ Copy of State Business License (or proof that you have filed) No:

➢ Copy of Borough Sales Tax Registration Card or Registration No:

➢ Copy of any required occupational licenses

Your city business license will be issued within one week of the date the City Clerk has verified the above and has

received proof that all of your tax and other accounts with the City and the Kenai Peninsula Borough are current.

Annual renewals are due January 31 Seasonal May 1 Sept 30 are due May 1st

FOR OFFICE USE ONLY

PAID: CASH/CHECK NO. DATE: NOTICE SENT: ACCOUNT VERIFIED: ZONING USE ALLOWED?

ISSUED: LICENSE NO.: EXPIRES:

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mailto:[email protected]

http://www.cityofseldovia.com/

CITY OF SELDOVIA

ORDINANCE 19-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA, ALASKA, ADOPTING CHAPTER 11.10 RIGHT OF WAY

SECTION 1. CLASSIFICATION: This ordinance is permanent in nature and shall become a part of the Municipal Code of the City of Seldovia.

SECTION 2: SEVERABILITY: If any provision of this ordinance or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application to another person or circumstances shall not be affected thereby.

SECTION 3. ADOPTING CHAPTER 11.10 Permits for Utility Use of Right-of-Way:

Title 11 Streets, Sidewalks, Park Land* and Cemetery

Chapters:

11.04 Street Excavation

11.08 Sidewalks

11.10 Permits for Utility Use of Right-of-Way

11.12 Park Land

11.13 Camping Regulations

11.14 Violations and Penalties

11.16 Cemetery Advisory Commission


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Chapter 11.10 Permits for Utility Use of Right-of-Way

Sections:

11.10.010 Purpose--Administration. 11.10.020 Definitions. 11.10.030 Utility use of right-of-way—Permits required. 11.10.040 General utility right-of-way use permit. 11.10.050 Utility construction project permits. 11.10.060 Construction permit requirements. 11.10.070 Standards concerning excavation activity. 11.10.080 Utility locations within the right-of-way. 11.10.090 Prior existing installations—Maintenance—Relocation-- Costs. 11.10.100 Appeals/Enforcement

11.10.010 Purpose—Administration. A. The purpose of this chapter is to provide for regulation of

construction activities by public utilities within City of Seldovia rights-of-way.

B. This chapter shall be administered by the City Manager.

11.10.020 Definitions. The following words, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

A. “City Right-of-way” all dedicated rights-of-way, public easements and section line easements within the City of Seldovia.

B. “Maintenance” upkeep, repair, or improvement work on an existing utility facility which does not expand the area occupied by, or change the location of the facility.

C. “Excavation” the removal, carrying away, backfilling, tunneling, boring, bulldozing, digging out, leveling, clearing, or moving of earth or soil by manual or mechanical means.

D. “Public utility” every corporation, company, individual or association of individuals as defined by AS 42.05.720 that owns, operates, manages or controls any plant, pipeline or system for furnishing electrical service, telephone service, cable television service, natural or manufactured gas service, water service or sewer service to the public for compensation.

E. “Road opening” excavation within a road accepted for maintenance by the City of Seldovia.

11.10.030 Utility use of right-of-way—Permits required.

A. After January 1, 2019, a public utility shall not construct any facility in, under or over city right-of-way without first having been granted:

1. A general utility right-of-way use permit as set forth in section 11.10.040 of this chapter; and,

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2. A utility construction project permit for each individual road opening project, excavation or overhead pole line project as set forth in section 11.10.050 of this chapter.

B. Utility right-of-way use permits may include reasonable conditions deemed necessary to protect the public health, safety and welfare and the interests of the city.

11.10.040 General utility right-of-way use permit. A. A general utility right-of-way use permit shall give written evidence of a utility's written agreement to comply with terms, conditions and requirements of this chapter, including, but not limited to:

1. A provision for indemnification by the utility saving the city harmless against any loss or damages due to the negligence of the utility or its agents and employees while constructing, operating and maintaining its plant and equipment in, under or over city right-of-way.

B. There is established an annual base fee for a general utility right-of-way permit in the amount listed in the most current City of Seldovia Fee Schedule. Permit renewal fees are due at the beginning of each calendar year.

C. A general utility right-of-way permit issued to a utility authorizes the utility to:

1. Conduct normal maintenance and/or repairs of existing utility facilities within a right-of-way.

2. Provide service connections from existing utility facilities within a right-of-way to individual customer facilities outside of the right-of-way.

D. Each service connection installed under a general utility right-of-way permit shall be reported to the City Manager in accordance with the provisions of section 11.10.040(C).

1. A one-time fee in the amount listed in the most current City of Seldovia Fee Schedule for each service connection installed shall accompany the utility's report.

2. The utility bears the responsibility for submitting an accurate report and accounting of all service connections installed on an annual basis.

11.10.050 Utility construction project permits. A. After securing a general right-of-way use permit as provided in section 11.10.040 of this chapter, a utility shall obtain a permit from the city for each individual road opening project, excavation or overhead pole line project sought to be performed by a utility for the purpose of installing new primary or secondary distribution lines, trunks or mains; including extensions of existing facilities.

B. Application shall be made upon forms provided by the city and shall include, at a minimum, the following information:

1. The name and location of the right-of-way for which the permit is sought;

2. The type of improvement or facility planned;

3. Plans, drawings, or sketches showing the length, horizontal width, vertical depth and configuration of the improvement, its specific location within the right-of-way and its relationship to the existing roadway;

4. The proposed method of location and marking of the boundaries of the right-of-way for construction purposes;

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5. The name of the utility, its address, phone number and contact person;

6. Whether any subcontractor may be working for the utility on this project and, if so, the subcontractor's name, address, phone number and contact person;

7. Whether a detour of traffic will be necessary and, if so, a traffic routing narrative statement and plan as required by Section 11.10.050 of this chapter;

8. Exceptions to assigned utility locations as prescribed by section 11.10.060 of this chapter; and

9. Any additional information and assurances as the City Manager shall find reasonably necessary for the issuance of a construction project permit.

C. Each application for a utility construction permit shall include a fee in the amount listed in the most current City of Seldovia Fee Schedule.

D. The City shall review and grant or deny construction project permits within 10 working days, where the standards, terms and conditions of the chapter are met.

11.10.060 Construction permit requirements. A. Each permit shall set out a window for construction dates including projected start and completion dates, and the procedure to be followed for any required road closures during the course of construction.

B. Utility lines or facilities shall be located to assure compatibility with all present and anticipated future uses of the right-of-way in which the utility is located. The following general standards shall apply:

1. Utilities shall be located outside of the existing or anticipated travel surface and avoid impacting the drainage of the roadway whenever possible.

2. The location of the utility shall allow for the safe and practical maintenance and improvement of both the utility and the roadway.

3. Surface utility fixtures shall be set back from the existing or planned roadway surface and shall not be located so to create a visual or physical obstacle or hazard.

4. Excavation, backfill, or other disturbance by utility construction or maintenance activities shall be finished in a manner which restores the ground surface and landscape to the original or better condition. Clearing of vegetation shall be held to the minimum necessary for safe construction and maintenance of the utility. Slash and debris shall be disposed of in a neat and orderly manner. Felled timber shall be removed in a manner approved by the City Manager prior to the next construction season.

C. Each permit shall require that prior to beginning the next construction season the permittee shall provide proof of compliance with the application and permit requirements by filing with the City Manager as-built survey or other similar documentation as approved by the City Manager showing the actual location and configuration of the facility within the right-of-way.

D. Coordination between utilities for their construction activities within city rights-of-way shall be solely the responsibility of the utilities and each permit shall expressly state the City's disclaimer of any warranty or liability regarding coordination of utility facilities.

11.10.070 Standards concerning excavation activity. Upon securing a permit, all utilities shall abide by the following excavation standards:

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A. Repair broken lines. The utility shall immediately notify an affected utility of any damage to their plant or equipment.

B. Project coordination. The utility shall insure adequate and timely notice to fire, emergency medical and police agencies and attempt to coordinate its work with the schedule for other construction work. It is the responsibility of the utility to see that proper traffic signs, detours and safeguards are provided, and that property owners affected are notified.

C. Traffic routing. Where traffic is affected, the utility shall provide that proper signing and safeguards be in accordance with the Alaska Traffic Manual and shall notify the Seldovia City Office to obtain clearance for the type of detour, time and other limitations imposed.

D. Closing roads. When traffic conditions permit, the City may, by written approval, permit the closing of roads to all traffic for a necessary period of time. Such approval may require the utility to give notification to various public agencies and to the general public.

E. Clearance for vital structures. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment unless approved on the permit.

F. Restoration of right-of-way. The right-of-way shall be restored to the grade and condition originally found. Gravel, paving or seal coating, ditches, culverts, fences, signs or other improvements shall be replaced, unless specific direction to the contrary is authorized in writing by the City. Failure to do so will be cause for the City to accomplish the required work and to collect damages from the utility.

G. Clean up. As the excavation work progresses, all roads shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris caused by the construction. All existing drainage ways shall remain free and unobstructed. All cleanup operations shall be accomplished at the expense of the Utility and shall be completed to the satisfaction of the city.

H. Prompt completion of work. After an excavation is commenced, the work shall be promptly completed and the road restored to its original condition as soon as possible.

I. Urgent work: The City shall have the authority to condition the issuance of a permit upon the utility's operating on a twenty-four hour per day schedule, in order to complete an excavation as soon as possible when required by traffic conditions, safety or the convenience of the traveling public.

J. Emergency action. Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall make a reasonable effort to notify police dispatch of the location of the emergency excavation. A utility excavating on an emergency basis in a roadway shall apply for a permit on the first working day after such work is commenced.

K. Existing survey monuments shall be protected and if disturbed or destroyed by construction activities, they will be replaced in accordance with AS 34.65.040.

11.10.080 Utility locations within the right-of-way. A. All utility facilities shall be placed within either of two 10-foot wide corridors located along the outer portions of each side of the right-of-way, i.e. ten feet as measured from the edge of the right-of-way toward the centerline of the right-of-way. If only half of the right-of-way has been dedicated, utilities placed within the right-of-way shall be placed only within the ten feet of the right-of-way adjacent to the subdivided lots or tracts from which the right-of-way was created.

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B. Exceptions to assigned utility locations:

1. Whenever a utility finds it unreasonable to place its facilities within their assigned area, it may apply for an exception on a form provided by the City Manager and shall include, at a minimum, the following information:

a. A complete explanation as to why the utility is requesting an exception from its assigned location within the right-of-way;

b. Additional plans, drawings or sketches necessary to show locations of other existing utilities, problem areas such as rock or wetlands, and locations where the utility is proposing to place new facilities; and,

c. Evidence that the request for an exception has been reviewed and approved by all other affected utilities.

2. Subject to appeal to the Seldovia Planning Commission, the City Manager or his designee has authority to grant an exception to the assigned utility location within the city right-of-way.

3. Requests for exceptions that become necessary and evident during actual ongoing construction shall be deemed approved if not rejected or modified after receipt by the City Manager. It is a utility's responsibility to inquire if the request for an exception has been approved, rejected or modified.

11.10.090 Prior existing installations—Maintenance—Relocation—Costs. A. Utility facilities, within a right-of-way subject to this chapter, installed prior to the effective date of this ordinance may remain in place as installed unless relocation of the prior existing utility is required for the installation or construction of a road or another utility within the right-of-way. In the event that such relocation is required, the relocated facility must comply with the provisions of this chapter.

B. The release from compliance granted under this section does not create the presumption the existing facility was properly or reasonably installed. Further while this release allows maintenance of existing facilities for their useful life, except as otherwise provided herein, it does not authorize an upgrade or relocation of the existing facility without complying with the provisions of this chapter.

C. Responsibility, if any, for the cost of relocation shall be determined in accordance with rulings of the Alaska Public Utilities Commission and any tariffs approved under its rules.

11.10.100 Appeals/Enforcement. A. Decisions of the City Manager regarding utility right-of-way permits shall be final unless appealed by the applicant to the Seldovia Planning Commission within 20 (twenty) calendar days after the City Manager’s decision has been issued.

B. Appeal of a Seldovia Planning Commission determination regarding the City Manager's decision shall be directly to the Alaska Public Utilities Commission, or to the Superior Court of the State of Alaska, as appropriate.

C. Any person aggrieved by a decision of the City or a utility pertaining to this chapter may, within 30 calendar days after a decision is mailed or delivered to the person, file an appeal to the Alaska Public Utilities Commission pursuant to AS 42.05.251, or to the Superior Court of the State of Alaska, as appropriate.

D. Nothing in this section shall prohibit a mutually acceptable alternative dispute resolution procedure between the City and a utility to avoid the expense of an appeal to the Alaska Public Utilities Commission.

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E. The City may, in its discretion, seek injunctive relief to enforce compliance with this chapter.

SECTION 4. EFFECTIVE DATE. This ordinance becomes effective upon its adoption by the City Council. ADOPTED by a duly constituted quorum of the City Council of the City of Seldovia, Alaska this day of , 2018.

ATTEST: APPROVED:

_______________________ _________________


Vote: Colberg- Campbell- Morrison- Rojas- Lethin- Sweatt-

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CITY OF SELDOVIA

ORDINANCE 19-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELDOVIA, ALASKA, AMENDING TITLE 18.52 COMMERCIAL MARINE, CHAPTER 18.20 DEFINITIONS, AND

TITLE 1 GENERAL PROVISIONS SECTION 1.08.040 TO INCLUDE 18.52.120 VIOLATION—PENALTIES

SECTION 1. CLASSIFICATION. This ordinance is permanent in nature and shall become a part of the Municipal Code of the City of Seldovia.

SECTION 2. AMENDING TITLE 18.52 CM—COMMERCIAL MARINE BY REMOVING LANGUAGE IN STRIKEOUT AND ADDING LANGUAGE IN HIGHLIGHT TO READ AS FOLLOWS:

Chapter 18.52 CM--Commercial Marine

CB- COMMERCIAL BUSINESS Sections:

18.52.010 Purpose Intent.

18.52.020 Permitted Uses.

18.52.025 Incidental Secondary Uses.

18.52.030 Prohibited Uses.

18.52.040 Performance Standards.

18.52.050 Minimum Lot Area and Width.

18.52.060 Parking Area and Off-Street Loading Space.

18.52.070 Building Setback.

18.52.080 Visibility at Access Points and Intersections.

18.52.090 Building Height.


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18.52.100 Conditional Uses.

18.52.110 Signage.

18.52.120 Violation—Penalties.

18.52.010 Purpose Intent. This district provides an area for the service and

commercial activities which support water dependent activities related to commercial and sport fishing, tourism, recreation and transportation. The CB District is established to provide an area for convenient, attractive and concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade.

18.52.020 Permitted Uses. In the CM CB District, permitted uses are as follows:

A. Retail and wholesale businesses B. Service C. Incidental Secondary Uses

1. Attached residential dwelling unit. 2. Attached multi-residential dwelling unit. 3. Business specific office. (Ord. 06-10)

C. Business Specific Offices D. Restaurants, taverns, and entertainment establishments. E. Hotels and motels F. Hospitals, medical and dental clinics 18.52.025 Incidental Secondary Uses. The following uses shall be permitted as

incidental secondary uses and shall not exceed forty-nine percent of the building: A. Attached residential dwelling unit. B. Attached multi-residential dwelling unit.

18.52.030 Prohibited Uses. In the CM CB District, prohibited uses are as follows:

A. Motor vehicle sales and service B. A. Extraction of natural resources for sale not incidental to development of the area for a permitted use. B. Residence or building without a commercial purpose provided in 18.52.020 Permitted Uses.

18.52.040 Performance Standards. Each permitted use shall meet the following

performance standards:

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A. All permits required for work done in the tidelands shall be obtained prior to granting a building permit.

B. Street and utilities must be adequate to safely accommodate the proposed use presently and in the future.

18.52.050 Minimum Lot Area and Width. In the CC CB District, the minimum lot size and width shall be as follows:

A. 5000 square feet. (Ord. 00-08), (Ord. 06-10) B. Lot area shall be sufficient to meet the parking and setback standards of this

chapter. (Ord. 06-10)

18.52.060 Parking Area and Off-Street Loading Space. In the CM CB District, parking areas and off-street loading space requirements shall be as follows:

A. Residential uses, same as required in the Residential District;

B. Retail sales, one space per 200 square feet of gross usable floor area;

C. Service business and offices, one space for each 300 square feet of gross usable floor area;

D. Restaurants, bars and other entertainment establishments, one parking space for each four seats based on maximum seating capacity;

E. Transient housing, one parking space for each three rooms;

F. In addition to the above requirements, one parking space for every four employees shall be provided;

G. If the applicant adequately demonstrates that the use will serve customers who are not dependent on motor vehicles to reach the business, the parking requirements may be reduced accordingly by the City Planning Commission;

H. One off-street loading space at least 30 feet long by 10 feet wide by 16 feet high inside dimensions shall be provided for each 10,000 square foot of usable floor area.

I. Decks or Docks in this section shall be constructed to allow for the docking of

water craft within the lot boundaries and in compliance with the provisions set forth in Chapter 18.52. (Ord. 00-08; Ord. 06-10; Ord. 17-06)

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18.52.070 Building Setback. In the CM CB District, building setback requirements shall be as follows:

A. Ten (10) from all rights-of-way if the right-of-way meets existing requirements;

B. If the adjacent right-of-way is less than required by existing standards, the setback shall be equal to ½ the required right-of-way width plus ten (10) feet measured from the right-of-way centerline. Required right-of-way shall be that required by City plans or ordinance. If no City plan or ordinance exists, the right-of-way requirements of the Borough subdivision requirements shall apply;

C. Six (6) feet from all property boundaries not bordering right-of-way, unless

adequate fire-walls are provided and adequate access to the rear of the building is otherwise provided.

D. The setback for a deck or dock proposed along the shore of the Seldovia Small

Boat Harbor (defined as any waterfront lot on Main St. between lots 19307917 and 19203059) shall be the mean high tide line. Any deck or dock proposed beyond the mean high tide shall be heard by the Planning and Zoning Commission under the conditional use permitting process (Ord. 00-08; Ord. 06-10; Ord. 17-06)

18.52.080 Visibility at Access Points and Intersections. A. No vehicle shall be parked within thirty feet (30') of any existing municipality street intersection;

B. To ensure that a vehicle’s driver has good visibility at street intersections, on

corner lots both public and privately owned, there shall not be a fence, wall, hedge, planting or structure, or other obstacle including vehicles that will impede visibility between a height of 2-1/3 feet and 8 feet and greater than one foot wide above the centerline grades of the intersecting streets unless parked in already approved and designated parking area. (Ord. 00-08; Ord. 06-10; Ord 18-12)

18.52.090 Building Height. The maximum building height is twenty-eight

(28) feet measured from the centerline of Main Street. (Ord. 06-10)

18.52.100 Conditional Uses. The following uses shall be permitted if it is

determined that the requirements of Chapters 18.68 and 18.72 are met:

A. Signage uses in excess of those specified in Section 18.52.110.

B. Seafood processing (Ord. 17-13)

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C. Keeping of livestock may be permitted provided the provisions set forth in Chapters 18.52, 18.68, 18.72 are satisfied.

D. Building of decks or docks within the Seldovia Small Boat Harbor (as defined by

SMC 18.52.070 D) beyond the mean high tide may be permitted if the provisions set forth in Chapter 18.52, and 18.68 are met (Ord. 01-01; Ord. 17-05; Ord. 17-06)

E. Marijuana cultivation facilities, manufacturing facilities, retail facilities, and

testing facilities as defined by State law, SMC 18.78 and SMC Ord. 16-09. (Ord. 17-07) F. Long-term annual residential rentals, in excess of twelve consecutive months,

as the primary permitted commercial use G. Motor vehicle sales and service within a confined specified space

18.52.110 Signage. Combined signage serving the Commercial Marine Business District shall not exceed 15% of wall surface area as viewed from any lot line. (Ord. 01-01)

18.52.120 Violation—Penalties. Any use of property in the Commercial Business

District that is not provided in 18.52.020 or the use of any Incidental secondary use

provided in 18.52.025 without a permitted use provided in 18.52.020 shall be considered a

violation of this chapter. The penalty for an offense in this chapter is the fine listed in the

fine schedule in SMC 1.08.040.

SECTION 3. AMENDING TITLE 18.20 DEFINITIONS BY ADDING LANGUAGE IN TO READ AS FOLLOWS:

18.20.270 Attached residential dwelling unit. A building located on a single lot

containing multiple units of which one is a dwelling unit designed for one family.

18.20.280 Attached multi-residential dwelling unit. A building located on a single lot

containing multiple units of which more than one is a dwelling unit and designed for multiple

families.

18.20.290 Monthly Residential Rentals. A unit attached to a building or a single

unattached building rented as a dwelling unit for more than thirty consecutive days.

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SECTION 4. TITLE 1.08.040 IS AMENDED BY ADDING THE LANGUAGE TO READ AS FOLLOWS:

18.52.120 Violation-- Penalties $300 SECTION 5. EFFECTIVE DATE. This ordinance becomes effective upon its adoption by the City Council.

ADOPTED by a duly constituted quorum of the City Council of the City of Seldovia, Alaska this day of , 2018.

ATTEST: APPROVED:

_______________________ _________________


Vote: Colberg- Campbell- Morrison- Rojas- Lethin- Sweatt-

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Chapter 18.52

CM--Commercial Marine

Sections:

18.52.010 Purpose.

18.52.020 Permitted Uses.

18.52.030 Prohibited Uses.

18.52.040 Performance Standards.

18.52.050 Minimum Lot Area and Width.

18.52.060 Parking Area and Off-Street Loading Space.

18.52.070 Building Setback.

18.52.080 Visibility at Intersections.

18.52.090 Building Height.

18.52.100 Conditional Uses.

18.52.110 Signage.

18.52.010 Purpose. This district provides an area for the service and

commercial activities which support water dependent activities related to

commercial and sport fishing, tourism, recreation and transportation.

18.52.020 Permitted Uses. In the CM District, permitted uses are as

follows:

A. Retail

B. Service

C. Incidental Secondary Uses

1. Attached residential dwelling unit.

2. Attached multi-residential dwelling unit.

3. Business specific office. (Ord. 06-10)

18.52.030 Prohibited Uses. In the CM District, prohibited uses are as

follows:

A. Motor vehicle sales and service

B. Extraction of natural resources for sale not incidental to development

of the area for a permitted use.

18.52.040 Performance Standards. Each permitted use shall meet the

following performance standards:

A. All permits required for work done in the tidelands shall be obtained

prior to granting a building permit.

B. Street and utilities must be adequate to safely accommodate the

proposed use presently and in the future.

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18.52.050 Minimum Lot Area and Width. In the CM District, the

minimum lot size and width shall be as follows:

A. 5000 square feet. (Ord. 00-08), (Ord. 06-10)

B. Lot area shall be sufficient to meet the parking and setback standards

of this chapter. (Ord. 06-10)

18.52.060 Parking Area and Off-Street Loading Space. In the CM District, parking areas and off-street loading space requirements shall be as follows:

A. Residential uses, same as required in the Residential District;

B. Retail sales, one space per 200 square feet of gross usable floor area;

C. Service business and offices, one space for each 300 square feet of

gross usable floor area;

D. Restaurants, bars and other entertainment establishments, one

parking space for each four seats based on maximum seating capacity;

E. Transient housing, one parking space for each three rooms;

F. In addition to the above requirements, one parking space for every

four employees shall be provided;

G. If the applicant adequately demonstrates that the use will serve

customers who are not dependent on motor vehicles to reach the business, the

parking requirements may be reduced accordingly by the City Planning

Commission;

H. One off-street loading space at least 30 feet long by 10 feet wide by

16 feet high inside dimensions shall be provided for each 10,000 square foot of

usable floor area.

I. Decks or Docks in this section shall be constructed to allow for the

docking of water craft within the lot boundaries and in compliance with the

provisions set forth in Chapter 18.52. (Ord. 00-08; Ord. 06-10; Ord. 17-06)

18.52.070 Building Setback. In the CM District, building setback

requirements shall be as follows:

A. Ten (10) from all rights-of-way if the right-of-way meets existing

requirements;

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B. If the adjacent right-of-way is less than required by existing

standards, the setback shall be equal to ½ the required right-of-way width plus ten

(10) feet measured from the right-of-way centerline. Required right-of-way shall be

that required by City plans or ordinance. If no City plan or ordinance exists, the

right-of-way requirements of the Borough subdivision requirements shall apply;

C. Six (6) feet from all property boundaries not bordering right-of-way,

unless adequate fire-walls are provided and adequate access to the rear of the

building is otherwise provided.

D. The setback for a deck or dock proposed along the shore of the

Seldovia Small Boat Harbor (defined as any waterfront lot on Main St. between lots

19307917 and 19203059) shall be the mean high tide line. Any deck or dock

proposed beyond the mean high tide shall be heard by the Planning and Zoning

Commission under the conditional use permitting process (Ord. 00-08; Ord. 06-10;

Ord. 17-06)

18.52.080 Visibility at Intersections. A. No vehicle shall be parked within

thirty feet (30') of any existing municipality street intersection;

B. To ensure that a vehicle’s driver has good visibility at street intersections,

on corner lots both public and privately owned, there shall not be a fence, wall, hedge, planting or structure, or other obstacle including vehicles that will impede

visibility between a height of 2-1/3 feet and 8 feet and greater than one foot wide

above the centerline grades of the intersecting streets unless parked in already

approved and designated parking area. (Ord. 00-08; Ord. 06-10; Ord 18-12)

18.52.090 Building Height. The maximum building height is twenty-eight

(28) feet measured from the centerline of Main Street. (Ord. 06-10)

18.52.100 Conditional Uses. The following uses shall be permitted if it is

determined that the requirements of Chapters 18.68 and 18.72 are met:

A. Signage uses in excess of those specified in Section 18.52.110.

B. Seafood processing (Ord. 17-13)

C. Keeping of livestock may be permitted provided the provisions set

forth in Chapters 18.52, 18.68, 18.72 are satisfied.

D. Building of decks or docks within the Seldovia Small Boat Harbor (as

defined by SMC 18.52.070 D) beyond the mean high tide may be permitted if the

provisions set forth in Chapter 18.52, and 18.68 are met (Ord. 01-01; Ord. 17-05;

Ord. 17-06)

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E. Marijuana cultivation facilities, manufacturing facilities, retail facilities,

and testing facilities as defined by State law, SMC 18.78 and SMC Ord. 16-09. (Ord.

17-07)

18.52.110 Signage. Combined signage serving the Commercial Marine

District shall not exceed 15% of wall surface area as viewed from any lot line. (Ord.

01-01)

34

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