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HomeMy WebLinkAbout01032007 PACAB Packet SEWARD PORT AND COMMERCE ADVISORY BOARD Regular Meeting January 3, 2007 NOON COUNCIL CHAMBERS Deborah Altennatt Chair Term Expires 2007 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Karl Van Buskirk Vice Chair Term Expires 2007 3. ROLL CALL Bruce Martin Board Member Term Expires 2009 4. SPECIAL ORDERS, PRESENTA nONS AND REPORTS Darryl Schaefenneyer Board Member Term Expires 2009 A. ARRC Representative Louis Bencardino B. KPB/EDD - City Councilmember Valdatta Ron Long Board Member Term Expires 2008 C. Administrative Report Mike Banas Board Member Term Expires 2008 5. Citizens' comments on any subject except those items scheduled for public hearing. {Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] Theresa Butts Board Member Term Expires 2009 6. Approval of agenda and consent agenda {Approval of Consent Agenda passes all routine items indicated by asterisk Marvin Yoder Interim City Manager 7. UNFINISHED BUSINESS Scott A. Ransom Harbormaster A. Updated Goals and Priorities - On-Going. . . . . . . . . . . . . . . . .Page 3 Christy Terry Executive Liaison City of Seward, Alaska January 3, 2007 P A CAB Agenda Page 1 8. NEW BUSINESS- A. Expanded Cargo Fee Discussion... ... ... ... ... ... ... ... ... ... ... ......Page 5 B. Set Seward Marine Industrial Center Development Plan Update as Work Session topic for January 17, 2006 H . H .. . . .. . .. . . . .. H .. . H . H H.. H HPage 7 C. Discuss Annual Report to Council ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .Page 8 *D. December 5,2006 Regular Meeting Minutes............ .......... .....Page 9 9. CORRESPONDENCE, INFORMATIONAL ITEMS AND REPORTS (No action required)- A. ARRC- Army Corps of Engineers Application of Permit (dock extension) ......... ... ... ......... ............ ......... ... ...... ...... ... ...... .........Page 18 B. City Council Fire Training Center Work Session Notice......... ..Page 29 C. Japanese Creek Floodplain Letter from Floodplain Management Program Coordinator Christy Miller...... ...... ... ... ... ......... .....Page 30 10. BOARD COMMENTS 11. CITIZENS' COMMENTS [5 minutes per individual- Each individual has one opportunity to speak.] 12. BOARD AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENT 13 ADJOURNMENT City of Seward, Alaska January 3,2007 PACAB Agenda Page 2 MEMORANDUM Date: December 6, 2006 ".~O!S~~ ~ "~." ,~ \ u~_ '~"-':. ~ ~(.AS,,"~ To: Port and Commerce Advisory Board Subject: Scott Ransom, Harbor Master f\' r ~ Christy Terry, Executive Liaison \}Iv \ Goals and Priorities - On-going Through: From: At the November 1, 2006 Port and Commerce Advisory Board Meeting, Board Members discussed options to make their time reviewing the On-Going Project List more effective. Board Members made the following suggestions: 1) Assign revisit dates to each item (during a Work Session or Regular Meeting); 2) Assign each Board Member current projects and schedule Board Member Presentations at Regular Meetings or Work Sessions; 3) Tackle 3 or 4 projects at each Regular Board Meeting. The Board could discuss the suggestions made at the last Regular Meeting, a combination of these suggestions, others as they occur, or continue addressing the On-Going Project List in the current manner. If the Board desires, a method to address the On-Going Project List could be formalized with an approved motion or by general consensus. Once the Board Members agree on the method to use in addressing the On-Going Project List, the Board could make updates to the list in the agreed upon manner. RECOMMENDATION: P ACAB' s desired review mechanism for the On-Going Project List could be implemented by either a motion or by general consensus. Following this decision, Board Members could update the On-Going Project List in the agreed upon manner. /") ----"..;' )> en .,.. en r-- en :x: "U z ;:u z :x: c m c: 0 )> ;:u m 0 r- ~ 0 )> en 0 ~ )> "U c: ;:u en ~ 0 -I "U ~ ;:u :x: ~ (; en c -I OJ " m OJ ~ ~ 0 .,.. ;:u r- ;:u z :x: 0 z =n :x: 0 -I Z <: 0 z m m m :x: ;:u m c: )> -I C ;:u en 0 ~ ;:u OJ C )> -I m 0 -I ~ OJ ;:0 m )> ;:u <: >< 0 ~ 0 z 0 c 0 .,.. .- 0 ~ "U " "U ~ 0 m )> ;:u m a ;:u m )> ;:u ;:u >< ;:u 0 m ;:u m m z 0 ~ ~ "U C Z ;:u Z .,.. z en < 0 ~ )> ~ c 0 m G) r= m 0 m ~ m z :::u ~ c ;:u ~ z ;:u en =i ~ r- G') z m r- 0 0 :x: :::u -I ~ m )> -< z ~ m m 0 ~ ;:u -I Z en Z :::u en =! z z m 0 Z -I -f - -I i: )> 0 "U i m c: .,.. 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The members in attendance were: Mike Banas, Theresa Butts, Ron Long, Bruce Martin, and Vice Chair Karl Van Buskirk. The PABAC agenda included a discussion on the Cargo Fee adopted under the general fund portion of the City of Seward's 2007 Budget. By general consensus the Board directed the following request to Council: . PACAB respectfully requests permission to expand their Cargo Fee discussion to include additional and/or other ways to mitigate nontaxable organizations' impacts to the City's infrastructure that are equitable for both the City and the organizations. Thank you, in advance, for either your permission or clarifying direction to expand PACAB's discussion regarding this important issue for the City of Seward. Either Chair Altermatt or Vice Chair Van Buskirk will be in attendance for this evening's Council Meeting to provide the Board Report, answer questions and obtain Council direction. 5 GENERAL FUND Revenue Detail by Account (Budget) For Fiscal Year W07 2004 2005 2006 2007 2006-2007 Account Name Aaual ActUal Budget Budget Variance % Change * Libtuy Service Revenue 4.922 3.030 3,000 3.200 ZOO 6.7% Circulation Revenue 4.981 5,572 4.800 4.800 0 0.0% Total Lilnm:y $9.903 $8,602 $7,800 $8.000 $200 2.6% Rem:s &. Leases Land Rent &. Lease 22,100 22.100 23.205 31.036 7.831 33.7% Jail Facility Rent 0 0 6,000 6,000 0 0.0% (14) Municipal Building Rem 80.756 67.418 70,000 65,000 -5,000 -7.1% Total Relics &. Leases 102,856 89.518 99.205 102,036 2.831 2.9% Total Chalges for Services $1.868,826 $1,925.770 $2,119.757 $2,233.171 $113.414 5.4% FINES AND BAlLS: 22,857 23.206 21.000 21.000 0 0.0% PENAL TlFS &. INTEREST: Investments 88.393 140.498 92.500 150,000 57,500 62.2% Cwtomer Penalties &. Interest 50,044 31,649 50.000 10,000 -40,000 -80.0% Total Penalties and Interest $138,437 $172,147 $142.500 $160,000 $17.500 12.3% MISCEll.ANEOUS: ~es of Surplw Equipment I 1.577 0 4,000 5,000 1.000 25.0% Garbage ConCIaCt 61.097 64,347 65.000 65,000 0 0.0% SV AC Maintenance Fee 2.400 1,800 2,400 2,400 0 0.0% Gravel Sales 0 52.320 100,000 20.000 -80,000 -80.0% (15) Cicy Clerk Fees 236 152 250 250 0 0.0% Collection of Bad Debts 3.41S 1.723 2.500 2.500 0 0.0% Vendin Machine Fees 1.200 2.010 2,400 2.400 0 0.0% ~ Ocher Miscellaneous &. Cargo Fee - ~ - 4,306 2,764 17,112 152.500 135.388 791.2% Total Miscdlaneous $84.23 1 $125.116 $193.662 $250.050 $56,388 29.1% Total General Fund Revenue $7,398,163 $7,976.148 $8.008.048 $9.074.884 $1.066,836 13.3% * See Footnotes 23 i lP MEMORANDUM Date: January 3, 2007 To: Port and Commerce Advisory Board Through: Scott Ransom, Harbor Master From: Christy Terry, Executive Liaison Subject: January 17, 2007 Work Session Administration recommends that the Port and Commerce Advisory Board set the Seward Marine Industrial Center Development Plan Update Process for their next Work Session scheduled for January 17,2006. This topic was originally scheduled for the December 20,2006 Work Session that was cancelled due to Board Member's schedules during the busy holiday season. Council approved Resolution 2006-131, assigning the Port and Commerce Advisory Board to review and update the Seward Marine Industrial Center (SMIC) Development Plan. The SMIC Development Plan will involve: numerous public workshops; public hearings; public input; the plan will be reviewed by the Planning and Zoning Commission and Administration; and final recommendation by PACAB to Council for approval. A Work Session should be held to begin the preparation process to update this Plan. RECOMMENDATION: Port and Commerce Advisory Board set the Seward Marine Industrial Center Development Plan Update Process for their January 17, 2006 Work Session. 7 MEMORANDUM Date: January 3,2007 To: Port and Commerce Advisory Board Through: Scott Ransom, Harbor Master From: Christy Terry, Executive Liaison Subject: Discuss Annual Report to Council Chair Deborah Altermatt will be attending City Council's Regular Meeting of January 22, 2007 to provide the Port and Commerce Advisory Board's Annual Report to Council as required under Seward City Code ~ 2.30.325 a (1). This section of the Code specifies that, "...The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board;" During the January 22,2007 Council Meeting, Council will also be voting to continue the Port and Commerce Advisory Board through January 31, 2008. The Port and Commerce Advisory Board could discuss and make recommendations to Chair Altermatt regarding her report to Council. RECOMMENDATION: Discuss and make any necessary recommendations regarding the Port and Commerce Advisory Board's Annual Report to Council. 8 City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 230 CALL TO ORDER The regular December 6, 2006 meeting of the Seward Port and Commerce Advisory Board was called to order at 12:00 pm by Vice Chair Karl Van Buskirk. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Board Member Martin. There were present: Karl Van Buskirk, presiding, and Mike Banas Theresa Butts Ron Long Bruce Martin Absent: Deborah Altermatt Darryl Schaefermeyer Comprising a quorum of the Board; and Louis Bencardino, Alaska Railroad Corporation Representative Scott Ransom, Harbor Master Christy Terry, Executive Liaison Alaska Railroad Corporation (ARRC) Representative Louis Bencardino Bencardino stated ARRC applied for permits to fill the log pond and extend the freight dock. He shared ARRC was working with Totem Ocean Trailer Express, Inc. (TOTE) to dock in Seward. Bencardino stated that Hyundai wanted to cease operations at the Coal Facility, but ARRC was in discussions with Usibelli Coal Mine, Inc. to take over that role. Chairman Joe Usibelli would be in Seward next week to meet with Hyundai. In response to Van Buskirk, Bencardino clarified ARRC owned the Coal Facility (building, land, equipment, everything), but ARRC leased out the actual operations. Bencardino stated the Arts and Craft Fair was attended by many locals on Friday night and brought 556 train passengers to Seward on Saturday. He noted due to the icy conditions ARRC was still cleaning up all the sand tracked in by the participants. Bencardino stated the downtown merchants were very happy with the amount of customers who made their way to the shops downtown. He noted this was due, in part, to buses shuttling between the Railroad Warehouse and downtown Seward. Bencardino shared the Economic Development Group's discussion to try to develop other economic activities during the off-season. He stated ARRC had major concerns with running passenger trains to Seward after the Christmas Train, because of the possibility of passengers being injured in an avalanche. Bencardino stated the group discussed possible events in the fall to entice Anchorage citizens to come to Seward on the train twice during the year. City of &ward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 231 In response to Long, Bencardino confirmed the TOTE ship was roll on! roll off and required the dock extension. Long explained current Borough discussions regarding development of a Coal Facility in Chulitna verses barging the coal to the Seward Coal Facility. Long questioned Chulitna's finding that it was more expensive to barge the coal to Seward then to develop a Chulitna Coal Facility. Long suggested Usibelli could take a good look at the financial numbers Bencardino felt it would be a good concept to examine and suggested Long and Usibelli should talk next week. Long confirmed there were many visitors from the Holiday Train stopping by the Renown Tour office looking for downtown Seward. He noted whoever spread the word about downtown Seward did a great job and it was a boon to the downtown merchants. Chamber Director Laura Cloward Cloward stated Chair Altermatt had asked her to come and speak to the Board with the Chamber's perspective of the Port and Commerce Advisory Board's role in economic development for Seward. Cloward stated she became involved because of Administration's invitation to provide input on how to best advise the Council to utilize the Port and Commerce Advisory Board's expertise. Cloward felt some parties saw a lack in overall economic development in non-marine based projects. She surmised some of the confusion stemmed from semantics between 'port' and 'commerce' in the Board's title and deciphering if these two items were separate or tied together. Cloward noted that a few years ago the Chamber had done away with their Economic Development Committee based on Altennatt's interpretation that the Port and Commerce Advisory Board addressed 'Seward commerce' that was not solely limited to 'marine based commerce.' She stated the Chamber wanted to act in a support role to PACAB as the City of Seward's economic development entity. Cloward stated her Chamber Board assumed P ACAB was providing Council with recommendations dealing with economic development. Cloward noted the contract they held with the City was for marketing both tourism and non-tourism items, and looked to the Board to outline what those non-tourism items should be. She noted non-tourism examples: Long Term Care Facility, Mary Lowell Center, Library Museum, and general real estate development. Cloward reminded P ACAB that the Chamber was a membership based organization. She stated the ideal representation of Seward's economic development was P ACAB because of their status of a public body representing all of Seward's citizens. Cloward stated presuming P ACAB addressed only marine industries didn't necessitate their review of the business development packet, if PACAB had a broader role, then they would be the driving force in issues such as the 2020 Comprehensive Plan. She questioned who should be driving the Chamber's activities and noted this was an exciting question to pose and have answered. Cloward noted the direction on these items should come from Council, but a recommendation could come from P ACAB if they feel there was a gap. She stated from her discussions with Administration they were looking for recommendations and support from P ACAB. Cloward noted the Chamber acted as a cheerleader for City directed policies. She wrapped up by clarifying the Chamber was looking for clarification on who from the City would be directing their activities on economic development. iO City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 232 VanBuskirk stated he was an ardent Chamber supporter and noted they had many successes. He agreed with Cloward that the Chamber was a membership organization and as the Director she represented the member's interests. VanBuskirk stated the Chamber should be working on goals to not only benefit businesses, but also the Community. He stated the system seemed to be working, but could work better. VanBuskirk stated that as the Board honed their priority list and solidified how their priorities were addressed, P ACAB would become a better sounding board for the community. He stated the Board wasn't specific to marine related issues, but most of the economic issues in Seward tied back to Seward's port. Van Buskirk thanked Cloward for her presentation and highlighted the success of the Chamber's fish enhancement program. Long agreed with VanBuskirk's comments. He cited history of the when there was a separate Board of Trade and a Port Board that merged to form the Port and Commerce Advisory Board. Long felt there was more to the port then the boat harbor and more to commerce then just the port. He agreed that P ACAB should be advising council on non-marine related economic policy items. Long felt P ACAB and the Chamber had parallel paths to pursue on economic projects. He clarified: P ACAB' s role would be looking at policy recommendations to the Council protecting the public interests while at the same time making the project attractive to private businesses; the Chamber's role would be examining if there was general support from the businesses already in the community, while examining the competition aspects; and a third loosely based group would need to examine if there was overall community support. Long stated he didn't view the Chamber and PACAB roles as an 'either/or' proposition. He stated PACAB's first focus should be policy recommendations to Council. Long stated a good example was PACAB's role reviewing and updating the SMIC Development Plan. He noted PACAB would be working with the Planning and Zoning Commission and community organizations. Long clarified there was very little room in a small community for anyone to absolve themselves from any responsibility. He thanked Cloward for attending and also for doing a great job as Chamber Director. Martin supported P ACAB as a broad based body for the economic health of the entire community. Butts concurred with Martin and supported a close relationship with the Chamber. She questioned the Board's involvement in current non-marine based activities. Butts clarified that while she agreed with Martin, she noted there would be a lot of work involved with getting into every economic development issue. Long stated Butts had been involved with the original development with the SMIC plan. He noted in recent years there was a lack of public involvement because of the perspective that there weren't any issues for P ACAB to tackle. Long noted there had to be a balance between not addressing any issues and an overabundance of work. He stated P ACAB' s role was to make recommendations and Council had to move issues forward from there. VanBuskirk supported Long's statements, but felt recommendations to Council were not as informative as they should have been. He stated recommendations and justifications were needed for :l '1 t " City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 233 P ACAB to be really helpful to the Council. Van Buskirk noted that the Park Service made one presentation on the Mary Lowell Center to P ACAB. Banas understood P ACAB' s role of making recommendations to Council, but felt it would be beneficial to have Council provide feedback on how the recommendation was used. He stressed the need for communication and Council providing direction. Long felt P ACAB was a great benefit to Council by saving them from having to deal with a bad idea or proposal. He supported using P ACAB for that task to allow Council to focus their time and attention on items that made sense. Cloward stated she would share P ACAB' s comments with the Chamber Board. She proposed the Chamber Board could adopt a resolution that incorporated the comments from today and clarified the Chamber's support ofPACAB's roles and responsibilities in the Community. Kenai Peninsula Borough Economic Development District (KPB/EDD)-City Councilmember Bob Valdatta Valdatta shared his discussions with Auction Block. He noted Auction Block wanted to expand the Travel Lift project to include additional sheet piling to benefit their operations in Seward. Valdatta advocated the quarry being designated as an enterprise fund in order to keep better track of our resource. He discussed the importance the Pollock Fishery being supported in Seward and noted the City wrote a letter in support of this fishery. Valdatta stated Jerimiah Campbell was on the Fisheries Board and noted he would contact Campbell to follow the issue. In response to Van Buskirk, Valdatta explained that Kodiak was able to fish outside of Seward and take their catch back to Kodiak. Valdatta noted there was a new manager at Alyeska and suggested the Chamber invite him to Seward to examine our local ski slope possibilities and introduce him to all the activities available in Seward. He shared an article he read in US Business News that stated Coal Gasification created too many greenhouse gases. Valdatta stated the City had been in contact with Alaska Power and Telephone President Bob Grim and that he was willing to provide some direction for the City with proposed hydro projects. He clarified that he was the Council Member suggesting Cargo Fee to mitigate impacts to our local infrastructure. Long noted the KPB/EDD Board met following Thanksgiving and they were working to sell the building and move into a smaller space. He stated there was some concern that one of Seward's seats remained unfilled and stressed the importance of Council filling this seat. Long shared that the Board met one Wednesday per month at 10 or 10:30 am and ended by noon. These meetings could be attended telephonically. Valdatta stated he was on the Board. Valdatta and Long discussed successful projects such as a blueberry business and a shellfish shucking project in Homer. 17---- City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3. Page 234 Public Works Director WC Casey - Quarry Update Casey educated the Board on the location, area, types of rock, history, and other general informational items about the quarry. He noted that the rock was most valuable blasted and sorted and felt the best use of this important resource was for municipal projects. Casey clarified the Public Works Department was working with contractors and in-kind credits to sort out the quarry. In response to Board questions, he noted there were other sites for the City to explore as a possible future quarry. Long expressed the gambling aspect of creating an enterprise fund with the quarry. VanBuskirk supported serving the City's best interests by utilizing the quarry for municipal projects. Administrative Report Harbormaster Scott Ransom reported on the following items: . Requests for bids on the restrooms located above the gangway at the new floats would be out this week with the opening scheduled for January 9, 2007. In response to Board Members, Ransom noted the restrooms would be similar to the restrooms in Kawabe Park. He noted utilities were included inside the building. . A proposal to the Denali Commission was submitted for a fish cleaning station and upgrade by the northeast ramps. There was already funding in place for paving and a commitment from the State of Alaska to build fish cleaning tables in this area. . Ransom noted requests for bids for sheet pile for the bulk head work and a separate bid for the actual construction and repair/upgrade of the I, T, Travel Lift and Bulkhead dock. He stated Auction Block had been meeting with Administration to propose and construct a cold storage, fish processing facility and bulk head in this area. Ransom stated the City had secured funding to take care of the repairs but did not have adequate funds for the entire area. He stated Auction Block hadn't provided any detailed proposals on what they intend to do. but Administration was still open to them adding their own sheet pile and building their own dock. Ransom stated the City of Seward needed to keep moving forward to meet their deadlines. . Pacific Marine Fish Expo was successful and Ransom thanked the Chamber for all their hard work and excellent job. He stated they had many visitors to the booth interested in Seward. Long stated he had heard many positive responses to having the Seward Harbor Master attend the Expo. In response to Butts, Ransom stated many locals stopped by the booth to say Seward had well rounded services available in our Harbor and provided positive comments. \3 City of &ward, Alaska December 6. 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 235 Citizens' comments on any subject except those items scheduled for public hearing. (Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.) - None. Approval of agenda and consent agenda Motion (LonglMartin) Approve the Agenda Agenda and Consent Agenda Passed Unanimous The following items were approved under the Consent Agenda: October 4,2006 and November 1, 2006 Regular Meeting Minutes Goals and Priorities - On-Going By general consensus, the Board postponed this item until the next Regular Meeting in order to have more Board Members present for the discussion. NEW BUSINESS- Cargo Fee Long noted that Council had tasked P ACAB with examining this item. Erchinger stated this was proposed by Council during the budget process as a possible revenue source. She noted this item was one option to address the significant impacts to infrastructure where there weren't commensurate returns. Erchinger stated that a Cargo Fee had many aspects that needed to be addressed. These included: should the Cargo Fee be leveled as a tax or a fee, should the charge be leveled on cargo only or leveled on cargo and passengers. She stated Council hadn't discussed details and had tasked Administration to research how to legally impose taxes or fees. Erchinger noted the City was prohibited to tax ARRC, but could charge a fee. She explained that the City could charge an impact fee whether the passengers/goods were going over a City owned or privately owned dock. She noted Juneau changed a fee that went to waterfront development and into their General Fund. Erchinger understood Council did not want to tax fish because that product was already taxed by the State and these funds were remitted to the City. She stated Administration was investigating various options. Erchinger reminded P ACAB that there were substantial impacts to Port Avenue. She noted that the concept of the fee was passed with the budget, but the enactment of the fee would be contingent on an ordinance change. In response to Butts, Erchinger noted the City did not have the actual numbers or types of cargo passing over the docks into Seward. She stated the City could look to other communities to pattern their fee structure. \~ City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 236 VanBuskirk clarified that the current tariff did not change ARRC, and the Council was looking to expand the tariff Erchinger noted that legally the City of Seward could charge sales tax to ARRC customers and Army Recreation Camp customers, but these entities were not willing to collect sales tax from their customers. She noted that rather then dealing with the issue in court, the Council wanted to creatively develop a mechanism to offset the unfunded impacts to Seward's infrastructure. VanBuskirk expressed his concerns that ARRC and the cruise lines would chose to leave Seward because of increased fees. In response to VanBuskirk, Erchinger confirmed that ARRC and the Army Recreation Camp had both declined to collect sales tax from their customers. She noted that the Army Recreation Camp did collect the Passenger Fee required in the Harbor because it was a fee instead of a tax. Erchinger stated there were also large non-profits and Government Agencies in Seward impacting infrastructure. Long supported a balance where neither the City nor private enterprise benefited at the expense of the other. He noted this would not be done overnight and would need to have all the details ironed out and included in the tariff Long asked if we owned the water ships travel through or just the tidelands underneath. Erchinger stated the City owned the water within their City Limits. Long stated in the Maritime Security Act of 2002 a provision was included that could be interpreted to exclude the local government's ability to tax anything moving on navigable waters. He stated ifit was a fee to mitigate the impacts on Port Avenue it could be construed as a toll road and the entities could then bypass through the airport or through the DOT dirt road. Long said this could be an attractive alternative to reroute the industrial traffic away from pedestrian centers. He remembered funds given to ARRC and an agreement for ARRC to provide fees from the passengers on the SS Universe. Long stated this ended when the Universe was taken out of commission. He felt a constructive dialogue was possible with the ARRC and the Army Recreation Camp. Erchinger concurred with working together with the organizations in question and having a strong position to avoid conflict. She stated alternatives were being examined and advocated for a fair and equitable resolution. Long suggested requesting Council's consent to review other cooperative mitigation options. Van Buskirk suspended the rules to allow Alaska Railroad Corporation Representative Louis Bencardino to address the Board. Bencardino stated this discussion happened at an inopportune time during the Alaska Railroad's negotiations with TOTE. He stated ARRC contributed to the community in a multitude of ways, including functions at the warehouse. lS City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 237 In response to VanBuskirk, Bencardino stated that fees imposed by Seward would have further ramifications along the railbelt. Long stated benefits to negate the impacts did not have to have a direct correlation, but could be offset by economic benefits to the community. By general consensus, the Board directed Administration send a memo to Council stating, "P ACAB respectfully requests permission to expand their Cargo Fee discussion to include additional and/or other ways to mitigate nontaxable organizations' impacts to the City's infrastructure that are equitable for both the City and the organizations." Set Seward Marine Industrial Center Development Plan Update as Work Session topic for December 20, 2006 Motion (LonglMartin) Set Seward Marine Industrial Center Development Plan Update as Work Session topic for December 20, 2006 Van Buskirk requested that any Board Member's unable to attend email their comments in advance. Motion Passed Unanimous CORRESPONDENCE, INFORMATIONAL ITEMS AND REPORTS (No action required)- North Pacific Fishery Management Council Draft Agenda Long stated his best wishes were with Jerimiah Campbell as he dealt with these issues in Dillingham. Van Buskirk noted the loss of the Pollock Fishery was a loss to Seward's economy. BOARD COMMENTS -None. CITIZENS' COMMENTS [5 minutes per individual- Each individual has one opportunity to speak.] None. BOARD AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS- None. Ransom stated the SMIC Work Session would lay the ground work for revising the SMIC Development Plan. Long concurred. llo City of Seward, Alaska December 6, 2006 Port and Commerce Advisory Board Minutes Volume 3, Page 238 In response to VanBuskirk, Ransom noted he would review significant changes with the Board. Adjournment Meeting adjourned at 2:20. Christy Terry Executive Liaison Karl VanBuskirk Vice Chair (City Seal) 11 . ' m Public Notice of Application for Permit US Army Corps of Engineers Alaska District Regulatory Branch (1145) CEPOA-CO-R Post Office Box 6898 Elmendorf AFB, Alaska 99506-0898 PUBLIC NOTICE DATE: 27 November 2006 EXPIRATION DATE: 27 December 2006 REFERENCE NUMBER: POA-1965-34-AA WATERWAY: Resurrection Bay 26 Interested parties are hereby notified that an application has been received for a Department of the Army (DA) permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Alaska Railroad Corporation (ARRC), Post Office Box 107500" Anchorage, AK 99510-7500. Point of Contact: Sasha Forland, (907) 265-2357. LOCATION: ARRC's Seward Dock Facilitiesj Section 3, T. 1 S., R. 1 W., Seward Meridianj latitude 60.11960 N., longitude -149.42480 W.j USGS Quadrangle Seward A-7. WORK: Expand the width of ARRC's existing freight dock to 320 feet, install a mooring dolphin to aid in berthing barges, and trench an electrical line from the dock to the mooring dolphin. Approximately 115,000 cubic yards (CY) of fill, with about 92,000 CY below the high tide line (86,000 CY of gravel fill and 6,000 CY of riprap), would be placed to expand the footprint of the existing dock by approximately 5.3 acres. Any fill material placed from April 1 through September 14 would not contain more than twelve percent fines passing a 200 mesh sieve or would be placed within a confining rock dike in order to limit the release of fines to the marine environment. pile driving with an impact hammer would not be conducted during any regular scheduled or emergency commercial fishing openings in Resurrection Bay. Pile driving with an impact hammer would not be conducted during the period from July 15 through September 15 unless it was determined to be of minimal impact to sport fishing. Such work could proceed if approval was obtained from the Alaska Department of Natural Resources, Office of Habitat Management and Permitting. \~ .~ PURPOSE: Improve the safety and efficiency of freight intermodal operations (ship-train and/or ship-truck) and the overall utility of the freight dock. currently the dock will only accommodate small vessels and has limited flexibility for loading and unloading freight from those vessels. The improvements would accommodate larger vessels and allow safer and more efficient loading and unloading operations. The expanded dock would accommodate at least two side ramps for roll-on roll-off use during all tidal stages. MITIGATION: Impacts associated with construction of the existing freight dock were mitigated in accordance with Special Condition 1 of DA Permit No. U-650034, Resurrection Bay 26. In-lieu-fee mitigation of $51,994.50 was paid to Kachemak Heritage Land Trust for the protection of ten acres of estuarine intertidal fish habitat in upper Resurrection Bay (or nontidal wetlands or riparian habitat important to the rearing of anadromous fish in the lower Resurrection River drainage if intertidal habitat is not available). ARRC proposes to mitigate impacts associated with the proposed expansion of the dock in the same manner, i.e. by paying in-lieu-fee mitigation of $28,000 for 5.3 acres ($5,200.00 per acre) . ADDITIONAL INFORMATION: Permitting history of the project site, in reverse chronological order, is as follows: October 28, 2005: A DA Public Notice, No. POA-1965-34-Z, was issued for a proposed permit to authorize maintenance dredging at ARRC's dock facilities (Coal, Passenger, and Freight Docks) and deepwater disposal of the dredged material. Approximately 250,000 CYof silt, sand, and gravel would be dredged over a ten year period. Issuance of a permit has been delayed by development of an acceptable testing and evaluation plan. A permit is expected to be issued shortly. April 15, 2005: Permit Modification file POA-1965-34-Y was closed at ARRC's request. The permit, which had not been finalized, would have authorized dredging 15,000 CY from the Passenger Dock basin. May 4, 2001: A letter of authorization was issued to allow ARRC to dredge 600 CY of material during a single 24-hour period outside the timing window specified by Special Condition No.3 of Permit Modification X-650034. January 23, 2001: Permit Modification X-650034, Resurrection Bay 26, was issued to authorize a steeper shoreline in the Passenger Dock basin. This involved removal and replacement of armor rock, dredging, and dredge material disposal. November 16, 2000: Permit modification W-650034, Resurrection Bay 26, was issued to authorize the installation of an additional mooring dolphin approximately 100' south of an existing dolphin at the ARRC dock. January 12, 2000: Permit U-650034, Resurrection Bay 26, waS issued to authorize upgrades to the existing ARRC dock and construction of a new 200'x 620' cargo dock nearby. This included 143,700 CY of fill material, installation of a catwalk and dolphin at the end of the dock, and dredging 9.5 acres (220,000 CY) to -33' MLLW. The disposal site was at a previously used deepwater site located about 2,000' south of the existing dock. -2- \q November 10, 1998: Nationwide Permit #3, Maintenance, verification letter D-650034 was issued to ARRC to authorize installation of a new fender system on the east 'side of the dock. March 12, 1996: Permit T-650034, Resurrection Bay 26, authorized 18,800 CY of clean fill and rip rap to renovate and extend an existing sediment control groin. An additional 10,000 CY of coarse tidal gravel was authorized to construct a groin access road. February 9, 1995: Permit modification S-650034, Resurrection Bay 26, was issued to change Special condition I, pertaining to sediment sample collection and analysis. May 18, 1994: Permit R-650034, Resurrection Bay 26, authorized dredging of 225,000 CY from the area of the "Railroad Dock" to -36 MLLW for cruise ship access. Disposal of the dredged material was in marine waters of -180 MLLW depth or greater, approximately 1500' offshore of the authorized dredge area. This permit also authorized maintenance dredging through April 30, 2004. February 7, 1994: Nationwide Permit #3, Maintenance, verification letter D-650034 was issued to peratrovich, Nottingham and Drage, Inc. on behalf of ARRC to conduct dock fender system repair work. March 8, 1993: Resurrection Bay 59, N-810521 (renumbered Q-650034) modified the design of the stern-line mooring dolphin. January 19, 1993: Resurrection Bay 59 (M-810521, renumbered P-650034) authorized construction of a five-pile galvanized steel mooring dolphin to provide stern-line connections for cruise ships. March 9, 1983: Resurrection Bay 59 (1-810521, renumbered 0-650034) authorized dredging of 200,000 CY from the west berth of the dock to provide a -45 MLLW berthing area for coal freighters. Disposal of dredged material was at a wetland site to the north of the dock. December 24, 1975: Resurrection Bay 26 (renumbered N-650034) authorized "maintenance dredging in the east berth of existing dock area." July I, 1966: Resurrection Bay 29 (renumbered M-650034) authorized "Installation of six single pile dolphins." January 28, 1966: Resurrection Bay 26 permit (renumbered 1-650034) was issued to the Alaska Railroad to authorize "Construction of a dock, fill and approach. " WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c) (3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456(c) (3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. -3- j,O. A permit will not be issued until the Office of Project Management and Permitting, Department of Natural Resources has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application, is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. TRIBAL CONSULTATION: The Alaska District fully supports tribal self- governance and government-to-government relations between the Federal government and Federally recognized Tribes. This notice invites participation by agencies; Tribes, and members of the public in the Federal decision-making process. In addition, Tribes with protected rights or resources that could be significantly affected by a proposed Federal action (e.g., a permit decision) have the right to consult with the Alaska District on a government-to-government basis. Views of each Tribe regarding protected rights and resources will be accorded due consideration in this process. This Public Notice serves as notification to the Tribes within the area potentially affected by the proposed work and invites their participation in the Federal decision-making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Engineer during the public comment period. ENDANGERED SPECIES: The project area is within the known or historic ,range of the following threatened or endangered species: Short-tailed albatross, Stellar Sea Lion, Sea Otter, and multiple whales. Preliminarily, the described activity will not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The project area is within the known range of the following species: Pacific Cod, Walleye Pollock, Flathead Sole, Sculpin, Arrowtooth Flounder, Rex Sole,Steelhead Trout, Sockeye Salmon, Chinook Salmon, and Coho Salmon. The proposed work is being evaluated for possible effects to Esseritial Fish Habitat (EFH) pursuant to the Magnuson Stevens Fishery Conservation and -4- 1r\ Management Act of 1996 (MSFCMA), 16 U.S.C. et seq and associated federal regulations found at 50 CFR 600 Subpart K. The Alaska District includes areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999, North Pacific Fishery Management Council's Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS) . We have determined that the described activity may adversely affect EFH. This Public Notice initiates consultation requirements with the NMFS under the MSFCMA. We have insufficient information at this time to assess the cumulative effects of the proposed work on EFH, but cumulative effects will be considered in our final as~essment of the described work. Any conservation recommendations regarding EFH for federally managed fish will also be considered in our final assessment of the described work. This proposed project may also adversely affect associated species such as major prey or predator species which are not covered by Fishery Management Plans. SPECIAL AREA DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. The outcome of the general balancing process would determine whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur. That decision should reflect the national concern for both protection and utilization of important resources. All factors, which may be relevant to the proposal, must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404 (b) (1) guidelines. Subject tbthe preceding sentence ana' an}i bthe:j:"-applicable' guideHnes or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and .evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an -5- t1/ Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Mr. Don Kuhle at (907) 753-2724, toll free from within Alaska at (800) 478~2712, or by email at don.p.kuhle@poa02.usace.army.mil if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under section 404(b) of the Clean Water Act (40 CFR 230) . A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments -6- 1,'7 ~ ALASKA MAP N, T.S. \. PROJECT SITE SEWARD, ALASKA 1:l PtJA. -1'165'- 34 -AA "~$ L./.rT'ec.TIDVI Sa. .' "'. .~ 0 ~~.l>-.;r6l-:~. ,...J~- ":Q , " m , \ Plan o I 1 mile 2 I S(:'~LE: 1"= 1 Statute Mi!e PERMIT: DA TUM: MLLW ADJACENT PROPERTY cwr-.JERS: UPLANDS: ,Alaska RaiirotJd OFFSHORE State of .t\iask,) ALASf<.A Ri\ILROAD CORP. P.O. BOX 1..QlfOO Af\JCH. ,AK 991!5p..ol.. 7500 REV,' 0 High Tide line = + 15.7 FT Mean High Water = +9.7 FT Uplands. All property shown owned by Alaska Railroad Existing railroad tracks Existing grovel fill Freight Dock. Top elevation 20' Existing passenger dock ~ (l) III c: ..... ..... (l) () -:;. o ::l OJ o '< PDA -ICf6S-3L{-AA ReSI.-{t"V'eo:..t;~"'1 &: PURPOSE: To expand ARRC's Seward Freight dock to improve the safety and efficiency of freight intermodol operations. PERMIT: DATUM: MLLW ADJACENT PROPERTY OWNERS: UPLANDS: Alaska Railroad OFFSHORE: Sto-te of Alaska . \ \. \ ~ -, !~ n ~. , \\ ~ ! n \\ \1 \ ~ , , \1 ~ .~ \\ \. \\" ;\ II ~\\,' \\ I' I \ \ \. \. ~ ": \ ~ \\ "\ \ \\ l ~ 'i,. Extend existing 36"0 culvert (pipe invert +3,8') Proposed grovel fillwith armored slopes. Existing rip rap slope Proposed top of slope top of . ~ . Ii q Ii Ii. ~\ ',\.\ \\\ \1\ ;I\'\' , \~,\\ 20~" \\ E)<.;stlO" __ Ii. dock j.\ .dtt\ V\ WI \\ \. Proposed rip' rap slope Proposed armor rock slope I I I I , , Existing sediment control groin Proposed electrical feed to dolphin buried in tide flats \ \ I , , , \ ~ Proposed steel pile mooring dolphin '. I 1>1 -' I !J) T (:) ;;0 p ..,. , (] I ~I I ,-, ...... I 'T.J IT) Ifi f\) ) < ((1 ,.'..... IJ ~ ) 0 I "CI I (1) ") n- '< --. to 0 C -' 0 PI ') I '< ~ (l) III c: ..... ..... (l) () -:;. o ::l CD o '< Seward Freight Dock Expansion ft IN: Resurrection Boy A T: Seward Kenai Peninsula APPlIC.A TION BY: T,E BROOKS, CHIEF ENGINEER Alaska Railroad Corp ,Anchorage, AK SHEET: 2 OF 3 o I Site Pion 250 it I SCALE: 1" = 250' 500 I ALASKA RAILROAD CORP. P.O. BOX 1 07500 ANCH. AK 99 1 -7500 D.A. TE: 1 1/1/06 REV.: 0 Maximum recorded High Tide - + 15.7 FT Mean High Woter = +9.7 FT 'Top of existing dock, Approx elevation +20' ~, HTL 15.7' MLLW 0.0' sea~o3-o6~ . J Approx Existing sheet pile dock face MLLW 0.0' Sea f;~:':"]"'" Apprax -36' PURPOSE: To expand ARRC's Seward Freight dock' to improve the sofety ond efficiency of freight intermodal operotions, PERMIT: DATUM: MLLW ADJACENT PROPERTY OWNERS: UPLANDS: Alaska Railroad OFFSHORE: State of Alaska * o I Remove and reuse rip rap New location of rip 10.6' Existing tidal flats. Approximate elevation -2' A Cross Section J SCALE: AS SHOWN Existing grovel fill dock New location of and reuse armor rock grovel ...... '.'~;~(;::'-'- :'~";:;~::~;.r~~::,."..; ,D.,.; Existing tidal flats. Approximate elevation -2' Cross Section J SCAlE: AS SHOWN Site Pian 50 ft I SCALE: 1"=50' POA-I't6S--3'1 -AA !\est.-<Y'rec;t'-oV[ ,f3t:ty Seward Freight Dock Expansion 100 I It IN: Resurrection Boy A T: Seward Kenai Peninsula APPLlCA TION BY: T,E. BROOKS, CHIEF ENGINEER Alaska ,Railroad Corp Anchorot,je, AK SHEET: 3 OF 3 ALASKA RAILROAD CORP. 107500 0- 7500 P.o. BOX ANCH. AK DATE: 11/1/06 REV.: 0 . I . .. FRANK H. MURKOWSKI, GOVERNOR STATE OF ALASKA OFflCE OF THE GOVERNOR DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER 401 Certification Program Non-Point Source Water Pollution Control Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 ofthe Clean Water Act of 1977 (PL95-217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between the ,U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department ofthe Army Permit described in the Corps of Engineers' Public Notice No. POA-1965-34-AA. Resurrection Bav 26, State Water Quality Certification from the Department of Environmental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may sul;>mit written comments within 30 days of the date of the Corps of Engineer's Public Notice to: Department of Environmental Conservation WQM/40 1 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907) 269-6281 FAX: (907) 269-7508 Attachment 2 '}4 . ..' l . FRANK H. MURKOWSKI. GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT.MANAGEMNT AND PERMITTING ALASKA COASTAL ZONE MANAGEMENT 550 WEST 7TH AVENUE, SUITE 1660 ANCHORAGE, ALASKA 99501-3568 NOTICE OF APPLICATION FOR CERTIFICATION OF CONSISTENCY WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the Office of Project Management and Permitting for a consistency determination, as provided in Section 307(c)(3)ofthe Coastal Zone Management Act of 1972, as amended [16 D.S.C. 1456(c)(3)], that the project described in the Corps of Engineers Public Notice No. POA-1965-34-AA. Resurrection Bav 26, will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. The Office of Project Management and Permitting requests your comments, particularly on the proposed project's consistency with the affected local coastal district management program. For more information on the consistency review contact OPMP at (907) 269-7470 or (907) 465- 3562, or visit the ACMP web site at http://www.gov.state.ak.us/gdc/Projects/projects.html. Attachment 3 ?,(() Seward City Council Special Meeting Action Agenda Monday, December 11, 2006 at 7:30 p.m. The following resolution Postponed from a Previous Agenda was postponed indefinitely: Resolution 2006-098, Authorizing The City Manager To Enter Into A Contract With Swenson Construction For The Construction Of One Waterfront Pavilion In An Amount Not To Exceed $397,000 And Appropriating Funds. The following resolutions were approved: Resolution 2006-127, Approving Amendment #4 to the Employment Agreement with the City Clerk. Resolution 2006-132, Approving An Employment Agreement With Marvin Yoder For Interim City Manager Services. Resolution 2006-133, Amending The City Council Rules of Procedure to Amend Rule 26, Order of Business. Resolution 2006-134, Adopting The Resurrection River Debris Maintenance Plan As Required By FEMA Under Project DR-I072- AK. Resolution 2006-135, Authorizing The Purchase Of A Used Stand-By Generator For The Public Works Department Shop Facility For An Amount Not To Exceed $20,000. Resolution 2006-136. Re-Appropriating $23,000.000 From Unspent 2006 Municipal Building Operating Budget To The 2007 Budget For The Purpose Of Replacing The Vintage 1960's Boiler At City Hall. Resolution 2006-137. Authorizing A Contract Through December 31, 2007, With Alaska Newspapers, Inc. For Display Advertising In The Seward Phoenix Log for a flat rate of $322.50 per week. Resolution 2006-138. Accepting A Grant In The Amount Of $1,417.64 From The Alaska Highway Safety Office For 2006/2007 ASTEP Seatbelt Enforcement Campaign And Appropriating Funds. Resolution 2006-139. Accepting A Grant In The Amount Of $6,328.75 From The Alaska Highway Safety Office For 2006/2007 ASTEP Dill Enforcement Campaign And Appropriating Funds. Resolution 2006-140, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Resolution 2006-141, Authorizing Payment To Alcan Electric In The Amount Of $36,261.15 For Emergency Electrical Repairs, And Appropriating Funds. Resolution 2006-142, Authorizing The City Manager Execute A Revised Grant Agreement Between The State Of Alaska And The City Of Seward For The Purpose Of Purchasing And Installing Wrought Iron Fencing Along Hoben Park's North And West Boundaries, And Appropriating Funds. ~. A work session to discuss whether to lease or sell~ property to A VTEC for the fire training center was scheduled for Monday, January 8, 2007 at 6:30 p.m. in the city council chambers. Tom Smith was appointed to fill a vacancy on the Kenai Peninsula Borough Planning Commission for a term to expire July of2008. The November 6 and November 27, 2006 regular city council meeting minutes, and the November 21, 2006 city council special meeting minutes. Port and Commerce Advisory Board Regular Meeting Action Agenda Wednesday, November 1, 2006 at noon The following new business items were approved: The October 4, 2006 and November 1, 2006 Regular Meeting Minutes. The Seward Marine Industrial Center Development Plan Update was set as the Work Session topic for December 20, 2006, noon, upstairs conference room. Purchase Order 100417-00 - Publish on December 14, 2006 -z, q DEPARTMENT OF COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Sarah Palin, Gov6f1lor William C NoD, Co11tlllisJio,," MUIxMI Blade., Dirlctor December 8, 2006 Honorable Vanta Shafer City of Seward P.O. Box 167 Seward, AK 99664 Dear Mayor Shafer: , We had a very good meeting on November 8th with City of Seward staff and John Graves, Federal Emergency Management Agency (FEMA), Region X to present a proposal for using FEMA assistance in improving flood-related hazard" information in the form of 'flood recovery maps' for the City of Seward. FEMA and our Division floodplain management staff are eager to hear Seward's response to this offerfor;:f1ood recoyery "- mapping - funding for this effort is not available through the normal floo~ fT:!flP ! modernization process.. E." ':: .:" However, serious concerns exist with the City's lack of enforcement and;compliance with Title 15.25 Floodplain Management Ordinance. The most extreme'and immediate problem area noted during my September 21st site visit was the unregulated development in the Japanese Creek mapped floodplain behind the Levee. Photos showing the activity within the floodplain will be sent with the letter copy showing that an access road, culvert and bridge extended across and blocked the floodplain, gravel piles encroached in the floodplain, and evidence of heavy equipment work within the floodplain corridor. However, no indication of clearing the sediment and gravel build-up was present. The high hazard posed by this floodplain development appears to have added to the damage to the Japanese Creek Levee during the October flood. Please provide to FEMA Region X, (attention John Graves), and to this Division, (attention Floodplain Management Program), a written course of action by January 8, 2007 describing how the City will: . Notify all property owners, residents, and public facility owners/operators within Forest Acres Subdivision of their increased risk due to the increased bed load and damage to the levee during the October flood; . Remove the damaged bridge from the Japanese Creek Floodplain; . Remove the bed-load material from the floodplain; 550 W. 7th Avenue, Suite 1770, Anchorage, Alaska 99501-3510 Telephone: (907) 269-4580 Fax: (907) 269-4563 Text Telephone: (907) 465-5437 Email: questionS@commerce.state.ak.us Website: http://www.commerce.state.ak.us/dca/ ?P December 8, 2006 Mayor Shafer City of Seward . Avoid future development in the areas below the levee that have been illustrated as having flooded in 1986 and 1995 (see Long Term Care Facility photo attachment), until such time as: 1) the Levee has been certified as providing 1 % flood protection + 3 feet of freeboard height above the Base Flood Elevation(1% flood), and 2) the critical facility site can be determined to be adequately filled and armored to the Base Flood Elevation + 2 feet or the Oesign Flood Elevation (whichever is higher). · Improve City internal processes to ensure permit compliance on all Development defined as ".. .any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving excavation or drilling operations located within the are of special flood hazarrf' (Seward Title 15.25.020). . The Action Plan, will require both short- and long-term goals, actions, tirnelines and listed responsible entities. Reducing the risk to this area of Seward will require immediate and future actions to bring this area into floodplain compliance. ,', ! ' . "', . please';contact Christy Miller (~07) 269-4567, OCCEO" or. J()hn Graves, FEMA Region X, (~25) 487-4737, if you, or City staff, have questions regardIng this Ni:ltionat Flood . ~ Insurance Program compliance action letter. " ;"~ :!: ;' (. \~ !~ . , ' Sincerely, , ct~;7;//?/ff~ Christy l. Miil6': Certified Floodplain Manager Floodplain Management Program Coordinator . .~. e I - , , cc: John Graves, Department of Homeland Security, FEMA Region X Bothell, WA. Scott Simmons, Mitigation Officer, Division of Homeland Security & Emergency Management (DHSEM) Bob Stewart, Response & Recovery Program Manager, DHSEM Brett Nelson, USDA, Natural Resources Conservation Service Charlie Cobb, DNR, State Dam Safety Engineer Kirsten Vessel, Assistant Seward City Manager Christy Terry, Executive liaison, City of Seward W.C. Casey, Public Works Director, City of Seward D. Scott Williams, Planner, City of Seward Tom Shepard, Project Manager, City of Seward Dave Squires & Janice Melvin, Seward Fire Department Michael Black, Director, Division of Community Advocacy, DCCED Taunnie Boothby, Division of Community Advocacy Seward Bear Creek Flood Service Area '1;\ ..,. !g ~j ~o ~i !~ i~ ~ ~ !!! r'i 5 g:J ~ 8~~~~~ ; un : I I , I I Hii,un r g~~~ i~~h i JO:oll I~~il iil a!B;U~1 I ~ ~ ~ili ~ ~ 5 ~~ i~ ~ i ~ ~i ~ I ~ WilliAM J. NELSON It ASSOCIATES CONSULTINO EHGlNEERS - STRUCTURAL/CIVIL 155 910ARKA ST.~ KENAI. ALASKA 99611 4. (907) 2113-3583 [iiI"O' '''''''ON OATE --- --- ---