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HomeMy WebLinkAbout12162008 Planning & Zoning PacketSeward Planning Commission Agenda Packet December 16, 2008 Special Meeting Ciry Council Chambers Beginning at 6:30 pm Seward Planning d~c Zoning Commission I/aca~at Chair Tenn Expires 02/10 Sue McClure Commissioner Term Expires 02/10 Margaret Anrterson Vice Chair Term Expires 02/09 ijacant Commissioner Term Expires 02/09 Steven Heinrich Commissioner Term Expires 02/11 Sandie Roach' Commissioner Term Expires 02;'10 Cindy Ecklund Commissioner Tenn Expires 02/11 Phillip Oates City Manager Christy Terry Community Development Director Anne Bailey Executive Liaison 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement B. Other Reports, Announcements & Presentations 5. Citizens' Comments on any subject except those items scheduled for public hearing. (Those who have siKned in will be given the~rst opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item) 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda. J 7. Specialltems A. Election of Chair ...........................................Page 3 Planning & Zoning Commission Special Meeting Agenda December 16, 2008 Page 1 8. Public Hearings [Limit comments to S minutes. Those who have signed in will be given the first opportunity to speak) A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing- a. Resolution 2008-17, Recommending City Council and Kenai Peninsula Borough Approval of the Federal Addition AVTEC Replat, a Resubdivision of Blocks 6 & 15, Federal Addition, Located on the West Side of Second Avenue Between "A" And "C" Streets .................... Page 4 b. Resolution 2008-18, Granting a Conditional Use Permit to CIRI Alaska Tourism, Corp, dba Kenai Fjord Tours to Construct and Operate a 16 Room Employee Bunkhouse on Tract A, Clearview Subdivision Number 3, Located West of Alice Street Between Resurrection Boulevard and Phoenix Road within the Auto Commercial Zoning District .......... Page 28 9. 10. Unfinished Business -None New Business - A. Resolution 2008-20, Adopting the Rules of Procedure for the Planning and Zoning Cominission .............................................................................. Page 58 B. Set Joint Flood Board' Commission Work Session for updates to our Flood Plain Management Ordinance * C. Resolution 2008-19, Granting a Third Six Month Extension to Conditional Use Permit No. 2007-03, Issued to Tom & Lori Swann for the Development of an 11- room Hotel at 504 Adams Street Located within the Central Business Zoning District (CBD) ......................................................................................... Page 85 * D. October 2l , 2008 Special Meeting Minutes ............................................... Page 91 11. Informational Items and Reports (.~1TO action required)-None 12. Commission Comments 13. Citizens' Comments [Limit to 5 minutes per individual -Each individual has one opportunity to speahJ 14. Commissions and Administration Response to Citizens' Comments 15. Adjournment Planning & Zoning Commission December 16; 2008 Special Meeting Agenda Page 2 2 P&Z Agenda Statement Meeting Date: December 16, ?008 To: Planning and Zoning Commission, p eJ1,~, From: Executive Liaison Anne Bailey G 0 Through: Community Development Director Christy Terry Agenda Item: Election of Chair BACKGROUND & JUSTIFICATION: Planning and Zoning Commissioner Marianna Keil has resigned from the Commission leaving the Chair seat vacant. The Commission must elect a new Chair to fill the seat until the annual election in the spring of2009. Should the Vice Chair position be vacated at this election the Commission would need to elect a new Vice Chair. The duties ofthe Chair are to: 1. Open the meeting nn time and call the meeting to order, 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declare the meeting adjourned. The Vicc-Chair assumes the duties of the Chair when necessary. The process for election of the Chair and Vice-chair is_as follows: The current Vice Chair should open nominations. Anyone can nominate another conunissioner as chair. • If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). • If more than one nomuiation is received, I will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. I will then collect the ballots, read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chairman. A second is needed and the motion can be approved by unannnous consent of the commission. The above procedures should also be used to elect a vice chair. 3 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION WHEREAS, the State of Alaska and the City of Seward are working together to consolidate the AVTEC facility into one State-owned and managed unit by exchanging a portion of said property with the City; and WHEREAS, the City of Seward can not make the land exchange with the State of Alaska until the lots are replatted into the proposed configuration; and WHEREAS, Cline and Associates submitted, on behalf of the State of Alaska, a preliminary plat increasing the square footage of Block 6 to 123,477 sq feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat approval, property owners within 300 feet of Blocks 6 & 15, Federal Addition, were notified by mail of the proposed platting action, and the property was posted with a public notice sign; and WHEREAS, this property is zoned Institutional (INS) and the replat does not create any non-conforming structures or lots; and WHEREAS, the current Block 6 is owned by the City of Seward and leased to the State of Alaska until 2054; and WHEREAS, the current Block 15 is owned by the State of Alaska; and WHEREAS, no subdivision installation agreement is necessary because these lots are currently serviced by municipal roads, water, sewer, electric and other utilities. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning 4 Seward Planning and Zoning Commission Resolution 2008-17 Pale 2 of 2 Section 1. The Commission recommends Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks b &15, into Blocks 6A and 15A subject to the following condition: 1. An additional 20' utility easement is added along the south property line of Block 15A. 2. A plat note is added to read, "Block 15A contains an anadromous stream numbered 231-30-10070-2009 by the Alaska Department of Fish and Game in the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes." Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16"' day of December 2008. THE CITY OF SEWARD, ALASKA Commission Chair AYES: NOES: ABSENT: ABSTAIN: VACANT' ATTEST: Jean Lewis City Clerk (CITY SEAL) 5 P&Z Agenda Statement Meeting Date: December 16, 2008 , To: Planning and Zoning Commission ±"\ From: Community Development Director Christy Terry Agenda Item: A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION BACKGROUND & JiJSTIFICATION: The resolution before the Commission today deals solely with the resubdivision. However, in order to understand the configuration of the proposed blocks, the Commission must understand the impetus behind the request. The City of Seward and the State of Alaska are working together to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. This will be accomplished following this resubdivision by exchanging Block 15A (owned by the City leased by the State of Alaska) with Bock 6A (owned by the State of Alaska). The City of Seward can not make the land exchange with the State until the lots are replatted into the proposed configuration. The following timeline documents the actions taken towards this goal: April 5, 2007: The Planning and Zoning Commission approved Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State of Alaska. The Commission found that the conveyance was in the public's interest and that the public health, safety and welfare would be preserved. The Commission also found that the conveyance was not contrary to the Comprehensive Plan or the Strategic Plan. The Commission recommended that as a provision the Council require the State of Alaska to provide a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with the City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. April 23, 2007: The Seward City Council approved Resolution 2007-037 authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 in order to achieve terms satisfactory to both parties and including the Commission's recommended provision. Page 1 of 4 6 April 2007- August 2008: As directed, City of Seward staff conducted negotiations with the State of Alaska. September 8, 2008: Community Development Director Bob Hicks presented the negotiated position for the land exchange to the Council under New Business during a Council Meeting. Council discussed and directed city staff to proceed as follows: • Pursue replatting the property per the Cline and Associates AVTEC replat dated 5/26/08 • Pursue conveyance of Block 6A to the State, consolidating State ownership of the property under the AVTEC facilities on this site • Pursue the State's conveyance of Block 15A to the City, giving the City a permanent ownership access to Two Lakes Park • Pursue the State's conveyance of a 30-1t utility easement from A Street back to First Avenue to the City, which is needed for regular power service and for emergency power in the event of a tsunami • The Borough must release the reversionary clause from Block 15A, so that the City can use it for access to the park and not be limited to "educational purposes" • Pursue entering into a simple access agreement allowing AVTEC to use that park road i'or access to the back of their buildings on the new Block 6A September 25, 2008: The State of Alaska received confirmation from Kenai Peninsula Borough Staff that they would support releasing the educational use land deed restriction and reversionary interest on the proposed Block 15A. This information was sent to the City as requested. The Ordinance for Assembly approval of the release is scheduled for introduction on November 18, 2008. November 18, 2008: Replat before the City of Seward's Planning and Zoning Commission for approval. The Planning and 7.oning Commission did not have a quorum to conduct the meeting. November 18, 2008: The Assembly referred KPB Ordinance 2008-34, authorizing the repeal of an education use deed restriction with reversionary rights on a parcel of land in the City of Seward that was deeded to the State of Alaska by the Kenai Peninsula Borough, to the KPB Lands Committee for a hearing on .ianuary 6, 2009. December l6, 2008: Replat before the City of Seward's Planning and Zoning Commission for approval. SUBDIVISION REVIEW: Page 2 of 4 7 Zoning: Both lots are zoned Institutional (INS). This zoning district has no minimum lot size. The use on Block 6A of the vocational school is allowed outright. Block 15A contains no structures, but cars park on this lot. A parking lot is allowed outright in INS. Setbacks: This subdivision was replatted in such a way as to not create any new nonconformity. The minimum side yard setback requirement is 10 feet and the plat shows 10 feet between the new lot line and the closest point of the existing structure. There are two existing nonconformities that are not increased with this replat: 1) the north building encroaches 1.6 feet into the rear setback and 2) the north building encroaches 2.2 feet into the front setback. Any new construction must meet the setbacks prescribed in Seward City Code. The relocation of the former interior lot line also solves the nonconformity of the north building encroaching into those former setbacks and being constructed over a lot line. Utilities: "The property is served by all necessary utilities and a subdivision agreement is not required. Existing Use: The Alaska Vocational Technical Center is located on Block 6 and Block 15. This replat allows the State to consolidate their interests onto one State owned parcel. The use of the proposed Block 15A is access for Two Lakes Park. This replat insures permanent legal access to the park via Block 15A once the land exchange is completed. Staff Comments: Electric Department: Operation Supervisor Jeff Estes: "There are no easements shown (sic) nor provided to the electric department for the primary electric facilities as agreed." Estes later verbally requested the 10' utility easement continue to along the south property line to the west property line to encompass the underground service for the streetlight. Former Electric Utility Manager Tim Barnum: "The Electric Department needs written easements for the electric facilities that serve AVTEC buildings that are not within plated (sic) easements (shown on attached page). We request additional easement to allow electric facilities to continue north and east to exit the property and provide a future secondary source of power into AVTEC facilities and provide for any future development of adjacent property." Fire Department: Fire Chief Dave Squires: "It appears there is not a clear twenty foot wide access without going onto the other property. Is (sic) there provisions to allow this? It appears there is no turn around without going on private property. Is (sic) there provisions to allow this?" Community Development Response: In response to the Electric Department staff comments: As part of the negotiation process, the State of Alaska agreed verbally and in writing (Kim Mahoney, Project Manager DOTPF Statewide Public Facilities) to provide written easements for the Page 3 of 4 8 electric facilities that serve AVTEC on the west side of the buildings. These written easements will be provided following Council's approval of the proposed land exchange. The requested additional electric easements on the north and west side of the newly created Block 6A were not included in the final negotiations and staff did not included these in the proposed replat. The easement requested for the south side of the ncwly created Block 15A is acceptable to the City. To mitigate the impact of not including a 10' easement on the north side of Block 6A staff has incorporated, as a condition to the plat approval, a 20' easement on Block 15A. This has no impact on the City's planned use of this property as access to Two Lakes Park. In response to the Fire Chief's comments• The City of Seward has NO present official access across Block 6 (owned by the State of Alaska) or Block 15 (leased by the State of Alaska). The public travels across AVTEC's property without any objections, but also without easement or other legal permission. Once this plat is approved by the Commission, the plat and land exchange will move forward to Council. Obtaining Block 15A as city property will insure the public has guaranteed access to Two Lakes Park. AVTEC plans to keep the existing driveway and access patterns, but if for any reason the State of Alaska limits the city's use of the driveway crossing Block 6A, then the First Avenue right of way and the portion of paved driveway on Block 15A can be developed to provide a turn around and twenty foot wide vehicle access. Public Comment: Based on public comment, Section 1 of the resolution uv~as updated to include an additional plat note citing the designation of the stream in Block 15A as anadromous. This stream is numbered 231-30-10070-2009 in the Alaska Department of Fish and Game's Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes. The catalog lists water bodies that are known to be used by anadromous fish and legally gives these streams and lakes protection as important fish habitat. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the Commission meeting. RECOMMENDATION: Approve Planning and Zoning Commission Resolution 2008-17 RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION. Page 4 of 4 9 O -8002 'f 3713 'B'd'N £dd99-LO ~ON ~NIM tlNO He 'a~ own :NMyao ,09=„l ~37V,75 90/9L/SO 3/VO 8809-hZZ ~LO6) Xdd bZfC-hZZ (LO6) 69966 NY 'OabM3S £OLZ X09 RJ JIiN3nb ylb 914 suo,~~nbns aNV~ S31 dlOOSS d ON d _3N17O J~n0a08 V7n5NlN3d lMN3N l0/d'1Sr0 ON/Od093a QdvM3S OauM35 d0 All0 b'NSV7Y h'VIOrU3N' ONNM35 1S3M l 30NVd 'H1 n05 I dIHSNM01 O! 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R,L5 Two Lakes Park P & Z Reso 2008-17 Blocks 6 8~ 15, Federal Addition AVTEC Replat 0 130 260 Feet I I I (Block 15, Federal P (Block 6, Federal 9~ / N `°`~`I°"~AVTEC Second Avenue Facilit sheet "°' West of Second Ave, Between A 8~ C Alaska Map Company Dace: December 16, 2008 ~~ 11 W' Z W Q! B STREET ~ __ ' W ~ ~, zl w; Q ~, z' O _. A STREET U __ w cn' w ; z w Q MONROE STREET _ _ ~ '. ~ O ' P 8~ Z Public Hearin 12116/2008 Sponsored by: Yoder ~"" CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE SEWARD CITY COUNCII. APPROVE THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: T 1S R 1W SEC 10 SEWARD MERIDIAN SW 00110004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA (AVTEC) FOR EDUCATIONAL FACII.ITIES WHEREAS, The State of Alaska through the Alaska Vocational Technical Center {AVTEC) has formally requested the conveyance of the real property described as "Block 6" T IS R 1W SEC ]0 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, The State desires to consolidate their underlying land holdings for the AVTEC facility to further support the mission of their educational programs; and WHEREAS, The subject property is currently occupied with the Old Armory Building in use by the AVTEC program and the new Distarrt Learning Building also used by the AVTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year ?054; and WHEREAS, The City of Seward after public hearing, finds that ownership of Block 6 by AVTEC For educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, Public utilities and drainage features exist across andlor within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The conveyance, as proposed, is in the public's interest. The City is urged to request other Lands in exchange for this transfer, such as the State Shop Site, Fifth and B Street parcel, and acreage behind Forest Acres; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the conveyance of municipal lands. ir.~., 12 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 2 NOW, THEREFORE, BE 1T RESOLVED by the Seward Planning and Zoning Commission that: Section I. The Planning and Zoning Commission has reviewed the request and recommends that the Seward City Council approve the conveyance of Block 6 and finds the transfer of ownership is in the public's interest and the public health, safety and welfare will be preserved through such action Section 2. The Planning and Zoning Cotmission finds the conveyance of Block 6 is not contrary to the Seward Comprehensive Plan 2020 or to the Seward Strategic Plan of 1999 and is generally supported by the goals, objectives, visions and values concerning educational facilities, stated therein ction 3. The Planning and Zoning Commission finds that certain utilities that exist, or may be required in the future, on the subject parcel and, drainage features associated with the proper drainage of adjacent private properties and public rights of way require preservation by easement in the platting process. The transfer shall, therefore, be subject to the following provision: 1. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the ~ parcel, including entry and exit access to and parking for Two Lakes Park in cooperation ,,,, with City of Seward star to be preserved by easement or other forms of reservation prior to final platting. Section 4. This resolution shall take effect immediately following its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD \ / rianna Keil, Chatr J 13 Seward Planning and Zoning Commission Resolution 2407 - 47 Page 3 ~ AYES: Anderson, Clark, Hohl, Keii, Roach', Smith NOES: None ABSENT: Hicks ABSTAIN: None ATTEST: Jean, wis, City' lerk ~`~~~0~ ~Ey,i ~~i~i ..... qq . l) '~~V\'`,GO~?0l;,yT~. C7 ,tea (City Sea : ~ ~ a.: .p f ~(~~ • 4 ~J Pte"' •'•N~~.~, 1~i•~\~.~~+~ .fJ„'OF ~ti~~a fir. ;~ 14 _ City of Seward, Alaska Planning Commission Minutes Apri15, 2009 Volume 6 page 178 Williams discussed conversations with AVTEC regarding perpetual easements, parking and access to the park. In response to Keil, Williams surmised the High School was built over the right-of--way in i 956. He stated the details of the transfer would be decided upon by Council. Kell spoke in support of the vacation as submitted. Hotel stated the square footage being given away would timii the City's negotiation with the Block 6 conveyance. Commission recessed from 9:15 to 9:25. Kell .read Kenai Peninsula Borough Code allowing, in some cases, the entire width of the vacated right-of-way to attach to one parcel. Hohi read the State Statutes attaching the width in equal proportions with one exception. Ln response to Hotel, Williams stated the Planning and Zoning Commission in their advisory role was to review this item prior to being decided on by Council. In further response to Hotel, Williams stated the 6`" Whereas clause was refereeing to the City Manager. Motion Passed Yes: Anderson, CEark, Keil, Roach', Smith No: Hotel '~"~~ Resolution 2007-07, of the Seward Planning And Zoning Commission o€ the City of Seward, Alaska, recommending the Seward City Council approve the Conveyance of Block 6 also Described As: T 1S R 1W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward ' Federal Addn (Schont Reserve) BLK 6 to the State of Alaska (AVTEC) for Educational Facilities Williams stated this was the companion resolution to the preceding vacation, He outlined the current use of the pmperry. He noted the provision in Section 1. Notice of public bearing being posted and published as required by law was noted and the public hearing was opened. Kerry Martin, inside city limits, recommended disposal of the property but stressed the need to receive adequate compensation. He outlined some of the available State property. In response to one of Martin's suggested properties, Randy Stauffer, inside city limits, clarified the State's ownership claims for resources in navigable waterways. No one else requested to be heard and the public bearing was closed. 15 City ajSewm~d Alaska Plo~mtng Commission Minutes aril S 1007 Vdume b, Poge 179 Williams clarified the City of Seward did nat have school powers and would not likely be operating a school on the site. Motion (AndersonlClark) Approve Resolution 2007-07 Williams confirmed for Anderson that his recommendations were included inthe resolution. Anderson discussed her access concerns into Two Lakes Park. Motion (AndersonlHoh>) Amend Section 3. i#em 1 following `other fanfares of the parcel,' add `including entry snd slit access to and parking for Two Lakes Park' Hotel spoke in support of the amendment and stated this should also be addressed in the platting process. Williams spoke in support of the need for access to be outlined in the resolution. Anderson discussed the need to have access on the North end of the property. Williams stated the State owned the parcel on the North end and they would have control over the traffic flow. He stated the provision for access could be used as leverage by the Council. Commission discussed the most appropriate language for the amendment. Motion Passed Unanimous Kell and Roach' discussed the public's interest in the conveyance. They noted AVTEC and private business' contributions to the community. Hotel stated this asset had monetary value in either cash or trade. She supported obtaining comparable compensation. Hotel noted the Gity could pay the Federal Government to remove the educational restrictions. Motion (Anderoon/IIohl) Amend the 7`~ Whereas Claus following `Interest.' to add `The City is urged to request other lends in ezehange for this transfer, such as the State Shop Site, FiRh and B Street parcel, and acreage behind Forest Acres.' Williams suggested the Commission send a letter to Council with their recommendations. 16 City ofSewar~ Alaska Planning Commission JNinutes April S, 2007 Volume 6 Page 180 Smith supported not giving the land away, but stated the negotiators should be allowed to negotiate the best deal. Roach' and Hohl spoke in support of the amendment. Hohl stated it was cleaner to outline the Commission wishes in one document. Clark supported Council's ability to negotiate. Anderson spoke in support of her amendment, but suggested following up with an additional letter. Motion Passed Yes: Anderson, Clark, Rohl, Roach', Smith No: Keil ' Main Motion Passed Unanimous By general consensus, the Commission directed Administration to write a letter to Council with recommendations regarding conveyance of Block 6. ._... Unfinished business January 4, 2007 Regular Mee4ng Minutes Hohl suggested postponing the minutes one more time to allow her to submit her amendments in writing by Monday to the Executive Liaison. Motion (AndersonlClark) Approve January 4, 2007 Regular Meeting Minutes Motion (13ohUClark) Postpone the January 4, 2007 Regular Meeting Minutes 'Terry read SCC §2. l 0.060 allowing Council Members to allow their remarks to be reflected in the minutes verbatim. She noted in the absence of Rules of Procedure for the Commission, Council rules were followed. Keil spoke against the postponement. Motion Failed Yes: Hohl, Roach', Smith No: Anderson, Clark, Keil Hohl began her amendments to the minutes. Clark and Keil discussed their concerns with Hohl's amendments. 17 Sponsored by: Yoder ~. CITY OF SEWARD, ALASKA RESOLUTION 2007- 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE NEGOTIATION FOR THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: T 1S R tW SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA DEPARTMENT OF LABOR ALASKA VOCATIONAL TECHNICAL CENTER {AVTEC) FOR EDUCATIONAL FACILITIES WHEREAS, the State of Alaska ("State"} through the Alaska Vocational Technical Center (AVTEC) has formally requested the conveyance of the real property described as `Block 6" T 1S R 1W SEC t0 Sewazd Meridian SW 0000004 Original Townsite of Seward Federal Adds (School Reserve); and WHEREAS, the State desires to consolidate their underlying land holdings for the AVTEC facility to further support the mission of their educational programs; and WHEREAS, the subject property is currently occupied with the Old Armory Building in L use by the AVTEC program and the new Distance Learning Center Building also used by the AVTEC program, driveways, pazking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, the City of Seward, finds that ownership of Block 6 by AVTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, the public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes negotiation for the conveyance of Biock 6, also described as: T 1S R 1W 5EC 10 SEWARD MERIDIAN SW 0000004 ORIGWAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK b to the State of Alaska, Alaska Vocational Technical Center, for educational facilities. r.. 18 CITY OF SEWARD, ALASKA RESOLUTION Z00?-037 Section 2. The Seward City Council authorizes the City Manager to begin negotiation with the State of Alaska far the disposal of Block 6 OTS to achieve terms satisfactory to both parties for the transfer of the parcel subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right-of--way, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23`d day of April, 2007. THE CITY OF SEWARD, ALASKA i _ ,. / , Vanta Shafer, Mayor AYES: Dunham, Valdatta, Thomas, Bardarson, Amberg, Shafer NOES: None ABSENT: Schafer ABSTAIN: None ATTEST: • - .r Je Lewis, C e~am~~~~ C~ Clerk~`~- ~~~~+~y O~ S~IA~~~Jd9e 5 ~., (,~ r'pR~'0~igr . Q (City Seal) : ~ ~$ _.«.. F'~j .. • ~''• tq T ,•~ t.,9...."x'LLJ ~ s ~~ G, v' ~'~i~ +OF,A`,,''ys', 19 Ciry nfSewm~rl, .4laskn City Council !Minutes April 23, 2D07 F'olume 37, Pake 352'. for the estimated cost of the improvements, and the next step was to inform the property owners ' (who may have increased) that the final costs were calculated and the assessment wasgoing Convard. ~0 The property owner who sold the lots should have told the purchasers. about this assessment and the estimated cost at the time of the sale, Motion Passed Unanimous UNFINISHED BUSINESS -None NEW BUSINESS Resolutions Resolution 2007-037, authorizing the negotiation for the conveyance of Block 6 ulsa described as: TIS, Rl W, Section 10 Seward Meridian SW 0000404 Original Townsite of Seward Federal Addition (School Reserve) Block b to the State of Alaska 1)epartmeni of Labor Alaska Vocational Technical Center {AVTEC) for education facilities, Yoder stated this project was a long time coming. It had recently gone through the planting commission and AVTEC had been using the land belonging to the city. AVTEC was now asking the city to transfer the land to them. Motion (ThomaslAmberg) Approve Resolution 2UU7-037: Council conveyed their wish to negotiate this conveyance and-expressed their wishes to go forward in discussing a land swap. Parking and pirst Lake access was an itllportx~rt issue and` concern to the council. Yoder assured the council parking and access was a large part of the negotiations up to this point. Motion Passed Unanftnous _~- Resolution ZOU7-U38. recommending Kenai Peninsula. Borough approaal of the Vacation of ``B" Street between First A~~enue and Second Avenue.: Motion (Thomas/Bardarson) Approve Resolution 2D07-038' Mutton Passed. Unanimous: Resolution 2007-04I, authorizing the city mnnager to pursue environmental permits for the.. "2007 Red Line" alignment for the North Forest Acres Levee/Road Projeet, aqd to pursue.... property acquisition. Yoder directed.eouncil to the. levee alignment comparisons before them. The-"Red Line" version was. the most acceptable to agencies. It was requested by the agencies That soiric lots be 4; ;_ '"m' purchased to Be turned into a conservation easement. An appraisal had been requested of.MacSwain 20 City of Seward, ,4lasku City Council ~Ntnut~s Vohnne 37, Page 631 --~-~-ccreanon was painting bathrooms, the Hoben Park Fountain was completed, and Sports and Rec was busy with leagues, tournaments, and various community events. i- In other areas, the final price of the Long Tem1 Care Facility construction was $21 million and change, which was down $2.3 million from the Unit Company bid, as directed by the council. Oates thanked Frank Dahl and The Pit Bar for their many contributions and fitndraisers in the last year. The City of Seward received their recertification as a Tsunami Ready community along with attaining the Storrs Ready designation. Informational sheets on the ttivo ballot propositions went out in utility bills this week as well as online. Oates met with the Chamber to discuss these initiatives and the efficiency study. Council had conducted two work sessions ott the efficiency study, and more were to come. Oates hoped to get through these issues before the budget time. City Attorney's Report. Cheryl Brooking stated the attorneys gave advice on taxes and fees, proposed contracts, resolutions, ordinances, administrative staffers, employment issues, ballot and voter qualification issues, aspects of the proposed levee project, options to extend leases, lease amendments, and provided information on flood management. With regard to the Small Boat Harbor and SMiC, the attorneys provided assistance with various harbor and SMIC land use matters such as harbor compliance, environmental issues, leases and contracts. The attomeys continued with on going mediation and settlement discussions with the Resurrection Bay Conservation Alliance lawsuit. Port and Commerce Advisory Board Report. Ron Long stated the hoard passed a ... resolution to come forward to recommend a zoning district and potential uses for south harbor uplands. The board thought it best to be Less restrictive in the uses allowed and many possibilities were suggested. He welcomed Kari Anderson as an ex officio member of the PACAB and mourned the loss of staff, as Anne Bailey would no longer provide administrative support to the board. A vacancy was created by a member who was not attending meetings anymore. The next work session topic was the introduction of the harbor budget and their next resolution would be a recommendation to council on what to do with the 250-ton travelift policy and storage area. Other Reports, Special Presentatimts Vice Mayor \\'illard Dunham gave a report an the AML Summer Conference of Mayors. OTHER NEW BUSINESS Discussed, reviewed and sought guidance on the AVTEC land exchange concept. Community Development Director Bob Hicks briefed the council on the present situation with the AVTEC land exchange concept. After much discussion and information presented, council directed staff to contznue the land exchange project. Discussed scheduling the Economic Work Session. Oates briefed the council and public on the ..~ letter received by the Chamber ofCommerce, who had declined participating in this suggested work session. After discussion, council directed staff to not schedule another economic work session. 21 r l MEMORANDUM DATE: October 27, 2008 TO: Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann~~~ SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7`~ so that your comments can be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: G~~ ~YI'1Cl~i ~~ r~~ ~ ~ ~~ ~ o v~'~ ~~ ~~ ~~' .~ ho ~ ~ (~c~~~C -~aGi ~~ (~~ ~5 ~ Date i TIE l~Ea ~~ ~~{~ Y~ a ~ ~~~ 22 MEMORANDUM DATE: J October 27, 2008 TO: ~> Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenn, Associate Plann SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks b and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7~ so that your comments can be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case ~i I Have Comments On this Case: (attach separate sheet if needed) Commentrs: A ((~~ ~~ F~sG~r:C 4~t~1~• A..Gds Wl~~~-~~ C0.52ht~x.~S l-~ ~l~ 2~<G~r~t- he.c,~ll~~'vS ~1~... f s L rw-L 1 ~ V 1T~ c ~1~ ~ !d ~`.~ s ~-t.., f c~.,1../~ 1 nJ ~I W ~ ~ I„`,. J p (al.~e~L a ~, s~.k...1~s . CS~ioun s,n aTtwc~d ~.errC.! Wt l;~vx-S~ 4dC~T~ar....l GaS~h.~wTS1 t"e a~~o-,/ ¢I~eGTT.ti ~sei l~ ~.4~ ~0 OdrtTin~lJL /1or~l. ~.~.d Lw5'F ~o Ltc~ ~ ~t~ ~Jr~•~~, aw ~ ~Om~.`o~ t J~~~~ s-~-ce„d»,7 JS..~l~~ ~/~~ pews.- .~., ~~ A~r~~ ~; i; ~,~J „~dI,~.~;r~ ~ o„r VN/V ~,nIVt NI.~ +I. R~`~C yr..~ ~l~Ui/~~ r ~.~-- f~- /1~~3/aY Signed ~ Date 23 i ~ ~° ~ 5 ~~ fJ A h ---U.S.S. 703 --~------------ I LAILANAN REPLAS ~ -_ __ __ -- N ~ I -I ~- - b I /~ First Avenue First ~ ~~~ _ --------- __ [~ 1 Avenue ~~ ~ '--- ~~ < ~ ' ~, , , S8 09£ ~ Nl L&,LO.OOM~ ` G ~ - ~ - ~"f - - I - L~,~7 ,OL'66d 3„84,0O.OOS SB'£OZ ~ ~ ,za u ~ .o'c .ant %+. ~ Nv ~ ,0 L .[551 [ k[ a(,+ ,~\ 2~ \ \`~ 111 Y .l) i 4,~' ,- I ~, ~~ ~ I ~F+~ ~ JO' Uflllly E?s~ 1 - <,. I ~`~d' `'. '~ 1~~ ti O N o u v L--__ __ ~ ~e%[z 0 -p. w J ~d't` sat ~c 1 2 v ^ P i Paved NlnwmY ~ \. .: i . ~ ~' e'+ .,~ .~ .rte ~`` .\ ~ G ` ~ v N ~ 4I R N ~1 ~ m ~'1 ~A~_ 1 ~ ~ ° In a '' u ~ i ~ v, O ~ 9, '+M1;-~;ri. ~ ~ ~ 60.00' ~ i ~ I _ ~ ~ I O ...... ° I__. ' : .. - ~ a do - °I ~ ',c I n+ a ~ I • i.i~ N _ 1 `f. ~1' ' i I ~ ~i t.00'bS ~ - ~ - J. _- -I - ~. ~ .,OL`.'4Z9 .___ e; . o --- Second Avenue o m o o - N000078"E 310.01' - _ _ _ _ 7- r ~ 100.10 ~ ~ ~149.90~ etocK 7 I T ~ 60 1 ~ ~ BLOCK 14 ' i 'I I I ~ I I I C I ~ ~ I I ~ I~ Im ~ ~ r^ I Y I I b I m I V OI~ I~ N I ~ I b ~" I I o I b I ~ I V I 1 ~ I o ~ -Im I V ~ L-1-~--I--~-J_-J ~ L_.1-.~--I-=l__=1-~-~ so.oo~ ~--~---~--~- MEMORANDUM DATE: October 27, 2008 TO: Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer om Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat CppY AVTEC and City Administration have subnvtted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7m so that your comments can be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: I, ~-b ~+~~es~c5 -Fhsre is Koh A GL~y.~ }w,r,,,~~ ~oa-F w,~e aeeoas w.}l.~w-f ~oi.,S or~acu tit o~hE~' S'CDps~}~. ~s ~1,ECS p<-o~-a~aN~ }~ p11QW 'H-~5? Z. S~- Pp+?~'s +l.~c+e 15 No •~wc~ Arou,~ncl W~~rti~k~ o~D~..~ oa 4~~,~al5' -Pcapt~~~ . SS •1,Ec+t '~iroV14~<w14 -1~c ralle-~ ~k15~ 0 Signed Date 25 Anne Bailey From: cgriz@ak.net on behalf of Carol Griswold [cgriz@ak.net] Sent: Tuesday, November 18, 2008 4:50 PM To: Anne Bailey Cc: Dwayne Atwood Subject: Resolution 2008-17 F7i Anne, Re: 2008--17 I would like to recommend that the charted a_~adromous stream flowinq from First Lake should be noted in the description cf the new block 15A. Any federal, state, and local laws protecting this salmon stream should be enforced. T also had a question cn the plat cn page ~. I don't understand what r_he 20' X 155.7' X 23.3' area is on the west side n-" Block 6A, west of the 30' utility easement. This should be identified and noted as caell, if it is not. As others have oommented, this would be a good time to secare ot_:er state land in exchange for this co=:solidation, to be 'aced for any of the City's pressir•_g needs for lamed. Trank you, Carol Griswold BEG N-ANTISPAM-VOTING-L=NKS ------------------------------------------------------ Teach Car.It i'~ this mail (TD 11583421 is spam: Spam: http:/!192.168._.151/cani~/b.plip'?i=1158342&m=d61D61bOlafO&c=s Not. spam: http://7.92.768.=.151/cani~/b.php?i=1158342&m-dE1061bO1af0&c=n Forget vote: http:/%192.168._.151/cani~/b.php'?i=1158342&m=d6iD61h01af0&c=f END-ANTISPAM-VOTING-LINKS 1 26 ..~.a ~. ~.__~. ,:,. _. _...._~_..~~M.. ;} ~-~-~ City of reward fir Christy ti Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO CIItI ALASKA TOURISM, CORP. dba KENAI FJORllS TOURS TO CONSTRUCT AND OPERATE A 16 ROOM EMPLOYEE BUNKHOUSE ON TRACT A, CLEARVIEW SUBDIVISION NUMBER 3, LOCATED WEST OF ALICE STREET BETWEEN RESURRECTION BOULEVARD AND PHOENIX ROAD WITHIN THE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, CIRI Alaska Tourism dba Kenai Fjords Tours (KFT) has applied for a Conditional Use Permit (CUP) to construct and operate an employee bunkhouse on Tract A, Clearview Subdivision Number 3; and WHEREAS, the property is located West of Alice Street between Resurrection Boulevard and Phoenix Road, within the Auto Commercial Zoning District (AC); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), employee bunkhouses are allow within the Auto Commercial Zoning District (AC) by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notification process; on November 18, 2008, the Seward Planning and Zoning Conunission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to construct and operate a 16-unit employee bunkhouse on Tract A, Clearview Subdivision Number 3, and made the following Findings of Fact: 1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district Finding: This condition has been established or shall be through the conditions. The property is located within the Auto Commercial Zoning District (AC). Employee 28 Seward Planning and Zoning Commission Resolufion No. 2008-18 Page 2 of 5 bunkhouses are allowed in the Auto Commercial District by Conditional Use Permit. 2. The value of adjoining properly will not be significantly impaired Finding: This condition has been established or shall be through the conditions. The neighboring properties are a mix of residential and commercial uses. The parcels adjoining to the west and northwest are currently vacant land zoned Auto Commercial (AC) and owned by the CIRI Corporation. The parcels directly to the north across Resurrection Boulevard are zoned Two-Family Residential (R2) and contain single family homes. The pazcei to the south and southwest is a large, approximately 15 acre undeveloped tract currently zoned Resource Management (RNI). This tract of land contains a large area of wetlands and is currently used as a horse pasture. The parcels to the east across Alice Street are zoned Auto Commercial (AC) and currently contain commercial structures, the Marina Motel and the CrCI cable building. There is no indication the development will negatively impact the value of any of adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This Condition has been met. There is an identified community need for seasonal housing in Sewazd, and development of a bunkhouse for seasonal employees is consistent with the Seward Comprehensive and Strategic Plans. In order to improve the appearance of Seward throughout the city, the Comprehensive Plan recommends continuing to require landscaping plans as part of conditional use permits, where feasible. Seward 2020 Comprehensive Plan (approved by Council, 2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Sewazd's growing housing needs. Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Sewazd's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction of residential and seasonal housing at all market levels. 4. Public Services and facilities are adequate to serve the proposed use. 29 Seward Planning and Zoning Commission Resolution No. 2008-18 Page 3 of 5 Finding: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. There is no evidence bunkhouse development will cause any additional concerns to public safety, health or welfare. The construction shall meet all can ent building and fire code requirements and be reviewed through the building permit process. Adequate fire, police and solid waste disposal services are available to the property. Landscaping and/or the retention of as much of the vegetative barrier to the north and northwest are intended by the developer. 6. Any and all specf:c conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies sixteen (16) on-site parking spaces for the bunkhouse, and the vehicle ingress and egress route. The applicant shall also identify delivery access and egress for service vehicles. 2. Construction waste and debris shall be removed weekly and upon completion of construction. A bear safe gazbage plan shall be approved during the Building Permit process. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Boulevazd. Upon completion of the project the applicant shall re-plant those areas disturbed by the construction. 5. Exterior lighting shall be approved during the Building Permit process in 30 Seward Planning and Zoning Commission Resolution No. 2008-18 Page 4 of 5 accordance with SCC§15.10.215(h.)(1.) 6. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. Section 2. The Planning and 7...oning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a conditional use permit to CIRI Alaska Tourism dba Kenai Fjords Tours (KFT) to construct and operate a 16-unit employee bunkhouse subject to the above conditions. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16~' day of December 2008. THE CITY OF SEWARD Margaret Anderson, Vice-Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Two 31 P&Z Agenda Statement, Meeting Date: December 16, 2008 (h ; V~' . ; Through: Christy Terry, Community Develop 1ment Director From: Donna Glenz, Associate Planner ~p ~'v~ Agenda Item: Request for a CUP by CIRI Corp. dba Kenai Fjords Tours (KFT) to construct and operate an employee bunkhouse on Tract A, Clearview Subdivision Number 3, within the Auto Commercial Zoning District (AC). BACKGROUND & JUSTIFICATION: Kenai Fjords Tours (KFT) has applied for a Conditional Use Permit (CUP) to develop and operate a 16-unit employee bunkhouse on Tract A, Clearview Subdivision Number 3. This parcel is approximately 2 acres in size, to be found West of Alice Street between Resurrection Boulevard and Phoenix Road. The property is located in the Auto Commercial Zoning District. The parcel currently contains a wazehouse and parking for the KFT buses and harbor clients. An employee bunkhouse is allowed in the Auto Commercial Zoning District (AC) as a conditionally permitted use by Seward City Code, Land Uses Allowed, Table§ 15.10.225. SURROUNDING LAND USE AND ZONING: The intent of the Auto Commercial District (AC) is as follows: SCC§ 15.050.025, Land Use Districts--Established, Definitions, (8), Auto commercial district (AC). Intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and pazking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The neighboring properties are a mix of residential and commercial uses. The pazcels adjoining to the West and Northwest are currently vacant and zoned Auto Commercial (AC), those pazcels are owned by the CIRI Corporation. The parcels directly to the North across Resurrection Boulevazd aze zoned Two-Family Residential (R2} and contain single family homes. The parcel to the Sauth and Southwest is a lazge, approximately 15 acre undeveloped tract currently zoned Resource Management (RM). This tract of land contains a lazge area of wetlands and is currently used as a horse pasture. The pazcels to the East across Alice Street aze zoned Auto Commercial and currently contain commercial structures, the Marina Motel and the GCI cable building. There is no indication the development will negatively impact the value of any of adjoining properties. 32 Development Requirements: The proposed bunkhouse development meets the Zoning Code Development Requirements (Table 15.10.220), and Land Uses Allowed (Table 15.10.225) including building setbacks, lot coverage, building height, and minimum lot width. Floodp[ain status: According to the FEMA Flood Insurance Rate Map, a small portion of the Southwest corner of the property is located in a flood hazard area. The applicant intends to continue to use that portion of the property as open space for parking. Utilities: Water, sewer, and power are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. Ciry code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. Parking: The "Coning Code requires one parking space per guest room for lodging, rooming and boarding houses. Therefore the 16 room bunkhouse will require 16 on-site parking spaces. The parking plan indicates there is adequate space for the required parking for the proposed bunkhouse and the existing warehouse use. Landscaping: in accordance with Seward City Code § 15.10.235.L. AIZ areas not devoted to buildings, drives, walks, parking areas or other authorized installations must be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. The applicant has stated within the proposed development plan the intent is to retain as much natural tree and vegetation growth as possible on the north and west portions of the property. CONSISTENCY CHECKLIST: There is an identified community need for seasonal housing in Seward, and development of a bunkhouse for seasonal employees is consistent with both the Seward Comprehensive and Strategic Plans. Both plans encourage economic development and growth. In order to improve the appearance of Sewazd throughout the city, the Comprehensive Plan recommends continuing to require landscaping plans as part of conditional use permits, where feasible. Seward 2020 Comprehensive Plan (approved by Council, 2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 33 Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the Ciiy (page 9). • Encourage construction of residential and seasonal housing at all market levels. Property owners within three hundred (300) feet of Tract A, Clearview Subdivision, were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code § 15. 01.040 were complied with. Staff received several written public comments and these have been included in the packet. Mr. Capra's comments were received on November 10, 2008 and staffincorporated additional conditions for the CUP based on his concerns. If additional comments are received after this publication, they will be presented to the Commission al the December 16, 2008 meeting. PROPOSED CONDITIONS: The administration recommends imposition of the following condition for the permit: 1. Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies sixteen (16) on-site parking spaces for the bunkhouse, and the vehicle ingress and egress route. The applicant shall also identify delivery access and egress for service vehicles. 2. Construction waste and debris shall be removed weekly and upon completion of construction. A bear safe garbage plan shall be approved during the Building Permit process. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Boulevard. Upon completion of the project the applicant shall re-plant those areas disturbed by the construction. 5. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.) 6. The Planning and "Coning Commission may modify this conditional use permit 34 if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. 1t~CUMMENDATION: The Community Development Department staff recommends approval of Resolution 2008-18 granting a Conditional Use Permit to construct and operate a 16 unit employee bunkhouse to C,IRI Corp. dba Kenai Fjords Tours (KFT), located on Tract A, Clearview Subdivision Number 3, within the Auto Commercial Zoning District (AC). The Resolution includes the conditions recommended above. 35 ~\ `_ ~t JE~I FjQRD6 ~ Q u R S October 10, 2008 City of Seward Community Development Office Mrs. Donna Glenz PO Box 167 Seward, Alaska 99664 Dear Mrs. Glenz: CITY OF SEYVARD + E OCT - 9 2008 PLANNING OFFICE Please find attached our conditional use permit application for our proposed facility at 211 Resurrection Blvd. Kenai Fjords Tours is requesting the City of Seward, Planning and Zoning department, review our application for an employee housing facility on this property. Kenai Fjords Tours is an important employer in Seward and we have been experiencing an acute shortage of housing for our employees. It has become challenging to find employees that have or can acquire their own housing during the summer season. We hope that this facility will help alleviate these concerns for us and also help ease the burden for other employers. The development on this 1.9 acre property currently consists of a warehouse and a parking lot. The lot is zoned auto/commercial and this proposed project fits within that zoning. The current parking lot covers over 70% of the property and has room for more than 100 automobiles. Parking for this facility will be contained on this property. Last year our parent company purchased three adjacent lots; Clearview No. 6, lots 20-22. These lots will be used to further increase the available parking in this area next year, effectively doubling our parking capacity. We intend to leave the existing greenbelt on the north side, between this project and Resurrection Blvd, intact. The building itself is scheduled to be constructed of exterior painted siding with trim around doors and windows. The entrance and exit for the occupants will be facing south and access will be from the south side. There is ample parking available. Sincer , Ron Wille Operations Manager Cc: Dan McDonald PO Box 1889 • Seward AK 99664 ~ 36 ) 224-8068 • Fax (907) 224-8934 `I. CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 ~ Seward, Alaska 99684 (907) 224-4048 CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the #irst Tuesday of each month. The application must be accompanied by the 5250.00 filing fee; and if property .is already developed, an as-built survey prepared by a surveyor registered in the Stale of Alaska; or scaled site and elevation plans for undeveloped land. APPLICANT INFORMATION Applicant: Ciri Alaska Tourism Corp - dba/Kenai Fjords Tours Address: PO Box 1889 Telephone No.: g07_~24-8068 Property Owner (if other than applscant): Address: PROPERTY DESCRIPTION Telephone No.: Address: 11 ResurreCtlOn BIVd. Lot Size: 1.gg (acres!5F) Lot TR. A glocx Subdivision Clearyjew SUbd No 3 Tax Parcel Nn. 145 -~ Q~Qg Land Use Plar, Designation: DEVELOPMENT PROPOSAL INFORMATION Zoning Designation: Auto Commercial A. What structures are located on the property? ~larehouse B. What is the existing use of the property? Warehouse and Parking Lot C. What is the proposed use of the property Warehouse. Bunkhouse and Parking Lot D. What is your development time schedule? _ 2008-2009 CUP PEflM1T 11/99 37 3 of 3 G h E, Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit (CUPj, it shall be established that the use satisfies the foliawing conditions (SCC § 15.10.320): The applicant hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Code and the purposes of the zoning district: current zoning is AutolCommercial and this use is consistent with the zoning. 2. The value of the adjoining property will not be significantly impaired: will not be impaired. We abut two city streets and our parent company. we will re his area and replace em wi We also plan to leave alas tie existing greenbelt petween our ne and Resurrection Blvd as possible. 3. The proposed use is in harmony with the Seward Comprehensive Plan: 4. Public services and facilities are adequate to serve the proposed use: ~e~ there is accessible water and sewer located adjacent to this lot. 5. The proposed use wiEl not be harmful to the public safety, health or welfare: No. this facility will help alleviate a current summer housing shortage in Seward. .~ Any and all specific conditions deemed necessary by the commission to fulfill the above- meniioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. CUP PFAMrr T'I/99 2of3 38 F. Include building elevation plans and a site plan, drawn to scale. The site plan should include: a) property dimensions; b] location and dimensions of existing and planned buildings; c) parking configuration; d1 driveways/access; e1 natural features; and f) other pertinent information- " 1 hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: ( - Owner of record; ( ) Lessee; ( ] Contract Purchaser; be 1 Authorized to act for a person who has the following legal interest: Ciri Alaska Tourism Corp dba Kenai Fiords Tours I also understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Wednesday of each month. Applicant's Property Ov Enclosed: Fee: $25Q fx ) Site Plan ix ) Elevation Plans (x ) Location Map (x ) • Other Cover Letter (x ) C cuP PrttMrr i rrss G 3of3 39 0 v LIb1NG uRFA ~: ~u it r ~,S~i., r't-oJl.~ _~ ;~~•.~ ,. - J '~II~SIU'~~ ~ L ~^~W~I~G': r~ ~ ~ ~ ~ I ~ ~ ~ ~ ~~ ~ ~ 1 I J"~ ~ ~ ~ ~~ ~-----1--L-U ~~~JM ~. ~~YTUf~ N -~~ L'LEAR t/lEW SUED, RESURRECTION BLVD o L=57.00' R=323.00' S89'42'23"W 263.39' `69.9 v ~ - _~_- - -m-_---------, so' f 119, 2' 130.0' ~< ~ ~ 22 (1 a O j ~O Z ~ O ~ W ' ti 21 Extsting Bu1rdlnq ,~ 1?.D' -~..- b 12. a' ~ - ~ ~. "~ y~~"~ ~ 'v "a f ~y,, ^C .4........ ~ ~ ~ to'x2s' walenr n I Easement ry 1 r ~ W ~ M D I~ ~ ~ ~ I ~ ~ ~ ~ I a Z ~ y I I 65' N89 21 '35 "E 304.88' PHDEN/X RDAD TRACT 5 DAIRY H/LL SL/8D. ~ , ~~„ eo+~ '~ s} Wm, Nicholas Cline cERnFlcAnanl Boundary location is per Plot 95-31 Seword Recording Olstrlct Any eosemenfs, restrlcGons or building selbocks not shown an the race-d documents noted hereon are not Included In this surrey, Jhae are other imoiovements on this porcel that are not includes ]n this survey. ~ 60 120 s ~ GRAPHIC SCALE LEGEND Found RB & Al. Cop LS 3753 ® Found R8 & Pi, Cap LS 7569 ~ Found RB, replaced with RB do Pi. Cop, LS 7569 OATS' OF SURYEY,• 10/03/2008 RfCORD DOCt/MfN75• Plot No. 95-,~1, Seward Recording District Plat No. 7005-15, Seword Recording DJstrlct BUILD/NG LOCATION St/RVEY TRACT A CLEARVIEW SUBDIVISION ND, 3 with/n Section 3, 77N, R1W, SM., Ak. CLINE & ASSOC/A TES a. o. eax 27D3 SEWARD, ALASKA 99664 9a7 224-7324 FIELD BOOK.•08-OB DATE• 10/06/08 DWG: 08-,38A SCALE• 1 "=80' __ BEAR DRIVE w ~ w ~ x _ : _ _ _ _ __ __ __ ~ c j w 0 °° Z z __ O w a _ ._ O _ : ~ _ _ ~ MARATHON DRIVE ? , Q' U ~ w ~ ., _ _ ~ ~ Approx location ,- Q of proposed employee U Bunkhouse ; Q" __ _ ~ Q __ _. , ~/ ~ ; w ~ Kenai Fjords Tours Bunkhouse CUP 0 130 260 Feet I I I _~ 0 Tract A U Clearview #3 J Q PORT AVENUE . J __ ~ Q _ __ _: 2 i P8~Z Resolution 2008-18 N Draw" By: D.Glenz Between Resurrection Blvd 8 Phoenix Rd Alaska Mapco. gate: December 16, 2008 ~ 44 RECEIVEQ P.O. Box 1574 CJOV 1 0 2008 November 10, 2008 212 Resurrection Blvd. Seward, Alaska 99664 Per. z~.°.`~" I ~ PAGE.I ~.OF.~_ Seward Plamiing & Zoning Commission: I have some concerns and questions regarding Resolution 2008-18, granting a conditional use permit to CIRI Alaska Tourism, Corp to construct and operate a 16-room employee bunkhouse on tract A, Clearview Subdivision Number 3. I have always regarded CERI- Kenai Fjords Tours as a good neighbor, and hope they will work with the city to address some my concerns and those of my neighbors. I ask that the following considerations be discussed, questions answered, and specific conditions set during your November 18 Public Hearing: ^ What is the real zoning difference between a bunkhouse, an apartment complex, a condo, etc. What makes a bunkhouse a bunkhouse? What kinds of restrictions are not placed upon bunkhouses that are placed upon other similar buildings? Are there other specifically zoned bunkhouses within or adjoining other family neighborhoods in Seward? ^ The bunkhouse will have 16 rooms. How many workers will be housed in each room? What will be the total number of residents be? ^ How will parking be planned to make sure cars don't line up along Alice Street and Resurrection Blvd.? ^ The draft resolution states that conditions have or shall be established for the following Finding of Fact: "The value of adjoining property will not be significantly impaired... There is no indication the development will negatively impact the value of any of the adjoining properties.'' -- What are the specific indicators that have determined there will be no negative impact? -- How were these indicators determined as criteria.? -- What specific evidence is there that these indicators show there will be no negative impact to the neighborhood, especially the residential properties? -- In their permit application, CIRI states: "No, the value of the adjoining property will not be impaired." I would like them to address, with evidence, how they came to that conclusion. ^ I have been told that, during discussions with CIRI, the city recommended the building be placed in a different location on the property but that CIRI did not want to do this. If this is so, I would like specific details as to what the city recommended and why, and why CIRI did not agree. 45 ^ RECEIVED No`J 1 o Zoos Per z~`d- r~ PAGE.z-_OF_a The draft resolution states that the Comprehensive Plan encourages developing affordable housing for Seward's growth. The Strategic Plan lists a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. I would strongly suggest that, although this philosophy is sound, there is a definite conflict between placing these "seasonal'' needs right next to long term housing -- permanent, family homes. Although these homes are on the edge of Auto Commercial, Industrial and Institutional districts, at some point there needs to be a line drawn to protect family- oriented neighborhoods. I suggest we're starting to cross that line in the Clearview Subdivision with. projects like this. I would like this issue discussed and the commission's philosophy about this aired publicly. ^ The draft resolution states that the developer intends the "retention of as much of the vegetative barrier to the north and northwest." Whatever the final plan, this nceds to be a set, agreed-upon condition that has been approved by both the city and the nearby properties. It shouldn't be a question of "intention." A high vegetative barrier needs to remain intact for privacy purposes. I would remind the commission that this is a 16- room, two story building. There are windows on that second floor looking over private homes. ^ In regard to the above, the commission should require that any outside lighting be shielded so as to not disturb family homes to the north. Garbage should also be shielded from view. ^ The draft resolution states that is no concern for public safety. I don't agree. We all know that the employees housed in the bunkhouse will not walk north to use the Seward Highway underpass in order to get to work. They will head south and jaywalk across the highway. They will do the same thing returning to the bunkhouse. This is a safety issue that needs to be addressed. ^ Determine what future plans CIRI has for the property. Will we be looking at increasing this to 24 or 36 rooms in the future? Will an increase require a further conditional use permit? Consider putting a limit on the total number of rooms that could be added. ^ How will the property be utilized in the w7nter when there are no or few seasonal workers? Will we be looking at future conditional use permits for situations that do not fall under bunkhouse use? If so, let's talk about that now'. If not, let that be part of the record. When the property was rezoned not long ago, there was no talk of building a bunkhouse. It was assumed that it would continue in its current function. This bunkhouse has come as a surprise to those of us living on its edge. What other surprises may be in store? 46 In summary, I ask the commission to consider the above recommendations as well as those that follow: R ~ CEI ~~~~ ^ Reexamine the building's position to ensure that windows don't face NO U 1 ~ 2u00 family housing on the north. Consider that a requirement. pef.z~~,r~ .~ ^ Regardless of the final outcome, require that a strong vegetative barrier be PAGE ..Of.~ placed along the north and northwest boundary to protect the privacy of the family homes, even if that means planting new trees. Require that outside lighting be shielded as well as garbage receptacles and any other items that would detract from a residential area. ^ Require that parking be adequate for the number of residents. The argument will be that most of these workers do not have cars. That may or may not be the case. There's no guarantee. An adequate amount of space per allowed resident must be allotted. ^ Consider how to mitigate the unsafe conditions caused by employees crossing the Seward Highway on their way to work, rather than using the underpass designed for that purpose. ^ Carefully consider the implications of extending "bunkhouses" onto the edges of permanent family subdivisions. Traditionally, these kinds of facilities have been located in the boat harbor area, and for good reason. Once you start allowing them into neighborhoods or along their edges, you're setting a precedent that begins to change the character of the town, ^ Finally, I want to say that I am not encouraged by the process of notification.. As a nearby property owner, the first I heard of this officially was on Nov. 6, 2008 when I received a notice of the public hearing. If this is how public notification works (and I have no reason to believe that the process wasn't followed correctly), then the process needs to change. The perception becomes that plans have already progressed so far that it's pretty much a "done deal'' -that meetings have taken place and deals have been struck. I'm not suggesting that's the case here, but I am suggesting that perceptions count and have much to do with maintaining the public trust. The city and CIRI certainly had no legal obligation to involve neighboring property owners in some of this preplanning, but it may have helped from the point of view of public relations. Sincerely, Doug Capra NuNn ~el~~r,.~e ~ Il1tolog (~~f~y.~ iwcluL= iw vl?Q2~,n.~ ~ RC~. 47 ~d ~G~k ~`~~~ J e ~" ~GL ~T (c~S (~ ~ ~J ~l~i~l~/'~I `~ /~ c~~~~~ ,~ j~~ ':1 NOV 1 4 2008 ~J `~ j ~~(~~ ~YI ~iv1 C~ Cv."Z~lvv2 , 5 S ~ d~ ~`'~ /~ ~~ ~ ~o C l h~ J ~9 /~ spa ~~~ ~'s~, C e-t/. f o-~ ~f ' Gu-- C~~s ~r~-~; ~ ~ ~,~~ ~ t, ~ ~ ~-~~~ ~~a~~~~ h (s~~~-~~,~~ /~~ ~ / v ` l d i/1 ~rs o-~-i) ~~!.i /7 ~ `~G''~! --~ Cy"Yl /NL+ ~ ~ ~ l ~c7/` 11l C acv -. ~ ~~~ ~~~ ~; ,~~~ / ~,~ ~~~~ ~/az~ ~~~ ~'~s~ ~e~a~~s f `~`~ ~ /~~~ ~ ,I~, ~~ W~,~~ .. ~/f !7l"I1 I ~ ~ ~~ SLR->~1i~2~s~ ~E~1~/ -e.~-4 ~~~-~~ :emu. ~ ~ ~- ,^y_ ~' ~s6~u,~f~~ ~C~~-~~ CCU V~-~ (/~~'!Tj ~ ~I•Le- /~~,~LCIiC~~ ~ut~-( ~ 1""O~j~CX 7'Gdr ~~%t, is vyr Cry y®O~, / tee-- ~~e~d'rt~c,Te~l ~S a ~7 c~ "r~-cs ~~ h ds ~ e~~r ~ ~~~~: e~t~ ~~dC.G (O ~-, µe...~,, --L 1 ~ ~ /~~ J e ~~ ~~ y cr~ r! lu~ ~~.s r ~ ~ `5"`-ate ,L~u~y,' ~~"Gz~y,~,~, -~iJ l © t~e ~~~7~'-Z~~i , U :sue C~~,~ ~pr~:1~ /// -~-- / / ~i> ~ ~ c2uG~' ~~~~ o~~~ .,~ Y~/~~;~ e~ z f~ ,~ ~~~ . // //~~ !~ ~~~ ~ ~~~~~ r ~l ~~, ~~sra ~~ l~ r?~©i~~~-~~s~ aid ~s ~- ~-- ~, ~-.- J 49 r~ j~e sDl~ c~ ~ G'~~'--/g ~~~ 67`S a ~ ~ ~t R es r~ ~ ~ %~ ~'~~ are u~a~e ~ S ,~c.~%~-~ /1'l ~ ~~ ~`~' es~ C~Gc~I? r 5 ~~. ~~w CC~s~r'~,cc7~r~ c~ ~o~r`~~~~a~~.ra j~ s 9~y r~ ~~ ~ ~~ ,~~; ~~~di c~~~„ ~ ~ y ~ ~-~ -~ ~~~~ ~ Z %- ~~ Cl~ar~/cs ~ ~~~ C~ 50 ~- ¢: k,. ,'RECEIVED ~~V 14 2006 Per Cow~,_v_t. _17EU. ~li1C'YYi.' ~ a r..~~e~'' ~~~~~-~ ~p~.~~~" ~~~ ~~~~ ~~, ~~1~ 5~~~~~ -~.~ ~.~ ~ , /~~.c~a-a z ~ ~ ~~ ~~ ~ ,~ ~ ~ ~ ~ ~ ~ ;~ ~ ~n~ ~ ~ ~ ~~n~~~ I _ I /~'~ l1/~-Q~ . ~ J ~ . 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P.O. Box 151 Seward, AK 99664 17 Nov 08 Seward Planning & Zoning Commission This letter is in regards to the Conditional Use permit application for a seasonal bunkhouse in our neighborhood of Resurrection Blvd, Alice St. and Phoenix Rd. by Kenai Fjords Tours. I live next to this area at 1621 Resurrection Blvd. Please keep in mind as you discuss the construction and use of a bunkhouse in our neighborhood that we are a small community here. We like our homes being away from the tourist crowds and seasonal traffic of summer. Summer temporary employees living near our homes do not have the same regard as we do concerning quiet evenings, litter, and family activities. The current parking lot at that location operated by Kenai Fjords Tours has people and vehicle traffic from early in the morning till late at night all summer long. This increases the traffic on our road, and causes us concern when we see strangers walking the neighborhood. Please come up with a solution that respects our living in this area. Could the bunkhouse be located on the Phoenix Road side of their property, with access from that side, thus keeping it a bit further away? Could the bunkhouse be limited to a one story building, preserving our views and being less noticeable? Thank you for your consideration and dedication to Seward. ., : , ~," /' ` ". Paul Rupple 1621 Resurrection Blvd 224-6820 ~~~~~~ NOV 1 7 2008 ~:;~: ~. SEC ~ ~, 2008 i~er.........._.,.. PAGE....0~~... Seward Planning & Zoning Commission Dec. 8, 2008 P.O. Box 167 Seward, Alaska 99564-0167 Re: Bunkhouse Dear Commission Members; I have been sent a notice of you possibly granting a conditional use permit for a bunkhouse because t five within 300 feet of this proposed structure. I can't think of any reasonable reason to build such a facility adjacent to residential housing. It seems this area now is used for storage, bus parking and customer automobile parking. It is fairly quiet and so far, has had no big impact on the area. A facility of this nature is going to place almost one hundred transient workers in our neighborhood. Not a good idea. I'm sure that most of these people will be honest and hard workers. I am also sure that there will be a number of these workers that would not be welcome into any neighborhood. This will also put a lot of pedestrian traffic on our streets and alley-ways, all hours of the day and night. I really don't want to have to put a lock on my back gate and leave the porch lights on for security. I would surely hope that you will deny this conditional use permit for this area. I'm sure there is better suited property for this type of facility. Thank you for your time and consideration in this matter. George Long 205 Marathon Dr. P.O.Box 2726 Seward, Alaska 99664 57 Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-20 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, ADOPTING THE RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION WHEREAS, at the May 8, 2008 Planning and Zoning meeting the Commission approved the Planning Commission Priorities for 2008; and WHEREAS, one of the priorities was to develop the Planning and Zoning Commission Rules of Procedure; and WHEREAS, the Rules of Procedures for the Planning and Zoning Commission were prepared by City staff and many of the provisions were taken from the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedures; and WHEREAS, the Rules of Procedure for the Planning and Zoning Commission is a set of rules to guide the Planning and Zoning Commission in carrying out the public process and assist the Commissioners in carrying out the duties of their office; and WHEREAS, failure to adhere to the Rules of Procedure for the Planning and Zoning Commission does not invalidate any Commission actions; and WHEREAS, the Commission reviewed the Rules of Procedure for the Planning and Zoning Commission at the September 10, 2008, October 21, 2008 and December 2, 2008 work sessions. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission adopts the Rules of Procedures for the Planning and Zoning Commission. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16th day of December 2008. 58 P&Z Agenda Statement Meeting Date: December 16, 2008 To: Planning and Zoning Commission From: Community Development Director Christy Terr Agenda Item: Adopting the Rules of Procedure for the Planning and Zoning Commission BACKGROUND & JUSTIFICATION: At the May 8, 2008 Planning and Zoning meeting the Commission approved the Planning Commission Priorities for 2008. One of the priorities was to develop the Planning and Zoning Commission Rulcs of Procedures. Community Development Director/ Contract Administrator Bob Hicks created the Rules of Procedure for the Planning and Zoning Commission utilizing the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedures. The Rules of Procedure for the Planning and Zoning Commission are a set of rules to guide the Planning and Zoning Commission in carrying out the public process and assist the Commissioners in carrying out the duties of their office. Failure to adhere to the Rules of Procedure for the Planning and Zoning Commission does not invalidate any Commission actions. At the September 10, 2008, October 21, 2008, and December 2, 2008 Planning and 7,oning Work Sessions the Commission reviewed and commented on the Rules of Procedures. The changes and suggestions the Commissioners made have been incorporated in the Planning and Zoning Rules of Procedure. The Commission had some outstanding questions from the December 2' 2008 work session and these were addressed in the following manner: 1) Question/Issue: Should numbers be spelled out or in numerical form within the document? Response: Granunatical rules dictate that single-digit numbers are spelled out while numerals are used for numbers greater then nine. One variation on this rule is that numbers within the same category should be consistent. For example: minutes and Rules throughout the document are written as numerals. 2) Question/Issue: Is there an outstanding issue with Rule 11 regarding how the rule is written or how this rule is implemented at the Council level? Response: Attached you will find the review by the City Clerk. Based on her further comments I added to bullet (a), "The time for conclusion of business and adjournment is mandatory." Page 1 of 2 59 3) Question/Issue: The Commission asked for clarifying changes to Rule 21 bullet (f). Response: Please review the rewording of this rule for your approval: (f) Unless otherwise stated, a Commission resolution takes effect at the time of passage. However, a Commission resolution adopted pursuant to any zoning provision of the Seward City Code Chapter 15.10 becomes effective when the approved resolution has been posted in at least three public places continuously for ten days. 4) Question/Issue: The Commission asked for clarifying changes Rule 30 bullet (c). Response: Please review the rewording of this rule for your approval: (c) Every commissioners shall, promptly upon receipt, deliver to the administrative official for safe keeping in city offices any item given to them pertaining to official business of the Commission, except when authorized by the administrative official in writing to retain custody at some other specified location for a specified period of time for official reasons or for purposes of safekeeping the records, all of which must be stated clearly in that written authorization. 5) Question/Issue: How was the language developed for Rule 31? Response: Please see attached Alaska Public Offices Commission information for filers financial disclosure forms. These forms are marked `draft' and will be adopted in January. Based on a discussion with that state office, I amended this rule to include only dependent children. If the Commission chooses, they can amend this rule to include non- dependent children living with them and/or can include any other additional family members. Also, the referenced $5,000 is the amount cited in the 2007 revisions to the Executive Branch Ethics Act. The commission can change this if they feel another amount is more appropriate. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. RECOMMENDATION: Approve Resolution 2008-20 adopting the Rules of Procedures for the Planning and Zoning Commission. Page2of2 60 SECTION I -GENERAL PROVISIONS RULE 1. ORGANIZATION OF THE COMMISSION. (a) The Seward Planning and Zoning Commission ("Commission") consists of seven citizens who shall reside in the City of Seward ("City") appointed by the City Council pursuant to ordinance procedures. INTO officer or employee of the City may be a member of the Commission. [SCC§2.30.210(a)] (b) A chair and avice-chair of the Commission shall be selected annually from and by the Commission, during the first meeting in March. [SCC§2.30.210(b)] RULE 2. POWERS AND DUTIES OF THE COMMISSION. (a) The Commission shall perform all of the duties delegated to it by ordinances in the Seward City Code including implementing the relevant provisions of the Seward City Code to • review the City of Seward Comprehensive Plan at least once each calendar year, in a manner including at least one public hearing, and forward recommendations to the City Council annually, • promote public interest and understanding of community planning and development, platting, zoning, land management and land use regulation, • decide requests for variance permits, conditional use permits and other matters pertaining to land use regulation in the City, • interpret land use regulations and make compliance determinations when requested by the administrative official or an aggrieved appellant, • act as an adviser to the City Council in all matters pertaining to land use planning and regulation, including holding a public hearing and forwarding recommendations before the City Council amends or repeals any provision of Seward City Code, Title 15, and • act in an advisory capacity to the Kenai Peninsula Borough Planning Commission in matters pertaining to: (A) subdivision plat proposals, (B) right of way and easement vacations, (C) development and amendment of the Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan, and 61 (D) City of Seward Comprehensive Plan amendments not otherwise delegated by the Borough to the City of Seward. [SCC §2.30.225, SCC § 15.01.035(c)(2) & (3)] RULE 3. ADMINISTRATION. (a) As directed by the city manager, the Community Development Department (referred to as the "administrative official") provides the administrative support for the Commission and its commissioners. (b) The administrative official will attend all Commission meetings, and will provide to the Commission the resources necessary for effective governance in planning, platting and land use regulation, including administrative support, training, advice, recommendations, and facilitation of Commission meetings and actions. At regular meetings of the Commission, the administrative official will report on matters pertaining to the administration of planning, platting and land use regulation. (c) The administrative official is authorized to receive, review and process all correspondence addressed to the Commission or to commissioners in their official capacity. Commissioners shall forward to the administrative official all correspondence pertaining to official business of the Commission. (d) The Commission is not authorized to employ or direct the employment or removal of any administration officer or employee of the City. [Charter of the City of Seward §3.6 (c)] RULE 4. APPLICATION OF RULES AND CONFLICT OF LAWS. These Rules of Procedure ("Rules") govern the procedures and practices of the Commission to the full extent that they are consistent with laws applying to the City. Whenever an ambiguity or conflict exists between these Rules and another law applying to the City, the law prevails. SECTION II -COMMISSION MEETINGS RULE 5. OPEN AND PUBLIC MEETINGS. (a) The Commission is a body that possesses authority to establish policy and make decisions. Therefore, except as provided in RULE 6 below, all meetings of the Commission must be duly noticed, must be open to the public, and must allow a reasonable opportunity for the public to be heard. [AS 44.62.310(h)(2)(A)] (b) A "meeting" of the Commission occurs whenever a matter that the Commission is empowered to act upon is considered or discussed • collectively by more than three members or a majority of seated commissioners, whichever is less, present at the location, including unplanned, casual or social contacts and gatherings, or • in a series of conversations or communiques closely related in time and subject matter, and cumulatively involving more than three members or a majority of 2 62 seated commissioners, even if no single conversation or communique engaged more then three members or a majority of seated commissioners, and even if non- commissioners were the conduits for the eventual engagement of a majority of seated commissioners. (c) The word "meeting" includes every step of the inquiry, deliberations and decisional process by the commissioners, including work sessions, committee gatherings, investigations, fact-gathering, lobbying, and informal discussions about matters of Commission business. (d) Minor and routine procedural and administrative topics may be addressed collectively or in a series if the inquiry or discussion • is directed through the administrative otlicial for appropriate forwarding to other commissioners, and • does not address or affect the substantive business of the Commission. RULE 6. EXECUTIVE SESSIONS AND QUASI-JUDICIAL PROCEEDINGS. (a) In a duly noticed and convened public meeting, the Commission may decide by motion and majority vote to recess into executive session, but only if • the motion in open session specifically describes the subject of the proposed executive session (without defeating the purpose of addressing the subject in private), and • the subject of the motion and the executive session is limited to i. matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City, or ii. matters of attorney-client privilege narrowly defined, or iii. subjects that tend to prejudice the reputation and character of any person, provided, that person must receive reasonable prior notice of the proposed executive session and may request a public discussion instead of an executive session, or iv. matters which by law, charter or ordinance are required to be confidential, or v. matters invoh~ing consideration of government records that by law are not subject to public disclosure, and 3 63 • no action is taken in the executive session except to give direction to an attorney or labor negotiator regarding either the handling of a specific legal matter or pending labor negotiations. [AS 44.62.310(c)] (b) When the Commission is acting in its appellate capacity reviewing a decision by the administrative official pertaining to one or more specific, identified person, small group or entity, or when the Commission is acting in any other quasi-judicial capacity in which the rights of one or more specific, identified person, small group or entity are being determined, the hearing of evidence and argument by the parties shall be open to the public. The actual vote on the final decision of the Commission shall occur in open session, however the Commission may conduct any or all other steps of the deliberation and decisional process in a closed session, unless a majority of the Commission decides to continue all or part of this process in an open session. [SCC § 15.10.415(c)] RULE 7. REGULAR MEETINGS. The Commission shall convene regular meetings at 7:30 p.m. on the first Tuesday of each month. [SCC §2.30.220(a)] RULE 8. SPECIAL MEETINGS. (a) Special meetings may be held at the call of the chair, the city manager, or a majority of the Commission. [SCC §2.30.220(a)] (h) The Commission authorizes the administrative official to call a duly noticed special meeting at 7:30 p.m. on any third Tuesday of the month if • an application for a Commission decision requiring a public hearing has been received by the administrative official in accurate and complete form and status at least three weeks prior to the special meeting, and • the public-hearing meeting can be and has been duly noticed in accordance with law. RULE 9. WORK SESSIONS. (a) Work sessions convened for the purpose of inquiry and deliberation only. No formal agenda is necessary, and the chair may, in his or her discretion, relax Robert's Rules and other measures designed for conducting formal proceedings. The Commission may not take any action during a special meeting noticed and convened as a work session. (b) The Commission may convene a work session at 6:30 p.m. on the third Tuesday of each month. RULE 10. MEETING LOCATIONS. All regular meetings of the Commission must be held in the council chambers of the Seward City Hall at 410 Adams Street. Special meetings, including work sessions, may be held in the council chambers, in the second floor conference room of the Seward City Hall, or at any other location within the City if 4 64 that other location is sufficient to accommodate a reasonable estimate of public attendance. RULE 11. ADJOURNMENT OF MEETINGS. (a) The Commission shall not adjourn any regular or special meeting prior to 11:00 p.m. unless all members of the general public present and wishing to testify have been afforded the allotted time for their presentations and comments. [SCC §2.30.221(c)] (b) The Commission shall adjourn all meetings no later than 11:00 p.m. The time for conclusion of business and adjournment is mandatory. If the business of the Commission at that meeting has not been completed, the Commission may • recess the meeting to another specific day, time and location announced to the public in attendance at the time the meeting is recessing, or • adjourn the meeting and convene a new and duly noticed special meeting to complete the agenda, or • adjourn without making provision for completion of the agenda, in which case the uncompleted matters shall be presented as unfinished business at the next regular meeting of the Commission. [sec §2.30.221(a) and (b)] RULE 12. QUORUM. Four members of the Commission who are present and eligible to vote constitute a quorum for the transaction of business at all meetings of the Commission. In the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. A meeting adjourned for lack of a quorum is considered a meeting for all purposes of records, documentation and compliance with law. [Charter of the City of Seward § 1.7 and SCC §2.30.220(b)] (b) if the lack of a quorum in a quasi judicial proceeding is caused solely by disqualifying bias or self-interest of one or more commissioners, and if this Commission is the sole adjudicatory body for that matter, then the otherwise disqualified commissioners may participate provided, • the failure of the Commission to hear the matter would necessarily result in a failure of justice, • the record includes full disclosure of the bias or self-interest of every participating commissioner who otherwise would be disqualified, and • no more disqualified commissioners are seated than necessary to achieve a quorum, and 5 65 • that quorum consists of only those commissioners with the least harmful bias or self-interest, as determined beforehand by the city attorney. SECTION III -MEETING PROCEDURES AND ADMINISTRATION RULE 13. PRESIDING OFFICER. The chair will preside at all meetings of the Commission and shall be addressed as "Mr./Madam Chair" or "Chair (surname)." If the chair is absent or temporarily incapable or disqualified from participating, the vice-chair will preside, and shall be addressed as "Mr./Madame Vice-Chair" or "Vice-Chair (surname). If both the chair and the vice-chair are absent or temporarily incapable or disqualified from participating, the Commission will select an acting chair to preside until the chair or vice-chair is again able to preside. RULE 14. ATTENDANCE AND EXCUSED ABSENCES. (a) A commissioner may be excused from attending a meeting of the Commission by notifying the chair or the administrative official prior to the meeting, and by stating the reason for his or her inability to attend the meeting. During the call of the roll at the meeting, the chair or the administrative official will announce that the absent commissioner is excused by prior notice of absence, and if no commissioner questions the absence the administrative official will make an appropriate notation in the minutes. - (b) If any commissioner questions the excused absence of another commissioner, the chair or the administrative official will recite the reason for the absence as reported earlier by the absent commissioner, and the chair then will entertain a motion to excuse the absent commissioner. This motion is non-debatable. Upon passage of this motion by a majority of the commissioners present, the absent member will be considered excused and the administrative official will make an appropriate notation in the minutes. (c) Following a member's absence from three consecutive regular meetings of the commission, excused or unexcused, the remaining commission members shall decide whether the commissioner should be retained or whether to request City Council appointment of a new commissioner. (d) The Council may remove members of boards regardless of term of office. The person so removed from office shall have the right to public hearing before the Council concerning the cause for removal. [SCC § 2.30.215(c) and Charter § 2.11] RULE 15. ORDER OF SEATING. The chair will sit at the center of the dais. The vice-chair will sit to the immediate left of the chair. Other commissioners will be seated in a manner extending outward from the chair and vice-chair, by order of their seniority, with the newest commissioners in the outermost seats nn the dais. RULE 16. RULES OF ORDER. (a) The commission adopts parliamentary procedure as the normal and customary rules of order for the conduct of Commission meetings. 6 66 However, the chair may relax parliamentary procedure to facilitate discussion or to add reasonable efficiency to the conduct of meetings. (b) The city clerk or a designee is the parliamentarian for Commission meetings. S/he shall interpret questions and issues of parliamentary procedure in accordance with applicable law, these Rules, and Robert's Rules of Order Newly Revised, in that respective order of priority. RULE 17. AGENDA ORDER OF BUSINESS. (a) The administrative official will prepare the agenda for all matters before the Commission, and s/he will organize the agenda according to the following order of business: 1. CALL TO ORDER 2. OPENING CEREMONY A. Pledge of Allegiance 3. ROLL CALL 4. SPECIAL REPORTS AND PRESENTATIONS A. Community Development Report 1. Reported Violations, Interpretations and Abatement B. Other Reports, Announcements & Presentations 5. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING 6. APPROVAL OF TIIE AGENDA AND CONSF,NT AGENDA 7. PUBLIC HEARINGS A. Unfinished Business Items Requiring a Public Hearing B. New Business Items Requiring a Public Hearing 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. INFORMATIONAL ITEMS AND REPORTS 11. COMMISSION COMMENTS 12. CITIZENS' COMMENTS 13. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT RULE 18. AGENDA ADMINISTRATION AND APPROVAL. (a) Any commissioner or the administrative official may direct the appropriate staff person to add to an agenda any item of legitimate information or business of the Commission, provided there remains sufficient time for compliance with public notice requirements. (b) The administrative official will place on the agenda any appropriate item of Commission business requested by a Seward citizen if the item has been received by the administrative official in sufficient time for administrative review and public notice, which is at least two weeks prior to the next regular meeting if the item does not require a public hearing, and at least three weeks prior to the next regular or special meeting if the item does require a public hearing (such as a variance, a conditional use permit or a plat 7 67 review). The administrative official may postpone adding an item to the agenda for an additional reasonable time if the item requires further research and analysis for staff recommendations, provided s/he reports the pendency of this citizen-request during the Community Development Report at the meeting when the matter would otherwise have been placed on the agenda. (c) The administrative official will place an order for publication of the Agenda in a newspaper of general circulation at least once during the week prior to the date of the meeting. If the call of a special meeting is too immediate to allow published notice during the preceding week, the administrative official will post and publish notice otherwise in accordance with law. (d) Consent agenda. The administrative official may mark with an asterisk any item on the agenda s/he considers sufficiently routine to warrant summary approval and enactment on the consent agenda. With a simple request, and without explanation or debate, any commissioner may move an asterisked item from the consent agenda to the meeting agenda. All items remaining on the consent agenda when the Commission adopts the motion approving the agenda and the consent agenda are summarily approved and enacted in full substance and effect, as if each had been fully discussed and adopted by separate motion. Following adoption of the motion approving the consent agenda, the administrative official will read into the record the titles of all items summarily enacted by consent. These items shall appear in the Commission minutes as if duly enacted separately on the meeting agenda. (e) The administrative official will place on the agenda any appropriate item of Commission business requested by a commissioner if the item has been received by the administrative official in sufficient time for administrative review and public notice as outlined in (b) above. (f) No matters other than those on the agenda may be finally acted upon by the Commission. Matters that seem to be emergencies or of an urgent need by the Chair, any Commissioner, Planner or Community Development Director, with an explanation of the emergency or urgency stated in the open Commission Meeting, may, with the consent of the Commission majority present, be considered and acted upon by the Commission. (g) Prior to voting on the approval of the agenda, the Commission may delete or defer an item on the agenda to a subsequent meeting upon the request of a single commissioner if there is no objection from the remaining commissioners. If any commissioner objects, the item can be deleted or deferred only by a formal motion approved by a majority of those commissioners present and voting. (h) Once the Commission has adopted the motion approving the agenda, no subject matter other than those items on the agenda may be brought to a vote for formal action or decision at that meeting. 8 68 RULE 19. MEETING PACKETS. (a) The administrative official will prepare a meeting packet prior to Commission meetings. The packet will include the agenda for that meeting and all resolutions, reports, documents and information pertinent to items listed on that agenda. (b) In order to compile the packets in a timely manner and to allow commissioners ample time for review and preparation prior to the meeting, materials for inclusion in the meeting packet must be received by the administrative official no later than 5:00 p.m. on the fifth day before the meeting day. (c) A copy of the packet will be made available to the commissioners and to appropriate parties no later than 7:00 p.m. on the third day before the meeting day. (d) The agenda packet will be available at the Clerk's Office in hard copy format and electronically for public inspection no later than 5:00 p.m. on the first business day following distribution of the packet to the Commission. RULE 20. MOTIONS. (a) A motion is a proposal by any commissioner that the Commission act on a matter of either parliamentary procedure or substantive business, or that the Commission express certain views. (b) A motion must always be stated in a polite and respectful manner, and usually is stated in the affirmative. (c) Another commissioner must second a motion that requires a second before further consideration can occur, and that motion dies for lack of a second if no other commissioner endorses the proposal. (d) Existing law, these Rules and Robert's Rules of Order Revised respectively govern procedures pertaining to discussion of a motion and to the voting process for that motion. (e) Once a motion is duly adopted or rejected, it shall be recorded in the official record of the Commission as a decisional action by the Commission. RULE 21. RESOLUTIONS. (a) A resolution is a main motion of such importance or length as to be in writing, usually containing a preamble of "Whereas" clauses giving foundational reasoning or findings leading to the actual resolution, which is stated in one or more "Resolved" clauses. (b) The Commission shall process decisional matters in the form of a resolution when required by law, including when entertaining requests for conditional use permits, zoning variances, sign variances and floodplain management variances. [SCC §15.10.320(E), SCC §15.10325(E); cf, SCC §15.10.055(x)(3), SCC §15.25.060] 9 69 (c) The Commission may act by resolution in any other instances where the action or expression of policy or advice warrants a form of expression more formal or detailed than a simple motion. (d) A reasonable number of printed copies of all proposed resolutions on the agenda shall be available for public inspection at that Commission meeting. The title of each resolution on the regular business agenda must be read prior to the vote on passage. The titles of all resolutions passed in the consent agenda must be read only after passage. (e) The final decisional vote on a resolution may occur on the same day it is introduced. (f) Unless otherwise stated, a Commission resolution takes effect at the time of passage. However, a Commission resolution adopted pursuant to any zoning provision of the Seward City Code Chapter 15.10 becomes effective when the approved resolution has been posted in at least three public places continuously for ten days. [SCC §15.10.320(E) §.325(E)] RULE 22. CITIZENS' COMMENTS AND PUBLIC HEARINGS. (a) The purposes of this Rule are • to promote public participation in the transaction of Commission business, • to give every citizen a fair opportunity to be beard, • to protect every citizen from embarrassment in the exercise of his or her right to free speech, and • to promote an orderly process for the administration of citizen-comment sessions and public hearings. (b) During any session of citizens' comments and during any public hearing, the chair may • avoid repetition in testimony by requiring an identifiable group to choose one or more spokesperson to address the Commission, if the chair decides in his or her discretion that the group of citizens is present at the meeting to offer public comments or testimony that expresses the same or a very similar set of reasons and comments in support of the same or a very similar position on an issue, and • modify either or all of (i) the individual time limits for presentations, (ii) the number of citizens commenting or testifying or (iii) the total time allotted for all comments or testimony. • Following the "Roll Call" in the order of business of each regular and special meeting, any citizens of Seward may offer comments to the Commission for 2 minutes on any agenda item not scheduled for public hearing at that meeting, 10 70 provided however that this citizen-comment period on the agenda shall not continue more than 30 minutes in total time. The chair will invite citizens to comment in the order they appear on the sign-up sheet provided by the administrative official before the meeting, and the chair will invite citizens who did not sign the sheet only to the extent the total allotted time allows. Citizens shall address the Commission only from the speaker's lectern, and shall begin their presentations by reciting their name and stating if they reside inside or outside of the Seward City Limits. (d) Following "Commission Comments" at the end of each regular and special meeting, any citizens of Seward may offer comments to the Commission one time for no more than 5 minutes on any matter within the authority and business of the Commission. (e) The procedures for a public hearing of an item on the agenda are as follows: • Before the beginning of the meeting, the administrative official will provide a sign-up sheet for citizens to indicate their desire to testify at the public hearing. • At the appropriate time in the agenda, the chair will announce the agenda item set for public hearing and invite the administrative official to describe the matter under consideration and state the recommendations of the city administration. • The chair will then open the floor to those on the sign-up sheet, to offer testimony in the order in which their names appear on the sheet, reciting aloud and beforehand a summary of the rules of procedure in subsections (e)(iv) through (e)(viii) below and subsections (b)(i) and (b)(ii) above. • Citizens shall address the Commission only from the speaker's lectern, and shall begin their presentations by reciting their name and stating if they reside inside or outside of the Seward City Limits. • Each citizen shall limit his or her initial remarks to not more than five minutes. • After all citizens identified on the sign-up sheet have testified, the chair may invite the audience to come forward with additional comments under the same rules for testimony. • In the discretion of the chair, a citizen may speak a second time only after all other persons desiring to give testimony have spoken, and their remarks shall be limited to not more than one minute. • The chair will then close the public hearing and entertain a motion from the Commission. RULE 23. VOTING. (a) Except as otherwise provided in subsection (b) below, the chair will call for a vote by stating the motion and asking the administrative official to 11 7t call the roll of commissioners. The administrative official shall alter the order of the call of the roll for each vote, except that the chair shall always be called last. The administrative official shall record how each commissioner voted on the motion. (b) For motions pertaining to matters of minor importance or when there appears to be no opposition to a motion, the chair may in his or her discretion call for unanimous consent rather than aroll-call vote. An objection by any commissioner is non-debatable, and is sufficient to automatically require reverting to a roll-call vote in accordance with subsection (a) above. (c) Every commissioner present when the question is put to a vote shall register a vote unless the commissioner • has been excused from participation because of a financial conflict of interest determined by the chair or by a majority of voting commissioners in accordance with Rule 31(e) below, or • recuses himself or herself in order to preserve his or her voting authority in the same matter at the Borough level of the same decisional process. (d) If any commissioner who is present and qualified to vote refuses or fails to vote on a matter, his or her vote shall be recorded and counted as if cast on the prevailing side, including the prevailing side of a tie vote, as described in subsection (e) below. (e) Unless otherwise provided by law or these Rules, the affirmative vote of at least a majority of those commissioners present and qualified to vote shall be required for official action. A motion fails if the vote is a tie, except that a tie vote does not constitute the majority-in-opposition required to overrule the chair when the motion questions whether a ruling of the Chair should be sustained. RULE 24. RECONSIDERATION. (a) Any commissioner who voted on the prevailing side of a motion or decision by the Commission may move to reconsider that motion or decision, provided s/he either moves orally for reconsideration during the same meeting on the same day as the vote on the main motion or decision, or files timely notice of intent to move for reconsideration. (b) Notice of intent to move for reconsideration is filed timely if, • the administrative official receives a written notice of intent to move for reconsideration signed by the initiating commissioner no later than 5:00 p.m. on the first business day following the day of the prevailing vote, or, • the initiating commissioner gives the administrative official telephonic notice of intent to move for reconsideration no later than 5:00 p.m. on the first business day following the day of the prevailing vote, and then supplements that telephonic notice with a signed written notice which is received by the administrative official before the vote occurs on the motion to reconsider. 12 72 (c) A motion to reconsider takes precedence over all motions pertaining to the matter, except a motion to adjourn, and a motion to reconsider requires atwo-thirds vote to re- open the main motion or decision. (d) The following motions and decisions may not be reconsidered: • a motion for reconsideration, • a motion or decision that has already failed to be reopened with a prior motion for reconsideration, • a motion or decision that can be renewed within a reasonable time after the first vote, • a motion or decision with a result that can be achieved by some other parliamentary motion no more burdensome than a motion for reconsideration, or • a motion or decision whose provisions were partially executed in reasonable, detrimental reliance before the written or telephonic notice of reconsideration was received. RULE 25. APPEAL PROCEDURES. (a) Appeals to the Commission shall be conducted in accordance with the provisions of Seward City Code and Rule 5(b) above. (b) The chair shall conduct the appellate hearing with a level of flexibility or formality tailored to the level of representation (lawyers or lay appellants pro per) and the level of contentiousness of the issues on appeal. Unless a majority of the commission present as hearing officers provides otherwise for stated reasons of improving fairness and impartiality, the chair will conduct the hearing in the spirit of the follows recommended guidelines and suggested time limits: • Opening Arguments. The appellants, and then the administrative oflcial, shall each be allotted 5 minutes for opening oral arguments, to summarize the evidence and testimony they will use to support the positions they will advocate during the hearing. • The Taking of Evidence and Testimony. First the appellants, and then the administrative official, will each be allocated 20 minutes to present evidence and testimony supporting their respective principal case. The chair will restrict these presentations to evidence and testimony of each party's principal case, and will not allow oral argument of a position during this phase of the proceeding. (A) All witnesses must testify under oath, administered by the city clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. 13 73 (B) The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding 5 minutes per witness. The time devoted to cross-examination of a witness shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. (C) Following an allotted time for cross-examination, any commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross- examination. The time devoted to questioning of a witness by commissioners shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. • Rebuttal Evidence and Testimony. First the appellants, and then the administrative official, will each be allocated 10 minutes to rebut with additional evidence or testimony the prior evidence or prior testimony of the other party. The chair will restrict these presentations to evidence and testimony addressing specifically the subject matters raised by the other party in its principal case, and will not allow oral argument of a position during this phase of the proceeding. (A) All rebuttal witnesses must testify under oath, administered by the city clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. (B) The opposing party may cross-examine any and all rebuttal witnesses presented by the other party, for a period not exceeding 3 minutes per witness. The time devoted to cross-examination of a rebuttal witness shall not count against the 10 minutes allotted to the party for the presentation of rebuttal evidence and testimony. (C) Following an allotted time for cross-examination, any commissioner may question any rebuttal witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross-examination. The time devoted to questioning of a rebuttal witness by commissioners shall not count against the 10 minutes allotted to the party for the presentation of rebuttal evidence and testimony. (v) Closing Ar uments. Following a break of 10-15 minutes for preparation time, the appellants, and then the administrative official, shall each be allotted 5 minutes for closing oral arguments, to summarize the evidence and testimony supporting the positions they have advocated during the hearing. (c) Following the close of the appellate hearing, the Commission shall adjourn the meeting, and conduct its deliberations and decisional process in a closed session at a time 14 74 and place convenient for commissioners, unless a majority of the Commission decides to continue some or all of the process in open session pursuant to Rule 6(b) above. (d) Within 60 days following the filing of the appeal, the Commission shall issue its decision in the form of written findings of fact and conclusions of law. SECTION IV - Ri1LES OF PERSONAL CONDUCT FOR COMMISSIONERS RULE 26. ETHICAL CONDUCT. (a) Commissioners should make all decisions only in the best interests of the community of Seward as a whole, and never for personal gain or to give unwarranted benefit or treatment to any person or entity. (b) When in doubt as to whether a matter or circumstance raises ethical concerns in the performance of the official business of the Commission, a commissioner should seek expert advice through the resources available to the administrative official (c) Commissioners shall disclose on the public record of the Commission any interest of his or hers, or of any immediate family member, that may tend to give the appearance of unethical conduct in the performance of official business, including not only interests and relationships with private parties but also interests in grants, contracts, leases, loans or other business dealings administered by the City of Seward. Disclosures should always include all information necessary for a correct evaluation of the matter. (d) Commissioners may not • use their official position to secure employment or contracts • use or disclose information acquired through the Commission if that use or disclosure could result in a financial or personal benefit to any person, including a commissioner or an immediate family member, unless the information has already been disseminated to the public • accept remuneration or gifts from anyone for the performance of their official duties • use their official position for their own personal or financial benefit or for partisan political purposes • take or withhold official action on a matter in which they have a personal or financial interest • attempt to influence an outcome for his or her personal or financial benefit. Or • aid any commissioner or city employee in violating this section 15 75 RULE 27. OVERRIDING FAIRNESS IN FACT AND APPEARANCE. (a) Fairness is the touchstone of credible governance in American democracy. Therefore, all inquiries, deliberations and decisions by every commissioner in public service should always be founded in • adequate preparation beforehand, • full compliance with applicable laws and rules, • equality of opportunity for all citizens to be heard, • attentive and courteous listening to and weighing of all points of view, • impartiality deriving from an acknowledgement and a countering of personal prejudices, and • paramount consideration of the best interests of the community as a whole. (b) Commissioners in public service should always gauge their conduct on the side of caution to avoid any appearance of an unlawful conflict of interest, any appearance of favoritism, any appearance of participation in unlawful closed sessions, or any appearance of unlawful ex parte communications. RULE 28. OPEN AND PUBLIC DELIBERATIONS. Every meeting must be duly noticed and convened in public session. Every individual commissioner is charged with the ethical and legal responsibility to ensure full compliance with Rule 5 above, with heightened awareness and caution that, according to Alaska state law and the Seward Code of Ordinances, a "meeting'' occurs whenever a matter that the Commission is empowered to act upon is considered or discussed by a majority of seated commissioners collectively or in a proximate series of conversations, face to face or through intermediaries, even in unplanned or casual social settings. RULE 29. PROHIBITED EX PARTF. COMMUNICATIONS. (a) Whenever the administrative official issues a final decision in an appealable matter pertaining to permits, platting, zoning and land use regulation, or other governmental affairs within the jurisdiction of the Commission and affecting a targeted individual, small group or entity specifically, the administrative official shall forward that final decision to each commissioner. This will include a notification to each commissioner that the Commission immediately becomes a quasi judicial body of impartial adjudicators obligated to render a fair, due-process review and decision in the event of an appeal of the matter by the aggrieved person or entity. (b) Due process in a quasi judicial context includes the right of all parties to a fair hearing, which in turn includes • the right to reasonable notice of all hearings, 16 76 • the right to be heard by every participating commissioner, • the right to question all witnesses giving testimony to every participating commissioner, • the right to examine all evidence considered by every participating commissioner, • the right to refute all statements and all evidence considered by every participating commissioner, and • the right to expect that all evidence and testimony considered by every participating commissioner will be introduced and secured in a record for further appeal. (c) For the reasons stated in subsection (b) above, all commissioners are strictly prohibited from engaging in any ex pane communications or ex pane review of evidence pertaining to any matter of potential or actual appeal during the full potentiality or pendency of the appeal. A communique is ex pane when a commissioner receives evidence or hears testimony outside of a duly noticed public hearing, or, without the knowledge and participation of all commissioners and all parties to the appeal. • This period of prohibition begins at the time of issuance of the final decision by the administrative official. • This period of prohibition ends when the full time allowed for an appeal at any level has ended and no appeal was filed, or, when all levels of appeal through the board of equalization and the appellate courts have been exhausted finally. RULE 30. OPEN RECORDS AND LOCATION OF RECORDS. (a) All records relating to the general government affairs of the city, including all records pertaining to the official business of the Commission, shall be public records unless otherwise provided by law. They shall be kept in city offices, and open to inspection and copying by the public at reasonable times. [Charter of the City of Seward, § 1.6; SCC §§2.05.010 and .015] (b) Minutes of proceedings, showing the vote of each commissioner upon each question, and other records of all official actions of the Commission shall be filed in the office of the city clerk. [SCC §2.30.220(c)] (c) Every commissioners shall, promptly upon receipt, deliver to the administrative official for safe keeping in city offices any item given to them pertaining to official business of the Commission, except when authorized by the administrative official in 17 77 writing to retain custody at some other specified location for a specified period of time for official reasons or for purposes of safekeeping the records, all of which must be stated clearly in that written authorization. RULE 31. CONFLICT OF INTERESTS. (a) A commissioner may not participate in an official action in which that commissioner or his or her immediate family has a substantial financial interest. Participation includes not only voting but also engagement in any conversations, investigations, deliberations or discussions of any nature directly or indirectly with any other commissioner. To preserve the appearance of impartiality for the Commission, the conflicted commissioners should in most instances leave the hearing room during proceedings pertaining to the matter creating the conflict of interests. [AS 29.20.010(a)(4) and SCC §2.10.035(D)] (b) The immediate family of a commissioner includes his or her spouse or domestic partner and all dependent children. Child includes biological child, stepchild and adopted child. (c) The term "financial interest" includes any property, ownership, management, professional or private interest from which a commission member or his or her immediate family receives or expects to receive a financial benefit. (d) A financial interest is presumed to he substantial whenever the commissioner and his or her immediate family cumulatively control a financial interest • worth $5,000 or more in an investment that might proximately be affected, favorably or adversely, by the matter being considered by the Commission, or • worth less than $5,000 in an investment that might increase in value above $5,000 as a proximate result of a favorable or unfavorable decision on the matter being considered by the Commission, provided however that • the application of the Rule of Necessity may supercede the measures in subsections (i) and (ii) above, as provided in Rule 12(b). (e) Whenever a commissioner suspects that s/he may have a substantial financial interest that might be affected by a matter of official business before the Commission, s/he shall disclose to the full Commission all of the circumstances of that potential conflict. Applying the standards of subsections (a) through (d) above, the Chair shall decide whether the circumstances constitute a substantial financial conflict of interests. The determination of the Chair is binding on the disclosing commissioner, unless other commissioners move to sustain the ruling of the Chair, and a majority of those other commissioners votes against that motion, thereby overruling the Chair. SECTION V -GENERAL ADMINISTRATION 18 78 RULE 32. COMPENSATION AND REIMBURSEMENTS. (a) Commissioners are volunteers in service to their community. They receive no monetary compensation or fringe benefits, but earn the honor and respect of the community for donating time and expertise to ensuring that the City of Seward is governed as an efficient, effective participatory democracy. (b) Certain travel and per diem expenses incurred by a commissioner in the performance of Commission training or business may be reimbursed upon submittal of receipts and travel expense reports, but only if • the City Council receives notice of the travel before any expenses are incurred, and • the administrative official signs approval to a commissioner's travel authorization form before any expenses are incurred. RULE 33. RECOGNITION UPON RETIREMENT. Commissioners who retire after two or more terms on the Commission will receive an engraved gold pan in recognition of their service to the City. Commissioners who retire from service on the Commission after one term will receive a plaque in recognition of their service. Commissioners who do not complete their first term on the Commission receive a certificate of recognition. RULE 34. COMMISSION RELATIONS WITH CITY COUNCIL (a) The Commission is a statutory board appointed by the City Council. The Commission shall carry out all of the functions delegated to it by the City Council, including those duties and responsibilities set forth in Rule 2 above. (b) The administrative official shall provide to the City Council, through the City Clerk's Office, full Commission agenda packets and copies of all minutes of meetings of the Commission. (c) The Commission shall meet in a joint work session with the City Council in March of each year to discuss areas of mutual interest. RULE 35. FILLING COMMISSION VACANCIES The council may appoint any qualified person to fill a vacancy of any member of the Commission, but only for the unexpired term of the vacancy. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. [SCC §2.30.215(b); SCC §2.30.210(a)] 19 79 Page 1 of 2 Christy Terry From: Jean Lewis Sent: Thursday, December 11, 2008 9:41 AM To: Christy Terry Subject: RE: adjournment question Hi Christy, Have looked over Rule 11 for you and it looks fine to me. If I were to do anything else with Rule 11, I may add the sentence; "The time for conclusion of business and adjournment is mandatory." This is in our rules of procedure. Reason being-----Your first sentence(s) has in the past, and can been read, to mean "if people are still wishing to speak under citizen comments at the end of the agenda, you have to let them speak, even though it is after 11:00 p.m. This is not correct. At 11:00 you are done. This sentence really means you cannot adjourn early if you still have business and people on the agenda. (Maybe its just me who has had to read that sentence over and over!) You may be referring to an incident we had right at 11:00 p.m. adjournment time, where the mayor recessed the meeting until first thing the next morning, (Can do, and was preferred by both attorney and clerk that were present, so as to not re-notice the meefing) The Mayor quickly asked if that was OK, and received one No. Seeing a majority, he quickly recessed the meeting until morning with the objection noted. (The only thing he had time for was to shut down the meeting, in which he did. It was inferred the count was 6-1 and time had run out. There was no time for a second or any vote. As the presiding officer of a body, he did everything he could with time expired. Remember, parliamentary procedure books are only a~uide to assist you in helping your meetings run smoothly. You MUST however, follow your city code) There was no violation, he did the only thing left available to him because of "mandatory adjournment" issues-another good day at the office! The lesson learned----possibly start shutdown procedures earlier!!! Hope this makes sense and answers your question. Thank the Commission for me, for all their diligence to detail they have invested in their rules. --Jean From: Christy Terry Sent: Wednesday, December 10, 2008 4:20 PM To: Jean Lewis Subject: adjournment question Jean- Below you will find the proposed rule for the Planning and Zoning Commission on adjournment of meetings. Could you please review for accuracy based on your knowledge of parliamentary procedures? The Commission understood that you had recently reviewed how this item should be handled at the Council level and was interested in using your expertise. Thanks for your comments on this rule. 12/11/2008 80 APOC FINANCIAL DISCLOSURE FORMS APOC INFORMATION for FILERS AP C THE BASIC ~ WHO MUST FILE DISCLOSURE REPORTS • EXECUTIVE BRANCH: Governor; Lt. Governor; commissioners, directors and their deputies; special assistants to the governor and department heads; procurement and investment officers and members of 41 boards and commissions. • JUDICIAL BRANCH: Justices, judges, magistrates. • LEGISLATIVE BRANCH: Legislators, directors of legislative agencies, public members of the legislative ethics committee. • LOCAL OFFICIALS: Clected and appointed borough and city mayors, members of local assemblies or councils and other top officials. • CANDIDATES: Candidates for any elective oflic~ subject to disclosure must file reports. • BOARDS and COMMISSIONS: Alaska has re than 100 state boards and commissions; members of 41 must file disclosures. APOC rt7am~s a list of tho~pvered by disclosure requirements on the APOC Web site. Thlist is availe in Alasa Stai~tes 39.50.200(6). Or consult the boards and commission Wsit: httn://t?ov.state.ak.i~~lboardlist php • EXEMPT TOWNS and VILLAGE~=Iyall local offic ,GIs are re~~' d to file fittcial disclosure forms. Some small commumtt have opted ~of.Ihe dic losure requi~cr~err~~by a public vote. APOC maintains ~-l~s~t;of exempt towns an ges } ~'~ a D DISCLOSURE DATA ~ ~ a ~', • Disclosure forms rec~ul~ informion from th~rl calendar year Tli~_;~OOstatement covers January 1, 8 though December 31, ~OCl8. ~ ~} " ~'~~~" D DEADLINES T£~ • Current 61t• " ~ °~ ~" p!I 4~Iicials'and legisl ors: Ani~€lal disclosure<~ue Marc15. • Candidale~~Disc~sure due win tll" g for office (unlesalydy. on file from a current office). • New pubhestslific„Itls: Disclosure de,y~thin 30 dayoftakings~tce. • Departing pubic officia Disclosure due within 90tlays of~eaving of office. Final disclosures cover the period from tE1e e~ t~of the previoua,~~closur ntil leaving office. D COMPLETE ALL ,~ECTIOI~[~~"~ • Check all bo~i~ tht apply. If filer~axlspouse property jointly, check both boxes. • Extra pages ~~d~i`~~e~~pages if nedeIdentify the data on added pages. • Nothing to rep'a`ta Check the~TONE bx„ the top right corner of each section. • Instructions: Details follow. Sillnmary "instructions start each section on the disclosure form. • Examples: Check the completedmple form for examples. • Time: Allow sufficlerl>-~rrto co>plete the form before deadline. Some filers report that it can take several hours to c,' ~T if ou have a lot of information to report. Y • Online filers need an APQ~lectronic Filing Agreement to establish an electronic signature. • Make it legible: 11 the form is not legible, it will be returned for refiling. • Filer responsibility: The filer is solely responsible for submitting complete, accurate, truthful disclosures by deadline. ~ INFORMATION • More info: APOC laws, regulations, FAQs, a sample form, the Guide to Financial Disclosure in Alaska and APOC data are online: www.apoaalaska.eov. Contact APOC ifyou have questions. APOC FINANCIAL DISCLOSURE REPORTS ARE PUBLIC DOCUMENTS .4POC Anchorage: 2221 E. northern Lights Blvd., Room 128, Anchorage 99508. Phone: 907-276-4176. Fax: 907-276-7018 APOC Juneau: 240 Main Street-#201/P.O. Box 110222, Juneau 99811. Phone: 907-465-4864. 1'ax: 907-465-4832 APOC online: rvww.aooc.alaska.~ov Toll-free: 800-478-4176 2008 Alaska FlnanClal DiaclncurP i £ +, v ~ ~ rn, , "~°i Page 1 oP4 81 APOC FINANCIAL DISCLOSURE FORMS APO INFORMATION for FILERS APOC PAGE-BY-PAGE INSTRUCTIONS, INFORMATION & DEFINITIONS AGE 1-FILER INFORMATIO ~ CONTACT INFO • List sufficient information for APOC to contact you by mail, telephone and e-mail. Your home phone and home address are not required, but you must provide sufficient contact information. ~ FAMILY • Family disclosure. Disclosure requires filers to list the same financial information for family members to the extent that it is ascertainable. Family member means spouse, domestic partner and dependent children. Le islators ONLY must re or[ non-de endent children livin with them •- .~~ and report the names of e children. • Domestic partner means "a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage." • Child includes biological child, adopted child;~~ _stepchild. ~ WHY YOU ARE FILING ~ '~ _ .` ~ • Current office holder: Check the "Ofd Holder" box and na `the po' ion you hold. • Candidate: If you are running for ofti&~e, c,ck "Candidatq" and state t~ office yp 're seeking. • Be specific: State the office held or sougF'~t Legislators a~candidate°s~~state you dis ~ .Local officials and candidates: name the city or tough and the mice, Check both boxe'st~ap'~ licable. D TYPE of DISCLOSURE STATL~~ , " • Initial: Due 30 days after takm~~ffice. ~ ~'": • Annual: Due March ,I5*5 you a, a public offal mired to disclosureT , r " ances, you must file this report eve ~ ~eat~ even if your janancracituaon ie unc ~~° • Final: Due 90 day~a~'~' av ng office. ers finances since th revi s report. AGE 2 _~ ~~ ~ Income means gass~ar ~ Source of income: hem D Terms. Report work stat D Description of services. "researcher" are NOS. c of ordinary understand .~ ~~~~ , AGE ' ~, ngs. lncluQe U~t@rea coin oy'~ by another, the emp sdat'employed and ~ xplatn ~u~tat the job rt~vol` :ptalil~'his law requires; the nature of eat service` the source of income. ~i,me worked to earn the income. ''word answers such as "consultant" or ~iption sufficient to make clear to a person .,.a ,> D Self-employment includes sole propetorships, partnerships, limited liability companies, professional corporations d~~rporans where the filer or family members individually or together, hold a controllin~nt t, defined as more than 50% interest. D Source of income. The orig~o~~ihe payment. If self-employed by a sole proprietorship, partnership, LLC, professional corporation or corporation where filer and/or family members hold a controlling interest, the source is the client or customer of the proprietorship, partnership, LLC or corporation. If the entih~ that is the origin of the payment is not the same as the client or customer for whom the service is perforzned, both are considered the source of income and must be reported. Ex: A real estate agent should list the real estate company that pays him/her AND the clients the agent represented. ~ Clients /customers. Self-employed filers must list client names and addresses unless they are legally exempt. There are two types of exemptions: (1) where laws require confidentiality and (2) where the filer is qualified for an exemption based on APOC criteria. Qualified filers must submit exemption requests in writing. Only the commission may grant an exemption. For the legal definition of "source of income," see Alaska Statute 39.50.200(a)(IO). APOC Anchorage: 2221 E. Northern Lights Blvd., Room 128, Anchorage 99508. Phone: 907-276-4176. Fax: 907-276-7018 APOC.Iuneau: 240 Vlain Street-#201/P.O. Box 110222, Juneau 99811. Phoue: 907-465-4864. Fax: 907-465-4832 APOC online: aativw.apocalaska.eov Toll-free: 800-478-4176 2008 Alaska Financial Disclosure Information for Filers 19/08] Page 2 of 4 82 APOC 0 APOC FINANCIAL DISCLOSURE FORMS INFORMATION for FILERS APOC EXEMPTIONS from reporting a source of income: • Legally required confidentiality. Filers are exempt from reporting sources of income if it is protected by law. Example: Patient confidentiality is protected by HIPAA, the federal Health Insurance Portability and Accountability Act. • Other exemptions are defined in APOC regulations. 2 AAC 50.100 describes exemption criteria for public officials; 2 AAC 50.780 describes exemption criteria for legislators. Filers who meet the qualifications for seeking an exemption must request the exemption in writing. Only the commission may grant an exemption from reporting a source of income. PAGE ---------- ti----- -~~-__ ~-~ 11~ir.1. , - ,~cneaute a ~ecUOn #3: Sources of income over $1 000 ~ Clients /customers. Retail clients and customers ge~Yally do not need to be listed. However, you must disclose clients and customers who have (1) ~of credit extending to two or more billing cycles; (2) ongoing contracts for goods or services; (3}counts not a~'e`i~to the public. RENTAL INCOME - Schedule A Section #~#:i. So,urces of income over 1 OOOw D Tenants. Name each tenant and the amourELc~~~ent paid duringthe reportttrg'period 3 D Agents. If the rental property is outside of A2~(a and monad ~ an agent, list the rr~~'`o'~he agent or manager instead of the tenants ~~ ~. ; ~ ~ PAGE ~ ::_~ ~ ,~~ ~ ~~ ~. ~• wi uuv ~ Include interest earned~~~~,a~ika~counts anc} certificat~sro"~deposrt ~ ` :~ ~ Report shareholder drotdtxtlds, Native Corporan dividend payments;.erm~nent Fund dividends. OTHER INCOME - Schedule A Section #6, Sources of inconat~ ori~r $1 000 D If a source of Income more than $'I;~QO iot specifically re~jues~d Pr listed elsewhere on the form, report it as "Othe~-I~ome." Examples: s~;of propertyetiremen#.f"und cash-out, pension payment, alimony, child support une~~iloyment compensation, gove~rnmenf entitlement payments. GIFTS - Schedule A Section #'7~ tIFT~ worth r~re~~han $20 D Value: Report all gii~s or mulfi~gifts from the~sae source if the value is more than $250. D Family exempttoP:~Gi~s from the follow~ug famtlyr~mbers are exempt: spouse, domestic partner, child, parent, sibling,; graritlparent, auntunct~, niece or nephew. ~ Loans: If a loan is fd~given, in whle or m ~r~z"~tt becomes a gift and must be reported here. D Reportable gifts include accommodations, t'vel, tickets to events, goods and services. Discounts and rebates for goods and services areconsidered gifts unless they are extended to the general public. D Legislators: More strmge t.',m ~rting ~quirements apply to gifts to legislators. The Select Committee on Legislattve~thi~ equires more detail on separate forms. ;~~~,,. I -' AGE 6 BUSINESS INTERESTS -Schedule B D Profit: Whether or not your business makes a profit, list it. D Non-profit: Include non-profit corporations and organizations. D Nature of interest: Indicate your position. Example: shareholder, director, owner, officer, board. ACE REAL ESTATE -Schedule C D Real estate means your home, rental property, vacant property, recreational property, business property, and options to buy property. Include property held through an LLC, partnership or trust. D Joint ownership. If the property is jointly owned, check all boxes that apply. APOC Anchorage: 2221 E. Northern Lights Blvd., 12oom 128, Anchorage 99508. Phone: 907-276-4176. Fax: 907-276-7018 APOC Juneau: 240 Viain Street-#201/P.O. Bux 110222, Juneau 99811. Phone: 907-465-4864. Fax: 907-465-4832 APOC online: srw.anoc.aiaska.~nv Toll-free: 800-478-4176 i 2008 Alaska Financtal Disclosure Information for Filers f9/n87 .,..__ , _~ . 83 APOC FINANCIAL DISCLOSURE FORMS APOC INFORMATION for FILERS qp C D Location. List the street address or the legal description of the property. D Selling real property. Report real estate owned at any time during the reporting period. If you sold your real estate, report the ownership here and report sale earnings over $1,000 as "other income." AGE BENEFICIAL INTERESTS in TRUSTS and RETIREMENT ACCOUNTS -Schedule D ~ Assets -Owned by: Check all boxes that apply and indicate the percentage of interest held. D Assets -Managed by: The name of the entity that holds or manages the assets for the owner. D Assets - By name: Identify assets. Include stock holdings, retirement accounts, mutual funds, an education trust, a family trust, partnerships and blind trusts. If all or some assets are in a blind trust, see Alaska Statute 39.50.040 for compliance requirements. If you manage your own stock holdings, list each of them. If an investment or mutual fund maages your stocks and you have no control over the specific holdings, name the investment compall~~~nd report the name of the fund if applicable. a Name the assets, NOT the amounts. You must ident~assets wortl> ~ ~an $1,000, but this section does not require filers to report the monetary value~of the as d-` .~ PAGE ~ ~~. ,~,~ `'; LOANS, LOAN GUARANTEES and DEBTS``Schedule E„~~'~ ~n ~ Forgiven loans are gifts. List then the gift section and nc~~thiection. D Creditors. Name all lenders, creditors aii~guarantor~.Include ~grt.'gages, bar cTatts, financing plans, delinquent taxes, alimony, chi! support, stt,_,~~~nt lp ns, promissory nof`° and ~ rsonal loans. D Credit cards. Do NOT rpporretail credit card accautlt~ ~~ D Legislators ONLY vi,c~ )ta~3dditional {~formatio~~t~juested i ~ chile E Section #2. h~ 4~ 1 ~. "~ ~ ,, AGE 1 {~ ~=' LEASES - Sched~ile F ~. ;~ D Controlling mfexest eans holdirigtrtn>re Y~lan 50 percent t~ ~" D Lease status. Re~Stl,~k"bids and.offers in addion to existi°r!g leases AGE 11 ~ 'R~ D Local officials and members o~state boards and eop~trnissions are EXEMPT from reporting close economic associon ~ ~, ~ e NOT req~uiretto complete this section. D State public official must report close eco]o11lic associations with legislators, lobbyists and other public officials who a~t~ required t~~ile discE~re statements. ?a, D Close economic association means financial relationship between a public official and legislators, lobbyists and other public o~f~ials wH~ are required to disclose close economic associations. A close economic relationship meats s $ft' Ong financial interests in an association, partnership, limited liability company or corporation. T~its~c~des public officials who serve as consultants, advisors or representatives in the economi~c~r financial relationship. D Describe economic relations in sufficient detail that readers understand the nature of the relationship. D Lobbyist spouses require additional disclosure in Section #2. Any filer with a lobbyist spouse or domestic partner must disclose the lobbyist's employer and compensation. ~ Changes. Report new economic associations within 60 days. Report changes in the employer of a lobbyist spouse or domestic partner within 48 hours. PAGE 12 CERTIFICATION D Sign and date the form. Your signature certifies that the information on the form is complete, accurate and truthful. Knowingly filing false statements is perjury. APOC Anchorage: 2221 E. Northern Lights Blvd., Room 128, Anchorage 99508. Phone: 907-276-4176. Fax: 907-276-7018 APOC Juneau: 240 Main Street-#201/P.O. Box 110222, .luneau 99811. Phone: 907-465-4864. Fax: 907-465-4832 APOC online: www.anoc.alaska.LOV 'l'oll-free: 80U-478-4176 2008 Alaska Financial Disclosure Information for FilPrc l9/08] Page 4 of 4 84 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-19 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A THIRD SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2007-03, ISSUED TO TOM & LORI SWANN FOR THE DEVELOPMENT OF AN 11-ROOM HOTEL AT 504 ADAMS STREET LOCATED IN A CENTRAL BUSINESS ZONING DISTRICT (CBD) WHEREAS, on April 5, 2007 the Planning and Zoning Commission approved Resolution 2007-OS granting a Conditional Use Permit (CUP) to Tom and Lori Swann for the development of an 11 room hotel at 504 Adams Street; and WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved CUP lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) §15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP; and WHEREAS, on October 4, 2007 by Resolution 2007-17 the Planning and Zoning Commission issued a six month extension to the original CUP 2007-03; and WHEREAS, on May 8, 2008 by Resolution 2008-10 the Planning and Zoning Commission issued a second six month extension to the original CUP 2007-03; and WHEREAS, Tom and Lori Swann have submitted written request for a third sixth month extension to CUP 2007-03 stating there have been no changes to the original plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit 2007-03 issued to "Tom and Lori Swann on April 5, 2007; extended by Resolution 2007-17 on October 4, 2007; and extended by Resolution 2008- 85 Seward Planning and Zoning Commission Resolution 2008-19 Page 2 of 2 10 on May 8, 2008 to develop an l 1 room hotel. Section 2. Conditional Use Permit number 2007-03, issued to Tom and Lori Swann on Apri15, 2007 is hereby granted a third extension until Apri19, 2009. Section 3. "Phis resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16th day of December 2008. THE CITY OF SEWARD Margaret Anderson, Vice-Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Two ATTEST: Jean Lewis, CMC City Clerk (City Seal) ss P&Z Agenda Statement Meeting Date: December 16, 2008 Through: Christy Terry, Community Development Director From: Donna Glenz, Associate Planner ~„Q` Agenda Item: Request by Tom & Lori Swann for a Third Six Month Extension of Conditional Use Permit 2007-03 BACKGROUND & JUSTIFICATION: On Apri15, 2007 the Planning and Zoning Commission issued a Conditional Use Permit to Tom and Lori Swann to construct and operate an 1 l -room hotel at 504 Adams Street. The Commission issued a six month time extension to the original Conditional Use Permit 2007-03 on October 4, 2007 and a second extension on May 8, 2008 after fording that Tom and Lori Swarm's plans to expand the facility at 504 Adams Street had not changed. Tom and Lori Swann have submitted a request for a third 6 month extension to Conditional Use Permit 2007-03, staling there have been no changes to the project. Seward City Code §15.10.320.G(1}stipulates anapproved Conditional Use Permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated Seward City Code § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a fording that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP. Tom and Lori Swann have stated in the written extension request that no changes have occurred or are planned. Tom and Lori Swann noted the time delay of the planned development of the 11-room hotel was due to another construction project. The applicants have noted the planned development of the hotel has been delayed until the spring of 2009. CONSISTENCY CHECKLIST• Comprehensive Plan Strategic Plan Not applicable Yes No X RECOMMENDATION• Staffrecommends approval of Resolution 2008-19, granting Tom and Lori Swann a third six month extension to Conditional Use Permit 2007-03. 87 Planning and Zoning Commission City of Seward POB 167 Seward, AK 99664 RE: CUP extension for 504 Adams Street. Dear Commissionaires, I am asking for another extension on the CUP for my hotel project at 504 Adams Street. There have been no changes to the project. Unfortunately because of another project this one has been delayed and will not be pulling building permits until spring 2009. I appreciate your support. Sincerely, Tom/Swann POB 905 Seward, AK 99664 ss SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT N0.2007-03 Extension by P&Z Resolution 2007-17, 10/04!2007; Extension 2, by Reso 2008-10, 5/8/2008 ISSUED TO: Tom and Lori Swann A Swan Nest Inn P.O. Box 905 Sewazd, AK 99664 EFFECTNE DATE: April 15, 2007 LOCATION: E2/3 of Lots 21-23 & E2/3 of S 1 /2 of Lot 24, Block 17, Original Townsite of Seward, 504 Adams Street This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to Tom and Lori Swann to develop an 11-room hotel at 504 Adams Street, in the Central Business District (CBD} subject to the following conditions: 1. Refuse location to be approved by City Staff and may require screening. 2. The property will be replatted in compliance with SCC' 12.01.030. 3. Modification of final approval of a conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval, or B. To implement a different development plan conforming to the standards for its approval, or C. The modification plan shall be subject to a public hearing and a filling fee set by City Council Resolution. An approved conditional use permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated. The Seward Planning and Zoning Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A 89 i~ i %i Conditional Use Permit 2007-03 Page 2 request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time (SCC' 15.10.320.G). Failure to adhere to all the conditions of this permit may result in revocation of the permit and possible civil and criminal penalties. PASSED AN D APPROVED by Sewazd Planning and Zoning Commission ResolutionNo.2007-05. Extended by Reso 2007-17, October 4, 2007, Extended by Resa 2008-10, May 8, 2008 THE CITY OF SEWARD, ALASKA By. ~~"~ ~ ~ _ , nna Glenz Associate Planner ' RETURN TO: Planning Office City of Seward P.O. Boa 167 Seward, AK 99664 --c, 90 City of Seward, Alaska October 11, 2008 Call to Order Planning Commission Minutes Volume 6, Page 2 3 6 The October 21, 2008 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Heinrich led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Sue McClure Margaret Anderson Steven Heinrich Cindy Ecklund comprising a quorum of the Commission; and Christy Terry, Community Development Director Anne Bailey, Executive Liaison Absent was: Sandie Roach' City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Christy Terry introduced herself as the Commw~ity Development Director and explained the staff changes that occurred due to the Efficiency Study and the Community Development Department priorities. J • The Seward Bear Creek Flood Service Area Board had a vacancy for the inside city limits seat. • Hicks conducted a two day FEMA trainnig regarding floodplain management and would hold another two day training session. Staff would be able to take the test and obtain the flood plain certification. • On October 24, 2008, Terry would attend an Economic Forum in Kenai. • Property owners at 303 2"~ Avenue were sent a letter regarding bunkhouses (provided as a lay down) and the issue could be brought before the Commission as an appeal. • "Terry would issue a Flood Plain Development Permit to Leif Olson for his property north of the airport. Olson obtained a no rise certification from an engineer and completed all requirements outluied in the Seward City Code. 91 Ciry of Sewm~d, Alaska October 21, 2008 Planning Commission Minutes Volume 6, Page 2 3 7 • The railroad did not require a Flood Plain permit to dump fill in the north railroad settling pond. • The Long Term Care Facility was moving forward and almost all the buildings were up. • The State General Election would occur on November 4, 2008 and absentee voting would be available until November 3, 2008 at the City Clerk's office. The Planning and Zoning meeting had been moved to Thursday, November 6, 2008. • The City of Seward would host a Preparedness Exercise on November 8, 2008 at the Railroad Terminal from 8:00 a.m. to 2:00 p.m. and at Moose Pass from 1:00 p.m. to 4:00 p.m. • Congratulated Keil for being elected to City Council. • Welcomed Cindy Ecklund to the Planning and Zoning Commission. In response to Keil, Terry explained the bunkhouse ruling process and stated the definition of a bunkhouse per the Seward City Code. The Commission discussed the bunkhouse issue further. Other Reports, Announcements & Presentations - Planning and Zoning Budget Presentation and Discussion Terry stated the Finance Department was unable to attend. Terry discussed the Boards and Conunission, Engineering and Construction and Community Development Department budgets. She explained the variance between 2008 and 2009 and line items that affected Community Development and the Planning and Zoning Commission. Ecklund voiced her disappointment that the finance department was not in attendance and was glad the Commission received the actual expenditures. She asked for more detail on the Community Development budget. Terry explained the Community Development Department budget in further detail. The Commission further discussed the budget. Citizens' Comments on any subject except those items scheduled for Public Hearing - Approval of Agenda and Consent Agenda - Motion (Heinrich/McClure) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: 92 City of Seward, Alaska October 21, 2008 Planning Commission Minutes Volume h, Page 2 3 8 Resolution 2008-15 Granting a Six Month Extension to Conditional Use Permit No. 2008-03, Issued to Nathan Orr to Remodel and Construct a 22 Unit Motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue, within the Central Business Zoning District August 19, 2008 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business items requiring a Public Hearing - RESOLUTION 2008-16 Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 21-25, Block 26, Original Townsite of Seward, Griswold Replat, Located Between 400 and 406 First Avenue Terry referred to a lay down from the property owner and she reviewed Resolution 2008- 16. She explained the use of the parcels and stated the property was not located within a FEMA mapped flood plain hazard zone. Keil noted her concern with Jefferson if Lowell Creek tunnel became blocked but she confirmed this area was not a hazard area. In response to Anderson, Terry stated the parcels were under the same ownership. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (McClure/Heinrich) Approve Resolution 2008-16 Heinrich clarified that the petitioner was not present. In response to Anderson, Terry confirmed that this plat would go to the Kenai Peninsula Borough. Keil stated it appears the Comnussion accepted the staff finduigs and the report. McClure asked if she could not vote on this plat in order to vote at the Borough Platting Coirunittee. She explained her circumstances. The Commission discussed McClure's request to abstan~. Teny requested a recess to research this further. 93 City of Seward, Alaska Planning Commission Minutes October 21, 2008 T/olume 6, Page 2 3 9 The Commission recessed at 7:04 p.m. and reconvened at 7:10 p.m. Terry stated this issue needed to be clarified in the Planning and Zoning Rules of Procedure. She explained that if this was Council the Cornmissioners would be required to vote but does not apply to Planning and Zoning Commission. Keil concurred that this should be addressed in the Rules of Procedures to give the Planning person an opportunity to recues themselves from the vote in order to carry Scward's concerns to the Borough Planning Commission. McClure stated she would vote on this issue but this needed to be addressed. Motion Passed Unanimous Unfinished Business -None New Business - Approve the 2009 Planning and Zoning Meeting Schedule and Public Hearing Cut-off Dates Terry noted there were clerical errors in the 2009 P & Z meeting and work session schedule agenda statement. She discussed the 2009 schedule. Motion (Heinrich/McClure) Approve the 2009 Planning and Zoning Commission Meeting and Agenda Cut-Off Dates Motion Passed Unanimous Consent Discuss the 2009 Federal and State Legislative Priorities Terry explained the Federal and State Legislative Priority Resolutions that would go before Council. in response to Ecklund, Terry stated the one page descriptions of the priorities were completed but would be developed after Council approval. Keil noted that Seward had a comprehensive list of wants. Anderson stated her disappointment that highway improvements were not a higher priority. She mentioned that liquefied gas may be transported to Seward putting more pressure on the highway. Ecklund stated it would be beneficial to see the list from last year and concurred with 94 City of Seward, Alaska October 21, 2008 Anderson on the need for transportation unprovements. Planning Commission Minutes Volume 6, Page 240 Keil suggested the Commission send comments to the Department of Transportation in regards to the road issues and provide their priority coirunents to Council. Terry stated she would provide the Conunission with last year's state and federal priorities and the Commission could provide her or the Clerk's office with their comments. Keil clarified the Commission would not make a reconunendation at this time. Informational Items and Reports (No action required) -None Commission Comments - Anderson congratulated Keil on her election to City Council and was disappointed the APOC proposition was not approved. She stated her term expired in February and she did not plan on reapplying. McClure congratulated Keil, concurred with Anderson in regards to APOC and welcomed Ecklund to the Conunission. Ecklund congratulated Keil, encouraged Anderson to stay on as a Commissioner and stated she would not be at the next Planning and Zoning meeting. Anderson welcomed Ecklund to the Commission and stated she would be out of town until November 10, 2008. By general consensus, the Commission cancelled the November 6, 2008 Planning and Zoning Regular meeting and scheduled a Special Meeting on November 18, 2008 at 6:30 p.m. Keil thanked the Commissioners and stated she had enjoyed serving on the Commission. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments - Nane Adjournment Meeting adjourned at 7:24p.m. Anne Bailey, Executive Liaison (City Seal) Marianna Keil Chair 95 December 2008 December 2008 January 2009 S M T W T F S S M T W T F S 1 2 3 4 5 6 ---- 1 2 3 7 8 910111213 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 2I 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 31 -- -<_ ..~~~~~~~ay _ _ ThUr_sday-- ----- Friday -December 1' _ - r~OD m CC Bud et WS 3 m P&Z Meetin 2-a---- -_ -- 3i _ 4 - - - p g p 9 j 12:OOpm PACAB - _ Meeting-Canceled I I i:00pm PACAB I WS-Canceled I i -. _ 81 - - ~ _ _- _ _ , _,i _ _ -- _ 9~ 10'~, _ 6:OOpm Special Meeting ! 7;30am Sp CC Mt ~- --- lli- 9 9:OOam P&Z Form Based - -- _i, 7:OOpm City Council i 7:30am Special Council Training ~! Meeting i Meeting I 7:3Dam Special Meeting ~ -- 1 - _ - .-_ 151_ 16{ --- ,. ly _ - 6:30pm P&Z 5 <M' ~ , ~ <- _:.. __ .. 18, _ 1~ P ~ ~ , - ~ 12:OOpm PgCAg WO ~ _ :~ 9:OOam Social Security Sessir-~an~eletl':, Rep I i 6;30pm Historic j Preservation Meeting I ,- - - ~ _ _ ~ 23~ - - - - - - i 2:OOpm KPB- Mayor ~~ 12:OOpm Christmas Eve 24 e Christmas Offices Clo j Offices Closed i/2 I ~ Day I __ __ ___ _ - 9 - -- _ 30 i _ - __- - - - - -- - -- 311 -- _ _ -,- - __ Nanci Richey 1 12J12/2008 1:OZ PM Nanci Richey