HomeMy WebLinkAbout05072009 Planning & Zoning PacketSeward Planning Commission
Agenda Packet
May 7, 2009
Special Meeting
City Council Chambers Beginning at 7:30 pm
Seward Planning & Zoning Commission
Sandie Roach'
Chair
Term Expires 02110
Sue McClure
Vice Chair
Term Expires 02110
Vacant
Commissioner
Term Expires 02112
Tena Morgan
Commissioner
Term Expires 02110
,Steven Heinrich
Commissioner
Term Expires 02111
Christina Stauffer
Commissioner
Term Expires 02112
Cindy Ecklund
Commissioner
Term Expires 02111
Phillip Oates
City Manager
Christy Terry
Community Development
Director
Anne Bailey
Executive Liaison
r Meed
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
5. Citizens' Comments on any subject except those items
scheduled for public hearing. [Those who have signed in
will be given the first opportunity to speak Time is limited
to 2 minutes per speaker and 30 minutes total time for this
agenda item]
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.]
Planning and Zoning Commission
May 7, 2009
Regular Meeting Agenda
Page I
1
7. Public Hearings [Limit comments to 5 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- None
8. Unfinished Business — None
9. New Business —
* A. Resolution 2009-10, Granting a Fourth 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)............................................................................................................. Page 3
B. Resolution 2009-I1, Recommending Council Approval of the Planning and
Zoning Priorities from April 2009 to April 2010........................................... Page 7
C. Resolution 2009-12, Supporting Council Recommendation that the State of
Alaska Revoke Its March 20, 2006 Navigability Determination as to Salmon
Creek, Fourth of July Creek and Sawmill Creek, All Located in the Vicinity of
Seward, Alaska............................................................................................ Page 10
D. Resolution 2009-13, Supporting a Council Recommendation that the State of
Alaska Exempt Flood Mitigation Projects in the Seward Area From the Gravel
Royalty Fee, as it Applies to All Flowing Waters into Resurrection Bay, in the
Vicinityof Seward, Alaska......................................................................... Page 20
10. Informational Items and Reports (No action required) -None
A. May 13, 2009 Economic Forum Information .............................................. Page 28
B. Pavilion Painting Volunteers Needed Ad .................................................... Page 36
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual — Each individual has one opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission
May 7, 2009
Regular Meeting Agenda
Page 2
F
Sponsored by: Applicant
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-10
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING A FOURTH 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 2007-05 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, on December 16, 2008 by Resolution 2008-19 the Planning and
Zoning Commission issued a third six month extension to the original CUP 2007-03; and
WHEREAS, Tom and Lori Swann have submitted written request for a fourth
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:
3
Seward Planning and Zoning Commission
Resolution 2009-10
Page 2 of 2
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; extended by Resolution 2008-10 on
May 8, 2008; and extended by Resolution 2008-19, on December 16, 2008 to develop an
11 room hotel.
Section 2. Conditional Use Permit number 2007-03, issued to Tom and Lori Swann on
April 5, 2007 is hereby granted a fourth extension until October 8, 2009.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th
day of May 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
THE CITY OF SEWARD
Sandie Roach', Chair
4
P&Z Agenda Statement
Meeting Date: May 7, 2009
Through: Christy Terry, Community
From: Donna Glenz, Associate Planner(
Agenda Item: Request by Tom & Lori Swann for a Fourth Six
Month Extension of Conditional Use Permit 2007-03
BACKGROUND & JUSTIFICATION
On April 5, 2007 the Planning and Zoning Commission issued a Conditional Use Permit to Tom and
Lori Swann to construct and operate an 11-room hotel at 504 Adams Street. The Commission has
issued three (3) six month time extension to the original Conditional Use Permit 2007-03. The first
extension on October 4, 2007, a second extension on May 8, 2008 and a third on December 16`n
2008 after finding that Tom and Lori Swann's plans to expand the facility at 504 Adams Street had
not changed. Tom and Lori Swann have submitted a request for a fourth 6 month extension to
Conditional Ilse Permit 2007-03, stating there have been no changes to the project.
Seward City Code §I5.10.320.G(1) stipulates 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
Seward City Code § 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. Tom and Lori Swann have stated in the written
extension request that no changes have occurred or are planned.
The Swann's noted the continued time delay of the planned development of the I 1-room hotel has
been due to another construction project. The applicants have noted the planned development of the
hotel has been delayed until the fall of 2009.
RECOMMENDATION:
Staff recommends approval of Resolution 2009-10, granting Tom and Lori Swann a fourth six month
extension to Conditional Use Permit 2007-03.
Planning and Zoning Commission
City of Seward
POB 167
Seward, AK 99664
RE: CUP extension for 504 Adams Street.
4-14-09
CITY OF SEWARD
APR 14 2009
PLANNING OFFICE
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 Fall 2009.
I appreciate your support.
Sincerely,
Tom Swann —�
POB 905
Seward, AK 99664
M.
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-11
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION RECOMMENDING THE PLANNING AND ZONING
COMMISSION PRIORITIES FROM APRIL 2009 TO APRIL 2010
WHEREAS, at the April 7, 2009 meeting the Planning and Zoning Commission
reviewed their Priorities List; and
WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state
that the Council should meet in an annual joint work session with the Commission to address
areas of mutual concern; and
WHEREAS, the Commission and Council held a joint work session, reviewed and
updated the Planning and Zoning 2008 Priorities List on April 8, 2008; and
WHEREAS, at the May 7, 2009 meeting the Planning and Zoning Commission reviewed
and approved the Planning and Zoning Priority List; and
WHEREAS, Council will address a resolution adopting these recommendations on May
11, 2009.
NOW, THEREFORE, BE I1' RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The following List of Planning and Zoning Priorities is hereby approved and
recommended to Council for their adoption:
PRIORITIES
1) Continue recruitment efforts for the Planning and Zoning Commission.
2) Rewrite of Title 15
3) Municipal Lands Management Plan (1995)- Update in conjunction with the Capital
Improvement Plan and the City Land Disposal Policies and Procedures
4) Continue to pursue compliance with the Seward City Zoning Code
5) Meet with Port and Commerce Advisory Board to discuss the South Harbor Uplands
6) Waterfront Park Replat -2010
7
Seward Planning and Zoning Commission
Resolution 2009-0
Page 2 of 2
7) Two Lakes Park Replat
8) Nash Road Bench Study — as funding allows
9) Annually review the City of Seward Comprehensive Plan
FOLLOW PROGRESS MADE BY OTHER ENTITIES
Parks and Recreation Master Plan (1993)
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7`h
day of May. 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis
City Clerk, CMC
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
(City Seal)
e
P&Z Agenda Statement
Date: May 7, 2009
To: Planning and Zoning Commission
From: Community Dev. Director Christy Terry
Agenda Item: A Resolution of the Seward Planning and Zoning Commission
Recommending the Planning and Zoning Commission Priorities from
April 2009 to April 2010
BACKGROUND & JUSTIFICATION:
The Planning and Zoning Commission reviewed their Priorities List at their April 7, 2009
Regular meeting in preparation of their Annual Joint Work Session with Council. The
Commission and Council, during their Joint Work Session, reviewed and updated the Planning
and Zoning 2008 Priorities List on April 8, 2008. The mutually agreed upon list of priorities was
updated and specified in this resolution.
Council will address a resolution endorsing these recommendations on May 11, 2009. if the
Planning and Zoning Commission has changes to submit to Council, a substitute resolution will
be provided with the recommendations.
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.
Other:
RECOMMENDATION:
Approve Resolution 2009-11, recommending the Planning and Zoning Commission Priorities
from April 2009 to April 2010
E
Sponsored by : Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-12
A RESOLUTION SUPPORTING A COUNCIL RECOMMENDATION
THAT THE STATE OF ALASKA REVOKE ITS MARCH 20, 2006
NAVIGABILITY DETERMINATION AS TO SALMON CREEK, FOURTH
OF JULY CREEK AND SAWMILL CREEK, ALL LOCATED IN THE
VICINITY OF SEWARD, ALASKA
WHEREAS, The State of Alaska Department of Natural Resources has changed
positions on the issue of navigability on several occasions; and
WHEREAS, The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula
Borough and the City of Seward are working to lessen impacts to flooding in the Seward area;
and
WHEREAS, The State of Alaska Department of Natural Resources (DNR) charges a
royalty fee on all gravel materials removed from these areas; and
WHEREAS, This royalty fee makes flood control projects more expensive and cost
prohibitive; and
WHEREAS, The Bureau of Land Management recommends that all water bodies, with
the exception of Bear Lake, be considered administratively non -navigable in T.1 N R. 1 E, T. 1 N
R. I W, T.2N R.1 W, T.1 SR. 1 W, T. IS R.1 E; and
WHEREAS, Alaska DNR policy interprets the Daniel Ball test as requiring the water
body to be usable as a highway for the transportation of people or goods; and
WHEREAS, the Kenai Peninsula Borough Flood Plain Task Force voted unanimously
on April 1, 2009 in support of the State of Alaska revoking the navigability determination on
Salmon Creek, Fourth of July Creek and Sawmill Creek.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION that:
Section 1. Council support the State of Alaska's revoking its March 20, 2006 navigability
determination as to Salmon Creek, Fourth of July Creek and Sawmill Creek, all located in the
vicinity of Seward, Alaska.
Section 2. That Salmon Creek, Fourth of July Creek and Sawmill Creek are not
navigable, as defined by and in to the Daniel Ball test, best survey practices, and are not subject
to the submerged land act, which, according to State of Alaska policy on Navigability, on the
website http://dnr.alaska.gov/mlw/nav/nav_policy.htm, is the accepted and correct standard for
determining navigability.
Section 3. The March 20, 2006 Determination of Navigability refers to extreme
10
Planning and Zoning Commission
Resolution 2009-12
Page 2 of 2
gradients as conclusive evidence of non -navigability on Spruce Creek. However, all of the creeks
listed as navigable in the 2006 determination contain reaches of these same "extreme" gradients
as expressed in percent slope derived from HDAR dataset 2006 and pertinent cross sections.
Section 4. This resolution shall take ellect immediately upon its adoption.
PASSED AND APPROVED by the Planning and Zoning Commission this 7" day of
May, 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis
City Clerk, CMC
THE CITY OF SEWARD, ALASKA
Sandie Roach' Chair
(City Seal)
11
P&Z Agenda Statement
Date: May 7, 2009
To: Planning and Zoning Commission
From: Community Development Director Christy Terry
Agenda Item: A Resolution Supporting a Council Recommendation that
the State of Alaska Revoke Its March 20, 2006 Navigability Determination as To
Salmon Creek, fourth of July Creek and Sawmill Creek, All Located in the
Vicinity of Seward, Alaska
BACKGROUND & JUSTIFICATION:
The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly on
January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward -Bear
Creek Flood Service Area. The Task Force has passed two resolutions to address important
flood mitigation items and has requested legislative support from the local boards, commissions
and City Councils. If approved, these resolutions will be sent to the State of Alaska for their
consideration. Planning and Zoning Resolution 2009-12 is in support of Council's adopting the
recommendations of the Task Force.
The State of Alaska Department of Natural Resources has changed positions on the issue of navigability
on several occasions. The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula Borough
and the City of Seward are working to lessen impacts to flooding in the Seward area. Additionally, the
State of Alaska Department of Natural Resources (DNR) charges a royalty fee on all gravel materials
removed from these areas which makes flood control projects more expensive and cost prohibitive.
Currently, the Bureau of Land Management recommends that all water bodies, with the exception of Bear
Lake, be considered administratively non -navigable in T.IN R. IE, T. 1N R. 1W, T.2N R.I W, T.1SR.
1 W, T. 1 S R.1 E. Also, Alaska DNR policy interprets the Daniel Ball test as requiring the water body to
be usable as a highway for the transportation of people or goods. There are three creeks in our area that
have been recently reclassified as navigable that should be taken off the list.
Because of the above recommendations and determinations the Kenai Peninsula Borough Flood Plain
Task Force voted unanimously on April 1, 2009 in support of the State of Alaska revoking the
navigability determination on Salmon Creek, Fourth of July Creek and Sawmill Creek.
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.
Other:
RECOMMENDATION:
Approve Resolution 2009-12, Supporting a Council Recommendation that the State of Alaska
Revoke Its March 20, 2006 Navigability Determination as To Salmon Creek, fourth of July
Creek and Sawmill Creek, All Located in the Vicinity of Seward, Alaska.
12
KENAI PENINSULA BOROUGH FLOOD PLAIN TASK FORCE
RESOLUTION 2009-01
A RESOLUTION RECOMMENDING THE THAT THE STATE OF ALASKA REVOKE
ITS MARCH 20, 2006 NAVIGABILITY DETERMINATION AS TO SALMON CREEK,
FOURTH OF JULY CREEK AND SAWMILL CREEK, ALL LOCATED IN THE
VICINITY OF SEWARD, ALASKA
WHEREAS, The State of Alaska Department of Natural Resources has changed positions on the
issue of navigability on several occasions; and
WHEREAS, The Seward Bear Creek Flood service area and the Kenai Peninsula Borough are
working to lessen impacts to flooding in the Seward area; and
WHEREAS, The State of Alaska Department of Natural Resources (DNR) charges a [Levy]
royalty fee on all gravel materials removed from these areas; and
WHEREAS, This [LEVY] royalty fee makes flood control projects more expensive and cost
prohibitive; and
WHEREAS, The Bureau of Land Management recommends that all water bodies, with the
exception of Bear Lake, be considered administratively non -navigable in T. IN R.
1 E, T. IN R. 1 W, T.2N R.1 W, T. l SR. I W, T. IS R.1 E.
WHEREAS, Alaska DNR policy interprets the Daniel Ball test as requiring the water body to be
usable as a highway for the transportation of people or goods.
NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH
FLOOD PLAIN TASK FORCE:
SECTION 1. That Salmon Creek, Fourth of July Creek and Sawmill Creek are not navigable, as
defined by and in to the Daniel Ball test [AND],, best survey practices, and are not
subject to the submerged land act, which, according to State of Alaska policy on
Navigability, on the website http://dnr.alaska.gov/mlw/nav/nav_policy.htm, is the
accepted and correct standard for determining navigability.
SECTION 2. The March 20, 2006 Determination of Navigability refers to extreme gradients as
conclusive evidence ofnon-navigability on Spruce Creek. However, all of the creeks
listed as navigable in the 2006 determination contain reaches of these same
"extreme" gradients as expressed in percent slope derived from LIDAR dataset 2006
and pertinent cross sections.
SECTION 3. The Kenai Peninsula Borough Task force requests that other concerned local boards
and commissions pass similar declarations in support of this resolution
ADOPTED BY THE KENAI PENINSULA BOROUGH FLOOD PLAIN TASK FORCE ON
THIS 1ST DAY OF APRIL 2009.
13
B
,ENAI PENINSULA BOROUGH
$4 North Sinkley Street • Soldotna, Alaska 99669-7520
Toll -free within the Borough: 1-800-478-4441
PHONE: (907) 262-4441 • FAX: (907) 262-1892
www.borough.kenai.alc us
DAVE CAREY
BOROUGH MAYOR
April 7, 2009
Mr. Scott Ogan
Natural Resource Manager II
Department of Natural Resources
Division of Mining, Land & Water
Public Access Assertion & Defense Unit
550 W. 7a' Ave., Suite 1330
Anchorage, AK 99501-3514
Re: State of Alaska Navigability Determination of March 20, 2006
Dear Mr. Ogan:
Based on the following facts, the Kenai Peninsula Borough administration respectfully requests
that the state revoke its March 20, 2006 Navigability Determination as to Salmon Creek, Fourth
of July Creek and Sawmill Creek, all located in the vicinity of Seward, Alaska. The Borough
does not dispute the determination that Resurrection River is navigable at this time. If there is an
applicable appeal process governing this request, please advise us as to that process. The
determination notice contained no such information.
In 1999 Japp Creek was the only stream of those listed in the 2006 determination that was
determined navigable. Kathy Atkinson, Division of Lands, subsequently revoked that
determination, with the result that in 1999 the state determined all of the creeks listed in the 2006
letter were non -navigable. (Letter to Seward City Council 1999).
The letter of March 20, 2006, overturning portions of the 1999 determination, provides only
cursory and anecdotal information supporting the conclusion that the above creeks should now
be classified as navigable. It does not provide enough information for the borough to determine
to what extent the state considered the relevant factors when it reversed its long-standing
determination that these creeks are not navigable.
BLM recommends that all water bodies, with the exception of Bear Lake, be considered
administratively non -navigable in TAN R. 1E, T. 1N R. 1W, T.2N RAW, TASR. 1W, T. 1S
RAE. This was determined in accordance to the Daniel Ball test and best survey practices
which, according to State of Alaska policy on Navigability, on the website
http://dnr.alaska.gov/mlw/nav/nav Policv.htm, is the accepted and correct standard for
determining navigability.
14
The above -mentioned website also indicates on page 3, paragraphs 6 and 7, that Alaska policy
interprets the Daniel Ball test as requiring the water body to be usable as a highway for the
transportation of people or goods. Additional elaboration is found on page 4, paragraph 7, which
provides that waters that are only navigable at infrequent and unpredictable periods of high water
are not normally considered navigable". None of these streams are capable of fulfilling this
requirement except at infrequent and unpredictable periods, Further, if the interpretation
according to State of Alaska policy includes recreational uses such as fishing, trapping, shooting
or transportation of personal goods, there is no evidence that the streams in question have ever
been capable of supporting such activities, anadromous or not. Albert Schaffer, Afognak
Logging Co., in 1955 logged substantial portions of Fourth of July Creek and was unable to
"float logs" down this stream. (Verbal Communications 2009.) This lack of ability to float logs is
in concurrence of Alaska policy and interpretations of policy for a non -navigable determination.
The March 20, 2006 Determination of Navigability refers to extreme gradients as conclusive
evidence of non -navigability on Spruce Creek. However, all of the creeks listed as navigable in
the 2006 determination contain reaches of these same "extreme" gradients as expressed in
percent slope derived from LIDAR dataset 2006 and pertinent cross sections.
Moreover, on page 7 of the Navigability Policy, the first full paragraph indicates that when
information is lacking, the state is forced to rely on the physical characteristics shown on maps
and aerial photographs. In those cases, the state identifies as navigable all streams depicted on
the USGS maps with double lines (generally at least 70 feet wide) and having an average
gradient over the length of the stream of no more than 50 feet per mile. As the state reversed its
prior ruling without the benefit of an on -site inspection, it seems appropriate to use these
guidelines.
Following is more information concerning the issue of navigability of the streams at issue:
Salmon Creek: In the 2006 determination, Salmon Creek headwaters are said to be derived from
Bear Lake Glacier melt (page 4 paragraph 2), which is not correct. Bear Creek/Salmon Creek
confluence, also stated in the determination document, clearly supports this. In fact, Glacier
Creek (Kwechak), not Salmon Creek, flows from Bear Lake Glacier. Instead, Salmon Creek
flows from Lost Creek and runs approximately 5.6 miles to its confluence with Resurrection
River. Further, the determination notes that the creek is shown to have significant width along
most of its channel, in some places more than 400 feet. This width is attributable to the
meandering nature of this creek, only during floods would it possibly reach such a large width.
As indicated by Mr. Bardarson, Salmon Creek is often very shallow. Although he states it is
floatable in most areas, there is nothing provided to indicate what could float on it in most areas.
Fourth of July Creek: The determination letter indicates that this creek runs approximately 1.14
miles into the Resurrection Bay, and that the lower reaches of this creek are anadromous and
tidally influenced. 43 USC § 1301(a)(2) defines lands beneath navigable waters as
(2) all lands permanently or periodically covered by tidal waters up to but not above the
line of mean high tide and seaward to a line three geographical miles distant from the
Page 2 of 3
15
coast line of each such State and to the boundary line of each such State where in any
case such boundary as it existed at the time such State became a member of the Union, or
as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico)
beyond three geographical miles ...
However, this creek has not significantly changed since the 1980 determination. Please provide
information supporting the conclusion that the creek is now tidally influenced and therefore
subject to the Submerged Lands Act. Further, the Fourth of July Creek gradient exceeds the 50
feet in one mile standard.
Sawmill Creek: Please provide information supporting the conclusion that the creek is now
tidally influenced and therefore subject to the Submerged Lands Act and how this Creek has
changed from the 1980 determination. Also, Sawmill Creek gradient exceeds the 50 feet in one
mile standard.
The determination document dated March 20, 2006, refers to NHD datasets at pages 2 and 4.
Please advise us what kind of data the referenced USGS dataset was used in the previous
mentioned determination.
We would appreciate your reversing the determination of navigability dated March 20, 2006, or
providing us with additional information supporting the conclusions as to these three creeks.
Thank you for your consideration.
Page 3 of 3
Sincerely,
�
David R. Carey
Borough Mayor
16
Kenai Peninsula Borough
Flood Plain Task Force
Meetina Summary
April 1, 2009 - 6:00 p.m. Regular Meeting Seward City Hall, 401 Adams Street, Seward
CALL TO ORDER
:9
A regular meeting of the Flood Plain Task Force was held on April 1, 2009, in the Council Chambers
of Seward City Hall, Seward, Alaska. Chair Long called the meeting to order at 6:00 p.m.
There were present:
Ron Long, Chair
Kevin Lyon
Charlie Pierce, Vice Chair
Dan Mahalak
Colette Thompson
Mary Toll
Bill Williamson
Jane Gabler
Randy Stauffer
Jim McCracken
Ron Wille
Matt Gray
Todd Petersen
Christy Terry
Sue McClure
Absent:
Scott Walden (Excused)
Bob Hicks (Excused)
Also in attendance was:
Shellie Morgan, Deputy Clerk
WELCOME AND INTRODUCTIONS
Chair Long thanked everyone for coming. He amended the agenda by adding two additional items,
one being the introduction of two Resolutions and a Take Away Item, requesting all members come
to the April 15, 2009 meeting with one item they would like to see completed by the Task Force.
PUBLIC COMMENT - None.
RESOLUTION INTRODUCTION
(06:03:56)
Mr. Wille said Flood Plain Task Force Resolution 2009-01 was a request for the State to remove its
March 20, 2006 navigability determination of Salmon Creek, Forth of July Creek and Sawmill Creek.
He stated Flood Plain Task Force Resolution 2009-02, requested the State remove the current
extraction fee being charged on gravel removal. He said if approved by the Task Force, the
resolutions would be introduced at the next Road Board Meeting, from there it would be forwarded
to the City of Seward and Planning Commission. He said this would allow for more local support
to be gathered prior to introduction to the Kenai Peninsula Borough Assembly.
Flood Plain Task Force
April 1, 2009
Kenai Peninsula Borough
Page 1 of 10
17
Flood Plain Task Force Resolution 2009-01
Chair Long stated there was currently a Bill in Congress that would strike the word navigability from
water within the United States, and proposed amendments to the Clean Water Act would allow the
US Congress to be the regulatory body on all running waters within the United States. He stated
this was the proper time to address the navigability issue.
[Clerks Note: Flood Plain Task Force Resolution 2009-01 was amended as follows: The third
whereas to read, "The State of Alaska Department of Natural Resources (DNR) charges a [LEVY]
royalty fee on all gravel materials removed from these areas; and"; The fourth whereas to read,
"This [LEVY] royalty fee makes flood control projects more expensive and cost prohibitive; and";
Section 1 to read, "That Salmon Creek, Fourth of July Creek and Sawmill Creek are not navigable,
as defined by and in to the Daniel Ball test, [AND] best survey practices, and are not subject to the
Submerged Land Act, which, according to State of Alaska policy on Navigability, on the website
http://dnr.aIaska.gov/mlw/nav/nav_policy.htm, is the accepted and correct standard for
determining navigability." A new Section 3 to read, "The Kenai Peninsula Borough Task Force
requests that other concerned local boards and commissions pass similar declarations in support
of this resolution."]
Mr. Gray asked if the Task Force Members felt it was appropriate to address the royalty fee from
the two different angles.
Mr. Wille stated approaching the State from both angles was the correct way to move forward.
Mr. McCracken stated the Task Force should concentrate on Resolution 2009-01, if the Task Force
had the determination on navigability changed, it would then resolve the issues addressed in
Resolution 2009-02.
Ms. Thompson said she believed it was the correct approach to focus on the administrative aspect,
by addressing the mistake made when Salmon Creek, Forth of July Creek and Sawmill Creek were
determined navigable, when just two years prior the creeks had been determined non -navigable.
She said regarding the royalty fees, the State was attempting not to give away property that was
subject to the constitutional prohibition against private use of public assets.
Mr. Stauffer stated that he agreed the Task Force should initially go after the definition of
navigability; however, eventually the royalty fee charged by DNR had to be addressed. He said
language needed to be added stating the royalty fee would not be charged when mitigating against
natural disasters.
Chair Long stated he was seeing a definite pattern to take when approaching the problem, and
listed the pattern in order.
1. Navigability
2. Classification of Debris
3. Legislative Fix
Ms. Terry asked why Resurrection River had been removed from the non -navigable list? Mr.
Mahalak said the Federal determination on navigability stated various things; such as, if you could
float trees down the river, hunt, fish, or any commercial activities were taking place, the river was
then considered navigable.
Kenai Peninsula Borough
Page 2 of 10
Flood Plain Task Force
April 1, 2009
iu
Flood Plain Task Force Resolution 2009-02
(06:26:00)
Mr. Wille said he felt introducing both Resolution 2009-01 and Resolution 2009-02 would not cause
any harm in the process of either Resolution.
Chair Long stated he was concerned that if both Resolutions were introduced, there would be the
possibility of both the Legislature and the Administration waiting to see how the other department
would act on the resolutions.
Ms. Terry stated she felt moving forward on Resolution 2009-02 would have a positive effect,
allowing extraction of gravel from other creeks in the area that were navigable.
[Clerk's Note: Flood Plain Task Force Resolution 2009-02 was amended as follows: Title to read,
"A Resolution Recommending that the State of Alaska [RESCINDS ITS GRAVEL EXTRACTION FEE AS IT
APPLIES TO SALMON CREEK, FOURTH OF JULY CREEK AND SAWMILL CREEK, ALL LOCATED IN THE VICINITY OF
SEWARD, ALASKA] Exempt Flood Mitigation Projects in the Seward Area from the Gravel Royalty Fee
as it Applies to all Flowing Waters into Resurrection bay in the Vicinity of Seward Alaska"; the
second whereas to read, "The state of Alaska Department of Natural Resources charges a mineral
resources extraction royal fee of $3.25 per cubic yard for gravel; and", the third whereas to
read,"This extraction royalty fee makes flood control projects more expensive and cost prohibitive;
and", Insert a new fourth whereas to read, "charging a royalty fee for gravel extraction for flood
mitigation projects is contrary to protecting public health and safety; and"; Section 1 to read, "That
Salmon Creek, Fourth of July Creek, and Sawmill Creek are continually filling with sediment and
debris that must be removed to lessen flood events [IN THE SEWARD AREA] as it applies to all flowing
waters into Resurrection Bay in the vicinity of Seward Alaska." Insert a new Section 3 to read,
"That the Kenai Peninsula Borough Flood Plain Task Force requests that the State exempt from its
gravel extraction royalty fee flood mitigation projects in the Seward area." Insert a new Section
4 to read, "The Kenai Peninsula Borough Task Force request that other concerned local boards and
commissions pass similar declarations in support of this resolution 'I
Mr. McCracken spoke in opposition to Flood Plain Task Force Resolution 2009-02.
Chair Long stated the Flood Plain Task Force Resolution 2009-02 as amended was asking other
boards to pass similar resolutions, and stated it would be a subject for the second half of the
Legislative Session.
The Task Force agreed to postpone Flood Plain Task Force Resolution 2009-02 until April 15, 2009.
AMENDMENTS TO ROAD CODES -Ingress &Egress (06:49:12)
Mr. Wille stated he had spoken to the Roads Director, Staff and the Inspector for the Seward area
regarding building roads in the community as a whole. He said the Borough had a template for
building roads, and if a builder were to go outside of the normal road building template, an
engineer would then be required to explain how the road was to be built, the engineer would be
required to sign off on the plan, it could then be approved by the Roads Board. He said the Roads
Board may want to consider all roads within the Seward area be designed by an engineer, due to
the numerous road failures in the area, including roads that were not in flood zones.
Flood Plain Task Force
April 1, 2009
Kenai Peninsula Borough
Page 3 of 10
19
Sponsored by: Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-13
A RESOLUTION SUPPORTING A COUNCIL RECOMMENDATION
THAT THE STATE OF ALASKA EXEMPT FLOOD MITIGATION
PROJECTS IN THE SEWARD AREA FROM THE GRAVEL ROYALTY
FEE, AS IT APPLIES TO ALL FLOWING WATERS INTO
RESURRECTION BAY, IN THE VICINITY OF SEWARD ALASKA
WHEREAS, the Seward Bear Creek Flood Service Area Board, Kenai Peninsula
Borough and the City of Seward are working to lessen impacts to flooding in the Seward area;
and
WHEREAS, the State of Alaska Department of Natural Resources charges a mineral
resources extraction royalty fee of $3.25 per cubic yard for gravel; and
WHEREAS, this extraction royalty fee makes flood control projects more expensive
and cost prohibitive; and
WHEREAS, charging a royalty fee for gravel extraction for flood mitigation projects is
contrary to protecting public health and safety; and
WHEREAS, stream bed loading due to sediment deposits increase the frequency of
flooding in the Seward area; and
WHEREAS, the Seward Bear Creek Flood Service Area Board, the Kenai Peninsula
Borough and the City of Seward are working towards stream bed load removal and other flood
control options in the Seward area; and
WHEREAS, the Kenai Peninsula Borough Flood Plain "Task Force voted on April 15,
2009 in support of the State of Alaska exempting flood mitigation projects in the Seward Area
from the gravel royalty fee, as it applies to all flowing waters into Resurrection Bay, in the
vicinity of Seward. Alaska.
NOW THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE
ADVISORY BOARD:
Section 1. That all flowing waters into Resurrection Bay in the vicinity of Seward,
Alaska are continually filling with sediment and debris that must be removed to lessen the flood
events in the Seward area.
Section 2. The gravel deposits in these streams need to be removed regularly to
ensure the economic viability of the community as well as ensure public health and safety.
Section 3. Recommends Council support the State of Alaska's exemption from the
gravel royalty fee for flood mitigation projects in the Seward Area from the gravel royalty fee, as
it applies to all flowing waters into Resurrection Bay, in the vicinity of Seward, Alaska.
20
Planning and Zoning Commission
Resolution 2009-13
Page 2 of 2
Section 4. This resolution shall take effect immediately upon its adoption.
P ASSED AND APPROVED by the Planning and Zoning Commission this 7" day of May,
2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis, City Clerk, CMC
(City Seal)
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
21
P&Z Agenda Statement
Date: May 7, 2009
To: Planning and Zoning Commission
From: Community Development Director Christy Terry
Agenda Item: A Resolution Supporting a Council Recommendation
that the State of Alaska Exempt Flood Mitigation Projects in the Seward
Area from the Gravel Royalty Fee, As It Applies to All Flowing Waters
Into Resurrection Bay, in the Vicinity of Seward, Alaska
BACKGROUND & JUSTIFICATION:
The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly on
January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward -Bear
Creek Flood Service Area. The Task Force has passed two resolutions to address important
flood mitigation items and has requested legislative support from the local boards, commissions
and City Councils. If approved, these resolutions will be sent to the State of Alaska for their
consideration. Planning and Zoning Resolution 2009-13 is in support of Council's adopting the
recommendations of the Task Force.
The Seward Bear Creek Flood Service Area Board, Kenai Peninsula Borough and the City of
Seward are working to lessen impacts to flooding in the Seward area. The State of Alaska
Department of Natural Resources charges a mineral resources extraction royalty fee of $3.25 per
cubic yard for gravel regardless of it being used for flood mitigation. This extraction royalty fee
makes flood control projects more expensive and cost prohibitive. This policy of charging a
royalty fee for gravel extraction for flood mitigation projects is contrary to protecting public
health and safety. The reality is that stream bed loading due to sediment deposits increase the
frequency of flooding in the Seward area.
The Seward Bear Creek Flood Service Area Board, the Kenai Peninsula Borough and the City of
Seward are working towards stream bed load removal and other flood control options in the
Seward area. The Kenai Peninsula Borough Flood Plain Task Force identified this issue as an
important item to implement in order to address the flood plain issues in this area. The Task
Force voted on April 15, 2009 in support of the State of Alaska exempting flood mitigation
projects in the Seward Area from the gravel royalty fee, as it applies to all flowing waters into
Resurrection Bay, in the vicinity of Seward, Alaska.
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.
Other:
22
RECOMMENDATION:
Approve Resolution 2009-13, Supporting a Council Recommendation that the State of Alaska
Exempt Flood Mitigation Projects in the Seward Area from the Gravel Royalty Fee, As It
Applies to All Flowing Waters Into Resurrection Bay, in the Vicinity of Seward, Alaska
23
KENAI PENINSULA BOROUGH FLOOD PLAIN TASK FORCE
RESOLUTION 2009-02
A RESOLUTION RECOMMENDING THAT THE STATE OF ALASKA EXEMPT
FLOOD MITIGATION PROJECTS IN THE SEWARD AREA FROM THE GRAVEL
ROYALTY FEE, AS IT APPLIES TO ALL FLOWING WATERS INTO
RESURRECTION BAY, IN THE VICINITY OF SEWARD ALASKA
WHEREAS, the Seward Bear Creek Flood service area and the Kenai Peninsula Borough are
working to lessen impacts to flooding in the Seward area; and
WHEREAS, the State of Alaska Department of Natural Resources charges a mineral resources
extraction royalty fee of $3.25 per cubic yard for gravel; and
WHEREAS, this extraction royalty fee makes flood control projects more expensive and cost
prohibitive; and
WHEREAS, charging a royalty fee for gravel extraction for flood mitigation projects is contrary
to protecting public health and safety; and
WHEREAS, stream bed loading due to sediment deposits increase the frequency of flooding in
the Seward area; and
WHEREAS, the Seward Bear Creek Flood Service Area Board and the Kenai Peninsula Borough
are working towards stream bed load removal and other flood control options in the
Seward area.
NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH
FLOOD PLAIN TASK FORCE:
SECTION 1. That all flowing waters into Resurrection Bay in the vicinity of Seward, Alaska are
continually filling with sediment and debris that must be removed to lessen the flood
events in the Seward area.
SECTION 2. The gravel deposits in these streams need to be removed regularly to ensure the
economic viability of the community as well as ensure public health and safety.
SECTION 3. That the Kenai Peninsula Borough Flood Plain Task Force requires that the State
exempt flood mitigation projects in the Seward area from its gravel extraction
royalty fee.
SECTION 4. The Kenai Peninsula Borough Task force requests that other concerned local boards
and commissions pass similar declarations in support of this resolution.
ADOPTED BY THE KENAI PENINSULA BOROUGH FLOOD PLAIN TASK FORCE ON
THIS 15TH DAY OF APRIL, 2009.
Ron Long, Task Force Chair
Flood Plain Task Force New Text Underlined; [DELETED TEXT BRACKETED] Resolution 2009-02
Kenai Peninsula Borough Page l of 1
24
Kenai Peninsula Borough
Flood Plain Task Force
Meetin ar Summ
Aoril 15, 2009 - 6:00 p,rn
CALL TO ORDER
Cooper
Hall, 18511 Bean Creek Rd., Cooper Landing
A regular meeting of the Flood Plain Task Force was held on April 15, 2009, in the Council
Chambers of Seward City Hall, Seward, Alaska. Chair Long called the meeting to order at 6:00 p.m.
There were present:
Ron Long, Chair
Dan Mahalak
Holly Montague
Bill Williamson
Randy Stauffer
Ron Wille
Todd Petersen
Absent:
Charlie Pierce, Vice Chair
Kevin Lyon
Bob Hicks
Also in attendance was:
Shellie Morgan, Deputy Clerk
WELCOME
Scott Walden
Sue McClure
Mary Toll
Jane Gabler
Jim McCracken
Matt Gray
Christy Terry
Chair Long welcomed everyone to the Flood Plain Task Force Meeting.
PUBLIC COMMENT - None.
GENERAL DISCUSSION (06:02:00�
Mr. McCracken referenced the April 7, 2009 letter from Borough Mayor David Carey addressed to
the Department of Natural Resources (DNR) regarding the State of Alaska Navigability
Determination of March 20, 2006, he asked if there had been any response from DNR.
Mr. Mahalak stated Mr. Scott Ogan, Natural Resource Manager II, for DNR had been in the area.
He said Mr. Ogan met with him and discussed issues with Salmon Creek; currently in the Alaska
Coastal Management Program (ACMP) review process. He stated the review was for an extensive
dredging permit for 450,000 cubic yards requested by the Borough; however, that figure had been
reduced to 105,000 cubic yards.
Flood Plain Task Force
April 1, 2009
Kenai Peninsula Borough
Page 1 of B
25
Mr. Mahalak noted during the meeting, Mr. Ogan had indicated the 2006 Navigability Determination
was not an official determination, it was only issued as a memo.
Mr. Mahalak noted he had provided Mr. Ogan with data maps, showing the current issues within
the Seward area.
Chair Long asked if Mr. Ogan had indicated how he felt about the navigability. Mr. Mahalak said
it appeared Mr. Ogan felt the creek was navigable.
Mr. Long requested that any further dealings with Mr. Ogan include Deputy Borough Attorney Holly
Montague, to address possible legal ramifications, and asked Ms. Montague to work on a back up
plan in case DNR Games back with a navigable determination.
Mr. Wille stated Flood Plain Task Force Resolution 2009-01 was presented to the Road Service Area
Board (RSA).
Mr. Best stated if a creek was determined non -navigable the survey instruction would change, the
land under the water then became private property, when the creek was determined navigable it
became State property.
Chair Long stated that more than likely the first determination from the State would be navigable,
in order to protect the States interests, the Borough would have had to prove otherwise.
Mr. McCracken stated if the land was patented prior to Statehood, the State then had no claim on
the navigability. (06:13:46)
4? RESOLUTION 2009-02
Mr. Mahalak stated he had spoken with Frankie Barker, Environmental Planner and John Harris,
Director of Public Works from the Matanuska Susitna Borough regarding becoming a co-sponsor
of Flood Plain Task Force Resolution 2009-02, he said both Mr. Barker and Mr. Harris referred him
to Matanuska Susitna Borough Manager John Duffy whom he had not been able to contact.
Mr. Mahalak said the Matanuska Susitna Borough did not include permits for the Borough dredging,
instead they put that responsibility on the contractors; which had resulted in contractors not taking
the jobs. He said the Matanuska Susitna Borough did a Channel Migration Zone (CMZ) analysis
through U.S. Geological Survey (USGS) for $900,000 plus, it took three years and was almost
complete, the May 13, 2009, Matanuska Susitna Planning Meeting would address options for
obtaining community support, and comprehensive plan development.
Mr. Stauffer said during a previous meeting, DNR representative Susan Brown had implied that
prior attempts to remove the royalty fee within the court system had failed.
Mr. Walden stated that Ms. Brown had also referred to the fact, 100 percent of the fee had never
been removed; however, it had been substantially reduced. He said in one case it had been
reduced from $1.00 per cubic yard to $.50 per cubic yard, with the fee waived on the first 5,000
cubic yards. He believed this showed the fee and policy were flexible and should be negotiated.
Kenai Peninsula Borough
Page 2 of B
April 1, 2009
26
Mr. Peterson said he believed the State was charging the royalty fee, to avoid any violations of
State or Constitutional Statues; however, the fee amount was discretionary.
[Clerk's Note: Amendments were made to Resolution 2009-02 as follows: Section 1 to read, "That
[SALMON CREEK, FOURTH OF JULY CREEK, AND SAWMILL CREEK ARE CONTINUALLY] aII FlOWInQ Waters Into
Resurrection Ba in the vicini of Seward Alaska are continual) filling with sediment and debris
that must be removed to lessen the flood events in the Seward area [, AS IT APPLIES TO ALL FLOWING
WATERS INTO RESURRECTION BAY IN THE VICINITY OF SEWARD, ALASKA]." Section 3 to read, " That the
Kenai Peninsula Borough Flood Plain Task Force [REQUESTS] require that the State exempt [FROM
ITS GRAVEL EXTRACTION ROYALTY FEE,] flood mitigation projects in the Seward area from its gravel
extraction royal fee.']
Flood Plain Task Force Resolution 2009-02 was adopted as amended
AMENDMENTS TO BOROUGH CODES
Mr. Wille referred to a section of Borough Code 14.06.170, which read, "The RSA board may
require, upon staff recommendation, an engineering analysis and design for locations susceptible
to flooding, situation, or other natural conditions potentially damaging to the right-of-way, adjacent
Property, or water courses and water bodies." He said the acceptance of the Seward mapped flood
area, stated everything within the mapped area was susceptible to flood.
Chair Long stated the section of 14.06.170 which read, "The RSA board may require, upon staff
recommendation" placed the board in second position, and considered what would happened when
there was no staff recommendation.
Mr. Wille said the RSA board had been considering requesting the Borough Assembly change the
section of 14.06,170 to read, "The RSA board [MAY] shall require[, UPON STAFF RECOMMENDATION,] an
engineering analysis."
Mr. Wille stated due to the challenges in the Seward area the RSA board was looking at applying
stronger requirements, he said almost all roads in Seward had failed at some time, no matter
where they were located.
Chair Long stated that he believed the section of 14.06.170 would better read, "The RSA board
may require[, UPON STAFF RECOMMENDATION,] an engineering analysis."
Mr. Wille stated the current Borough practice was staff reviewed the applications and issued
permits, only when an issue was presents did the application come before the RSA board.
Mr. Best suggested requirements for all road development in the Seward area to require an
engineering analysis due to the challenges; however, there was also a need for an exemption
process.
Ms. Terry asked if there was a variance procedure available in the code. Ms. Montague stated there
was in Borough Code 14.06.230.
Chair Long said all requirements and possible requirements should be provided to the developers
prior to construction beginning.
Flood Plain TaSk Force
April I, 2009
(6:37:32)
Kenai Peninsula Borough
Page 3 of a
27
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664-0167
To Whom It May Concern:
• Main Office (907) 224-4050
• Police (907) 224-3338
• Harbor (907) 224-3138
• Fire (907) 224-3445
• Fax (907) 224-4038
The Seward City Council is sponsoring a Business and Economic Forum at the Seward
High School Auditorium, Wednesday, May 13, 2009 from 7PM to 9PM. The objective
of the forum is to 1) inform citizens on the actions and policies that were implemented
since the last Forum held on September 19, 2007; 2) identify actions and policies that will
continue to encourage and expand economic development in the City of Seward; and 3)
discuss measures to reduce the impact of the current recession on the local economy.
Please take some time to review the attached list of goals developed at the previous
economic forum and the City's actions and accomplishments in addressing the identified
goals. The goals are bolded and the updates of accomplishments follow in regular text.
We hope you will come to the forum prepared to offer specific thoughts and suggestions
on expanding opportunities for existing businesses and developing opportunities for new
businesses. Additionally, the City would like suggestions on what we should continue to
pursue and what goals should be added or deleted.
The forum will be led by the City of Seward Council Members and City Manager Phillip
Oates. City of Seward Administrative Staff will be in attendance to help facilitate the
discussion and move the action items forward through the public process. Also in
attendance will be Bryan "Zak the South West Regional Director for the Alaska Small
Business Development Center. Bryan will be available to offer assistance and provide
information on stimulus grants available to small businesses.
We solicit your active participation in the City of Seward Economic Forum, but if you are
unable to attend the scheduled forum, please provide written or verbal comments to
Executive Liaison Anne Bailey at 224-4047 or abaileyLa)cityofseward.net. Thank you in
advance for your support.
Sincere
Willard am
Vice -Mayor, City of Seward
Enclosure: 2007 Economic Forum Goals with Accomplishments
2007 Economic Forum with accom lishments
Top 10 Things/Themes for Support of Business
S Vice Mayor Dunham and the City Manager personally visited Crowley and Tote while in
Seattle.
1. Encourage movement between downtown and harbor
COS prepared an RFP for transportation from cruise ships to harbor, downtown and
major tourism destinations. Lobbying state for cruise ship head tax to be dedicated
for this expense.
COS added "wpanels
mini interpretativeive pa"Home of the AK Flag, "mountains of recreation" signs on
nels from cruise ship to Harbor area.
• Install attractive and informative signage (wood) including maps
• Develop walking tours with graphic images along the designated route
Historic Preservation Commission has produced a historic walking tour
and Chamber of Commerce has a map with major destinations.
• Develop an awning policy to encourage walking and incentives to install
awnings
• Connect the boardwalk from train wreck to bike path with seawall for
continuity
A Community Development Block Grant was applied for in 2008 to install
an ADA boardwalk in the South Harbor, but Seward was not awarded this grant.
Seward will re -apply in the future for this grant.
• Install sidewalks and lighting on both sides of 4`h Avenue
2. Enhance commercial fishing industry
• Improve support to crew members while in town
COS has prepared a commercial fishing brochure/ flyer for comparative rates.
• Increase transient moorage for commercial fisherman with utilities
COS has applied for state funding for Z-dock, lobbying state and federal
legislature to help assist with funding. COS hasn't increased the amount of
transient moorage, but we recently installed 22 new power pedestals on I & T
dock. We also have year-round water service available to vessels on T dock.
• Encourage vendor for commercial fishing supplies
y Private businesses will increase supplies if fishing boats are located in
Seward. The harbor department has worked with local vendors to ask them to
carry shore power cords which will fit the new pedestal power (208v 3-phase)
that allows vessels to utilize this power rather than running their generators.
This was a success for the "Blue Boats"- processing fleet that utilized this area
of the harbor this winter.
• Market support to fishing fleet
A member of the Alaska Sea Grant program gave a presentation May 2008 to
the commercial fishing fleet on ideas for marketing their product. "The
29
Business of Fish" is now an I week course that is offered to assist
commercial fisherman become business savvy. The Harbor and Chamber
departments developed two fliers to promote local marine businesses and to
showcase recent improvements in the Seward Harbor for the commercial
fishing fleet. Fliers were distributed at Pacific Marine Expo (Nov '08) and
through a "welcome back" letter sent out (Feb '09) to commercial fisherman.
3. Finish the SMIC basin- potential and discourage derelict boat storage
➢ Harbor is working this initiative with city council.
➢ A feasibility study is being completed by Northern Economics concerning the city's
ownership and management of the 250ton Travelift and storage/maintenance yard.
The outcome of the study will be presented in a joint work session with PACAB and
City Council. This will provide administration direction with grant proposals, budget
planning, and facility improvements.
➢ &Harbor Tariff is underway. Included in the
A revision of the City Code and Port
proposed changes will be a significant fee increase for vessels stored over 9 months.
➢ The impound process has begun for 16 derelict vessels in SMIC. A letter has been
written to the USCG requesting their assistance with derelict vessel disposal efforts.
4. Provide consistent interpretation and application of policies (e.g., business license
fees, tax collection for temporary business activities) and rewrite code where it is
inadequate.
➢ COS is working on an update the city code. Each section will need to be approved by
the City Council. A revision of the City Code and Port & Harbor Tariff is underway,
and will be brought for public review in 2009. Harbor staff has developed standard
operating policies to enforce annual deadlines and to require consistent documents for
contracts and agreements.
➢ COS is in the process of revamping the Business License procedure and permitting
processes.
5. Improve the customer service attitude from City to citizenry by reinforcing the idea
that the City (staff's) purpose is to serve citizens and businesses. Establish a
business advocate/facilitator to assist with licensing, permitting, inspection
processes.
➢ City manager is trying to create this culture. A community development director has
been funded and hired.
➢ The city chamber of commerce, city manager, and community development director
are working together to advocate and facilitate businesses.
➢ A "How to do Business" section has been added to our city website.
➢ Customer Service language has been added to each job description.
6. Better define and publicize roles of PACAB, City Administration, Chamber of
Commerce, P & Z Commission, and citizen groups in relation to business
development.
➢ COS website explains the mission and roles of these departments and entities_
30
COS makes an effort to retain good relations with the Chamber of Conunerce, PAC
and other commissions by staffing and attending as many meetinAB
meetings as possible.
PACAB's powers and duties have been clarified and redefined in the Seward City Code
7. Reduce energy costs by reducing rates and fees associated with City utilities
(electric) or by exploring alternative energy options.
The City of Seward has not increased electrical rates to customers, despite an increase in
electrical rates passed on to the City by Chugach Electric Association in 2008; of approx.
5%.
8. Encourage development (subdivisions & businesses) by the City providing
infrastructure.
Y COS is able and willing to expand infrastructure pending a funding source. We continue
to lobby state and federal sources to enhance economic opportunities where possible.
The City expanded Forest Acres' water infrastructure, at no cost to property owners,
which enabled many new homes to be built in the forest acres area.
Most recently, the City expanded water, sewer, and electric utilities to the long-term care
facility, which has opened up adjacent undeveloped properties fbr development.
9. Review harbor land use to maximize revenue for the City and increase the diversity
of activities for residents/visitors
Harbor is reviewing land use plans and intends to post some lease and sale properties
online in 2009.
In 2008, Council doubled parking daily fee from $5 to $10. In response to the current
economic climate, Council reduced the fees back to $5 on April 27, 2009.
• Move USCG (and Harbormaster) and support AKRR development plan
The City is in the process of facilitating the relocation of the USCG support
building to the North Harbor.
• Address pedestrian, traffic congestion
A meeting was held May 2008 with companies utilizing buses for tourist transport
in the harbor area. A plan was created with the Parking and Harbor Department
to facilitate better traffic and pedestrian flow in front of the Harbormaster
building.
• Review leases to assess the amount of revenue coming to the City and the
impact on business development and expansion
➢ A Harbor Uplands Property Lease vs Sale Cost -Benefit Analysis was completed
in 2002. The summary of findings states, "The study concludes that it is in the
City's financial interest to maintain ownership of the harbor upland property
rather then to sell... annual lease revenues for these parcels increased $39,280
($491,000 appraised value increase x 8%, and annual property tax revenues
increased approximately 47,360)."
z
31
10. Support partnership between public school system, post -secondary institutions,
businesses and alternative opportunities (Jesse Lee Home) to foster a healthy and
vibrant k-16 education system.
➢ COS is dedicated to partnering with various schools and educational programs to enhance
our school district.
➢ Friends of the Jesse Lee home are working with the local schools on the leadership
school and gave an update to Council in February2009. (Quality Schools, Quality
➢ Several staff attend and serve on action committees with QS2 (Q ty
Students.) TYC's three councils are invited to participate. Action plans are being
developed.
Top 10 Things/Themes for Economic Development
1. Connect Boardwalk from Ship Dock to ASLC
➢ boardwa kiBlockity Development n the South Harbor,but Seward was anot lawarded this grant. Seward willed for in 2008 to install an re-
apply in the future for this grant.
2. Enhance Commercial Fishing
➢ COS has prepared a commercial fishing brochure/ flyer for comparative rates.
➢ COS has applied for state funding for Z-dock, lobbying state and federal legislature to
help assist with funding
➢ COS hasn't increased the amount of transient moorage, but we recently installed 22 new
power pedestals on I & T dock. We also have year-round water service available to
vessels on T dock.
a. Transient berths with utilities
b. Available goods and services
c. Eliminate double moorage SBH/SMIC
➢ Better marketing for all of the above, and that Seward is the easiest accessible
port from Anchorage.
The Harbor and Chamber developed two fliers to promote local marine
businesses and to showcase recent improvements in the Seward Harbor for the
commercial fishing fleet. Fliers were distributed at Pacific Marine Expo (Nov
'08) and through a "welcome back" letter sent out (Feb 109) to commercial
fisherman.
d. Move waste and trash containers
➢ The harbor department has removed one used -oil collection site from the
harbor and is renovating two others to include used anti -freeze collection sites.
➢ The harbor is applying for a grant to construct a new fish cleaning station in
the NE Harbor that is similar to those located at J & B Docks. ADF&G has
committed $100K to the project.
3. Allow transient/portable building businesses
➢ City code has been modified to allow temporary structures as defined by SCC.
A
32
4. Better use of Harbor space
City continues to work with USCG, Alaska Railroad and other harbor users to develop a
long term plan to best utilize harbor space.
a. Parking garage
➢ City is exploring parking options, digital ticketing and other options pending
funding,
Presentation from parking staff to PACAB re: garages, etc... Spring 2008.
b. Shuttle to off -site parking
c. Develop Mariner's Landing
d• Move waste and trash containers —
➢ The harbor department has harbor and is renovating twremoved one used -oil collection site from the
sites. o others to include used anti -freeze collection
5. Lease or Sell?
➢ A Harbor Uplands Property Lease vs Sale Cost -Benefit Analysis was completed in 2002.
Other properties are not yet defined. The summary of findings states, "The study
concludes that it is in the City,s financial interest to maintain ownership of the harbor
upland property rather then to sell...
a. Identify pros and cons of each from business and City points of view
➢ Address this during the Municipal Lands Plan update (2009-2010).
b. Compare to other areas/cities
c. Is Downtown a good model?
6. Develop SMIC area
>' SMIC Master Plan was updated in 2008
a. ....or allow to be developed
b. Finish breakwater (Pending Corps of Engineer funding)
c. Feasibility/value analysis for bench residential
d. Uplands lease incentives
e. Improved work stations in 250-ton yard
➢ The Harbor has written a grant for a wash -down facility with recycled water and
proper stormwater disposal for the SMIC yard.
➢ The Harbor has applied for the MARAD Assistance to Small Shipyards grant for
electrical infrastructure improvements.
L Rewrite boat work policy
7. Revitalize downtown
➢ City continues to work with Park Service for Mary Lowell Center alternatives and the
SeaLife Center for long term stability
Hoben Park fountain added 2008
Kawabe Park mural added by mural Society 2008
➢ COS will complete construction of a waterfront pavilion by July 2009
33
8. "Front-end" utilities in newly developed areas instead of requiring developer to pay
UP front costs
➢ COS has utilized "minimum payment agreements" to subsidize the cost of Utility
expansions for many local qualifying businesses.
➢ COS paid to install water into undeveloped neighborhoods in Forest Acres, at no cost to
adjacent property owners, to encourage residential property development, resulting in
construction of many new homes in the area.
9. Quality of Life as ED tool: K-12 and post -secondary education
10. Fully develop IT links, fiber optic
➢ COS has made significant improvements in this area in the past year. Most specifically,
long-term care facility and the
it has migrated to Voice-over-IP in collaboration with the
hospital. The hospital has video conferencing capability, which allows expansion of
medical education, as well as a variety of other uses. AVTEC also have video
conferencing capability.
Top 10 Things/Themes for City Support of Business and Economic
Development
1. Revise the Seward City Code to eliminate inconsistencies across the code.
➢ Community Development is working with each department to update the city code. Each
section will need to be approved by the city council. Staff will begin the public process
with the Zoning Code the second Planning Commission meeting in May. The harbor
portion of Title 7 and the Harbor Tariff will begin the public process in June.
2. Develop flow charts and check -lists that show (and speed) the flow of procedures and
actions that are necessary to obtain specific city services, approvals, or permits.
➢ COS has developed several flow charts for 1) building license and 2) facility use
permitting.
3. Develop and implement a multi -year budget.
➢ The community voted in favor of implementing a multi -year budget and staff will begin
implementation of a multi -year budget in the spring.
4. Show what is being outsourced on the City web page.
➢ City identifies outsourcing in the 2007 budget and on the City website.
5. Increase outsourcing and reduce the size of City government.
Efficiency study identified some outsourcing opportunities that will continue to be
explored.
6. Enforce ordinances and consider elimination of directives that are not being
enforced.
41
34
% COS continues to work to improve enforcement and update the code
enforce specificto eliminate and
codes.
7• Define (through
government g a Public process) the essential services and functions of City
r This was discussed in the 2007 budget process and will continue to be defined and
discussed on an annual basis.
As part of the efficiency study conducted in 2008, the cif
framework for tackling this issue. He identified a list of services the Ci
y manager established a
out sources, and asked that the Council consider, through public meetings, identifying the
ty provides and
City's essential services and functions. Public meetings were held and the cif
reached out to various community groups (e.g. Chamber of Commerce,
Rota Y manager
Rotary) to gain input. Identification of the essential services anLions Club,
government continued into the process of formulating the 2009 Budget. Ultimately, a list
functions of City
was developed of the types of City functions which could potentially be outsourced
(electric utility, harbor, hospital, etc.), but the Council decided that the services currently
being provided by the general fund, while not necessarily considered essential by
everyone, were the
to enhancing the quality of life of community residents, and to
ensuring a diverse community.
8. Focus efforts on achieving a leaner and more efficient approach Y City efficiency study was completed in 2008 to City government.
for this specific purpose.
The efficiency study was conducted in 2008, and identified a significant number of
efficiencies opportunities, which have either been implemented, or are being pursued by
staff.
9. Increase emphasis on public and private partnerships to improve the quality of life
year round in Seward.
➢ The City developed a quality of life section on the website that we continue to update and
modify. This is a stepping stone to identifying and improving what the City already offers to
enhance quality of life.
10. Focus on the positives of Seward, such as a staff that provides excellence in public
service, low property taxes, low lease rates, historic community, beautiful natural
resources, strong healthcare system, diverse sources of revenue, success in supporting
big projects, and 3-time All -American City.
➢ The City has featured many of these "positives of Seward" on our City website and
continues to identify and improve upon what we do focus our energy and resources towards.
7
35
If you were part of the Seward Community the
Playground Project, hane Everyone speaks
great feeling y y p
with pride about the playground and the
volunteer effort.
As soon as the playground was completed, many wanted to start
work on the waterfront pavilion.... The time has come!
You are invited to help with the waterfront pavilion that is under
construction at the end of Adams Street: This community project
has been made possible with City of Seward funding and the
Alaska SeaLife Center.
Specifically, we need volunteers to fill shifts from May 18 — May 27. As
many as eight volunteers can work per shift: Morning 8am-12pm, After-
noon 12:30 — 4:30pm, and Evening 5pm-9pm. We need help painting
lumber in the City Hall Garage located in the north parking lot of City
Hall. Please call 224-4049 to fill a shift. We will need your name, contact
phone, level of experience and when you would be available. As part of
the volunteer crew, we are looking for a Lead Painter or two. Please let us
know if you would be willing to supervise shifts. What an opportunity to
complete this corner of the waterfront!
Volunteer Painters needed May 18-27`"
Come help with the new Waterfront Pavilion
Call 224-4049 for more information
36
6:00prn cc WS Economics l
Forum
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Meeting
Study With PACAB
6:30PM Historic
Preservation
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Memonatuay I 5:30pro CC WS Budget
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Meeting
Social Security
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Nanci Richey 1 5/1/2009 9:14 AM
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Nand Richey 1 5/1/2009 9:14 AM