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Home My WebLink About06012010 Planning & Zoning Packet Seward Plannin g Zoning & Commission Agenda Packet f"' of SF►y ♦♦ qA toP • June 1, 2010 Regular Meeting City Council Chambers Beginning at 7:30 p.m. Seward Planning & Zoning Commission Regular Meeting June 1, 2010 7:30 p.m, City Council Chambers Sandie Roach' Chair 1. Call to Order Term Expires 02/13 Steven Heinrich 2. Opening Ceremony Vice Chair Term Expires 02/11 A. Pledge of Allegiance FrankDeMarco 3. Roll Call Commissioner Term Expires 02/12 4. Special Reports & Presentations Tena Morgan Commissioner A. City Administration Report Term Expires 02/13 Vacant B. Other Reports, Announcements & Presentations Commissioner Term Expires 02/12 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in Cindy Ecklund will be given the first opportunity to speak Time is limited Commissioner Term Expires 02/11 to 2 minutes per speaker and 30 minutes total time for this agenda item] Vacant Commissioner 6. Approval of Agenda and Consent Agenda. [Approval of Term Expires 02/13 Consent Agenda passes all routine items indicated by asterisk ( *). Consent Agenda items are not considered Phillip Oates separately unless a Commissioner so requests. In the event City Manager of such a request, the item is returned to the Regular Agenda.] Christy Terry Community Development Director Donna Glenz Associate Planner Dwayne Atwood Com/Dev. Admin Assistant Planning and Zoning Commission Regular Meeting Agenda June 1, 2010 1 MIL 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfmished Business Items requiring a Public Hearing — None B. New Business Items requiring a Public Hearing - None 8. Unfmished Business — None 9. New Business — A. Resolution 2010 -07 of the Planning and Zoning Commission of the City Of Seward, Alaska, Endorsing the South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two As Attached Page 3 B. Discussion and Comments regarding the draft ordinance setting standards for Wind Energy Conversions Systems within the City of Seward Page 33 * C. April 6, 2010 Regular Meeting Minutes Page 42 10. Informational Items and Reports (No action required) - A. Correspondence to the Downtown Merchants on the Pet Waste Program 48 B. National Flood Insurance Program Community Assistance Visit — June 17 Page 51 C. National Flood Insurance Program/Community Rating System Update April — May 2010 newsletter Page 52 D. FEMA Meetings on Revised FIRM Maps Page 61 E. Senator Gary Stevens Letter to Commissioner Tom Irwin Page 62 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 Regular Meeting Agenda June 1, 2010 2 Sponsored by: PZ Commission and PACAB CITY OF SEWARD, ALASKA RESOLUTION 2010 -07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED WHEREAS, Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council; and WHEREAS, previous to the May 11, 2010 Joint Work Session the Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17; and WHEREAS, the Planning and Zoning Commission and the Port and Commerce Advisory Board recommend that the first projects that should receive initial funding efforts include the Fishing Pier and Boardwalk, both with ADA accessibility; and WHEREAS, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial; and WHEREAS, the attached recommendations shall be incorporated into the update of the Small Boat Harbor Development Plan; and WHEREAS, the parcel is zoned both Harbor Commercial to the north and Park to the south, which is appropriate for the planned development. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting is hereby endorsed as attached hereto. Section 2. The structure types on the Harbor Commercial north side of the uplands are excluded from the conceptual development plan endorsement and will be reviewed for appropriate improvement types during later development stages. Section 3. This resolution shall take affect immediately upon its adoption. 3 CITY OF SEWARD, ALASKA RESOLUTION 2010- 07 PASSED AND APPROVED by the Planning and Zoning Commission of the City of Seward, Alaska, this 1 day of June, 2010. 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Agenda Statement s :*- Meeting Date: June 1, 2010 To: Chair and Commission Members j From: Community Development Director Christy Te Agenda Item: ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED BACKGROUND & JUSTIFICATION Under the June 2003 Project Cooperation Agreement between the Department of Army and the City of Seward for Construction of the Harbor Improvements, dredged and excavated material was deposited behind the newly extended Breakwater creating approximately 3.5 acres of filled land described by the Corps as "BOD Disposal Area 1." On February 12, 2007 the City of Seward authorized the approval of the Department of Army memorandum for record and accepting Disposal Area 1. This area is owned by the City of Seward, but also remains subject to the federal doctrine of navigational servitude. Council directed the Planning and Zoning Commission and the Port and Commerce Advisory Board to hold a joint work session to provide development recommendations for the new South Harbor Uplands. Both Bodies had developed and sent their recommendations to Council on various aspects of development of this newly created parcel. The Port and Commerce Advisory Board held additional work sessions and provided recommendations to Council including Resolution 2008 -03. The Planning and Zoning Commission, Seward City Council and the Kenai Peninsula Planning Commission made recommendations and approved South Harbor Uplands Plat 2009 -17. Also, the Historic Preservation Commission, Port and Commerce Advisory Board, Planning and Zoning Commission, and Council have all approved Resolutions supporting the concept of the Mariners Memorial. A Joint Planning and Zoning Commission and Port and Commerce Advisory Board Meeting was held on May 11, 2010 with many Council Members, Administration and public also in attendance. Recommendations developed at the meeting are included in the resolution including: Tryck Nyman Hayes Conceptual Development Plan Option Two should be adopted as the development plan; initial funding should be sought for the development of the Fishing Pier and Boardwalk, both with ADA accessibility; the current zoning should remain as it is in harmony with the development plan; and the structure types on the Harbor Commercial north side of the uplands should be excluded from the conceptual development plan approval and should be reviewed for appropriate improvement types during later development stages. 6 INTENT: This resolution proposes to endorse the South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two as presented at this meeting as attached. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Small Boat Harbor Development Plan RECOMMENDATION Approve RESOLUTION 2010 -07 ENDORSING THE SOUTH HARBOR UPLANDS TRYCK NYMAN HAYES CONCEPTUAL DEVELOPMENT PLAN OPTION TWO AS ATTACHED 7 r► Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -013 A RESOLUTION OF' THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE SEWARD SMALL BOAT HARBOR, SOUTH HARBOR ADDITION, REPLAT, LOCATED WITHIN THE HARBOR COMMERCIAL AND PARK ZONING DISTRICTS WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the new City -owned lands commonly known as the south harbor uplands; and WHEREAS, Cline and Associates submitted, on behalfofthe City of Seward, a preliminary plat combining the newly formed area known as the south harbor uplands with portions of the existing Small Boat Harbor subdivision, the Laubner Addition and the Alaska Tidelands Survey 174 creating Lot 17A, Block 6, Seward Small Boat Harbor South Harbor Addition; and WHEREAS, this platting action will vacate interior lot lines creating a single lot of approximately 9.63 acres in size which will provide legal access from the Fourth Avenue right -of- way; and WHEREAS, this property is currently zoned Harbor Commercial (HC) and Park (P) the rcplat does not create any non- conforming structures or lots; and WI I EREAS, no subdivision installation agreement is necessary because this lot is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, the proposed platting action provides utility and access easements for all existing utilities and current accesses; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2009 -02, recommending the Seward City Council and the Kenai Peninsula Borough approval of the replat. - NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council recommends the Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition Replat. Section 2. This resolution shall take effect immediately upon its adoption 8 City of Seward, Alaska Resolution No. 2009 -013 Page 2 of 2 PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 9th day of March 2009. THE CITY OF SEWARD, ALASKA (gtiL Clark Corbridge, Mayor AYES: Dunham, Bardarson, Kellar, Smith, Kei1, Corbridge NOES: None ABSENT: Valdatta ABSTAIN: None ATTEST: OM. . Jean Lewis, CMC CityClerk (City Sea1) ♦• w �. A s • r y ma r i '' . i' a o ,• i `, • s it r arearasttli ♦ 9 City Council Agenda Statement Meeting Date: March 9, 2009 r °F k. SE J q Through Phillip Oates, City Manager` Christy Terry, Community Development Director From: Donna Glenz, Associate *fic - Agenda Item: Recommending Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition, replat, located within the Harbor Commercial and Park Zoning Districts BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Scward. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City Council. The resolution before the Council today deals solely with the platting action of the South Harbor Uplands and access area. This area which has become known as the south harbor uplands was built by the Army Corp of Engineers from the dredging spoils of the work done in the Scward Small Boat Harbor. SUBDIVISION REVIEW: Zoning: This platting action contains areas in both the Harbor Commercial and Park Zoning Districts. Once the platting action has been completed the zoning of the uplands will continue in a cardinal line across the fill area to the center of Resurrection Bay per SCC 15.01.030 (e)(7) Official maps. Size: This platting action will vacate interior lot lines creating a single parcel of approximately 9.63 acres in size which will provide legal access to the Fourth Avenue right -of -way, Lot I 7A exceeds the development requirements required in SCC Table 15.10.220 for both the portions within Harbor Commercial and the Park Zoning Districts. The replat does not create any nonconforming or encroachment issues. Utilities: The property is served by all necessary utilities; therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing utilities and current accesses. Page 1 of 2 10 Existing Uses: The property currently contains the City boat launch, parking lot areas, a summer RV camping area, access to the south uplands fill area, access ramps for S and Q floats, restrooms, the oil collection site and numerous City utilities. Flood Zone: Portions of the property are located within a FEMA mapped High Velocity Hazard Zone (V- . Zone). Areas determined to be within the V -Zone are detailed on the plat CONSISTENCY CHECKLIST: Where applicable this resolution is consistent with the Scward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and the City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this platting 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. At the time of the Planning and Zoning public hearing, one public comment had been received. A verbal question on location was clarified and the inquirer voiced no other concerns with the replat. FISCAL NOTE: Approved by Finance Department: /2 44444, ATTORNEY REVIEW: RECOMMENDATION: Approve Resolution 2009 -13, recommending Kenai Peninsula Borough approval of the Seward Small Boat Harbor, South Harbor Addition platting action. Page 2 of 2 6 11 Sponsored by: Port and Commerce Advisory Board CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2008 -03 A RESOLUTION OF THE SEWARD PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING TO THE PLANNING AND ZONING COMMISSION, CITY COUNCIL AND ADMINISTRATION THE ZONING DISTRICTAND USE OF THE SOUTH HARBOR UPLANDS AREA WHEREAS, under the June 2003 Project Cooperation Agreement between the Department of Army and the City of Seward for Construction of the Harbor Improvements, dredged material was deposited behind the newly extended breakwater creating approximately 3.5 acres of filled tidelands described by the Corps as `BOD Disposal Area 1;" and WHEREAS, on February 12, 2007, the City of Seward authorized the approval of the Department of Army Memorandum for record and accepting Disposal Area 1; and WHEREAS, the City of Seward has designated the BOD Disposal Area 1 as the South Harbor Uplands Area; and WHEREAS, the City of Seward has received inquiries about using the South Harbor Uplands Area for a wide variety of uses; and WHEREAS, no long -term plan exists for consideration by the Planning and Zoning Commission or the City Council; and WHEREAS, discussing the development of the South Harbor Uplands Area and providing a recommendation on the zoning district and use of the area is a function of the Port and Commerce Advisory Board per Seward City Code Section 2.30.325; and WHEREAS, the Port and Commerce Advisory Board discussed the South Harbor Uplands Area at the February 20, 2008 Work Session, the June 4, 2008 Regular Meeting and the September 3, 2008 Regular Meeting. NOW, THEREFORE, BE IT RESOLVED, that the Seward Port and Commerce Advisory Board, recommends the following for the zoning and use of the South Harbor Uplands Area: 1. The South Harbor Uplands Area should be designated Harbor Commercial Zoning District. 12 Port and Commerce Advisory Board Resolution 2008 -03 -� Page 2 of 2 ' 2. The South Harbor Uplands Area should be used for a variety of uses consistent with the Harbor Commercial District zoning designation. 3. Development of the South Harbor Uplands Area should include municipal areas reserved for landscaped public use. 4. All development on the South Harbor Uplands Area must comply with all land use, building, lire and electrical regulations in the Seward City Code. 5. Development of the South Harbor Uplands Area should include continuance of the existing boardwalk and completion of the boardwalk up to the Mariner's Memorial with strong consideration of continuing it to the bike path. BE IT FURTHER RESOLVED their recommendation be forwarded to the Planning and Zoning Commission and Seward City Council. BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board this 3` day of September 2008. THE.CITY SEW - ' D ALASKA Ron Long, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: i ewis, -f. G 1 j � t :41 * ssula••• • ••i ! ) � OF, E I'�r s • ., • lerk . -� • ` '' a (City Seal) WI I r 'a 40 r O. 41 4 T.}.; '.' . "' y ••'' miss •••• 13 rr WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING A PROFESSIONAL CORPORATION TELEPHONE ERIC A. AUTEN 907.276.6401 JULIUS J. BRECHT ATTORNEYS AT LAW CHERYL RAWLS BROOKING FACSIMILE CYNTHIA L. CARTLEDGE 900 WEST 5TH AVENUE. SUITE 600 907.276.9093 MICHAEL GATTI ROBERT M. JOHNSON BRADLEY E. MEYEN 51TE ANCHORAGE, ALASKA 96901 -204.9 WEB SITE E. WOHLFORTH www.w m CONFIDENT1AUATTORNEY- CLIENT PRIVILEGED This is a PRIVILEGED COMMUNICATION in respect to a confidential matter between attorney and client, is not subject to subpoena, and cannot be received in evidence in a court action. However, we suggest that you retain this material under your personal control rather than in general files. MEMORANDUM • TO: Scott Ransom, Harbormaste FROM: Brad Meyen, City Attome DATE: July 28, 2005 SUBJECT: Small Boat Harbor South Breakwater and Filled Land; Our File No. 4337.41 02 This memorandum provides general comments on the land ownership status for the south breakwater ( "Breakwater") and adjacent filled land and discusses limitations on their use. Nothing contained in this memorandum may be considered an admission of fact by the City of Seward ( "City") concerning title to the filled land, and it shall not be used for or considered a title opinion. Title insurance and a land survey should be obtained prior to making significant improvements on the filled land. Hereinafter "Corps" is used to refer to the United States government in general and when the federal government is acting through the Department of the Army. Summary Under the June 2003 Project Cooperation Agreement between the Department of Army and the City of Seward for Construction of the Harbor Improvements (the "Agreement "), dredged_and excavated material was deposited behind the newly extended Breakwater creating approximately 3.5 acres of flied land described by the Corps as "BOD . 1:1Docs1433710011General 2005\M2Ransom re Harbor Breakwater.wpd 14 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 2 Disposal Area 1." You have asked who owns and controls the Breakwater and the filled land created by the deposit of dredged materials by the Corps and what use may be made of the Breakwater and the filled land in particular, given the May 25, 2005 "Memorandum For Record" prepared by the Corps which, upon signing by the City, will indicate the City's acceptance of BOD Disposal Area 1. CONFILIrl 01 Based on the assumptions described below, we believe the area containing the Breakwater and filled land to be owned by the City but remains subject to the federal doctrine of navigational servitude ( "Navigational Servitude "). We strongly recommend that the area containing the Breakwater and filled land be surveyed and a preliminary commitment for title insurance obtained based on that survey before any significant improvements are made by the City on the filled land. The City may make limited use of the filled land subject to applicable land use restrictions, City ordinances, and other governmental regulations. However, for the reasons described below, this filled land should not be considered available for sale or lease. The Breakwater is a separate general navigation feature that continues to be operated and maintained by the Corps under the Agreement, and use of the Breakwater must be coordinated with the Corps. Discussion In regard to coastal lands generally, the State of Alaska received tide and submerged lands at Statehood under the Equal Footing Doctrine and the Submerged Lands Act. The State then transferred some of these lands to its political subdivisions. For the most part, uplands, tidelands, and submerged lands in Alaska are subject to the Alaska Land Act, AS 38.05. it appears that the City received title to the tidelands and submerged lands beneath the general harbor area through the Tidelands Preference Right Act and a state grant of ATS 174. This general area also appears to be covered by Tract No. 100 reconveyed to the City by the Corps in 1999. CONFIDENTIAL 1 The City has not signed this document pending completion of a topographical survey by the Corps. Discussion on use of the filled land assumes the City wilt eventually sign this document accepting the Corps work resulting in the filled land. 2 ATS 174 was conveyed to the City as a preference right pursuant to Tidelands Patent No. 232 under AS 38.05.320 which is now AS 38.05.820. 3 The survey is important because the Breakwater and filled land appear to be close to the southwest boundary of Tract No. 100. A title report dated September 5, 2000 by First American Title Insurance Company indicates thatthe land generally within the Seward small boat harbor is owned by the City (excepting the Alaska Railroad properties). The locations and boundaries of the Breakwater and filled land • should be determined by a survey.- A title report, based on a current survey, would confirm title. I:Wocs1433710011General 20051M2Ransom re Harbor Breakwater.wpd 15 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 CONFIDENTIAL Page 3 The 1964 earthquake and subsequent seismic waves completely destroyed the Seward small boat harbor, and reconstruction of the harbor was authorized by the River and Harbor Act of 1964. The submerged lands comprising the harbor were conveyed by the City to the Corps in August 1965 as part of the harbor reconstruction process. The adjacent uplands owned by the City were not conveyed. CONFIDENTIAL During the 1993 North Pacific Division Command inspection, the Corps determined that for local cooperation projects such as the post earthquake harbor reconstruction in Seward, the local government sponsor (the City in this case) need not actually convey its real property interests to the United States; rather, the local government sponsor need only certify that it has adequate land holdings and that it will make the lands available to the federal government for such projects. Because it was determined that no authority existed for the Corps to acquire title to the submerged lands for the post earthquake reconstruction project, the underlying property which the City conveyed to the Corps in 1965 was reconveyed to the City by two quitclaim deeds executed on September 23, 1999 (deeds covered Tract No. 100 and Tract Nos. 101E and 102E). These deeds were recorded February 8, 2000. it therefore appears, and we assume for purposes of this memorandum, that the City owns the tidelands and submerged lands under the Breakwater and the filled land. That ownership and use of the areas are subject to the following: 1. Navigational Servitude. • CONFIDENTIAL Since the City owns the adjacent uplands, it would have rights of a littoral landowner. A littoral landowner (particularly if the owner also holds title to the adjacent submerged lands) generally has the littoral right to wharf-out or create filled areas, subject to proper permitting requirements. However, this right is subordinate to Navigational Servitude. Navigational Servitude is a federal right to use tide and submerged lands for . navigational purposes, which, if not exercised bythefederal government, may be exercised by the state or a political subdivision. Navigational Servitude is a dominant servitude which extends to all lands below the ordinary highwater mark and is grounded in the power of the • federal government to regulate commerce. Where it applies, Navigational Servitude continues regardless of ownership of tide and submerged lands, and under this doctrine the federal government may, at any time, construct levees and breakwaters, dredge channels, deposit dredged materials, and make other improvements to aid navigation. The use of tide or submerged lands by the Corps under Navigational Servitude is not considered a governmental taking and no compensation is required. To waive or abandon this right takes specific action by the federal government. Waiver of Navigational Servitude may not be implied but must be surrendered in unmistakable terms. United States v. Cherokee Nation of Oklahoma, 480 U.S. 700 (1987). Such a waiver has not occurred in this case. 1:1Docs1433710011General 20051M2Ransam re Harbor Breakwater.wpd 16 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 4 2. Construction and Access Under the Agreement. CONFIDENTIAL The Corps may supplement its authority to create aids to navigation under • Navigational Servitude by seeking local cooperation by agreement to provide necessary lands, easements, or rights -of -way for navigational improvements. In addition to the authority assumed by the Corps under Navigational Servitude, use of the Breakwater and filled land is also covered by the Agreement. The Breakwater is one of the "general navigation features" under the Agreem an an item the Corps has agreed to construct and operate to aid navigation. The City agreed to provide access to the property it owns or controls for federal operation and maintenance of the Breakwater. Notwithstanding the lack of Corps ownership of the tide and submerged lands on which the Breakwater is constructed, both the Agreement and Navigational Servitude give the Corps access to the Breakwater, and the use of the Breakwater must be coordinated with the Corps. As part of the current harbor improvements, the City approved the Areement providing the Corps access to the land necessary to complete the navigational improvements. The local contributions to the project included not only access to lands to construct the Breakwater but also for disposal of dredged materials. Under the Agreement, the Corps did not want title to land: "However, nothing contained herein, shall convey to the Government any interest in real property owned or controlled by the Non - Federal Sponsor.n Furthermore, the actions by the Corps to extend the Breakwater, dredge the channel, and incidently create dry land through the deposit of dredged materials did not give the Corps title to such land or material deposited. The City's acceptance of BOD Disposal Area 1 returns day to day control of the filled land to the City but does not waive Navigational Servitude. With this in mind, the City may otherwise make use of the filled land subject to the caveats contained in this memorandum. 3. Patent Restrictions. COP Wiiio fiAL Use of the filled area may also be subject to reservations and exceptions as contained in the U. S. Patent and any other valid existing rights, reservations, easements and use restrictions (including state patent). An updated survey and title report are necessary to determine reservations and exceptions of record. For example, Tidelands • 4 The City is referred to as the Non - Federal Sponsor in the Agreement. 1:1Docs1433710011Generaf 20051M2Ransom re Harbor Breakwater.wpd 4: iii L1s +� =• ; dr 17 rr. Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July 28, 2005 Page 5 Patent No. 232 expressly reserves to the State of Alaska all mineral rights and is subject to the restriction that no one can take herring spawn in the waters or over the tidelands conveyed nor can anyone on the property engage in the sale, barter or exchange of the herring spawn for profit except that herring spawn can be used by state residents for personal consumption or "barter or exchange for the necessities of life, pursuant to AS 16.10.140 -170 as amended." • 4. Miscellaneous Federal and City Restrictions. gQ7�FIDEIITIAL Absent other restrictions by law or agreement, the City, does have power to operate the harbor as a public facility in a manner consistent with Navigational Servitude. Charter § 4.10 provides: "The council shall regulate the use and development of all waters and submerged lands which are subject to the jurisdiction of the ci ." .. However, -.lease not:' that other loci state, and federal .laws may a ect . use of the fill -• d. The Hare or Improvements Final Interim feasibi Ity 'eport, Volume 2, 'September 1998, indicates that the area is in the high risk seismic hazard area and that there may be restrictions on the use of federal funds in such areas for certain new construction. ,Any use of the filled land must also comply with Seward City Code ( "SCC ") 15.25, Floodpiain Management. The Breakwater and the filled land appear to be located in the coastal high hazard area under SCC § 15.25.050 D and special restrictions apply to construction in such areas in addition to the general provisions of SCC § 15.25.030. Most notably, the use of fill for the support of buildings within zones V1 -V30 on the Flood Insurance Rate Map is prohibited. SCC § 15.25.050 D(4). Other planning and zoning provisions may also apply depending on the proposed use. For example, camping areas must be designated by City Council resolution under SCC § 7.15.010 and SCC § 11.15.100. 5. Geophysical and Other Considerations. CO2drIDENTIAL The preceding comments refer to only legal restrictions. The City provided the Corps access to the area now comprising the filled land only for deposit of dredged materials. It was not the intention of the project to create land for any particular purpose and, therefore, the type of dredged materials deposited and the extent of compaction may not meet engineering specifications for construction of improvements. s a practical matter, soil stability should be tested prior to any use and consideration should be given to the cost of any improvements an. a ocation of ris in the event im rovemen s must • e _removed to allow additional use of the area by the Corps or navigational maintenance or improvement - � 1 I:1Does1433710011General 2005WI2Ransom re Harbor Breakwater.wpd 18 Scott Ransom, Harbormaster Re: Small Boat Harbor Breakwater Fill Area Our File No. 4337.4102 July28, 2005 Page 6 For all these reasons, the Breakwater and filled land should not be considered available for disposition by sale or lease in the same manner as other City lands. And, as noted, even use by the City of the filled land may be limited to uses such as parking and other uses not involving significant structures and any improvements made are subject to removal if the Corps again requires use of the filled land for navigational aid purposes. CONFIDENTIAL • • 1:1Docs1433710011General 2005\M2Ransom re Harbor Breakwater.wpd 19 , DEPARTMENT OF THE ARMY 1 . ' . z U.S. ARMY ENGINEER DISTRICT, ALASKA (: = 1 :: P.O. BOX 6898 o o ' ELMENDORF AFB, ALASKA 99506-0898 \ - ~,, REPLY TO � _ r 5 �+ j ATTENTION OF: "pECEEIVIE 21 - '- District Commander U , SEF 2 4 2007 , h Philip Oates, City Manager r City of Seward ' P.O. Box 167 CETY OF SEWARD Seward, Alaska 99664 CITY MANAGER Dear Mr. Oates: I.am writing in response to your request to surrender the Federal government's right to Navigational Servitude on the 3.5 acres of disposal area created by the Seward Harbor Navigational Improvements Project. _ Regrettably I cannot surrender this right. This is a right embedded in the Constitution that the U.S. Army Corps of Engineers cannot waive. Under the provisions of Navigational Servitude, if future operations by the United States require the removal, relocation, or other alteration of this disposal site, the City of Seward will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. However, like an encumbered lease, you may make further improvements or conduct other uses for this property as long as you recognize the risk associated should the Federal government exercise its Navigational Servitude authority at a later date. I need to emphasize that the Corps has no responsibility to maintain this disposal area including the rock slope protection on the outside perimeter of the disposal area. Also, the Corps will need access to inspect the former entrance channel and breakwater. That said, at the present time I do not see any circumstance where we would exercise our Navigational Servitude again on this property. _. . we plan £o do so, The City of Seward wo111 a - recognized as either the local cost sharing sponsor or as a stakeholder and be invited to any discussions on any project affecting this area. _ Please feel free to contact me on this matter. Any technical questions should be directed to Mr. Bo Wierzbicki, Project Manager, at (907) 753 -5778. Sincerely, 7 Kevin J. Wilson Colonel, Corps of Engineers District Commander 20 911 West Eighth Avenue Anchorage, Alaska 99501 907.279.0543 • 800.770.0543 Fax: 907.276.7679 TRYCK NYMAN HAYES, INC, Email: tedt@tnh- inc.com MEMORANDUM TO: Kari Anderson PAGES: 2 • FROM: Kim Nielsen DATE: 8/13/08 SUBJECT: South Harbor Fill Area I understand that the City is interested in moving forward with creating a development plan for the new South Harbor Fill Area and has a few questions regarding engineering foundation considerations and other requirements in this new area. The following is an attempt to answer and briefly explain these concerns as we understand them. 1. Question Regarding Navigational Servitude and the Corps of Engineer's Restrictions on Use: As far as I know there are no restrictions on developing the south fill other than the potential for "Navigational Servitude ". This term refers to the Federal Government's right to .claim land within waters of the U.S. in the interest of navigation. Technically the south fill area is still considered "waters of the US" and is subject to Navigational Servitude if for some reason it was ever needed. So, it does apply, but it is a very remote possibility that it would ever be exercised. I believe the Corps sent the City a letter in August of 2007 that addressed their request for the Federal Government to waive Navigation Servitude for the south fill area. The letter said that the Corps cannot waive this; however it is very unlikely that the City would ever be asked to remove any improvements constructed on the fill area. The US Army Corps of Engineers (Corps) designed, built, and paid for a significant portion of the South Fill Area /breakwater. Maintenance of the breakwaters and entrance channel is the Corps' responsibility. The south fill uplands area and other non - federal features are local sponsor responsibility for maintenance. This means that the Corps will need access to the edge of the breakwater on all sides in order to perform maintenance to the armor rock slopes. I talked to Alan Jeffries at the Corps about the O &M requirements on the breakwater. He consulted with the O &M branch chief, who indicated that they don't require the City to provide an easement to allow access for land -based maintenance on the breakwater or entrance channel. However, you should clarify whether it is the City or Corps responsibility for maintaining the north and south rock slopes of the fill area. If it is the Gty's responsibility to maintain those, you may want to consider an easement of sufficient width to facilitate land- based maintenance work. The "boardwalk" shown in TNH's concept plan could be designed to accommodate these loads. The City should contact the Corps and /or the City Attorney to confirm this and any additional requirements or restrictions. However, if restrictions do apply, one outlet you may want to investigate is the federal requirement for beneficial use of dredged material. The federal government encourages beneficial use of dredged material for things such as restored wetlands, fish habitat, and parks, etc. The conceptual development plan for the South Fill Area which includes a portion of the area being used for recreation —with a fishing pier, pavilion, mariner's memorial, etc. More information can be found at http://el.erdc.usace.army.mil/dots/budm/budm.cfm 2. Question Regarding Geotechnical Considerations for Building Foundations at the South Fill Area: It is known that the South Fill Area consists of dredge spoils which were placed during the US Army Corps of Engineers' breakwater project (2005). Because this was essentially a dredged material disposal area, Engineering Surveying Landscape Architecture 21 maw 911 West Eighth Avenue Anchorage, Alaska 99501 ._ 907.279.0543 • 800.770.0543 Fax: 907.276.7679 Email: tedt@tnh- inc.com TRYCK NYMAN HAYES, INC. the Corps did not conduct any compaction of the material as it was being placed. The material, primarily sand, was pumped into the area and dewatered on its own without any special measures taken. We understand that there is some concern within the City that this fill will continue to settle over the years and that adequate compaction may not be achieved during construction. • As part of the design of the South Harbor access trestle, road, utilities, and restroom facilities, TNH, Inc. subcontracted geotechnical engineers from Shannon & Wilson, Inc. (S &W) in 2006 to conduct a subsurface geotechnical investigation induding four soil borings at several locations in the new fill area. Their foundation design recommendations were followed in the design of these facilities. Note that it has been over 3 years since placement of the fill and 2 years since this investigation was conducted. Most natural settlement and compaction of new fill areas are generally expected to occur over 2 -3 years. We do not expect significant additional natural settlement of the existing granular fill. During the 2006 geotechnical investigation, the soil borings encountered 17.5 to 20.5 feet of granular fill overlying native silty sand. The relative density ranged from loose to medium dense with moisture contents between 3 and 12 %. Below the fill, the borings encountered loose to dense, dean to slightly silty sand with moisture contents between 18 to 22 %. Water was encountered in the borings between 15 and 21 feet below ground surface. These levels are expected to change as tidal changes are experienced. The design of building foundations must consider the bearing support capabilities of the soils as well as the expected settlements and the effects of seasonal frost action. The 2006 borings indicated that the interlayered slightly silty, gravelly, sandy soils that were encountered in the area of the restroom facility were already relatively compact. It is likely that because the dredged sediments used to create this fill area were saturated with water when they were placed, a significant amount of compaction occurred very quickly. S &W's recommendations indicated that the existing medium dense fill would provide adequate support for the restroom fadlity. The restroom facility was designed accordingly using adequately sized continuous strip footings and a concrete floor slab. We do recommend a new geotechnical investigation prior to design /construction of new building foundation(s), to obtain information specific to the area and cater the foundation design appropriately. 3. Question Regarding a Requirement for Pile Foundations: I recall that this question came up previously when we were permitting the South Harbor Restroom facility with the City of Seward. The City indicated that the City code follows FEMA requirements regarding flood zones. There is a City code that references construction in "Coastal high hazard areas" which are located in a flood hazard area per FEMA. These areas have special flood hazards associated with high velodty waters from tidal surges. These are usually areas located below the high water mark and are related to FEMA's flood hazard insurance maps which identify these areas. The problem is the new fill area did not exist when the flood map was created this area was navigable ocean at the time the map was last updated and therefore it was induded in the flood hazard zone. Obviously, a structure build over the water must be on piling. So, the confusion about the requirement for piling foundation in flood hazard areas results from this outdated map designation. Again, from a geotechnical /engineering standpoint a pile foundation is not required for any structure constructed sufficiently above the recorded extreme high tide line of 15- ft elevation (MLLW) in this area. In this case, it is recommended that the City allow for a variance. However, there may be a need within the City to get the FEMA maps updated to adequately reflect the flood designation for the south fill area and other new fill areas around the harbor. (Note that the new south fill area is at the same elevation as the former breakwaters, which are not designated as flood zones in the old flood map). Engineering Surveying Landscape Architecture 22 7 � 1 11f1� `A 11� "'s�Y.� t::: ae NOTES r` �� SOWN 1MRBOR Sc I 81 WASTEWATER DISPOSAL 33 I I �1 �� 1 These parcels ere subject to the Cify o/ Sewad's zoning 3 w –� ' 9 a wastewater disposal, that meet regulatory P 9 I6 and land use regulations. Plans / 2 Na permanent structure may be constructed or placed requirements are on /h of the Department of TIN _ �I '• I � :t er I fn vironmentol Cmserrot/an T1S - 6'r 4 LOT 7 r 11 within a utility easement which would inter /ere with the �•_ ,;•;Y1 J obI!It of o Utility to use the easement. * 6 ,y 4 - :` (' J � ttpy• L — — _ BLOCK 6 16 SEWARD SMALL BOAT HA8808 � :51m 14Y n Tr_ I n I 13 11z I r °'' 9 l R - .urrection Bay ((( 11 12 BLOCK 8 c : . a .., ATS 174 a, m . ` "' ".'^ .. r , � � VICINITY MAP 1 " =1 MILE g - �* m Seward Boat Harbor 1 I Y ' ,. "" CERTIFICATE OF OWNERSHIP AND DEDICATION m LOT 2 I — ~ � I "4 We hereby certify thot we are the owners of the real property � L� r rCr�� shown and described hereon and that we hereby adopt this pion l t ° . : ^ .. of subdivision. and grant all easements by our Tree consent. I I n 7::Qi ...... \ : 1 ... 11 . f 1 . ..�� . 1 1 1 r7 '' r // r �, . 1 t' \. ' `` j : z s453A5O? 3 �f 1 §r r ` ` s z a O r1 r`�� m�r� A l " ,4f y r r rr Iy — 1 Sf :. ..P To it I. 1.� ?�:.' `: i T - �a4l�numnn .4=3"/"‘‘......"5/ / =3 L.....' ^ — J J / Cify Manager ....fe,.2 .. .e... ! I 1.. .. :d 7 r "t1j -•`. City of Seward I I I: { LPL t 5 0 P.O. Box 167 / bb R '�_.. , . " .� /_; / 5 �. r . J Sewad, AK 99669 _ -�' ,- NOTARY'S ACKNOWLEDGEMENT — .6b"::'" ...N7B. 3� � -- ---- -- ---- - - -- -- - -- - - - -- -- --- - - - - -- N ..•..1 79 502.`Ij;. y owww.., _ I "1., -'7 — III > 4, FOR: 80' — ' I /' /' / ' x...: /^ SUBSCRIBED AND SWORN TO BEFORE ME THIS — I I LOT 17A - " "'� DAY of 20 —I I BLOCK 6 ____J _, I� I� 9 Ac. _ _ r . �L� Ii ocEAHw - -1 I ;•k,?�g � , •�•' ,� NOTARY FOR ALASKA MY COMMISSION EXPIRES SL&0 1 '' P �w� w' t •. .d' A f i i i } > ? 7 � . at - Or" 0 co BLOCK 7 r AO& T , - I � V•• > I _ — J ^, �"' a • =' ' ' j' ATS 174 — —1:4 116• */ - a rti er 4Lw LL' — �$ ; \ Resurrection Boy r l -t I � f PLAT APPROVAL ' I L. This plot w a s approved by the Kenai Peninsula Borough -I — t \ ■ UPLANDS LINE TABLE Planning Commission at the meeting of VAN BUREN ST. 2 _ - °• \I LINE BEARING DISTANCE " " % • a L2 58945'OST 29.37' Borough Official E - --- 111 -- \ 7: — .7.1'N , \' - L3 N68'06'13 £ 6Z44' LEGEND 1 17. `_ � I__ \ L4 N29;T8 75.82• LS 500 "E 1490 _ _ = . 4, Found Monument PRELIMINARY PLAT x• Fo und PK Noil Found RB R AL Cop — II L6 52957'44'W' 35.40• SEWARD SMALL BOAT HARBOR I= — J LAUeriE J L • B I BD' 1 BLOCK 6 1 1 A001 1 80' 'BLOCK 7\ MEANDER LINE TABLE 0 Set RB & PL Cap SOUTH HARBOR ADDITION LINE BEARING DISTANCE • Found Reba A RESUBDINSION OF.' M7 56308'23 T 5.196' Uplands Parcel Boundary LOT 17, BLOCK 6 SEWARD SMALL BOAT HARBOR M2 533'52'21T 74.25' - - -- Tidelands Porch Boundary PLAT NUMBER 2000 -19 SURVEYOR'S CERTIFICATE M3 57955'08 "E 88.41' . • I . . Vacated Property Lines LOTS 8 THROUGH 20, BLOCK 8, LAUBNER ADDIT70N M4 N8978'47 "£ 767.79' Existing Eosments PLAT NUMBER 2 I hereby certify that; I am properly registered and licensed M5 N31'14'23T 379.72' Proposed Easement AND A PORTION OF ALASKA 77DELANDS SURVEY 174 to practice land surveying in the State of Alaska, this plat M6 N59'59 21.95' s Sanitary Sewer PLAT NUMBER 39 represents o survey made by me or under my direct supervision, M7 563'44'49 "E 19.33' Waterline LOCATED IN THE SW 1/4 SECTION 3 the monuments shown hereon actually exist as described, and on dimensions and other details are cared to the normal 5017635T 26.90' " Storm Droin 77S, R1 W, SEWARD MERIDIAN, ALASKA - M9 S302408'W 422.28 standards of practice of land surveyors in the State of Alaska. •— Underground Electric KENAI PENINSULA BOROUGH N U70 55154:31 "W 131.36' Overhead Utility ••• MI1 531'233 - 3 "W 141.12' Y Ines i CITY OF SEWARD ♦ • • • Sewer Manhole Date • SEWARD RECORDING DISTRICT • p ..... • M72 58 037'09 `W 83 92' Y Water Votive Box 1�:• • • j M13 5724 538.14. * F ke Hydrant CLINE AND ASSOCIATES r 14' T 49th, v9 C URVE DATA ® Storm Droin Manhole LAND SURVEYORS I = 'CURVE RADIUS DELTA I LENGTH CHORD BEARING ••r Power Poles 476 4th AVENUE PO BOX 2703 SEWARD, AK 99664 c C l , 217.00 165354` 64.00' ' l 64.00 63.77 N0876 i' wenaox curse/01 W ' E Guy Anchor • i Ls -7569 m (907) 224 -7324 FAX (907) 124 -6088 •� •�• . {� Ele ctric Facilities ry a `•• +., ..• ♦• • • DATE.: 12/31/2008 SCALE: 1" w 100' •• ••wi::, DRAWN: WNC F.D. BK: 08 -07 DRAWING NO.: 08 -46PP7 K.P.B. FILE It 2009 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SMALL BOAT HARBOR WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly influenced our history and economy, and WHEREAS, Seward currently does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a mainstay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners do not have a dedicated memorial for display; and WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual Blessing of the Fleet and other marine - oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai Fjords Yacht Club has started a Mariners Memorial Fund through the 2003 Seward Centennial non -profit account; and WHEREAS, resolutions of support for the concept of the Mariners Memorial have been passed by the Port and Commerce Advisory Board, the Seward Historic Preservation Commission and the Seward Planning and Zoning Commission; and WHEREAS, additional donations and grants to fund the design, construction, and maintenance of a Mariners Memorial will continue to be sought by local organizations and individuals. 24 CITY OF SEWARD, ALASKA RESOLUTION 2006 -49 Alaska that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Section 1. The Council of the City of Seward, Alaska supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Council of the City of Seward, Alaska this 8th day of May, 2006. THE CITY OF SEWARD, ALASKA - 7 ,Z Vanta Shafer, Mayor AYES: Dunham, Valdatta, Lorenz, Thomas, Schafer, Bardarson, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: .16hannapollerhide Acti t' Clerk ftO SEAL • • • Z s 0 • • t 'q ORA13 1 ` 25 rrr.rr Council Agenda Statement Meeting Date: May 8, 2006 Through: Clark Corbridge, City Manager From: Malcolm Brown, Planner Agenda Item: Supporting the concept of the Mariners Memorial for the Seward Small Boat Harbor BACKGROUND & JUSTIFICATION: The Kenai Fjords Yacht Club has submitted a request of support for the concept of a Mariners Memorial for the Seward Small Boat Harbor. This has been an ongoing project for several years. Numerous civic and social organizations throughout the community support the Mariners Memorial. Letters of support, including the Port and Commerce Advisory Board, Resolution 2004 -07 the Historic Preservation Commission, Resolution 2006 -01 and the Planning and Zoning Commission 2006 -10 are included in the packet for review. A Mariner's Memorial Fund has been established at the First National Bank. Local organizations and individuals will continue to pursue additional donations and grants to fund the design, construction and maintenance of the Mariner's Memorial. FISCAL NOTE This activity does not require appropriation of any funds. Approved by Finance Department RECOMMENDATION: Council approve Resolution 2006 -XX, supporting the concept of the Mariners Memorial for the Seward Small Boat Harbor. 26 CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004 -07 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE DESIGNATION OF A PORTION OF THE NEW SOUTH HARBOR UPLANDS ADDITION AS THE SITE FOR A MARINERS' MEMORIAL WHEREAS, Seward's history and economy are tied to its position as a seaport; and WHEREAS, Seward has no memorial representing the many locals who dedicated their lives to service at sea, and others who lost their lives in our local waters; and WHEREAS, survivors of local mariners have had memorial plaques made but have no where designated to display them; and WHEREAS, Seward has no good venue for its annual Blessing of the Fleet and other marine- oriented ceremonies; and WHEREAS, a mariners' memorial could also serve as a reminder of our maritime history and the importance of safe boating practices; and WHEREAS, the local Kenai Fjords Yacht Club donated $1000 (one- thousand dollars) in March 2004 to start a Mariner' Memorial Fund through the 2003 Seward Centennial non - profit account; and WHEREAS, other donations and grants would be sought by local residents and organizations to fund the design, construction, and maintenance of the mariner's memorial. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The Port and Commerce Advisory Board supports designating a portion of the new south harbor uplands addition for the location of a mariners' memorial. Section 2. The mariners' memorial would be funded by the Mariners' Memorial Fund. Section 3. Other donations and grants would be sought to fund the design, construction, and maintenance of the mariners' memorial. Section 4. This resolution shall take affect immediately upon its adoption. 27 CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004 -07 PASSED AND APPROVED by the Port and Commerce Advisory Board of Seward, Alaska; this 1 st day of September 2004. PORT AND COMMERCE ADVISORY BOARD DEBORAH ALTERMATT, CHAIR AYES : Altermatt, Lechner, Tougas, Van Buskirk, Jordan, Waliezer, Whitman, NOES: None ABSENT Mercer ABSTAIN: None ATTEST: 104 , . salb. . A lli ' t ott1eh1r,r1 sn ity Seal) e c. of Scar s+, e'A ...... g • •••••• - .f,-.. 4.1% t7 : n ' 1.5.41 . 0_. r.# f), 28 Sponsored by: Staff CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2006 -01 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SEWARD SMALL BOAT HARBOR WHEREAS, the first ship built in Alaska is believed to have been built in the Resurrection Bay area; and WHEREAS, the historic settlers of Resurrection Bay all arrived by boat; and WHEREAS, the first American pioneer settlers of Seward arrived by steamship; and WHEREAS, Seward's history and economy has continued to be directly influenced by its position as an ice-free seaport in south central Alaska; and y WHEREAS, Seward does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a main stay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners currently do not have a dedicated memorial for display; and WHEREAS, Seward needs a good venue for its annual Blessing of the Fleet and other marine - oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, the Kenai Fjords Yacht Club donated $1000 (one thousand dollars) in March 2004 to start a Mariners' Memorial Fund through the 2003 Seward Centennial non-profit account; and WHEREAS, local organizations and individuals will pursue additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial; 29 Seward Historic Preservation Commission Resolution 2006 -01 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission that: Section 1. The Historic Preservation Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Historic Preservation Commission this 15 day of February 2006. THE CITY OF SEWARD, ALASKA /Cle-c! 'i_ 'z{ e wann, Vice -Chair AYES: Park, Rowell, Walker - Hettinger, Swann NOES: None ABSENT: Huber, Carpenter, Kovac ABSTAIN: None ATTEST: Je f Lewis, fir ^ •k �� C r Clerk, ... (City Seal) y • 30 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006 -10 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SMALL BOAT HARBOR WHEREAS, many historic settlers of Resurrection Bay arrived by boat; and WHEREAS, the first pioneer settlers of Seward arrived by steamship from Seattle; and WHEREAS, Seward's position as an ice -free seaport in south - central Alaska has directly influenced our history and economy; and WHEREAS, Seward currently does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a mainstay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners do not have a dedicated memorial for display; and WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual Blessing of the Fleet and other marine- oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai Fjords Yacht Club has started a Mariners' Memorial Fund through the 2003 Seward Centennial non - profit account; and WHEREAS, additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial will continue to be sought by local organizations and individuals. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 31 Seward Planning and Zoning Commission Resolution No. 2006 -10 Page 2 Section 1. The Planning and Zoning Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of April, 2006. THE CITY OF SEWARD, ALASKA • / „ M., 'anna Keil, CI: AYES: Strobel, Roach', Hohl, Anderson, Clark, Smith NOES: None ABSENT: Keil ABSTAIN: None ATTEST: ;k 6'ot i4 Dof evil k. 1 City Clerk •peps' °6 1- 14 • SEAL • • " • t • —.— • A W+fr: a a sl° 32 Introduction Date: Public Hearing Date: Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA ORDINANCE 2010 - DRAFT FOR REVIEW AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADDING SECTION 15.10.245 WIND ENERGY CONVERSION SYSTEMS TO THE SEWARD CITY CODE ESTABLISHING A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY CONVERSION SYSTEMS (WECS) AS PERMITTED SECONDARY USES AND ACCESSORY STRUCTURES WHEREAS, there has been an increase in community interest in the installation of WECS; and WHEREAS, the Seward City Code currently lacks a definition of or standards for WECS; and or the use of WECS is not addressed in the Seward City Code WHEREAS, the City of Seward ( "City") recognizes that wind energy can be a low -cost, clean source of energy and desires to allow as a secondary, use, WECS where the systems are used primarily for providing energy to support the primary use of the property on which a system is located ; and WHEREAS, the intent of this ordinance is to establish a process for locating and constructing WECS, along with standards for the construction and operation of such systems, where the systems are secondary uses to established principal uses on the parcel. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Title 15 is hereby amended by adding a section 15.10.245 Wind Energy Conversion Systems as follows: 15.10.245. Wind Energy Conversion Systems. (a) Purpose. It is the purpose of this section to establish health and safety standards for small wind energy conversion systems (WECS) as defined in this Code, and to encourage the development of small wind energy systems. (b) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 33 CITY OF SEWARD, ALASKA ORDINANCE 2010 - Page 2 of 8 Wind Energy Conversion System (WECS). Any device or assemblage, which directly converts wind energy into usable thermal, mechanical, or electrical energy, including such devices as windmills and wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries, and associated equipment. This system is designed as a secondary, accessory use to existing principal uses and to existing buildings or facilities on a parcel, wherein the power generated is used primarily for consumption on the same parcel on which it is located. Small Wind Energy Conversion System. A Wind Energy Conversion System that has a rated power capacity of not more than 100kW and is intended to produce power primarily for on -site consumption, wither instead of or as a supplement to utility power. Total Height. The distance measured from ground level to the highest point of any blade of the turbine. Wind Turbine. A device which converts the kinetic energy of the wind into a rotational energy transmitted through a drive train to a generator and where the generated electricity can be connected directly to the load or feed. (c) Approval Process. Small WECS are subject to an administrative permit and shall be obtained prior to construction and installation of the system. The Building Official shall review each administrative permit for compliance with the requirements of this section. The applicant shall provide documentation that the WECS meet the requirements of this section. The Building Official shall grant approval if they are satisfied that the standards of this section have been met, and that the applicant has sized and sited the system to reduce impacts on surrounding properties to the maximum extent feasible. (d) Administrative Permit Submittal Requirements. The following requirements must be met to obtain an Administrative Permit: (1) A description of the project, including the maximum rated power output capacity of the WECS. (2) The make, model, an illustrative photograph or brochure, manufacturer's specifications including noise decibels data for the proposed WECS, the support structure and method of attachment to the ground and/or structure. (3) Foundation plans designed for the installation location of the WECS and be stamped by an engineer licensed in the State of Alaska. 34 CITY OF SEWARD, ALASKA ORDINANCE 2010 - Page 3 of 8 (4) Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of ladders, climbing pegs, and access doors. (5) For roof - mounted WECS, the owner must provide the City with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (6) If the WECS is not certified as meeting the IEEE 1547 standard (Institute of Electrical and Electronic Engineers, then an assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication is required. (7) A visual impact analysis of the proposed WECS as installed, which shall include color photographs of the proposed site from at least two locations accurately depicting the existing conditions. A computerized photographic simulation, demonstrating any visual impacts from strategic vantage points, is desirable and may be required at the Building Official's discretion. The applicant shall indicate any visual screening proposed to be incorporated into the project that is intended to lessen the system's visual prominence. (8) Written authorization that the Electric Department has been informed of, and approved, the customer's intent to install an interconnected customer -owned generator. (9) Provide compliance with Federal Aviation Administration requirements. (e) Zoning and Lot Requirements. Monopole, guyed, lattice, vertical access and roof - mounted WEC's are allowed outright as a secondary use in all zoning districts if they meet the following requirements and adhere to all requirements listed in this section: (1) The minimum lot size for a small WECS is 20,000 square feet. Roof - mounted WECS • are allowed in lots that are a minimum of 6,000 square feet as long as they still adhere to the other requirements in this section. (2) Only one small WECS is permitted per lot in all zoning districts. Adjoining lots under the same ownership shall be treated as one lot for the purposes of this limitation. (f) Development and Design Requirements. The requirements of this section shall apply to all 35 rte' CITY OF SEWARD, ALASKA ORDINANCE 2010 - Page 4 of 8 WECS. Any deviation from these development/design requirements may be approved through the issuance of a conditional use permit. (1) All WECS shall conform to the Seward City Code Chapter 12.05 Codes of Technical Regulation. (2) The turbine to be constructed as a component of the WECS must be approved by the Small Wind Certification Program recognized by the American Wind Energy Association (AWEA) or any other accredited organization such as the Small Wind Certification Council, National Wind Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska as a system that meets or exceeds industry safety standards for small wind energy systems. (3) The permitted height shall be measured from the preexisting natural grade to the center of the turbine hub for horizontal and vertical systems and from the structures edge to the center of turbine for roof - mounted turbines. The height limitations for WECS for secondary use or allowed by conditional use are as follows: a. Free Standing WECS. i.In RR, R1, R2, R3, UR, OR, AC, HC, and P, WECs are allowed as an outright use not to exceed 80 feet. WECs exceeding 80 feet but not more than 200 feet require a conditional use permit. ii.In I, RM and INS WECS with total height not exceeding 300 feet may be permitted. b. Roof - Mounted WECS. i. In all zoning districts WECS on buildings of 34 feet or less in height, roof top WECS shall be no taller than 20 feet. c. Both Free Standing and Roof - Mounted WECS. i. Structures shall not interfere with Federal Aviation Administration Regulations on airport approaches. ii. In no case shall the height of the WECS exceed manufacturer's specifications. 36 CITY OF SEWARD, ALASKA ORDINANCE 2010 - Page 5 of 8 (4) Minimum blade ground clearance in all zoning districts is twenty-five feet (25'). (5) All portions of any WECS, including guy wires and other anchors, shall comply with the following setback standards unless otherwise specified: a. All WECS shall be setback from all property lines at least 1.1 times the height of the system, except that the setback from a lot edge abutting a lake or pond may be one half the height system. b. All WECS shall be located so that the principal structure is between the WECS and the front property line. c. All systems shall be setback at least 1.1 times the height of the system from all overhead power and telecommunication lines, and any telecommunication towers. (6) All portions of the WECS shall be a non - reflective, non - obtrusive color, subject to the approval of the Community Development Director. The appearance of the turbines, towers and any other related components shall be maintained throughout the life of the WECS pursuant to industry standards. (7) WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed fifty decibels (50dB), as measured five feet (5') above ground level at the closest property line to the system; except the sound level may be exceeded during short-term events including utility outages and/or severe wind storms. The rotating turbine shall not produce vibrations that are humanly perceptible beyond the property lines of the site. Those who violate this provision will be subject to the penalties and remedies found in Section 9.25.035. (8) All power transmission and telemetry lines from the tower to any building or other structure shall be placed underground. (9) No tower shall be illuminated unless required by a state or federal agency, such as the • FAA. (10) No commercial or non - commercial advertisements, signs, or other messages shall be placed or painted on any portion of the WECS, except that a systems or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. (11) WECS structure shall -be designed to prevent unauthorized external access to 37 CITY OF SEWARD, ALASKA ORDINANCE 2010 - Page 6 of 8 electrical and mechanical components and shall have access doors that are kept securely locked. No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure. (12) The installation of a WEC may not enlarge, increase or expand a nonconforming use or structure. (g) Maintenance. WECS shall be erected and maintained plumb, level, and true and shall be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's recommendations and instructions, and with industry standards for small WECSs. The Building Official or their designee may order the repair or removal of any WEC that is not maintained in accordance with this section. An annual inspection of the WECS by a recognized firm is required every 5 years and following a natural disaster. A tag indicating the firm and date of the last inspection must be displayed on the WEC. (h) Nuisances; Removal. (1) Any WECS that is not operated on a functional basis for a period of twelve (12) months is hereby declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided by this Title, the nuisance may be restrained, enjoined, or otherwise abated by the City. (2) Demolition permits are required before a person removes a WECS. The permit shall require the entire system be removed (foundations to below natural grade, collection, connection, and transmission equipment) and disposed of properly at the owner's sole expense. (i) Enforcement; Abatement. (1) Failure to maintain a WECS is a violation of this Title. (2) The City may issue an enforcement order under Chapter 1.05 Violations and Penalties for the repair or removal of any WECS that is not operated on a functional basis for a period of twelve (12) months or where the WECS becomes an immediate hazard to the safety of person or property due to emergency circumstances. Emergency circumstances include natural or manmade disasters or accidents, or when the owner or other person responsible for the system refuses to remedy a hazard. 38 CITY OF SEWARD, ALASKA ORDINANCE 2010- Page 7 of 8 (3) Where the system presents no immediate hazard to health or safety, the owner shall repair or remove the system within thirty (30) days of receipt of notification of the enforcement order. Upon agreement in writing that the owner will comply with an enforcement order to repair or remove the system if allowed additional time, the City may grant an extension of time within which to abate the public nuisance, if the City determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. If the WECS is not operational or is not removed after thirty (30) days from the date of notification of the enforcement order, or after the time of any extension provided, the City may remove the system at the owner's expense. (4) Where the City identifies an immediate health or safety hazard, and when the owner or other person responsible for the system is either not available to immediately remedy the hazard or refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle, or otherwise remove any WECS. The City shall attempt to notify any owner or other person responsible for the system of such action within forty-eight (48) hours. For purposes of this section, notice is effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if sent by certified mail. (5) The costs and expenses incurred by the City in abatement of any health and/or safety hazard or of any nuisance as defined in Section 15.10.245 (h) shall be chargeable to the owner and/or may be collected in a civil action by the City. (6) A person aggrieved by an enforcement order may appeal under SCC 15.10.410. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS _ DAY OF 2010. THE CITY OF SEWARD, ALASKA Willard Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: 39 CITY OF SEWARD, ALASKA ORDINANCE 2007 -08 Page 8 of 8 ATTEST: Jean Lewis, CMC City Clerk (City Seal) 40 7 U • J,)'4 live Al- woe j MEMORANDUM DATE: May 24, 2010 - TO: John Foutz, Electric Utility Manager u �. � Jeff Estes, Operations Supervisor Tom Clemons, Police Chief Stefan Nilsson, Building Inspector 4 w - David quires, Fire Chief / Building Official Donna Glenz, Associate Planner W.C. Casey, Public Works Director Karin Sturdy, Parks & Recreation Director Jim Lewis, Acting Harbormaster FROM: Dwayne Atwood, Community Development SUBJ: Draft: Addition of Wind Energy Conversion Systems to city code Community Development Department staff and the Planning & Zoning Commission are rewriting Title 15 of the Seward City Code. Please provide comments on the attached draft of 15.10.245 -- Wind Energy Conversion Systems -- which is being added to the code. A Planning and Zoning Commission meeting is scheduled for June 1, 2010 at 7:30 p.m. Please return this memo to Community Development by 5 p.m. Wednesday, May 26, so your comments can be included in the staff report to commissioners. The commission will not be adopting these changes, but just reviewing the draft. Comments (please attach separate sheet if needed): Safety inspections of the WECS needs to be performed by a special type inspector. There is to my knowledge no city staff qualified to inspect antennas or towers. I believe it could be put on the owner to schedule inspection by recognized firms every 2, 5 or 10 years and also after a natural disaster hits. All we should be requesting is that there will be a tag at the site similar to a fire extinguisher tag that shows when last inspection was made ig nature Da Q 0/ 41 City of Seward, Alaska Planning Commission Minutes April 6, 2010 Volume 6, Page 3 8 8 Call to Order The April 6, 2010 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner DeMarco led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Tena Morgan Cindy Ecklund Steven Heinrich Frank DeMarco comprising a quorum of the Commission; and Christy Terry, Community Development Director Dwayne Atwood, Community Development Assistant City Administration Report Community Development Directory Christy Terry updated the Commission of the following business items: • Robert's Rules of Order books were distributed to Commissioners. • Commissioners were asked to please help with the national census surveys being distributed in the community to encourage their prompt return. Commissioners were informed of .C suu .(. z as a resource. • Commissioners were informed that Federal Emergency Management Administration FIRM maps had been received and the public would be informed of all flood zone designations outlined in the maps. • FEMA Region 10 was scheduled to come to the community for meetings on June 17 and June 18 to answer questions about base flood elevations and other questions regarding the new mapping. • The Kenai Peninsula Borough Economic Development District was conducting a business survey to identify barriers to economic development on the Kenai Peninsula. The survey was available online. • Commissioners were informed that Bob Hicks resigned his position with the City of Seward. Hicks had been preparing the Title 15 draft revision to the Seward City Code. The vacant position had been advertized. • Seward Street View was available on Google Earth, providing a 360 degree view of many city streets in Seward. The viewer was also available via the Kenai Peninsula Borough's web site. 42 City of Seward, Alaska April 6, 2010 Planning Commission Minutes Volume 6, Page 3 8 9 • Community Development Director Christy Terry and Association Planner Donna Glenz attended a FEMA flood mapping training. Administrative Assistant Dwayne Atwood manned the Community Development Department during the week of March 22, 2010. • The Library / Museum Project was at 35 percent design completion. The design was slated to go before City Council on April 26 for approval. • Other Reports, Announcements & Presentations — None Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda Motion (Ecklund/Heinrich) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: February 2, 2010 Regular Meeting Minutes Special Items Election of Chair and Vice -Chair Roach opened the floor to Chair nominations Motion (Heinrich/Ecklund) Re- elect Roach' as Chair No further nominations were received, nominations closed. Request for Unanimous Consent Motion Passed Unanimous Consent Roach requested nomination for Vice - Chair. Motion (Morgan/Ecklund) Re- elect Heinrich as Vice -Chair No further nominations were received, nominations closed. Request for Unanimous Consent Motion Passed Unanimous Consent Unfinished Business Items requiring a Public Hearing — None 43 inow City of Sewar4 Alaska Planning Commission Minutes April 6, 2010 Volume 6, Page 3 9 0 New Business Items requiring a Public Hearing — Resolution 2010 -03, recommending City Council Approval of the Rezoning of Lots 2, 4 & 5, Block 2, Oceanview, from Single Family Residential (R1) to Auto Commercial (AC) in compliance with the Land Use Plan, located on the West side of Third Avenue between Van Buren and D Streets Terry reviewed Resolution 2010 -03. She noted the current zoning map had been provided to show the detail of the proposed rezone. Also, the proposed rezone would bring the lots into compliance with the City Land Use Plan. In response to commission questions Terry stated parking requirements for the Auto Commercial district were required by Code and were based on the particular use of the property. She noted that the applicant had been into the office and discussed uses and parking requirements. Terry explained the access for parking on the lots was from the alley. In response to Heinrich, Terry noted that no objections had been received. She also noted, in response to Morgan that single family homes were allowed within the Auto Commercial district. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Seward resident Blake Wooten, the primary applicant for the new zoning designation, said his ultimate goal was to relocate his hair cutting business to the property. Wooten said he was aware of the parking regulations and was confident the parcel had the required parking for the residence and the business. No one else requested to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2010 -03 Heinrich said he believed the rezone was prudent in that it would bring the properties into compliance with the Land Use Plan. DeMarco said he had some concerns about the commercial operations that may occupy the rezoned lots in the future and the possible placement of parking along the Third Avenue frontage. Motion Passed Unanimous Unfinished Business — None New Business -- Resolution 2010 -04 Recommending City Council Adoption of the All- Hazard 44 City of Seward, Alaska Planning Commission Minutes April 6, 2010 Volume 6, Page 3 91 Mitigation Plan for the City Of Seward Terry explained that the Kenai Peninsula Borough was in the process of updating its All - Hazard Mitigation Plan. The plan has already been adopted by City Council, and the current version included updates the City departments would like to adopt as part of the required update. Updates included the Japanese Creek Levee and road to the Seward Highway, as well as the most recent coastal storm surge. The Seward plan would be adopted as an annex to the Kenai Peninsula Borough plan. Seward Fire Chief David Squires provided further explanation, adding that the main reason for the updates was to help secure federal funding. The previous plan was adopted in 2004. Flooding is the greatest hazard in the Seward area, but the City has been making improvements to mitigate future damage, Squires said. Ecklund asked why installing the electrical transmission line underground in the area near Mile 22 of the Seward Highway did not rank higher on the priority list of upcoming projects. Squires said the list was ranked, in part, by how difficult it may be to gain funding. Placing the transmission line project within the mitigation portion of the plan may help with gaining a grant for the work. Roach' asked how the projects were ranked as either short term or long term goals. Projects with the potential to be completed within the City's budget or more easily funded were categorized as short term, Squires said. Long term projects and goals would be harder to fund. Motion (Heinrich/Morgan) Approve Resolution 2010 - 04 Heinrich asked about the schedule for adoption of the plan. Terry explained the plan was to be forwarded to City Council for approval, then to the Kenai Peninsula Borough to be included in the Borough plan. Motion Passed Unanimous Resolution 2010 -05 Recommending the Commission Priorities from April 2010 to April 2011 Terry thanked Commissioners for their hard work with the City Council to create the list of priorities. Terry also asked the Commission to change the review date to April 26 by amendment. She noted the priorities are set on an annual basis. Roach asked about the schedule for drafting wind energy conversion system code for Title 15 of City Code. She said it was her understanding that the wind energy code was to be drafted separate from the other Title 15 revisions. 45 City of Seward, Alaska Planning Commission Minutes April 6, 2010 Volume 6, Page 3 9 2 Terry agreed the wind energy code was to be added separately to the priority list. Motion (Ecklund/Morgan) Approve Resolution 2010 -05 Motion (Heinrich/Ecklund) Amend Resolution 2010 -05 by adding a Number 6 item to the short and medium term goals, stating: Wind and Energy • Ordinance. Motion Passed Unanimous Motion (Ecklund/Morgan) Amend the Resolution 2010 -05 last whereas to change the date from April 12 to April 26, 2010 Motion Passed Unanimous Vote on Main Motion Motion Passed Unanimous Resolution 2010 -06 Requesting the Department of Commerce, Community and Economic Development Division of Community and Regional Affairs Provide Onsite Planning Commission Training Terry explained that the state Department of Commerce had offered training to Planning & Zoning Commission members in cities around Alaska. The department requested a resolution, as well as a letter from staff, listing some optional dates and times for the training. The training was to take place after June, and the session was plan to be approximately three hours long. Motion (Ecklund/Heinrich) Approve Resolution 2010 - 06 Ecklund said the training may provide a good opportunity to promote the work and efforts of the Commission and recruit interested community members. Roach' noted the department could begin publicizing land use and zoning issues that may generate more interest in the Commission and its duties. Terry noted that the department has publicized issues related to illegal camping last season and that some issues, including trash pickup, would be focused on during the coming months. Commissioners and staff suggested a meeting time of 6 to 9 p.m. on Tuesday, October 19. Motion Passed Unanimous 46 City of Seward, Alaska April 6, 2010 Planning Commission Minutes Volume 6, Page 3 9 3 Scheduling a South Harbor Uplands Work Session with PACAB Terry said City Council members have requested that the Planning & Zoning Commission hold a work session with PACAB to discuss development of the South Harbor Uplands. Ecklund asked if the meeting could be held in the very near future, given the number of • meetings scheduled for the coming months. Commissioners and staff agreed on a tentative meeting date of May 11, 2010. Informational Items and Reports (No action required) Reminder — April 20 Appeal Hearing, 7 p.m. in City Council Chamber Terry noted that Commissioners were to receive their packets for the appeal hearing on the morning of April 19. Staff intended to deliver packets to expedite the distribution, Terry said. Roach asked why the meeting was not scheduled for 6:30 p.m. The attorney for the appellant requested the later time, Terry said. Commission Comments Morgan noted the meeting was productive and thanked staff for the support. Ecklund said it was important for the Commission to move forward with its ambitious schedule, despite having two vacant seats. The Commission should keep all of its scheduled meeting dates and meet the goals set by the City Council. Citizens' Comments Commissions and Administration Response to Citizens' Comments Adjournment Meeting adjourned at 8:47 p.m. Dwayne Atwood, Sandie Roach' Community Development Assistant Chair (City Seal) 47 MIL CITY OF SEWARD • Main office (907) 224 -4050 • Police (907) 224 -3338 P.O. BOX 167 �� w • Harbor (907) 224 -3138 SEWARD, ALASKA 99664 -0167 • Fire (907) 224 -3445 v- • Fax (907) 224 -4038 May 10, 2010 Dear Downtown Merchant - The City of Seward is developing a number of ideas to improve the aesthetic nature of our • community this summer. In an effort to help the downtown merchants with complaints regarding pet waste, the City has purchased three additional pet waste stations that include: Reflective Aluminum Pet Sign, 4' to 8' Square Telescopic Mounting Post, Litter Bag Dispenser, required supplies and a 10 gallon waste receptacle. These self contained stations will augment the station already in place at Kawabe Park and will be installed at the south end of Fourth Avenue and mid -way on both the east and west side of the downtown district. Maintenance and monitoring of these stations will be conducted by the Parks and Recreation Department. Additionally, a broader outreach campaign is being developed to remind the community and our visitors that it is important to pick up after their dogs and dispose of the waste in an environmentally sound and safe way. The combination of improving the availability of pet waste stations and providing materials highlighting the benefits of cleaning up after pets should help us successfully eliminate this problem. Please help us spread the word that scooping your pooch's poop isn't just a courtesy for those walking behind you, it is also the healthy and environmentally sound action that will increase our attractiveness for locals and visitors. Dog waste is more than a nightmare for our citizen's and visitor's shoes, untreated pet fecal matter is harmful to people's health and local waterways. Rain washes dog waste and the associated disease - causing organisms, such as Guardia and salmonella, into rivers, beaches and bays. These bacteria make water unsafe for drinking, recreating and swimming and contaminate our fisheries. Thank you for your attention to this matter. This letter is being sent to property owners in the downtown district; please share this information with all your tenants. If you have further ideas or solutions to this problem, please contact Community Development Director Christy Terry at cterry@cityofseward.net. Sincerely, 7/ Phillip Oates, DBA City Manager 48 h r v Vim ,. � -> r 4�2 1 �y.$.- i3O ..;?4 'Ex l a '�'£ � s _ j"' X �� $� �,t >t..y 5 E cas Y ...r 'i 'T ,� Ts it rat es f o. s i "r >s* B • 1 , :i„,, .. — „..,, \ l',i,";;'''.',.,'fs'il4iitttz-4::;:,'''''',,;(i;;;;:,,I;; '41"..341,nAgt.,,,4 - o _ c h ,dam fit' - ."'�.`: , 4 ' C ,. Z Y S .1 GRAB IT grab a bag from home or from one of the conven- iently located pet waste stations! BAG IT insert your hand in the plastic bag and pick up your dogs waste. It's easy and not as bad as you think. Carefully turn the plastic bag inside out and your dogs mess with then be bagged! Easy! BIN IT dispose of your bog in one of the conveniently located receptacles around town. 49 1111® Don let others FIND What your dog leaves . BEHIND Being a good do owner isn just about gi your pet love and care. Responsible dog own- ers make sure they clean up after their pet. a E i 1 _ 1 Leaving feces behind is 4 #vi a nuisance and can g 40 4 . bring disease. Please Help your pet- use one of don't give dog owners a the many pet waste name- PICK UP stations positioned around bad town. YOUR DOG'S POOP. 50 • OF Tk 44 '; STATE OF ALASKA u �' DEPARTMENT OF =A COMMERCE Sean Parnell, Governor <.,� -. . COMMUNITY AND EmilNotts, Commirsioner t , �= = ' '`° I ECONOMIC DEVELOPMENT 04 :. Sge" Tara Jollie, Director Division of Community and Regional Affairs May 10, 2010 Honorable Mayor Willard Dunham City of Seward P. O. 167 Seward, AK 99664 RE: National Flood Insurance Program Community Assistance Visit — June 17 - 18, 2010 Dear Mayor Dunham: This letter is to notify you of a Community Assistance Visit (CAV) to review the City of Seward's implementation of the floodplain management regulations, and to answer questions about the National Flood Insurance Program (NFIP). I have arranged to meet with Christy Terry, Community Development Director and staff during this time. This CAV will be a review of the city's effectiveness in enforcing the floodplain management ordinance requirements. In this regard, it would be helpful if staff have available for our meeting: • a copy of, and any changes to, the Ordinance for the City of Seward; • records of permits for development issued since November 20, 2002 (the date of the last Community Assistance Visit); • records of lowest floor elevations (Elevation Certificates) of structures, • records of any variance requests, if any, and • a copy of the latest biennial report. FEMA in coordination with the State of Alaska's Division of Community and Regional Affairs would like to place an emphasis on training and equipping your staff with the tools they need to implement and enforce your flood reduction ordinance. We will be able to present preliminary findings of the CAV to you and /or other appropriate staff on the afternoon of the 18th. A letter will follow stating the specific results and any recommendations. Should you have any questions regarding this visit, please call me at 907 - 269 -4583. Sincer ly, � � Z,Z , /~0.-- 4 0610 0 " Taunnie L. Boothby, CFM State NFIP Coordinator / r anner 071 cc: Mike Riedy, FEMA Region X, Bothell, WA Phillip Oates, City of Seward, Manager. Christy Terry, City of Seward, Community Development Director 550 W. 7th Avenue, Suite 1770, Anchorage, Alaska 99501 Telephone: (907) 269 -4501 Fax: (907) 269 -4539 Text Telephone: (907) 465 -5437 Email: questions @alaska.gov Websit 51 t /www.commerce.state.akus /dcra/ NOW NFIP /CRS UPDATE April - May 2010 First CRS Award for Excellence goes to William H. White William H. White, of the White and Re Agency in Freeport, New York, received the first CRS Award for Excellence at the 2010 National Flood Conference in April. White was honored for his accomplishments in promoting flood insurance in the Nassau County area of New York, and for his involvement in the Village of a Freeport as a Member of the Village Board ��V :�� of Trustees. White was active in the �� e stablishment of the Freeport Flood , Mitigation `" '4.4,''"4, ° Mitigation Committee. He promoted the r.: ,, adoption of mitigation codes and was , N-; instrumental in the adoption of the Village All- Hazards Mitigation Plan. The award recognizes White as a community leader in advocating sound mitigation principles fx in a CRS community and supporting these mitigation convictions by aggressive marketing of flood insurance. Freeport is a CRS Class 7 community. The CRS Award for Excellence recognizes an individual who has demonstrated Ed Connor, Acting Federal Insurance and Mitigation Administrator (at left) with William H. White, of the White outstanding accomplishments in promoting and Re Agency in Freeport, New York, after White's flood insurance and advancing floodplain acceptance of the CRS Award for Excellence management and mitigation in a CRS community. The award was presented for the first time in 2010., and is intended to raise awareness and mutual support for flood insurance and mitigation between local government and community -based agents. In this Issue Proposed Regulations in Colorado 2 Endangered Species Act and the NFIP 5 Illinois CRS Users Group 3 New Area Analysis Handout 6 New ISO /CRS Specialists 4 Training Opportunities 7 NFIP/CRS Update - 1 - April -May 2010 52 New Regulations may mean Points for CRS Communities in Colorado Three new regulations that have been proposed in the State of Colorado could well mean more CRS points for some Colorado communities. If finalized, the regulations would mean that All new Flood Insurance Studies conducted in the state would have to apply a floodway rise • standard of 0.5 feet, which exceeds the one -foot rise allowed under the National Flood Insurance Program. - All communities would have to require one foot of freeboard above the base flood elevation (100 - year flood level) for all new buildings and substantial improvements in the 100 -year floodplain. New or substantially improved critical facilities would need two feet of freeboard. These standards are consistent with those set out in the International Building Code. - All new or substantially improved critical facilities in the 500 -year floodplain (if such a map is available) would be required to be elevated one foot above the 500 -year level. These higher regulatory standards will make some communities eligible for additional credit under the CRS. Credit points are available under Section 411.d of the CRS Coordinator's Manual for adopting and enforcing floodway standards more restrictive than those of the NFIP. Points can also be awarded for applying a freeboard standard, under Section 430.a, and also for protection of critical facilities, under Section 431.e. To help spread the word about the advantages of the stricter regulations —both in terms of floodplain management and in terms of CRS credit —the CRS Committee of the Colorado Association of Stormwater and Floodplain Managers (CASFM) hosted two workshops in April. Thirty -five people attended the first, held in Glenwood Springs, and the second, held in Aurora (near Denver) two days later, had 70 participants. ISO's Kerry Redente and Ron Mielnicki explained how the new regulations would be treated under Activity 430 and Activity 410 of the CRS. In other sessions during the workshops, CASFM's CRS Committee discussed the proposed regulations in more detail for the benefit of the local representatives The public input period for the proposed regulations has been extended, and the CASFM will host four additional outreach workshops around the state in June and July to raise awareness of the benefit to localities of the new standards and the CRS. A final rulemaking hearing is anticipated late this fall. Statement of Purpose The NFIP /CRS Update is a publication of the National Flood Insurance Program's Community Rating System. Its purpose is to provide local officials and others interested in the CRS with news they can use. The NFIP /CRS Update is produced in alternate months. It is distributed electronically, at not cost, to local and state officials, consultants, and others who want to be on the mailing list. Communities are encouraged, to copy and /or circulate the NFIP /CRS Update and to reprint its articles in their own local, state, or regional newsletters. No special permission is needed. To become a subscriber or to suggest a topic that you would like addressed, contact NFIP/CRS Update, P.O. Box 501016, Indianapolis, IN 46250 -1016 (317) 848 -2898 (voice and fax) NFIPCRS @iso.com NFIP /CRS Update — 9 — April — May 2010 53 MM. Illinois starts a CRS Users Group Mary Lou Kalsted Staff Engineer & Stormwater Administrator Village of Lisle, Illinois CRS Coordinators in Illinois now have a way to network directly. The Illinois Association for Floodplain and Stormwater Management (IAFSM) has a CRS Committee. At its meeting in March 2009, a suggestion was made to bring the state's local CRS Coordinators together to share information. Mary Lou Kalsted, CRS Committee Chair and CRS Coordinator for the Village of Lisle, contacted Marsha Hilmes Robinson, the Chair of the CRS Committee of the Colorado Association of Stormwater and Floodplain Managers, to learn about what her committee was doing in Colorado. Colorado has had a CRS Coordinators users group for several years. With what she learned from Robinson, Kalsted contacted Scott Cofoid, ISO /CRS Specialist for Region V. He supported the idea and provided contact information for current CRS Coordinators, as well as for future CRS Coordinators in five communities who are in the process of joining the CRS. She then sent an email to this group to see if there was interest in meeting. With a positive response, the first meeting was held in Lisle on February 10, 2010, attended by 17 CRS Coordinators representing 15 of Illinois' 30 CRS municipalities and counties. The agenda for the first meeting was simple: decide `• . `� i } Rgi what the group wanted to accomplish, how often and where to meet, and how best to communicate. The Illinois group plans to meet two to four times a year, ammo AISOtilitiele for with several members offering to host meetings. All Fitoodpiabs out s""""""1"' Mitragentrat group communications will be by email. The group decided to focus its efforts on several areas: — Sharing information on their community's successful programs, which other members can use in their communities; — Training sessions, both for users group members and also for others who would find certain topics useful —for example, a workshop on elevation certificates for professionals who prepare them; and — Discussion of various CRS issues and preparation of position papers to send to the CRS Task Force, to advocate for changes or improvements in the CRS. The first meeting was set for two hours, and was set up as a brown -bag lunch session. Cofoid shared with the group an update on the CRS program in Illinois, as well as information about the Emergency Management Institute (EMI) training classes available, the CRS Coordinator's - Manual, the recertification process, and some recent changes to CRS activities or points. Several participants discussed activities their communities are doing that have scored well in the CRS. Mike Sutfin from the City of Ottawa talked about its flood threat recognition system and its Flood Commission. Joe Ennesser of the Village of Orland Hills shared handouts and stickers the Village uses in its building permitting process, and discussed the Flood Committee. Joel Maurer of the City of DeKalb talked about DeKalb County's All Hazards Mitigation Plan. continued on next page NFIP /CRS Update April -May 2010 54 CRS Users Group in Illinois —continued from previous page Mary Lou Kalsted of the Village of Lisle described Lisle's drainage system maintenance program. Each shared with the group copies of documents pertaining to their activities. An audio conference system was provided for anyone that was not able to travel to Lisle; one participant took advantage of that option and participated by phone. After the meeting, Kalsted assembled minutes and sent them, along with all the shared handouts, to all of Illinois' CRS Coordinators via email. The group plans to meet again in July 2010. That meeting's discussion, to be led by Cofoid, will focus on getting ready for the annual CRS recertification, due in October. A CRS Committee page ( http:// www. illinoisfloods .org /com_crs.html) has been added to the IAFSM website, with information on past and future events, links, and documents related to the CRS. A password - protected section of that page will allow CRS communities to share documents on CRS activities in their communities and other information that is not on the public record. Anyone interested in more information about the Illinois CRS Coordinators Users Group may contact Mary Lou Kalsted, Chair of the CRS Committee of the Illinois Association for Stormwater and Floodplain Management, at (630) 271 -4107 or mkalsted @villageoflisle.org. Four Join Ranks of ISO /CRS Specialists The ISO /CRS Specialists are a valuable resource for CRS communities. Not only do they review applications for CRS classification and verify the implementation of credited CRS activities, but they also offer guidance, answer questions, and provide courtesy reviews of a community's plans, projects, and /or documentation. Four new Specialists have been hired in the last few months. — Mike Bratcher will be covering the State of Georgia and parts of North and South Carolina. He has moved over to ISO's flood program after 15 years working with ISO's Building Code Effectiveness Grading Schedule program, covering North and South Carolina. — Amanda Gowans, formerly on the staff of Mecklenburg County, North Carolina, is a CFM with experience in geographic information systems and the National Flood Insurance Program. She worked previously in Orange County, Florida, and Hamilton County, Ohio. Gowans will be covering Delaware, Maryland, New Jersey, and parts of Virginia. — Christina Groves served previously on the Hopkins County Joint Planning Commission in western Kentucky, and has experience as a floodplain coordinator for multiple jurisdictions, working on NFIP enrollment, floodplain permits, Map Modernization, and mitigation grants. She is active in the Kentucky Association of Mitigation Managers. Her CRS territory will cover Arkansas, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, and Tennessee. — Jonathan Smith, formerly with the City of Gulfport, Mississippi, is a CFM with experience in planning and geographic information systems. He has also worked for Jackson, Mississippi; Ridgeland, Mississippi; and Rapid City, South Dakota. For the CRS he will be covering Alabama, Louisiana, and Mississippi. ISO staff and assignments are listed in Appendix G of the CRS Coordinator's Manual. The revised 2007 Appendix is included as the last two pages of this newsletter. NFIP /CRS Update - " - April -May 2010 55 The Endangered Species Act and the NFIP A two -year cooperative effort among localities in the Puget Sound area (including a tribal community), the State of Washington, FEMA Region X, the National Marine Fisheries Service (NMFS), and others has culminated in a model ordinance and three guidance documents to help communities comply with both the National Flood Insurance Program and the Endangered Species Act (ESA). In September 2008, the NMFS issued a Biological Opinion that determined that implementing the National Flood'' Insurance Program (NFIP) causes jeopardy to several species of Puget Sound salmon �� and orca whales, as well as adverse ,.. modification of their habitat. In the Biological Opinion, NMFS provided a g� p p "reasonable and prudent alternative" by ' which implementation of the NFIP can be modified to remove the danger to the species and their habitat Accordingly, FEMA designed a model ordinance that incorporates a simple and Chinook salmon direct set of rules to protect human (courtesy U.S. Fish & Wildlife Service) development from floods while minimizing the impact of new construction and redevelopment on aquatic and riparian habitat. "The ordinance is one of several options available to local communities to demonstrate ESA compliance, and can be adopted whole cloth, or in segments to complement existing regulations," said Mark Carey, Mitigation Director of FEMA Region X. Accompanying the model ordinance are regional guidance documents that provide communities with further information about complying with the Biological Opinion. — The Regional Guidance for Habitat Assessment and Mitigation supports qualified habitat professionals in ensuring that new development will not adversely affect threatened and endangered species or their habitat in flood -prone areas. — The Regional Guidance for Hydrologic and Hydraulic Studies will help local officials and developers determine the best ways to prepare flood hazard data that meet the requirements of the NFIP and the ESA. The CRS Credit for Habitat Protection guidebook gives local officials an overview of activities for which a community can receive CRS credit and that also encourage wise aquatic and riparian - habitat management. The draft documents and model ordinance can be viewed on the FEMA Region X website at http: / /www.fema.gov/ about /regions /regionx /nfipesa.shtm. They underwent public review this spring. FEMA is hosting "roll -out" workshops in May and June and will provide additional technical assistance to affected communities on request. NFIP /CRS Update - ` - April -May 2010 56 New Handout on Repetitive Loss Area Analyses The latest addition to the CRS's series of short handouts, Repetitive Loss Area Analyses, explains and gives examples of the steps involved in conducting an "area analysis" of a neighborhood or other locale that is subject to repeated, damaging floods. CRS communities with identified repetitive losses can receive CRS credit for analyzing those floodprone areas according to the procedure described in Section 511.b of the CRS Coordinator's Manual. The CRS produces a series of handouts on some of the activities for which communities can receive credit. The handouts can be used to familiarize a newcomer to the subject or to walk a person through the step -by -step scoring process. They do not replace the CRS Coordinator's Manual or other materials that provide more detailed information, but they are useful as summaries and /or specific instructions or examples. The handouts are free in pdf format from your ISO /CRS Specialist or from NFIPCRS @iso.com. Activity Title # of Pages 210 Joining the Community Rating System 1 310 Form for noting Corrections to a 2009 Elevation Certificate 1 404 Using a Grid Overlay to Figure Areas 3 410 CRS Credit for Floodplain Mapping 8 420 Documentation Protection of Natural Floodplain Functions 2 430 -CAZ CRS Credit for Coastal A Zone Regulations (undergoing revision) 7 430 -FRB Protecting Building Utilities and Ductwork from Flood Damage 4 430 -ENL Nonconversion Agreement 1 440 -BMM CRS Credit for Benchmark Maintenance 3 440 Converting NGVD to NAVD 2 502 Mapping Repetitive Loss Areas 8 504 Funding Sources for Repetitive Flood Loss Properties 2 511 Repetitive Loss Area Analyses 4 530 CRS Credit for Flood Control Projects 7 530 Environmental Review for Flood Control Projects 2 540 CRS Credit for Drainage System Maintenance 4 610 -SRC StormReady/TsunamiReady 2 620 CRS Credit for Levee Safety 2 710 Calculating the Community Growth Adjustment spreadsheet NFIP /CRS Update - - April -May 2010 57 Opportunities for NFIP and CRS Training Courses at the Emergency Management Institute -Next Year's Schedule Now Available FEMA's Emergency Management Institute (EMI) conducts courses on floodplain management and CRS - related topics. These are oriented to local building, zoning, planning, and engineering officials. Tuition is free for state and local government officials and travel stipends are available. Call the training office of your state emergency management agency, see http: / /training.fema.gov /, or call EMI at 1- 800 - 238 -3358 or (301) 447 -1035. Here's the schedule for EMI's week -long classes of interest to CRS communities. For more information on these courses, see http: / /www. training. fema .gov /EMICourses /EMICourse.asp. - The Community Rating System (E278) June 14-17, 2010; August 9 -12, 2010; May 23 -26, 2011 (tentative); July 11 -14, 2011 (tentative); September 19 -22, 2011 (tentative) Prerequisite: To enroll in the CRS course, you must be a Certified Floodplain Manager (CFM) OR have completed the National Flood Insurance Program course listed below (E273) OR be a full -time floodplain manager with more than 3 years of experience specifically related to floodplain management. The Community Rating System course is also offered at other sites upon request. "Field- deployed" courses scheduled to date include Clackamas, Oregon (FEMA Region 10), July 12 -15, 2010. For information, contact Christine Shirley, CFM, at (503) 373 - 0050 x250 or christine.shirley @state.or.us. Montour Falls, New York (FEMA Region 2); September 27 -30, 2010. For information, contact William Nechamen, wsnecham @gw.dec.state.ny.us. Stockton, California (FEMA Region 9); October 25 -28, 2010. For information email Eric Elias at eric.elias @ci.stockton.ca.us. - Managing Floodplain Development through the NFIP (E273) August 23 - 26, 2010; October 11 - 14; May 16 2011; August 29- September 1, 2011 E273 is also field deployed periodically. Contact your State NFIP Coordinator for more information. Find your State Coordinator at http: // www .floods.org /index.asp ?menuID =274. - Advanced Floodplain Management Concepts (El 94) July 26-29, 2010; February 14-17, 2011 - Advanced Floodplain Management Concepts II (E282) May 9 - 12, 2011 - Basic HAZUS Multi- Hazards (E313) July 12 -15, 2010; October 11 -14, 2010; January 17 -20, 2011; September 19 -22, 2011 - Advanced HAZUS Multi- Hazards for Flood (E172) (prerequisite: E313) July 26-29, 2010; January 3-6, 2011; July 1 -14, 2011 - HAZUS Multi- Hazards for Risk Assessment (E296) August 2 -5, 2010; January 3-6, 2011; July 11 -14, 2011 - Residential Coastal Construction (E386) August 9 -12, 2010; August 15 -18, 2011 Under the 2007 CRS Coordinator's Manual, five points are provided under Section 431.n, Staffing (STF), for each member of a community's floodplain permit staff who graduates from courses E194, E273, E278, E282, or E386. The maximum training credit under Section 431.n is 25 points. NFIP /CRS Update - 7 - April - May 2010 58 Appendix G ISO /CRS SPECIALISTS Alabama — Jonathan Smith Nebraska — Christina Groves Alaska — Linda Ryan Nevada — Dave Arkens (N), Kerry Redente (S) Arizona — Kerry Redente New Hampshire — Jimmy Chin Arkansas — Christina Groves New Jersey — Amanda Gowans California — Dave Arkens New Mexico — Janine Ellington (E) Colorado — Kerry Redente New York (Long Island) — Jimmy Chin Connecticut — Jimmy Chin New York (Upstate) — Tom Brett Delaware — Amanda Gowans North Carolina — Mandy Todd, Florida — Sue Hopfensperger, Heidi Liles, Mike Bratcher Lori Lehr North Dakota — Scott Cofoid Georgia — Mike Bratcher Ohio — Tom Brett Hawaii — Linda Ryan Oklahoma — Janine Ellington Idaho — Linda Ryan Oregon — Dave Arkens (S), Linda Ryan (N) Illinois — Scott Cofoid Pennsylvania — Tom Brett Indiana — Christina Groves Rhode Island — Jimmy Chin Iowa — Christina Groves South Carolina — Mandy Todd, Kansas — Christina Groves Mike Bratcher Kentucky — Christina Groves South Dakota — Scott Cofoid Louisiana — Jonathan Smith Tennessee — Christina Groves Maine — Jimmy Chin Texas — Janine Ellington Maryland — Amanda Gowans Utah — Kerry Redente Massachusetts — Jimmy Chin Vermont — Jimmy Chin Michigan — Scott Cofoid Virginia — Tom Brett, Amanda Gowans Minnesota — Scott Cofoid Washington — Linda Ryan Mississippi — Jonathan Smith West Virginia — Tom Brett Missouri — Christina Groves Wisconsin — Scott Cofoid Montana — Kerry Redente Wyoming —Kerry Redente CRS Coordinators Manual G - Edition: May 2010 59 Appendix G Telephone numbers are for both voice and fax unless noted otherwise. David Arkens Janine Ellington Heidi Liles 2312 Tulane Ave. 714 County Road 722 284 West Sabal Palm Place Central Point, OR 97502 Buna, TX 77612 Longwood, FL 32779 541 -261 -9186 830 - 708 -0305 407 - 774 -7494 dmarkens @iso.com jellington @iso.com hliles @iso.com Mike Bratcher Amanda Gowans Kerry Redente 213 West Broad Street 7982 Brightlight Place 12500 County Road 258 Beulaville, NC 28518 Ellicott City, MD 21043 Salida, CO 81201 910- 298 -2303 443 - 743 -7993 719 -539 -6501 jratcher@iso.com agowans @iso.com kredente @iso.com Tom Brett Christina Groves Linda Ryan 1327 Old Meadow Road 163 Drury Street 270 Bluebird Lane Pittsburgh, PA 15241 Graham, KY 42344 Tillamook, OR 97141 412 -221 -4679 270 - 312 -7242 503- 842 -0029 tbrett@iso.com cgroves @iso.com Fax: 201 - 748 -1923 lryan @iso.com Jimmy Chin Sue Hopfensperger 6 Stedman Street #1 5765 NW 27th Street Jonathan Smith Brookline, MA 02446 Margate, FL 33063 2310 Poplar Springs Drive 617- 734 -9424 561 -543 -1122 Meridian, MS 39301 jchin @iso.com shopfensperger @iso.com 228 - 235 -6506 jlsmith @iso.com Scott Cofoid Lori Lehr 1126 Schuyler Street 14320 Salem Church Road Mandy Todd Peru, IL 61354 Dover, FL 33527 1993 Meadowood Lane 815- 220 -1002 813 -215 -8074 Longs, SC 29568 scofoid @iso.com lhudson @iso.com 843 - 399 -5127 ktodd @iso.com CRS Coordinator's Manual G -2 Edition: May 2010 60 �pF � a jC ' FEMA Public Meeting On The Revised FIRM Maps In The City of Seward ONLY And FEMA Public Meeting On The Revised FIRM Maps For the Seward Area June 17, 2010 NOTICE IS HEREBY GIVEN that FEMA will hold a public meeting on the revised FIRM Maps within the City of Seward only on Thursday, June 17, 2010, at Noon at the Fire Hall Training Center, 316 Fourth Avenue. NOTICE IS HEREBY GIVEN that FEMA will hold a public meeting on the revised FIRM Maps within the Seward area on Thursday, June 17, 2010, at 6 p.m. to 8 p.m. at the Rae Building Auditorium, 201 Railway Ave. The Flood Insurance Study for the Kenai Peninsula Borough in the Seward/Bear Creek Vicinity has been revised, which includes updating the flood maps that represent the regulatory floodplain. This meeting will discuss the results of the study and to show the proposed revised floodplain boundaries. When adopted these revised maps will be used by lending institutions and insurance agents in determining who must purchase flood insurance. These maps will be used by the Kenai Peninsula Borough and the City of Seward for floodplain management and permitting purposes. The people most directly affected by the issuance of this study are those owning property and/or living in the identified flood hazard areas. Representatives from the Kenai Peninsula Borough, City of Seward, State of Alaska, and FEMA will be on hand to present the results of the study and the impact on your community's participation in the National Flood Insurance Program (NFIP) and its effects on local development. There will be a chance to provide comments or ask questions regarding the information and the NFIP in general. Maps for the areas within Seward City Limits are posted in the City Hall Lobby across from the dispatch window. Borough Maps are available at the Flood Board or local Borough office located in the SeaView Building at the end of Third Avenue. Should you have comments or questions and you live inside the city limits of Seward you may contact Christy Terry, 224 -4049 by e-mail at cterry@,cityofseward.net. POSTED: Thursday, May 27, 2010 City Hall bulletin board U.S. Post Office Harbormaster's Building 61 LeAth1 l� rr ` v 1 /(-7T L': OJv7 �' Alaska State Legislature OF T7 , SESSION ADDRESS: w?� �I: ;,,F INTERIM ADDRESS: Alaska State Capitol — `- 112 Mill Bay Road Juneau, Alaska 99801 -1182 ) Kodiak, Alaska 99615 (907) 465 -4925 e`s ' __ (907) 486-4925 Fax: (907) 465 -3517 – Fax: (907) 486 -5264 Toll Free: 1- 800 -821 -4925 9 AL • April 19, 2010 Senator Gary Stevens President of the Senate Tom Irwin, Commissioner Department of Natural Resources 550 West 7th Ave, Ste 1400 Anchorage, AK 996501 -3554 Dear Commissioner Irwin: City of Seward officials have enlisted my help in asking for your personal involvement in resolving an ongoing issue pertaining to the Department of Natural Resources royalties for gravel extracted from state land. As you may know, this matter has been of great consternation to community business owners and the municipal leaders, who have found themselves at an impasse with your department in establishing an agreeable price for the gravel. I believe a meeting in Seward would be beneficial for all interested parties. I encourage you to contact Seward City Manager Phillip Oates to see how this can be best facilitated. He can be reached at (907) 224 -4012. Thank you for your consideration of this request. I look forward to your reply. Sincerely, —� Sen. or Gary S vens CC: Philip Oates, Manager, City of Seward ti n, 62 ricr 11 " i 1,11% Gnl, „f:.T Ir.. ,I-