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HomeMy WebLinkAbout08292017 Planning & Zoning PacketCity of Seward Planning and Zoning Commission Rescheduled Regular Meeting August 29, 2017 Seward Planning & Zoning Commission Cindy Ecklund Chair Term Expires 02120 Martha Fleming Vice Chair Term Expires 02120 Gary Seese Commissioner Term Expires 02119 Margaret Anderson Commissioner Term Expires 02118 Tom Swann Commissioner Term Expires 02119 Craig Ambrosiani Commissioner Term Expires 02119 David Carlton Commissioner Term Expires 02118 Jim Hunt City Manager Ron Long Assistant City Manager Jackie C. Wilde Planner Array Liu Land Management Technician Special Meed, 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report B. Other Reports, Announcements & Presentations I. Recognizing Retiring City of Seward Planner Donna Glenz 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item] 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event Of such a request, the item is returned to the Regular Agenda.] Planning and Zoning Commission August 29, 2017 Meeting Agenda 1/88 7. Public Hearings [Limit comments to S minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing — None B. New Business Items requiring a Public Hearing 1. Resolution 2017-12 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code Titles 2, 7, 8, And 15 to clarify campground uses, definitions, and requirements............................................................ Page 4 8. Unfinished Business — None 9. New Business — A. Resolution 2017-11 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Kenai Peninsula Borough approval of the Preliminary Replat of Lots 4-7, Block 3, Seward Original Townsite, Seasalt Replat, located at the Northwest corner of the Fourth and Railway intersection ..................................Page 22 B. Set Work Session Topic for September 19, 2017 * C. July 18, 2017 Regular Meeting Minutes..........................................Page 28 10. Informational Items and Reports (No action required) -- A. September Meeting Memorandum.............................................................. Page 33 B. City Manager's Report................................................................................. Page 34 C. Using Electronic Communications During a Public Meeting ..................... Page 41 D. News from FEMA Region 10...................................................................... Page 45 E. Planning and Zoning Commission Rules of Procedure ............................... Page 51 11. Commission Comments 12. Citizens' Comments [Limit to S minutes per individual — Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission August 29, 2017 Meeting Agenda 2188 PROCLAMATION OF APPRECIATION TO DONNA LEE GLENZ FOR HER 26 YEARS OF SERVICE TO THE CITIZENS OF CITY OF SEWARD AUGUST 29, 2017 WHEREAS, we are here today to express our appreciation to Planner Donna Glenz and honor her for her distinguished 26-year career with the City of Seward and dedicated service to the residents of Seward; and WHEREAS, Donna began her career in Seward as Administrative Assistant at Seward General Hospital on May 27, 1992, and had provided wide range of clerical and patient care support; and WHEREAS, Donna continued to help Seward thrive when she became Planner for City of Seward on April 6, 2001, and has been instrumental in implementing City of Seward land use and zoning regulations; and WHEREAS, during all her career, Donna has tirelessly demonstrated her commitment to the community through her hard work, expertise, and sincere caring— ensuring the resources and support necessary for residents to achieve a greater quality of life; and WHEREAS, Donna is held in high regard by her peers, staff, friends, and community members for her upmost commitment to excellence; and NOW, THEREFORE, BE IT RESOLVED, for her tremendous contributions to growth and development of the City of Seward, that the Planning and Zoning Commission hereby extends its heartfelt appreciation to Donna Lee Glenz for her 26 years of service to the citizens of City of Seward and wishes her continued success in her future endeavors. 3/88 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2017- 12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE TITLES 2, 7, 8, AND 15 TO CLARIFY CAMPGROUND USES, DEFINITIONS, AND REQUIREMENTS WHEREAS, members of the public, the Planning and Zoning Commission, and the Seward City Council have requested a code change to allow for temporary camping on privately owned lots; and WHEREAS, in reviewing the city code, staff determined it to be important to better clarify terms related to camping, both privately or municipally run; and WHEREAS, from this review, there are changes to proposed to Seward City Code Titles 2, 7, 8, and 15; and WHEREAS, over the past serval years the Planning and Zoning Commission held several work sessions and provided input related to camping in general; WHEREAS, the Planning and Zoning Commission held public work sessions on June 20 and August 29, 2017 to review the changes proposed by staff; and WHEREAS, the Public Hearing notification process had been complied with for this resolution. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2017- attached and incorporated herein by reference, be forwarded to City Council for enactment, amending portions of Seward City Code Titles 2, 7, 8, and 15. Section 2. This resolution shall take effect immediately upon its adoption. 4/88 Seward Planning and Zoning Commission Resolution 2017- PASSED AND APPROVED by the Seward Planning and Zoning Commission of the City of Seward, Alaska, this 291" day of August, 2017. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Cindy Ecklund, Chair 5/88 P&Z Agenda Statement Meeting Date: August 29, 2017 Through: Ron Long, Assistant City Manager �.� From: Johanna Finney, City Clerk, Donna Glenz, Planner oe�"K Agenda Item: Amending Portions of Seward City Code Titles 2, 7, 8, and 15 to clarify campground uses, definitions, and requirements BACKGROUND & JUSTIFICATION: At the request of the public, Planning and Zoning Commission, and City Council, city staff has completed a review of portions of the City Code relating to camping and campgrounds in the City of Seward. Review of the camping code is currently a council approved priority of the Planning and Zoning Commission. Camping and campgrounds are currently addressed within Titles 2, 7, 8 and 15 of the City Code. The Planning and Zoning Commission has held public work sessions to review and update portions of the City Camping Code. Upon review, staff determined it important to distinguish between public (municipal -run) camping, private camping (as a business), and camping on privately owned lots (for no fee) and to better clarify definitions and terms. Specific additions, deletions or changes are explained as follows: (Proposed change is indented and the staff explanation follows) 2.25.065 and 2.25.125, Harbor and Parks and Recreation Department powers and duties. In their research, staff determined the role of providing for the operation, maintenance and collection of fees for the city camping facilities was mistakenly listed under the Harbor Department instead of the Parks and Recreation Department. It is recommended to correctly place this duty under the Parks and Recreation Department's powers and duties. Title 7.15 — Campgrounds, Parks and Open Spaces For clarity and to minimize confusion, staff recommends placing all terms related to public (municipal) camping in this section, and to refer to city -run campgrounds as "municipal campgrounds". Staff also requests to remove and replace the term "Camper" with "persons camping" so there is no confusion if "camper" means a person or a camping unit. Parks and Recreation staff requested language to impose fines for failing to self -register. 6/88 Planning and Zoning Agenda Statement Page 2 of 3 Title 8.15 — Trailers, Mobile Hoare Parks, Camper Parks and Camping It is proposed to use Title 8.15 with regard to those intending to own and operate a private camper park or mobile home park. For the purposes of this resolution staff did not review portions of this code pertaining to mobile home parks. Changes are proposed to clearly define camping units, camper parks, and recreational vehicles. For Camper Parks, language regarding technical specifications have been either deleted or simplified. Articles 5 and C, pertaining to Camping (generally and on privately owned lots) and Employee Campgrounds were revised and moved to Title 15 under Planning Land Use Regulations as they are not associated with camping for a fee (municipal or private). Title 15.10 — Seward Zoning Code Proposed changes to Title 15 are to elaborate the definitions of campground, separating municipal and private. Articles 5 and b from Title 8.15 are moved to this section under Land Uses Allowed. Language was developed to allow for private, temporary camping on privately owned lots for no fee, as an accessory to a single family home. This allows residents to have out of town guest's camp on their property, as it is currently not an allowed use. The Land Uses Allowed table was amended to separate private and municipal camping. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: (2030 Plan approved by Council May 30, 2017) 1. 2.2.8 City Government: Continue to review and update the city X code. (bullet 2, page 9) Strategic Plan : (Approved by Council Resolution 99-043) • Pursue the community's vision through rigorous implementation 2. of the Comprehensive and Land Use Plans X * Update the zoning code in order to implement the Comprehensive Plan FISCAL NOTE: No impact to the budget is expected from this code revision. ATTORNEY REVIEW: 7/88 Planning and Zoning Agenda Statement Page 3 of 3 The attached ordinance was submitted to the City Attorney for a cursory review and accepted with one housekeeping correction. Seward City Code§ 15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any Iand use regulations, or changes zoning or land use boundaries. Asper City Code §15.01,040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, one public request for packet information had been received and information was provided. RECOMMENDATION: The Commission approve Resolution 2017-12, recommending the City Council adopt the attached Ordinance amending portions of the Seward City Code Titles 2, 7, 8, and 15, relating to campground uses, definitions and requirements. 8/88 Sponsored by: Planning and Zoning Commission Introduction: Public Hearing: Enacted: CITY OF SEWARD, ALASKA ORDINANCE 2017- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLES 2, 7, 8, AND 15 RELATING TO CAMPING REGULATIONS WHEREAS, regulation of public and private camping is addressed in several sections of the Seward City Code; and WHEREAS, it is desirable to make all camping ordinances throughout the Seward City Code consistent with one another; and WHEREAS, it is desirable to amend the camping ordinances for public campgrounds to clarify fees for public campgrounds and to assist park staff with enforcing ordinances, including fee collection; and WHEREAS, Alaska Statutes 18.35 and the regulations adopted in 18 AAC 30.400-.470 establish minimum standards of health and sanitation for the protection of the public health and welfare in campgrounds; and WHEREAS, purposes of the camping regulations are to protect the public's health, safety and general welfare, prevent overcrowding and unsanitary conditions in the City, to provide a wholesome community environment, adequate public services, to conserve natural resources, and to provide clean, safe and attractive recreational and tourist facilities; and WHEREAS, in addition to several work sessions, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments at its August 29, 2017 meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Sections 2.25.065 and 2.25.125 are hereby amended to read as follows (Stfikeeu = deletions, bold italics = additions): 2.25.065. - Harbor department —Powers and duties. The harbor department shall: 507486\1002\00639522 9/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 2 of 13 (1) Formulate, recommend and administer policies and procedures pertaining to the operation of the Seward harbor and its facilities; (2) Collect harbor fees and charges and maintain such records as are necessary for the fulfillment of the department function; (3) Provide for the enforcement of all city regulations pertaining to the harbor; ping z-csL rrrrrc.`r, (5) Provide other services and duties as directed by the city manager. 2.25.125. - Parks and recreation department —Powers and duties. The Parks and Recreation Department shall: (1) Organize various recreational programs for individuals of all ages within the City; (2) Coordinate recreational activities and programs with the Kenai Peninsula Borough Community Schools programs and other local recreational entities; (3) Maintain City recreational facilities; (4) Provide for the operation, maintenance and collection of fees for the city camping facilities; (5) Provide other services and duties as directed by the City Manager, Section 2. Seward City Code Section 7.15 — Campgrounds, Parks, and Open Spaces is hereby amended to read as follows (Str-ikeou = deletions, bold italics = additions): 7.15.010. - Camping, gener-ally municipal. (a) No camping, other than as specified in section 843-5-915.10.225, shall be allowed within the City limits except in areas designated as municipal campgrounds by resolution of the City Council or in private camper parks operating under a permit. "Municipal campgrounds" means campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. Fees for camping in designated public- municipal campgrounds shall be set by resolution of the City Council. Camping on private land is subject to Title 8.15 and Title 15.10. (b) In no event shall camping by one party be allowed for more than 14 consecutive days in one design municipal campground, except that disabled and/or senior citizens age 62 and over may camp for extended periods of time provided that they first obtain a monthly pass from the City. Monthly passes shall be issued only to those individuals possessing a special 507486\1002\00639522 10/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 3 of 13 permit issued by the City Parks and Recreation Department. Tents or structures of plastic sheeting, canvas or similar materials are not eligible for monthly passes or special permits. (c) Persons camping Gamper-s must be housed in a camping unit, ^ .,.,:t i" dnr:.,e n faete r- heme__ eamnef_ e+_enopy,__ fit"i ,,,heeleror, tent_ (d) Camping in mat publie municipal campgrounds shall be allowed between April 15 and September 30 each year, provided, however, that the City Manager may delay the opening of municipal campgrounds until such time as staffing and weather conditions permit such use. Except for those areas opened for camping by resolution of the council or stated in subsection (e) below, all pie municipal campgrounds shall be closed to camping beginning October 1 through April 14, annually. (e) Winter camping shall be permitted at the Iditarod municipal campground located at the south end of Waterfront Park. Winter camping shall not be allowed in any other pule municipal campgrounds unless specifically authorized by resolution of the City Council. (f) Persons camping Gampers in violation of this section are subject to citation, eviction and/or impoundment by authorized personnel. Persons camping Campers who violate posted camping regulations may have their camping permits revoked and may be evicted by authorized personnel, if such actionwat:ranted, a eemplaint riled b.._paFks p .,el shall be eensider-ed gFOURds for City poliee to issue a eitation or take other- apprepFiato aetion. Citations or complaints by authorized personnel shall include a complete description of the violation and any contact between the violator and parks staff. 7.15.020. - Municipal campgrounds, registration and permits. Municipal campgrounds are designated as self fegistr—at fee areas. Unless otherwise posted, persons camping Cafflpem shall self -register and pay the established fees as posted before occupying a campsite. A valid camping permit must be visibly displayed and attached to all camping units at all times. Failure to self -register and pay the established fee shall result in a fine of $50. if fine is paid within ten days, the fine shall be reduced to $25. For the purposes of this chapter, camping is defined as parking a veer-entional vehicle camping unit owing a -tent f .. f a than - „.,tiVO heUFS. A camping unit is defined in 8.IS. 110. Section 3. Seward City Code Section 8.15 — Trailers, Mobile Home Parks, Camper Parks and Camping is hereby amended to read as follows (&Fikeet4 = deletions, bold italics = additions): Chapter 8.15. - Trailers, Mobile Horne Parks, Camper Parks and Camping Article 1. - General Provisions 8.15.110. - Definitions. 507486\1002\00639522 11/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 4 of 13 As used in this chapter the following terms are specifically defined as follows: Addition. An enclosed structure of conventional construction, or a manufactured home unit, attached and appurtenance to a mobile home. homes, of a eenverted hearse, bus, station wagoH or panel tpdek designed f�9F use as a tempaFary travel dwell Camper park. A privately owned and operated campground on any Afty parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units e-ampe tfavel trailers or- tent eamper-s. Camping unit. A tent or recreational vehicle. Permit. The license issued for and allowing the establishment and management of mobile horne parks or camper parks as defined in this section. Recreational vehicle. A vehicle used or intended to be used as sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. Space. A defined land area in a mobile home or camper park on which a mobile home or camping unit, travel trade.-, ,.n., pep et: tent may be placed and which is described by boundary lines measured in terms of: (1) Its depth expressed as a mean distance between the front and rear of the space, measured in the general direction of the side space lines; (2) Its width expressed as a mean distance between the side lines of the space, measured in the general direction of the front and rear space lines. Travel trailer. A vehicular portable structure which is not self-propelled, designed for short- term occupancy as a temporary dwelling for travel, recreational and vacation uses. Uscd/occupied. As applied to any land, buildings, mobile home, or camping unit 4e-Ve4 tFaile . -ev - ,..,.,-.., pe , the words "used" or "occupied" shall be construed to include the words "intended, arranged or designed to be used or occupied." 8.15.115. - Location. 507486\1002\00639522 12/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 5 of 13 (a) Mobile home parks, camper parks, and employee campgrounds are considered permitted uses per the Land Uses Allowed Table in Title 15 ;n R3 or AC distriets, provided they are approved by the Seward Planning and Zoning Commission planning e9mmission after public hearing. , (b) Mobile home or camper spaces must be located a minimum of 75 feet from any permanent residence building located outside the park unless separated therefrom by a barrier such as a right-of-way or a fence or wall at least 36 inches in height. , 815.120. - Mobile home park and camper park regulations —Applicability. (a) All mobile home parks and camper parks within the city of Seward shall be constructed, operated and maintained in accordance with the standards set forth in this chapter. It shall be unlawful for any person to own or operate a mobile home or camper park which does not meet the standards of this chapter. (b) Nothing in this chapter shall be construed as prohibiting the placement of modular or prefabricated homes in any district where other single-family dwellings are allowed, provided the homes meet other applicable zoning, setback, and construction code requirements of the city, Kenai Peninsula Borough and the state. 8.15.125. - Enforcement of chapter; violations and penalties. (a) This chapter governing mobile home parks and camper parks shall be enforced by the city construction inspector, fire chief and the city clerk. (b) Whenever a violation occurs, any person may file with the city clerk a complaint in regard thereto. All such complaints shall be properly recorded and immediately investigated by the appropriate city official who shall report his findings to the city manager. (c) For any and every violation of the provisions of this chapter, the owner, agent, contractor, lessee, or tenant of any premises where such violations exist, or any other person who commits, takes part or assists in such violations or who maintains any building or premises in which any violation shall exist, may be assessed a penalty of not more than $300.00. Each and every day that such violation continues shall be deemed a separate and distinct violation. (d) Any structure which is in violation of the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the city manager shall, upon order of the city council, commence lawful action to abate or remove such building, structure or use or to restrain any violation of this chapter. (e) All remedies provided for herein shall be cumulative and not exclusive. 5074W1002\00639522 1.3188 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 6 of 13 (f) The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter or any amendment thereto. 8.15.130. - Compliance with other laws. Mobile home parks and camper parks shall be constructed, operated and maintained in conformance with all applicable state and local statutes, ordinances or regulations. 8.15.140. - Fire prevention. (a) Every mobile home park or camper park shall be equipped with a 15 pound carbon dioxide or dry powder fire extinguisher in good working order, located in the dwelling or office of the person in charge of the park. No open fires shall be permitted at any place within a park, except in camper parks in fire rings, pits or other facilities constructed for such purpose and of a design approved by the fire chief. (b) To minimize the possibility of interference with escape in case of fire, the permittee shall prohibit the parking of vehicles closer than five feet from the door of any service building, convenience establishment, t...,.�F, mobile home or eamper recreational vehicle. (c) In each mobile home, eamper or travel recreational vehicle having its own heating or cooking appliances, such appliances shall meet the requirements of the fire chief as to their manner of installation, venting and fuel feed system. If natural gas or propane gas is utilized as a fuel, all gas appliances, fittings and installations shall conform to the city utility code and fire code requirements (see title 14, utilities, and chapter 9.15, fire prevention). (d) Containers for fuel to be used by mobile home, travel trailer or camper occupants shall be connected in a leakpFoe€ leak -proof manner to the stoves or heaters by copper or other metallic tubing approved by the construction inspector. Fuel oil containers shall be securely fastened in place not less than five feet from any exit and at least two feet from the body of the mobile home or addition thereto, or recreational vehicle 8.15.145. - Recreational vehicles Teavel-trailer and mobile homes outside of parks. (a) No recreational vehicle ts.^.�e or mobile home, other than an uninhabited two -wheel trailer not to exceed twenty feet in length, may be stored on a private lot in residential districts, except in a subdivision or development where a special fenced -in common area has been set aside for the storage of recreational vehicles. (b) On a construction project, a travel 'Fader, mobile home or eainpef, recreational vehicle may be used for temporary living or work space at the project site for a period of 90 days if a letter application for this use is submitted by the owner or manager of the project, site or property and is approved by the city construction inspector. 507486\1 Q02100639522 14/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 7 of 13 (c) In a mobile home or recreational vehicle, travel trailer or eamper. sales lot, one mobile home or recreational vehicle, may be used as an office for sales lot business only. Article 2. - Permits 8.15.210. - Mobile home park and camper park annual permit required. (a) No person may construct, operate or maintain a mobile home park or camper park without first obtaining an annual permit in accordance with this chapter. (b) The permit shall be issued by the city clerk after investigation and inspection by the city construction inspector and fire chief. (c) The annual permit, along with a copy of this chapter, shall be posted in a conspicuous location on the premises of the mobile home park or camper park at all times. (d) All mobile home parks, camper parks, or other trailer courts in existence in any area annexed to the city in the future shall have ninety days subsequent to such annexation to obtain a city permit. (e) The city council may by ordinance restrict the total number of mobile home park permits and camper park permits to be issued. 8.15.215. - Initial permit. (a) An application for an annual mobile home park or camper park permit shall be submitted to the city clerk on a form provided by the city. The application shall include the following information: (1) The name and address of the mobile home park or camper park; (2) The name and address of the applicant, indicating whether operator or owner; (3) The name and address of the owner if different from the applicant. (b) The application shall be accompanied by a dimensional site plan at a scale of one inch to 20 feet showing the following: (1) The specific layout of mobile home or camping unit, .. setting forth the dimensions of each space; Article 4. - Camper Parks 8.15.410. - General Provisions. 507486\1002\00639522 15/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 8 of 13 (a) Camper parks may be established to provide temporary spaces and facilities to-e er-sfor camping units, etes heroes, tFavel-trader, and other r-eeteatienal vehieles when used for touring, vacationing or like transient activities. No vehiel camping unit in a camper park may remain in the park more than thirty days. (b) Camper paFks may also pr-evide spaeos and faeflities for- tent eamping. No tent eamper may 8.15.415. - Spacing requirements. The requirement for spacing shall be at least ten feet clear space between camping units r-eefeational Vehieles or- tent Units. rr•�s:LYi7�form KFAMs • + 8.15.445. - Prohibitions generally. (a) No �M9ationa vt-IA-F t.,..t camping unit situated in a camper park may be offered for rent or lease. (b) No vehicle in a camper park may be rendered immobile except by the unhitching of a separate towing vehicle, if any. Camper Recreational vehicles may be temporarily tied down only as required for the safety of the vehicle and the area. removal of wheels, skirting, attachment of structures, building or foundations or any other act evidencing permanency of occupancy shall not be permitted. 8.15.450. - Registration required. The owner or operator of a camper park shall maintain a register containing the name and address of each person occupying the park, a license or identification number and description of each vehicle occupying the park and the date of each arrival and departure on a form approved by the city. This register shall be retained for at least three years, and shall be available for inspection by the city at any time. No person who refuses to register may be granted occupancy in the camper park for- himself ei- his v ehiele 507486\1002\00639522 16/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 9 of 13 8.15.455. - Alaska landlord -tenant act inapplicable. A camper park is not a mobile home park as set forth in AS 34.03.360(3). Structures and mobile homes within the terms of AS 34.03.360(3) are not permitted in a camper park. Article 5. - Camping - See §15.10.225 a � � . , S a • �. � 1 f Article 6. - Employee Campgrounds - ,See §15.10.225 am MM&M, vezag a 'Wem, WOMAN 507486\1002100639522 17/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 10 of 13 a (,*Separ-atesanitar-y faciiities shall be provided for eaeh sex. Such faGilities shall inel either pGFmanent @F peFtable toilets. if pe-r-M-anent if-pe-Alitie's -A-re they shall l ben fot:m to wetio ti 815.425(b) of this , kapta.• Section 4. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows (Seem = deletions, bold italics = additions): 15.10.140 - Definitions. A. General interpretation. B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 507486\1002\00639522 18/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 11 of 13 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents e *:,,,, vehiele,, camping units as temporary living quarters for recreational or vacation purposes. a. Campground, municipal. Campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. b. Campground, private camper parks. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. 19. Ca around, employ. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. 21. Camping unit. A tent or recreational vehicle. (***Clerk's Note subsequent sections will be renumbered accordingly***) 15.10.225 Land Uses Allowed (a) Table 15.10.225 land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See tables at the end of this title.) (i) Camping is allowed subject to the following: (I)No camping for a fee shall be allowed within the city limits except in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 815. (2) Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy shall be limited to one camping unit and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not exceed 14 days per calendar year. 19188 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 12 of 13 (j) Employee Campgrounds are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 150 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the city council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. (2) Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit and annual permit. (3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. (4) Separate sanitary facilities shall be provided for each sex. Such facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities may either be on -site in conformance with section 8.15.425(b), or provided on the job site of the employer. (5) The requirements for spacing shall be at least ten feet clear space between recreational vehicles or tent units. Vehicles other than those being used fur living accommodations shall not be parked within the campground area proper. Table 15.10.225 Land Uses Allowed Zoning Principally Residential Principally Commercial Principally Public Districts Uses RR R 1 R2 R3 UR OR AC HC CB I RM INS P Campground, C/P C/P C/P C/P municipal Campground, C/P C/P C/P C/P CIP G�R camper park, RV Piffk private Campground, C/P employee Section 5. This Ordinance shall take effect ten days following approval and posting. 507486\1002\00639522 20/88 CITY OF SEWARD, ALASKA ORDINANCE 2017- Page 13 of 13 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this day of , 2017. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 507486\1002\00639522 21/88 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2017-11 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF LOTS 4-7, BLOCK 3, SEWARD ORIGINAL TOWNSITE, SEASALT REPLAT, LOCATED AT THE NORTHWEST CORNER OF THE FOURTH AND RAILWAY INTERSECTION WHEREAS, McLane Consulting, Inc. has submitted a preliminary plat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat combines the four (4) existing Lots 4 through 7, Block 3, Seward Original Townsite, into one (1) new lot, to be known as Lots 4A, containing approximately 8,774 square feet; and WHEREAS, the parent plat is the 1905 Seward Original Townsite, staff recommends the title remain consistent and therefore add the word Original to the title; and WHEREAS, the property is located at 133 Fourth Avenue; the northwest corner of the Fourth and Railway Avenue intersection; within the Central Business District (CBD); and WHEREAS, City department heads have reviewed and submitted a request for 10 foot utility easement along the west/alley property line to accommodate planned underground utilities; and WHEREAS, the property is currently serviced by municipal water, sewer, electric and other utilities within the adjacent rights -of -way (ROW); as required by Seward City Code § 16.01.015, (A-F) Conditions to plat approval, all conditions have been met; therefore a subdivisions installation agreement is not required; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: 22/88 Seward Planning and Zoning Commission Resolution No. 2017-11 Page 2 of 2 Section 1. The Commission recommends Kenai Peninsula Borough approval of the Seasalt Replat subject to the following conditions: 1. Amend the Title of the Replat to read as Seward Original Townsite, Seasalt Replat. 2. Correct street names to spell out all numbered Avenues. 3. Remove, correct and/or re -display and label correctly the area to the east of the mid -line of Fourth Avenue. 4. If the area is displayed as far east as Ballaine Boulevard, label correctly. (There is no 71h Avenue in Seward). Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 29"' day of August 2017. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Cindy Ecklund, Chair 23/88 P&Z Agenda Statement Meeting Date: August 29, 2017 To: Planning and Zoning Commission Through Ron Long, Assistant City Manage Jackie Wilde, Planner 4JAM-C From: Donna Glenz, Planner Agenda Item: Resolution 2017-11 recommending Kenai Peninsula Borough approval of the Seward Original Townsite, Seasalt Replat BACKGROUND JUSTIFICATION Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by McLane Consulting, Inc. on behalf of property owner Charles Elliot Jackson. This platting action vacates the three (3) interior lot lines Lots 4-7, Block 3 Seward Original Townsite, creating a single lot to known as Lots 4A containing approximately 8,774 square feet. The replat is located at 133 Fourth Avenue; the northwest comer of the Fourth and Railway Avenue intersection; within the Central Business District (CBD). The parent plat is the 1905 Seward Original Townsite plat, staff recommends the title remain consistent and therefore add the word Original to the title as suggested in the Conditions listed in the Resolution. The area displayed to the east of the midline of Fourth Avenue is confusing and miss labeled. The street names are incorrectly displayed as numbers and the original Seventh (7`h) Avenue was renamed officially to Ballaine Boulevard in 1978. These corrections are suggested in the Conditions listed in the Resolution. SUBDIVISION REVIEW: Zoninz: This replat is located within the Central Business Zoning District (CBD). All surrounding properties are also within the CBD. Utilities: The property is served by the existing public utilities and maintained streets, therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located in the adjacent rights -of -way. There are several fire hydrants within an approved distance. 24/88 Seward Planning and Zoning Commission Agenda Statement -- Resolution 2017-11 Page 2 of 2 Existinm Uses: The northern portion of the lot contains a commercial structure housing a restaurant locally known as Christo's which has been renamed to Seasalt. The south portion of the property has been vacant but is currently being used as a deck and seating area for the restaurant. The adjacent properties include: to the north additional commercial structures, to the South, across Railway is the Seward Sealife Center, to the west across the alley is the Seaview Plaza and to the east, across Fourth Avenue is vacant land. Flood Zone: The area is not located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017) 2.2.11 Economic Base 1. • Promote infill development by encouraging and promoting X construction on vacant sites in areas of the city which are already established. (bullet s, page 10) Strategic Plan (Approved by Council Resolution 99-043): Growth Management and Land Use X 2 • Promote Residential and Commercial Development inside the City. (page 9) City Code: . 12.01.030 - Platted property lines. X 3 No building, except a single-family residence, may be constructed across platted property. Staff Comment: City Staff and the local communication companies have reviewed and requested a 10 foot utility easement along the west property line to accommodate the planned underground electric and cable/com utilities. Staff recommends correction of the street names on the submitted plat. All numbered streets shall be spelled out. The area to the east of the mid line of Fourth Avenue is displayed incorrectly and very confusing on the submitted plat, it should be removed or displayed correctly. RECOMMENDATION: Approve Planning and Zoning Resolution 2017-11 recommending the Kenai Peninsula Borough approval of the Seasalt Replat subject to the Conditions listed in the Resolution. 25/88 .to L6NISO, OXON •� ..� ®� ity2/,09 '3i1V h'1L 3 � \ >r' / 94pC • O I SoBrGl x1,6S,06WN {+a(zo R 6r 3 [o,z¢ooN ,+69r M,6S,0400x� \ M/N,OB '-7nV M15 B z 6 `m rnl Iz c \ \ n(G4 y�9�.e+fl 3.eo,Zaaox ,reeKl 3so; 26 (La1.sZ'651 ).Lz,La00u r�6613,Zo,1690N _ \ r I M.M.,-.49Z9 M.L0.10.605 W m T T .tc .CC ( Y).9o'06 tiIIIpN (Yx7 0029 rill o;p'�� o ° (rtl) .60'Zll NStl°N �Q G ? ^ r ' p6"O63,Sf,10.00x ,I[2113.9C.1000N cL nl 3.sf.l40px lia).ea Is 3.Fs.lnoon \ OM � � aY k11 L T 1 1 Z �I� \ j'a�m? I § j (Fa],6s� .SS�L6F4 _r .a+'6+F 3.rI,Z0.06N ILNJ,O+66f ),4 G,Z6.60N (Ftl).BF'6tt 3.FI,Z0.00N _ s po7694 ijLz0.00N M/tJ,OB "3i1 t+` 02lE' $ t q 12A g^ w [3iW Q❑ 3� p �-/ I.F;AIR Th i-62 26/88 27/88 City of Seward, Alaska Seward Planning & Zoning Commission Minutes July 18, 2017 Volume 7, 1'a e 242 CALL TO ORDER The July 18, 2017 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Cindy Ecklund. OPENING CEREMONY Commissioner Ambrosiani led the pledge of Allegiance to the flag ROLL CALL There were present: Cindy Ecklund presiding, and Martha Fleming Craig Ambrosiani Comprising a quorum of the Board; and Gary Seese Margaret Anderson (arrived @7:04) Also Present Ron Long, Assistant City Manager/ Community Development Director Jackie C. Wilde, Planner Amy Liu, Land Management Technician Absent Tom Swann- Excused Dave Carlton- Unexcused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Administration Report Ron Long introduced the new planning department Jackie Wilde Planner and Amy Liu Land Management Technician. Long reported the housing work session July 11, 2017 was well attended; he also supplied the commission with a copy of the State of Alaska requirements for Bed and Breakfasts handout. General discussion was given by administration and commission regarding zoning definitions. Ecklund asked about changes to the Future Land Use Map; Administration showed changes to commission. Chair Ecklund gave a Kenai Peninsula Borough Planning Commission Meeting update from the July 17, 2017 meeting she attended. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING —None APPROVAL OF AGENDA AND CONSENT AGENDA 28/88 City of Seward, Alaska Seward Planning & Zoning Commission Minutes July 18, 2017 Volume 7, Page 243 Motion (Fleming/Anderson) Approval of Agenda and Consent Agenda The following item was approved on the Consent Agenda: May 2, 2017 minutes Motion Passed Unanimous Unfinished Business Items requiring a Public Hearing - None New Business Items requiring a Public Hearing Resolution 2017-09 , of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending the Kenai Peninsula Borough approval of the Federal Addition, Kang Replat Number 2; this Replat subdivides one (1) lot into two (2) smaller lots; located at 810 Second Avenue, within the Single Family Zoning District Long gave general description on replat Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one wishing to speak, the public hearing was closed. Motion (Anderson/Fleming ) General Discussion was given Approve Resolution 2017-09, recommending the Kenai Peninsula Borough approval of the Federal Addition, Kang Replat Number 2; this Replat subdivides one (1) lot into two (2) smaller lots; located at 810 Second Avenue, within the Single Family Zoning District Fleming asked about the setback requirements regarding the eaves and stairs on the property; Long explained the Kang Replat was prepared and submitted by Integrity Surveys of Soldotna and that the surveyor saw no conflicts. Motion Passed Unanimous 29/88 City of Seward, Alaska Seward Planning & ,Zoning Commission Minutes July 18, 2017 Volume 7, Page 244 Resolution 2017-10 of the Planning and Zoning Commission, of the City of Seward, Alaska recommending City Council and Kenai Peninsula Borough approval of the City owned Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Exit Marine Replat; creating a new lot to be known as Lot 4, Block 4, Exit Marine Replat, located within the Industrial Zoning District Long gave general description on replat Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one wishing to speak, the public hearing was closed. Motion (Fleming/Ambrosiani) Resolution 2017-10, recommending City Council and Kenai Peninsula Borough approval of the City owned Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Exit Marine Replat; creating a new lot to be known as Lot 4, Block 4, Exit Marine Replat, located within the Industrial Zoning District General Discussion was given Ambrosiani asked why the parcel is was not square, Long explained that there was a drainage ditch. Fleming asked about the process of a long term lease; Long explained that there would be a short term lease coming forward to Council. Ecklund wanted to know the process about the surveying wanted to know if the City paid for the survey, Long stated no the lease holder paid the cost. Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS Memo Regarding Commissioner Attendance Long gave definition of both Council and Commissions attendance per the Rules of Procedure. Long explained that even though the memo was addressed for one commissioner that it any recommendations should be for all Commissioners. Commission requested a letter be sent to both Commissioner Carlton and Swann based from the previous year's regular meeting attendance record as provided. 30188 City of Seward, Alaska Seward Planning & Zoning Commission Minutes July 18, 2017 Volume 7, Page 245 Motion (Fleming/Ambrosiani) Requesting administration and the City Clerk send a letter regarding attendance to both Commissioners Carlton and Swann with copies of Rule 14 and the portion of City Code addressing attendance to be included. Also, include a return request from Commissioner stating their intent within 30 days of receipt of the letter. Seese wanted to make sure the board encourages both Commissioners to attend all Regular meetings and work sessions, Motion Passed Unanimous Discussion. of August Meeting Schedule Long gave a verbal report regarding upcoming meetings, administration request the August 1" regular meeting and August 15th work session be rescheduled to a special meeting on August 22, 2017. Commissioners held general discussion regarding the Commissioners availability for August 22"d. Due to calendar conflicts the following schedule was proposed. Motion (Fleming/Ambrosiani) Motion Passed August 1, 2017 Regular Meeting and August 15, 2017 work session be moved to August 29, 2017 with a 6 p.m. work session, with proposed Camping Code amendments as the topic followed by a 7 p.m. regular meeting. Unanimous Consent Informational Items and Reports (No action required) - A. P & Z Quarterly Report B. Procedural Memo C. SBCFS Memo D. 2017 Planning & Zoning Meeting Schedule E. FEMA Newsletters Commission Comments Ambrosiani- stated it was a great meeting. 31/88 City of Seward, Alaska Seward Planning &,Zoning Commission Minutes July 18, 2017 volume 7, Page 246 Anderson- welcomed both Jackie and Amy and looks forward to working with them. Fleming- None Seese- welcomed Jackie and Amy Ecklund- would like to move back to City Hall Council Chambers starting with the September 5, 2017 meeting, all commissioners agreed. Citizens' Comments - Laura Schneider wanted to introduce herself, she will be running the Exit Marine along with her husband and thanked everyone on the work they have done regarding the replat that was approved tonight Commissions and Administration Response to Citizens' Comments- None ADJOURNMENT The meeting was adjourned at 8:00 p.m. Jackie C. Wilde Planner (City Seal) Cindy EckIund Chair 32/88 Memorandum Date: August 29, 2017 To: Planning and Zoning Commission Through: Ron Long, Assistant City ManagG1 1� From: Jackie Wilde, P1ann '.( Subject: Planning & Zoning Commission September S, 2017 Regular Meeting and September 19, 2017 Work Session The September 5, 2017 Joint Work Session and Regular meeting has been cancelled due to the Labor Day holiday, and the deadline for the New Business or Public Hearing items has passed. The Joint Seward/Bear Creek Flood Board Quarterly Joint Work Session has been rescheduled for September 19, 2017. 33/88 CITY OF SEWARD P.O. Box 167 Seward, AK 99664 MANAGER'S REPORT July 14, 2017 thru August 4, 2017 Jim Hunt, City Manager Telephone (907) 224-4047 Facsimile (907) 224-4038 The following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: Electric Dryden & Larue Transmission Line Design — Fort Raymond 7/17 $15,735.00 Harbor 50 Ton Kendrick VOAC Retro Kit for 50 Ton 7/26 $18,274.44 ADMINISTRATION Held Interviews for Executive Liaison: Hired Latesha Layne R&M teleconference Weekly SMIC teleconference KBIH radio appearance Met with Frontier Drilling representative Sealife Center visit AML — JIA Worker's Comp presentation Attended Eastern Peninsula Service Area Board meeting — Cooper Landing Attended Ocean Cluster economic development meeting at SeaLife Center Ongoing Budget preparation HARBOR Conducted meetings with Hamilton Construction and R&M for the Breakwater project on 07/27/17, 08/03/17 and 08/10/17. Base and core rock are complete. The entire footprint of the breakwater is in place, and they are continuing to place primary A rock. One to two barges are needed to finish the breakwater; the rock barge has been repaired and is heading back to Kodiak to Ioad more rock. The boat lift schedules for both sides of the bay are continuing. The B-Float fish cleaning station gut barge landing was damaged. The entire harbor crew responded within one low tide cycle to remove and replace the broken timbers. There was no disruption of service. (pictures attached) The SMIC project will be continuing with Hamilton Construction, The City is close to finalizing a change order to continue the MSIC project with Hamilton Construction, LLC, to include repairs to the North Dock cell wall, adding a tail wall, anodes and new fender piling, installing a 10-ton crane on the North Dock, installing a 15' floating dock, widening the 330-ton travel lift pit, and heating the wash down pad. This will be brought to Council as a contract amendment. The jack up rig will be with us another winter. 34/88 LIBRARY We are pleased to welcome Heather Bardarson, our new Program Coordinator, to the Library & Museum team. Heather brings with her excellent communication, management and organizational skills. She is a people person with a lot of enthusiasm and initiative, as well as a passion for our community as a long time Seward resident. We are excited for the opportunity to work with her! You may reach Heather at hbardarson cit ofseward.net or 907.224.4010. Our summer archivist intern, Courtney Berge, completed her eight -week internship with us, June 2"d - July 28 h. During her time with us she has: o Surveyed, arranged, housed and cataloged over 17 lineal feet of documents donated to the Resurrection Bay Historical Society (RBHS) by the owners and heirs of the Brown & Hawkins Corporation. For over 100 years, Brown & Hawkins functioned as a prime outfitter of food, hardware, and clothing in Seward. The company's archives are extensive and mostly consist of business records, business correspondence, newsletters, stock certificates, souvenir stationary packets and other correspondence. o Drafted an Archival Processing Manual for the Seward Community Library & Museum that will provide significant assistance in our continued work on the many archival collections at the Library Museum. This manual will be shared with other museums so that it may help others deal with the challenge of caring for archival collections along with museum collections. o Provided an outline for an Archival Policy that we can expand upon to further develop our efforts to be good stewards of the collections entrusted to our care. o Was featured in the Seward Journal for the community reception held for her where she presented briefly about the project she had just started working on. o Conducted extensive research on Walter M. Woodburn due to the rather large collection of correspondence and papers represented in the Brown & Hawkins archival collection. o Met with the Resurrection Bay Historical Society Collection Committee and members numerous times to review her progress and provide feedback and recommendations. o Was featured on SAKtown Talk Radio Show with Mike Insalaco and on July 215` o Met with Hugh and Iris Darling for a tour of the historical Brown & Hawkins building. She also met with them at the Library Museum to show them the work that done on the collection, We thank the Alaska State Museum and Scott Carrlee, their Curator of Museum Services, for the opportunity to work with Courtney through the Grant -In -Aid grant program, which provided funding for a stipend and housing. 35f88 Courtney ELECTRIC DEPARTMENT Number of outages/trouble calls in July: 8 Number of new Job Orders started since Jan. 1, 2017: 25 o The boring contractor has started working on the final conduit under the lagoon. With concessions by the contractor, we will be able to finish the lagoon with the needed three conduits within the contingency amount. o The electric department was unable to obtain the needed easements and permissions in time to do any construction in Stoney Creek this year. GCI is installing fiber optic cable in the area. Unfortunately, we were not aware of their project in time to jointly work with them. o GCI informed us that they are planning to remove their cable from the poles by the lagoon as requested, but the permitting is taking more time than they estimated. o With the assistance of the Federal Energy Regulatory Commission, the electric department and MIS are moving in a direction to make our computer and electronic systems more secure from cyber-attacks. All the Railbelt utilities have scheduled to meet with FERC to evaluate cyber security. o The mediation between Homer Electric and the other Railbelt utilities was unsuccessful. At this point HEA and the countersuing utilities are filing briefs with the Supreme Court. The City of Seward is, thus far, not involved with the litigation, but council may recall that Homer Electric was attempting, before the mediation, to include all five utilities in their lawsuit to the Supreme Court. o All six Railbelt utilities and ATC have signed a Memorandum of Understanding for the creation of a Transco. This is projected to be completed by the end of next year. The Utilities are working together to finalize the reliability standards as well. These standards will govern how the generation and transmission are operated in the present and planned for in the future. 3G188 PUBLIC WORKS Public Works: Projects in the works include Street paving, Water tank engineering, Lowell Canyon culvert/manhole repairs, Lagoon upgrades for DEC compliance, Elevator fixed, ... Water, Wastewater Utilities: Yearly maintenance on Utility locations continues. Wastewater Lagoons aeration adjustments were needed along with a shed over the sampling vault so we can do samples all winter and keep in compliance with DEC. We awarded a contract to Wince-Corthell-Bryson for engineering the Lowell Canyon Water Tank Refurbishment. Once engineering is complete the project will go out to bid, Streets: Paving is going well. We have paved most of the downtown area from Railway Ave to Madison Street and beyond. They are working on smoothing out all abrupt edges with D-I gravel now. Line striping will be toward the end of the project. We are getting ready to move northward to Clearview and Forrest Acres. The next streets in line will be Sea Lion Ave and Swetmann Ave to get the school routes ready for traffic. The tunnel contractor M2C1 is working on improvements to the existing manhole and culvert to repair and add to the structure. Just a one -week project, but it will help them out when they return for more tunnel repairs November through March. Shop: Shop personnel participated in a 2-day Iadder truck training class at the Fire Hall. Also working with the Volunteer Ambulance Corp and the Volunteer Fire Dept. on vehicle maintenance and readiness of equipment. Buildings: The City Hall elevator is back in service. We have been shorthanded with our custodial crew for a few weeks. Lowell Canyon Manhole/culvert repair Sinkhole repair on 5" at City Hall 37/88 PARKS AND RECREATION Sports & Recreation: Subway Tri Harder Thon (see attached letter). Party Harder Thon: picnic, kite parade (kids who had NEVER flown kites before had fun!). Nothin' But Trouble band entertained hundreds of passers-by at Wellington, then TYC at night. Youth soccer going well. Adult, coed softball is halfway through the season. Planning the year-end tourney. Planning for upcoming fall sports: basketball, racquetball, volleyball and officials' clinics Teen & Youth Center: Summer camp is at 50+ kids for the full 12 weeks. We have been able to get some of the wait listed kids in when other kids are absent. 52 kids, 8 staff and 1 volunteer went to the Challenger Center Wednesday, July 12th. A successful mission to Mars was completed and many rockets were launched. STEM Programs are running strong and we hope to continue with similar programs in the After School Program. The After School Program is being designed and brochures are being updated. Expected release date is August 11`h Teen Rec Room: Hiking, games, regular drop -in, planning an overnight camping trip. Already recruiting and planning for Teen Council and fall workshops Campgrounds & Park Maintenance: Woodlawn Cemetery clearing, Dead Waterfront Spruce clearing, Flower Bed upgrades and construction, Balifield upgrades and maintenance, Cemetery brush clearing, Playground safety inspections and repair, Regular grounds maintenance and campground operations Sewer Dump Station Pay Machine Revenue: 01/01/17-08/07/17 - $16,967.00 Nil Parking: Continued permit sales, regular operations. Working with businesses and agencies to the best of our abilities Admin: Bubble Soccer, Rescue Run race for ASLC, Cemetery planning & design. ALPAR: Litter patrol working hard and recycling. Pulled a bunch of metal garbage and trash from SMIC. Last day and awards will be Aug 1 I Subway Tri-Harder-Than Letter of Thanks! Seward Parks and Recreation hosted Seward's 5`h Annual Adventure Challenge Sat, July 22"d. Tri-athletes from around the state paddled 5 miles on Kenai Lake, ran 6.3 miles on the Iditarod trail (Long Lake) to Meridian trailhead then hopped on their bikes and rode 15 miles to the finish line at the Wellington picnic area. Congrats to all the competitors! Everyone crossed the finish line with great attitudes and some with outstanding times. Thank you to our sponsors: Subway, Moose Pass Fire, Bear Creek Fire, Seward Fire, US Forest Service, Camping and Parking Departments and huge thanks to Adventure 60 North for transporting kayaks out to the kayak queue area. With a great deal of planning and preparation for this event, each leg of the race flowed together so smoothly due to the remarkable support of all the volunteers and staff. We would like to express gratitude to those who assisted with the Kayak portion of the race: Wayne Bennett, Rick Lowry, & Kevin Hauze for posting at the Kayak turnaround, following the last kayaker and accounting for every single racer. Huge thanks to Moose Pass Fire: Judy Merritt, Curt Jacoson & Phil Ingersol - for providing a safety vessel on the water and were prepared 38/88 to offer EMT services if needed. Thank you Traci Petersen for camping overnight and posting up at the kayak queue for those dropping off kayaks, checking off participants and facilitating to the volunteers. Thank you Terry Estes for your assistance getting kayaks out of the water. The trail crew did a fantastic job! Tracking participants, staging on the trail, to lend a hand and give encouragement to all the runners. Also making sure all garbage and debris was picked up off the trail leaving "no trace". Acknowledgment to our staff and volunteers for spending your Saturday afternoon with us: Jamie Fredrickson, Jessica Fogle, Trail safety: Monika Adams and Andrea Cameron (USFS), Austin Ledford, Chris Penn, Molly and Todd Hickok. Much thanks to Sully Hauze who helped mark the trail. The majority of the bike portion was along the Seward Highway that required a good amount of signage and traffic control. Thank you Brennan Hickok PM&C supervisor for placing signs on the roadway to alert motorists' bikers who were on the road and posting up at the turn up Sea Lion where bikers had to make a right turn off the Highway. Thank you to Doug Schoessler - Director for the public works department for loaning us the proper sign holders to place on highway. Thank you to the Parking Department Joshua Long & crew who gathered up the signs on roadway after race and was also stationed on the bike route, it was a huge help to us. Thank you to Bear Creek Fire: Connie Bacon & Volunteer who were stationed at the bike queue ensuring racers made it onto the Highway safely. Much appreciation goes out to our TYC team for your amazing efforts. You all had important roles which lead to the success of this event: Josie McLain, Jessica Miles, Roma Hamner, Sequoia Sieverts, Raven Melnik & Angel. Thank you to our volunteers and staff at the Finish line BBQ: Josie Mcclain, Tamara Foster and Vitalli Sturdy. A large number of resources were essential for the safety of this Triathlon. Everyone's time and involvement was recognized and very much appreciated. Melanie Hauze — Seward Parks & Recreation: Subway Tri Harder Thon Race Director -Subway I n-naraer- I non K@SUITS Place Bib# Name Ceilder Sta49er Start Kayak Actual Run Time Actual INke lime ToaITene 1 57 18C8b5tUeben UU C°: ii 1 .a 1.t 1' 1-U111 2-11 42 0,5629 211 •2 4 ,0 Stephen Schell r::1::1 nnr0.) '� (t49FA 1 Foga 1 1?rstl ? ida fld4h? ?41 41 3 47 Illvrdiurnrig "' UCiZJ E 0ub11 1ZubW 11U61 21b4b OW44 2.�S4�- 4 5 61 57 R-j'an hepp P.9rlrkNulivs =3: 6.i 00`113 UUGU 01141 O:48;48 21111 2 14 11 11017 123 3 05 5( UQb4r 0-5336 O!W34 302 X 30o4. 6 59 SF Kev',n0Neill 5111I!jr rl Slr)r;!'[f11�1['r _::,o �:i;ll 00!*0 Q0°(1� 0494D 10734 21.227 ?i?F?% 12539 12154$ 30912 3a}F. tF 0.5445 OFrfi dR 30912 77F 1i, t3 b3 B!a ncloah4abin `:: 005#3 108.410 22301 11423 .12553 10247 32: Fx 5 S5 Uncalenwley S:1111 r,an0i 108M ^4an4 1A.M - �' iTb 054?4 ,.W- 10 4X ArIce;lrp Hx1r11 30;0 U(ViW OW 31 k' 2 U:, 132111 3 9.m 101.3� :13s Z 11 12 d9 511 Rebecca Sa`ders Gmnylr€1['mri 3;y;o =0 0000 UUOW 05713 10r:00 252 t2 302Ut 13500 ' 1b.'r2! a 211 1 41122 129;0 1.084� ;Ci 1 zz 13 14 51 Deanna Roe6r-q SvI) 00?0_l [1;55.21 1 to 20 250 da d j'- ':' 15523 318 47 4 739 12655 Teams # L2_ 425 4J4 AaskanCanqueno- -i €-fll 'h sr: Pr%k,hrrw Falr PAN; 00`_r20 � 0(11G:a 1 1.104OB 1 1745 21`25 4:7,,ri 1 11 17 '4 2 '18 14) 05913 t mi07 3i1x Fastest Male Kayaker: Jason Stueben; Fastest Female Kayaker: Deanna Roering Fastest Male Runner: Jason Stueben; Fastest Female Runner: Adrienne Barlett Fastest Male Biker: Stephen Schell; Fastest Female Biker: Jessica Miles 39/88 FINANCE The Air Force has approved the termination agreement to terminate their lease. Once the signed agreement has been received along with their final termination and lease payment, Metco will be removing the remaining structures to clear the property, and the City will resume control of the property. The finance department has distributed budget documents to each department to begin the process of preparing their 2018/2019 Biennial budget requests. Administration has prepared a preliminary budget calendar and will be seeking Council input on the scheduling of work sessions and public hearings and adoption of the budget. The Office of Children's Services has vacated their upstairs office space in City Hall. When the City receives final notice from the State, that office space will be returned to the City. The HR office facilitated a staff training on workers' compensation processes and procedures, with the assistance of representatives from our insurance pool, AMLJIA. Finance will be drafting a proposed Ordinance to amend the City's workers' compensation policy to come before Council before year-end. The department is working to compile the costs associated with the foreclosure of the Goreson and DE Wood properties so that administration can develop a process to dispose of the properties in accordance with City Code. This will involve solicitation of competitive sealed bids advertised in a newspaper of local circulation. Any monies collected by the City in excess of the costs we have involved in the clean- up and sale of those sites is, by law, required to be returned to the original property owners or estates. 40/88 Memorandum Date: July 10, 2017 To: City Council, Historical Preservation Commission, Planning and Zoning Commission, and Port and Commerce Advisory Board From: Johanna Kimsey, City Clerk Subj: Using Electronic Communications During A Public Meeting As an elected or appointed official, you are aware that adhering to the requirements of the Open Meetings Act is a priority. One of the most common reminders you receive repeatedly relates to limiting the number of people who gather in person, to avoid even the appearance of having a discussion that could be construed as a meeting without proper public notice. And by and large, every council, board, and commission member practices this awareness with diligence. But one of the more subtle issues that I would like to bring to your attention occurs in silence, but is no less important to be mindful of, and this relates to the use of electronic devices during a meeting. The point of holding a public meeting is so that citizens have the opportunity to see and hear everything being said and done during the meeting. Discussions are audible, documents are shared for viewing, and actions are transparent. If you are using your cell phone, laptop, or other electronic device during a meeting, you are essentially putting up a curtain between you and the citizens — effectively, shutting them out — and potentially, violating the Open Meetings Act. The City Council Rules of Procedure clearly states: "Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council." Also attached for your consideration is an article published by the Municipal Research and Services Center (a Washington based nonprofit organization) which supports council's rules and highlights some of the important reasons why it is not an advisable practice to allow electronic communications during a meeting: I. It's distracting. 2. It takes away from the focus and the attention of the meeting. 3. If members are communicating with each other electronically — it is a private conversation and could be viewed as a violation of the Open Meetings Act, 4. There should be no private conversations during a public meeting. 5. It is inappropriate to be doing other things not related to the meeting at hand. 41 /88 MRSC - Use of Electronic Devices During Council/Commission Meetings Page 1 of 3 MRS C (Municipal Research and Services Center) Local Govemment Success Use of Electronic Devices During Council/Commission Meetings June 23, 2017 by I im Doherty category: Open Public Meetings Act, Public Records Act It seems that everybody is always looking at a screen or sending messages these days, sometimes using a smartphone, a notebook computer, or tablet —what's the big deal? When councilmembers or commissioners who are participating in an open public meeting get lost in their screens they might be: violating the OPMA; about to get the agency involved in a PRA issue; distracted by the latest game app; or sending messages using social media. Or, quite possibly, the councilmember/commissioner might be very attentive to the discussion or issue at hand and reviewing relevant documents online. Here's the issue: the other people in the room have no idea whether those looking at their screens are tuned in, tuned out, or violating the law, and that can be a problem. Violations of the Open Public Meetings Act (OPMA) If people on the legislative body are sending electronic messages between themselves regarding the issue under discussion, then that violates the OPMA because those present have a right to listen to the discussion. If someone on the legislative body is communicating with people not in the room regarding the issue under discussion, that is certainly rude but might also be violating at least the spirit of the OPMA because their role is to be discussing the issue with their fellow councilmembers/commissioners, not with their social media friends or twitter followers. Public Records Act (PRA) Issues If a councilmember or commissioner is sending messages regarding the public issue being discussed, then those messages are public records and can be requested by any member of the public, even if the messages are being typed on a personal smartphone or personally owned computer. Those records might show that the OPMA is being http://mrsc.org/1-lome/Stay-Informed/MRSC-Insigl V 0.8-2017/Use-of- Electron ic-Devices-... 7/3/2017 MRSC - Use of Electronic Devices During Council/Commission Meetings Page 2 of 3 violated or might show that the councilmember or commissioner is involved in totally personal business and is ignoring the matter at hand. For example, A PRA request in one city revealed that a councilmember was involved in a series of very personal and embarrassing emails with a girlfriend. What Can a Public Agency Do To Avoid Problems? Adopt a policy. Let all members of the legislative body and the public know the rules. Here are some examples of policies adopted by jurisdictions here in Washington State. The Spokane Valley Governance Manual includes the following: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet on non -City business during Council meetings in order that Council's full attention can be given to the topic at hand. The Burien City Council Meeting Guidelines include this: Councilmembers may post to social media and participate in online forums, but Councilmembers should refrain from the following: I. Posting and/or sending electronic communications while a Council meeting is in session (during a break in the Council meeting, this Item No. I of these Standards of Conduct will not apply); 2. Engaging in communications via social media or online forums with other Councilmembers in violation of the Open Public Meetings Act; 3. Posting, sending or reading communications regarding quasi- judicial issues via or to social media, where the Council acts in a manner similar to a judge; and 4. Posting or sending communications via or to social media that discuss matters that are attorney -client privileged or that are still confidential Executive Session matters. And, finally, C-TRAN's Board of Directors Conduct Policy includes the following: Board Members shall not send or receive electronic communications concerning any matter pending before Board during a Board Meeting. Board Members shall not use electronic communication devices to review or access information regarding matters not in consideration before Board during a Board Meeting. To ensure focus on the discussions during meetings, Board Members should only use the internet during meetings to access Board agenda packet information, board resource documents, including but not limited to Board Policies, C-TRAN Bylaws, Robert's Rules of Order, or other research relevant to the discussion. In deference to the Board meeting at hand, Board Members should make every effort to refrain from sending or receiving electronic communication of a personal nature during Board Meetings, though it may sometimes be necessary to send or receive very urgent/emergency family or business communications during meetings. http:Hmrsc.org/Home/Stay-Informed/MRSC-Insigh43G$$•2017/Use-of-Electronic-Devices-... 7/3/2017 MRSC - Use of Electronic Devices During Council/Commission Meetings Page 3 of 3 Does your jurisdiction have a policy regarding use of electronic devices during council or board meetings? Should you have a policy? More and more people are becoming addicted to their online screens and communications, but there is a time and place for everything. If the person chairing the meeting becomes aware that one of the participants is distracted by something off -topic on their device, they should be admonished to get back on track. Be polite, be lawful, and don't be the subject of a news item relating to inappropriate use of electronic communications. Questions? Comments? If you have questions about use of electronic devices during public meetings, or other local government issues, please use our Ask MRSC form or call us at (206) 625-1300 or (800) 933-6772. If you have comments about this blog post or other topics you would like us to write about, please email me at lclohertyomrsc.org. About Jim Doherty Jim has over 20 years of experience researching and responding to varied legal questions at MRSC. He is the lead attorney consultant and has special expertise in transmission pipeline planning issues, as well as the issues surrounding medical and recreational marijuana, VIEW ALL POSTS BY I 1M DOH ERTY / Leave a Comment Comments 0 comments on Use of Electronic Devices During CounciKommission Meetings Blog post currently doesn't have any comments. © 2015 MRSC of Washington. AR rights reserved. Privacy & Terms. http://rnrsc.org/Home/Stay-Informed/MRSC-fnsigh44L8-82017/Use-of-Electronic-Devices-_ 7/3/2017 News from Region 10 FEMA P-1000 Safer, Stronger, Smarter: A Guide to Improving School Natural Hazard Safety FEMA P-1000 offers actionable advice on how to improve the safety of schools in the United States from various natural hazards, including earthquake, tsunami, flood, hurricane, tornado, and windstorm. It focuses on both operational guidance (what to do before, during, and after an event) and on the physical protection of school facilities (what can be done to the structure and facility to improve safety). It aims to equip school safety advocates and stakeholders, including school administrators, facilities managers, emergency managers, emergency planning committees, teachers and staff at K through 12 schools. It also is designed to provide tools for school safety advocates to communicate clearly with decision makers to ultimately spark action. To access the Guide in its entirety, visit hV;s:11www. ema.gov1media- 1 ihrary/assetsldocuments1132592. FEMA P-366 Hazus Estimated Annualized Earthquake Losses for the United States FEMA released an updated edition of Hazus8 Estimated Annualized Earthquake Losses for the United States (FEMA Publication 366). The latest test edition of this report was developed by FEMA's Hazus Team, the National Earthquake Hazards Reduction Program, and the US Geological Survey (USGS) using the Hazus data, US Census data, and updated USGS Probabilistic Earthquake Hazard Maps. IP.6k �M Puq r Comparison of Regional Seismic Risk by Annualized Earthquake Losses This report serves as an effective tool to promote earthquake awareness, preparedness, implementation of cost-effective mitigation measures, and strategies to help reduce seismic risk in the nation's most at -risk communities. The update is designed to provide a more accurate estimate of hazard influences to losses, among other highlights. Hazus data helps provide emergency managers with comprehensive, nationwide data for decision -making. For more information about the updated Hazus Estimated Annualized Earthquake Losses, please email Hazus Outreach at hazus-outreach@a,riskma,ocds.com. Ask the Help Desk The FEMA Region 10 Service Center is here to help local community officials and stakeholders with technical, training, mitigation, and mapping questions. Send your questions to Reoil?nXHelADesk@sta rr-tea m.com. Pdsk. MAP Increasing Resilience Together iU _Y f n %adi 45/88 www.starr-team.com NEWS FROM REGION 14 NORFMA News New Members Forum Event July 13, 6 pm-8:30 pm Pyramid Alehouse Seattle, Washington NORFMA is hosting another New Members event. The theme is the White River! This is a free event to all interested in floodplain management. Following the social hour (snacks and food provided), NORMFA members will be presenting: ■ Setting the scene, geomorphology of the White River (USGS) ■ Lower White River Planning Dialogue Group (Pierce County) ■ Lower White River Countyline Levee Setback Project (King County) • Countyline Project (Herrera Consulting) • Hydraulic and Sediment Modeling along the Lower White River - Sumner (WEST Consulting). For more information on this event, contact Jesse Reynolds at iesse.reynolds@otak.com Annual Conference and Scholarship September 26-29 Seaside, Oregon The theme for this year's annual conference is: Managing Assets for the Future: Resilient Coastal and Riverine Floodplain. Registration and the Call for Abstracts is now open. Abstracts are due July 8. NORFMA is offering ten Conference scholarships to increase the training opportunities for communities with budget restrictions. Scholarships will cover conference registration, which includes 2018 NORFMA annual membership. Applications are due by August 7. For more information about the conference and to access the scholarship form, visit www. norfma. org. Award Nominations NORFMA is pleased to announce it will again be honoring a few of its own this year at the annual conference in September. Nominations are now being accepted from NORFMA members for Outstanding Individual and Outstanding Community in Floodplain Management. Nominations are due by August 1. To nominate in either category, visit hitos.-Ilwww.survevmonkev.com/��`/ Idaho FIRM Digitization Webinar July 13, 10 am PT/11 am MT Idaho Silver Jackets funded a project to digitize most of the paper Flood Insurance Rate Maps (FIRMs) for Idaho counties. This project allows you to view the maps online and overlay aerial imagery which will be helpful for locating structures and if they are within the Special Flood Hazard Area. The online map viewer can be accessed here: http://fema.maps.arcgis.com/home/item.htmi ?id=26cdel24507f4dad96783d442d6c820b The viewer shows the flood hazard zones, cross sections, and base flood elevations. The National Flood Hazard Layer is also included in the viewer to show any digital effective FIRMs. Converting the paper maps into a digital product will help with NFIP regulations as well as future flood mapping efforts. During this webinar, Kelly Stone, Risk Analyst with FEMA Region 10, will be presenting on the viewer and will provide instructions on how to access the data and use the site. Maureen O'Shea, Idaho NFIP State Coordinator, will also be available to discuss the use of this information for various applications. Registration is free and required. Visit http://i.mp/starrontinetraining. Featured Training Puget Sound Endangered Species Act Habitat Assessment Workshop July 13 - Olympia, WA August 10 - Mount Vernon, WA August 14 - Bremerton, WA September 7 - Everett, WA FEMA Region 10 and the National Marine Fisheries Service (NMFS) are teaming up again to offer workshops to discuss habitat assessments and the "Door 3" option to achieve compliance with the 2008 NMFS Biological Opinion (BiOp) on the implementation of the NFIP in Puget Sound. The target audience includes both local floodplain administrators and other community planners and permit reviewers, as well as biological consultants. These workshops will cover a general overview of the NFIP and the ESA, requirements resulting from the BiOp, and what a habitat assessment needs to contain to show compliance. Registration is free and required. For more information, contact FEN4AESATraining�a thecounciloak.com. Mitigation Planning Workshop G-318 Local Mitigation Planning Workshop September 27-28 Anchorage, Alaska This two-day workshop covers the fundamentals of mitigation planning for communities that must develop or update local, tribal, or special districts Natural Hazards Mitigation Plans that meet requirements established in 44 CFR 201.6 and 201.7, and address community priorities and needs. Continued on next page PdskMAP Increasing Resilience Together JUr-Y 2Dt7 46/88 www.starr-team.com NEWS FROM REGION 10 G-318 (cant.) This workshop describes the planning process, stakeholder involvement, assessing risks, and developing effective mitigation strategies. It includes basic elements of the plan review, approval, and update cycle, as well as tips for implementing and maintaining an approved plan, tracking performance, keeping stakeholders involved, and preventing plans from lapsing or expiring. Online Training (All times Pacific) Idaho FIRM Digitization July 13, 10 am Online - 1 CEC CRS; Changes in 2017 Coordinator's Manual July 18, 10 am Online - 1 CEC CRS: Class 4 Prerequisites July 19, 10 am Online - 1 CEC Elevation Certificates July 20, 10 am Online - 2 CECs Tools for Determining Base Flood Elevation July 27, 10 am Online - 1 CEC For information about the workshop, contact Eva Edwards, Alaska Training Coordinator, at eva. edwards(7°a,alaska.gov. Suggested Reading Stop Raising Awareness Already Many organizations concentrate on raising awareness about an issue, such as the danger of eating disorders or loss of natural habitat, without knowing how to translate that awareness into action, by getting Developing an Effective Mitigation Strategy July 28, 10 am Online - 1 CEC NFIP Basics August 3, 10 am Online - 1 CEC Floodplain Development Permit Review August 10, 9 am Online - 1 CEC Inspecting Fioodplain Development August 10, 10:30 am Online - 1 CEC CRS: Preparing an Annual Recertification August 15, 10 am September 19, 10 am Online - 1 CEC people to change their behavior or act on their beliefs. It's time for activists and organizations to adopt a more strategic approach to public interest Communications. You can read the whole article from the Stanford Social Innovation Review at httpsa/ssir.orglarticleslent ry/stop raising, awareness already. CRS: Flood Warning and Response (Activity 610) August 16, 10 am Online - 1 CEC How to Review a "No -Rise" Certification August 17, 10 am Online - 1 CEC Incorporating Climate Adaptation Into Natural Hazards Mitigation Planning August 25, 10 am Online - 1 CEC CRS: Fioodptain Management Planning (Activity 510) September 20, 10 am Online - 1 CEC To register for online courses, visit STARR'S training site online at i•mo/starronlinetroinin¢, or email RXTrain ing@starrAea m.00m. STARR Pdsk Increasing Resilience Together JULY 2017 47/88 www.starr-team.com .• Nome 2017 Hazard Mitigation Assistance Grants The Federal Emergency Management Agency (FEMA) is announcing that $250 million in funding is available through two Hazard Mitigation Assistance (HMA) grant programs: Flood Mitigation Assistance (FMA) and Pre -Disaster Mitigation (PDM). These competitive grant programs assist state, local, tribal, and territorial governments in strengthening our nation's ability to reduce disaster losses and protect life and property from future disaster damages. As required in the Stafford Disaster Relief and Emergency Assistance Act (Stafford Actl FEMA will provide the remainder of grant funding allocations to states and territories. These funds will be awarded on a competitive basis. FEMA's highest priority for competitive sub -applications is multi-state/tribal mitigation initiatives. In addition, FEMA's funding priorities are intended to avoid duplication of programs by providing pre -disaster funding to areas without post -disaster funding available through the Hazard Mitigation Grant Program (HMGP); and funding mitigation activities that cannot be funded by the FMA grant program. Beginning June 10, potential applicants can review the specifics of the FYI FMA and PDM programs in the Notice of Funding Opportunity (NOFO) which includes details such as eligibility, funding guidelines and evaluation criteria. The NOFO for FMA and PDM is available online at Ask the Help Desk The FEMA Region 10 Service Center is here to help local community officials and stakeholders with technical, training, mitigation, and mapping questions. Send your questions to RegionXHeloDesk@starr- tearn.com. www. rants. ov and additional information is available at www.fema. ov. FEMA will open the FY 17 HMA application period August 14. Eligible applicants must apply for funding through the Mitigation eGrants system on the FEMA Grants Portal accessible at htt sill ortal.fema. ov. All applications must be submitted no later than 3 p.m. Eastern Standard Time (EST) on Nov. 14. Further information on these grant programs is available at hW://www. fem a. go v/h az ard- miti ation-assistance. NQRFMA News Board Position Nominations NORFMA would like to encourage you to consider nominating or running for one of their open positions. Currently, the positions of Chair, Treasurer, and 2017 State/Provincial Representatives for OR, AK, and BC (Canada), are open. These positions serve a two-year term and are a great way to become more engaged in floodplain management issues. Continued on next page Pd*skMAP Increasing Resilience Together AUGUST 2017 48/88 www.starr-team.corn NEWS FROM REGION 10 NORFMA (cont.) The Board has monthly conference calls and hosts an annual conference. This is a very informal, yet productive group within a very supportive environment, which will give you the opportunity to develop relationships with great people in similar fields. As Chair, some of the responsibilities of the position include but are not limited to, presiding over all meetings, executing contracts and agreements, and appointing committee chairs and members. The Treasurer shall have custody and control of the funds of the Association, and will report the state of the finances at each meeting. Duties of the Treasurer include but are not limited to preparing annual financial statements, filing tax information, issuing payments, and maintaining the membership list. A State/Provincial Representative must be a full member in good standing and cannot serve as an Officer concurrently. If you have questions, or for a full position description, you can email Hans Hunger, Chair of Northwest Regional Floodplain Management Association at hhunger@co.pierce,wa.us. If you would like to nominate a person, email vice chair Michelle Gilbert at michelle.gilbert@ccy.wa.gov. For more information about NORFMA, visit www.norfma.org Newsletter Ideas? Want to spread the word about an upcoming event or recent success story? Let us know what you to want to see in future issues! Articles can be up to 500 words and may include pictures. Email RXNewsletter@starr-team.com . New Members Forum Event The NORFMA New Members Forum (NMF) is a networking group within the Northwest Regional Floodplain Managers Association. The Forum has been established to bridge the gap often experienced between those new to the profession and the available wealth of information and resources necessary for effective Floodplain management. It is geared for professionals who, regardless of age or background, would like to learn from those with several years' experience in an informal, social setting. The Forum provides access to information, training, and mentors who can help new members navigate the complex regulations and understand the many roles and disciplines necessary for successful floodplain management. The NORFMA NMF is open to anyone with an interest in floodplain management. On July 13th the NMF hosted its fourth event at Pyramid Alehouse next to the stadiums in Seattle. The theme of the event was the Lower White River - managing a river where flooding is worsened by significant and ongoing sediment deposition. The event consisted of four presentations, including a general overview of the geomorphology of the White River by Kristin Jaeger of USGS, planning level efforts along the river in Pierce County by Hans Hunger of Pierce County Public Works, the Countyline Levee Setback Project by Chris Brummer of King County, and hydraulic and sediment modeling along the river in the City of Sumner by Henry Hu of West Consultants. The event was a great success, hosting over thirty people who left satiated from floodplain management content and pizza! Next up for the NMF will be an evening event during the Annual NORFMA Conference in Seaside, OR September 26-29. Details to come! For further information on the NMF group, or general questions or comments please contact Jesse Reynolds at jesse.reynolds@otak.com. CRS Recertification Schedule This summer/fall, the Community Rating System (CRS) program will be implementing new annual recertification dates for CRS communities which will include a centralized collection and review of recertification submittal documents and Elevation Certificates (ECs). All CRS communities are required to recertify annually, however, the recertification deadline dates will now vary by state. For Alaska and Idaho, the recertification date will be August 1, with recertification packages being distributed by June 15. For Oregon and Washington the recertification date will be October 15, with the recertification packages being distributed by September 1. In addition, communities that have cycled under the 2013 CRS Coordinator's Manual are required to submit a Permit List and all ECs collected for the previous year with their annual recertification. Continued on next page Pdsk Increasing Resilience Together AUGUST 2017 49/88 www.starr-team.com NEWS FROM REGION 10 CRS (coat.) ISO has 2 new ISO/CRS Resource Specialists, Mr. Keith Harper and Ms. Christina Turpin, coordinating the centralized recertification. Keith will work with communities that recertify on August 1. Christina will work with communities that recertify on October 15. The CRS Resource Specialists will be processing the ECs collected at cycle verification visits starting January 1, 2018. ISO has developed a work and communication flow for the cycle visit EC review process as they work with communities to meet the required verification threshold of 90% correct. Results of the review Online Training CRS: Flood Warning and Response (All times Pacific) (Activity 610) NFIP Basics August 16, 10 am August 3, 10 am Online - 1 CEC Online - 1 CEC How to Review a "No -Rise" Floodplain Development Permit Certification Review August 17, 10 am August 10, 9 am Online - 1 CEC Online - 1 CEC Incorporating Climate Adaptation into Natural Hazards Mitigation Inspecting Floodplain Planning Development August 25, 10 am August 10, 10:30 am Online - 1 CEC Online -- 1 CEC CRS: Preparing an Annual CRS: Preparing an Annual Recertification Recertification September 19, 10 am August 15, 10 am Online - 1 CEC Online - 1 CEC wil I be sent to the community and the ISO/CRS Specialists. This process allows the community time to correct the ECs by the next verification cycle visit. The 90% threshold must be met only at the cycle verification visit. If you have any questions, please don't hesitate to contact Your ISO/CRS Specialist. CRS: Floodplain Management Planning (Activity 510) September 20, 10 am Online - 1 CEC CRS: Introduction to CRS October 17, 10 am Online - 1 CEC CRS: Developing a Program for Public Information (PPI) October 18, 10 am Online - 1 CEC Elevation Certificates October 26, 10 am Online - 1 CEC To register for online Courses, visit STARR's training site online at j.mp/starronfinetraining, or email RXTraining@starr-team.com. STARR w� Pdo sk MA P Increasing Resilience Together AUGUST 2017 50/88 www.starr4eam.com City of Seward Planning And Zoning Commission Rules of Procedure r aIF S � ■r�� \ASKi Adopted December 16; 2008 i Amended March 4, 2014 y , 52/88 Planning and Zoning Commission Rules of Procedure Table of Contents Introduction Section I — General Provisions V Rule Number Page RULE 1. Organization of The Commission 1 RULE 2 Powers and Duties of The Commission 1 RULE 3. Administration 1 RULE 4. Application of Rules and Conflict of Laws 2 Section II — Commission Meetings RULE 5. Open and Public Meetings RULE 6. Executive Sessions and Quasi -Judicial Proceedings RULE 7. Regular Meetings RULE 8. Special Meetings RULE 9. Work Sessions RULE 10. Meeting Locations RULE 11. Adjournment of Meetings RULE 12. Quorum Section III — Meeting Procedures and Administration RULE 13. Presiding Officer RULE 14. Attendance and Excused Absences RULE 15.Order of Seating RULE 16. Rules of Order RULE 17. Agenda Order of Business RULE 18. Agenda Administration and Approval RULE 19. Meeting Packets RULE 20. Motions RULE 21. Resolutions RULE 22. Citizen Comment and Public Hearings RULE 23. Voting RULE 24. Reconsideration RULE 25. Appeal Procedures 2 3 4 4 4 4 5 5 6 6 6 6 7 7 9 9 9 10 11 12 13 53/88 54/88 Section IV — Rules of Personal Conduct for Commissioners RULE 26. Ethical Conduct 15 RULE 27. Overriding Fairness In Fact And Appearance 16 RULE 28. Open and Public Deliberations 16 RULE 29. Prohibited Ex Parte Communications 16 RULE 30, Open Records and Location of Records 17 RULE 31. Conflict of Interest 18 Section V -tl General Administration RULE 32. Compensation and Reimbursement 19 RULE 33. Recognition Upon Retirement 19 RULE 34. Conunission Relations With City Council 19 RULE 35. Filling Commission Vacancies 19 Amendments Planning and Zoning Commission Resolution 2012-06 20 Planning and Zoning Commission Resolution 2014-03 23 55/88 56/88 Introduction Welcome to the Seward Planning and Zoning Commission. This packet of information has been put together by the Community Development Department to assist you in carrying out the duties of your office. Many of the provisions set forth in the following pages have been taken from the Seward City Charter, Seward City Code, and the Alaska Statutes. These are generally followed by a citation in brackets indicating the particular section of the Code which is being quoted or paraphrased, i.e. [SCC § 2.10.055). Other provisions were approved by resolution when the Rules of Procedure for the Planning and Zoning Commission were adopted. The City of Seward is a home rule city founded in 1906 and incorporated in 1912. The home rule charter was adopted in 1960. Alaska Statutes Title 29 governs the operations of AIaskan municipalities; however, as a home rule municipality, the City of Seward is not subject to all of the provisions of Title 29. (In contrast, general law municipalities are bound by all of the limitations set forth in AS 29) The Planning and Zoning Commission is a quasi-judicial body. The Commissioners are appointed for 3 year terms and terms of initial appointment shall be staggered so that as nearly as possible a pro rata number of members shall be appointed each year. The Council may appoint any qualified person to fill a vacancy of any member of the Commission; provided that the appointment shall be for the unexpired term of the vacancy [SCC § 2.30.215(a) and (b)]. A chair of the Commission is selected annually and shall be appointed from and by the appointed members [SCC § 2.30.210(b)]. These Rules of Procedure for the Planning and Zoning Commission were adopted by the Commission on December 16, 2008 with Planning and Zoning Resolution 2008-20. The Rules of Procedure were amended on April 3, 2012 with Planning and Zoning Resolution 2012-06 and on March 4, 2014 with Planning and Zoning Resolution 2014-03. The Rules of Procedure are guidelines only, and the failure to adhere to them does not invalidate any Commission actions. SCC = Seward City Code; § = Section H 57188 58/88 Planning and Zoning Commission Rules of Procedure SECTION I — GENERAL PROVISIONS RULE 1. ORGANIZATION OF THE COMMISSION. (a) The Seward Planning and Zoning Commission ("Commission") consists of seven citizens who shall reside in the City of Seward ("City") appointed by the City Council pursuant to ordinance procedures. No officer or employee of the City may be a member of the Commission. [SCC§2.30.210(a)] (b) A chair and a vice -chair of the Commission shall be selected annually from and by the Commission, during the first meeting in March. [SCC§2.30.210(b)] RULE 2. POWERS AND DUTIES OF THE COMMISSION. (a) The Commission shall perform all of the duties delegated to it by ordinances in the Seward City Code including implementing the relevant provisions of the Seward City Code to • review the City of Seward Comprehensive Plan at least once each calendar year, in a manner including at least one ublic hearin and orward recommendations to the City Council annually, promote public interest and understanding of community planning and development, platting, zoning, land management and land use regulation, • decide requests for variance permits, conditional use permits and other matters a pertaining to land use regu ion in e City, • interpret land use regulations and make compliance determinations when requested by the administrative official or an aggrieved appellant, • act as an adviser to the City Council in all matters pertaining to land use planning and regulation, including holding a public hearing and forwarding recommendations before the City Council amends or repeals any provision of Seward City Code, Title 15, and • act in an advisory capacity to the Kenai Peninsula Borough Planning Commission in matters pertaining to: (A) subdivision plat proposals, (B) right of way and easement vacations, (C) development and amendment of the Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan, and City of Seward, Alaska 59188 Planning and Zoning Commission Rules of Procedure (D) City of Seward Comprehensive Plan amendments not otherwise delegated by the Borough to the City of Seward. f SCC §2.30.225, SCC § 15.01.035(c)(2) & (3)] RULE 3. ADMINISTRATION. (a) As directed by the city manager, the Community Development Department (referred to as the "administrative official") provides the administrative support for the Commission and its commissioners. (b) The administrative official will attend all Commission meetings, and will provide to the Commission the resources necessary for effective governance in planning, platting and land use regulation, including administrative support, training, advice, recommendations, and facilitation of Commission meetings and actions. At regular meetings of the Commission, the administrative official will report on matters pertaining to the administration of planning, platting and land use regulation. (c) The administrative official is authorized to receive, review and process all correspondence addressed to the Commission or to commissioners in their official capacity. Commissioners shall forward to the administrative official all correspondence pertaining to official business of the Commission. (d) The Commission is not authorized to employ or direct the employment or removal of any administration officer or employee of the City. [Charter of the City of Seward §3.6 (c)] RULE 4. APPLICATION OF RULES AND CONFLICT OF LAWS. These Rules of Procedure ("Rules") govern the procedures and practices of the Commission to the full extent that they are consistent with laws applying to the City. Whenever an ambiguity or conflict exists between these Rules and another Iaw applying to the City, the law prevails. SECTION II — COMMISSION MEETINGS RULE 5. OPEN AND PUBLIC MEETINGS. (a) The Commission is a body that possesses authority to establish policy and make decisions. Therefore, except as provided in RULE 6 below, all meetings of the Commission must be duly noticed, must be open to the public, and must allow a reasonable opportunity for the public to be heard. [AS 44.62.310(h)(2)(A)] (b) A "meeting" of the Commission occurs whenever a matter that the Commission is empowered to act upon is considered or discussed collectively by more than three members or a majority of seated commissioners, whichever is less, present at the location, including unplanned, casual or social contacts and gatherings, or ® in a series of conversations or communiqu6s closely related in time and subject matter, and cumulatively involving more than three members or a majority of City of Seward, Alaska 2 60/88 Planning and Zoning Commission Rules of Procedure seated commissioners, even if no single conversation or communique engaged more then three members or a majority of seated commissioners, and even if non - commissioners were the conduits for the eventual engagement of a majority of seated commissioners. (c) The word "meeting" includes every step of the inquiry, deliberations and decisional process by the commissioners, including work sessions, committee gatherings, investigations, fact -gathering, lobbying, and informal discussions about matters of Commission business. (d) Minor and routine procedural and administrative topics may be addressed collectively or in a series if the inquiry or discussion • is directed through the administrative official for appropriate forwarding to other commissioners, and • does not address or affect the substantive business of the Commission. RULE 6. EXECUTIVE SESSIONS AND QUASI-JUDICIAL PROCEEDINGS. (a) In a duly noticed and convened public meeting, the Commission may decide by motion and majority vote to recess into executive session, but only if • the motion in open session specifically describes the subject of the proposed executive session (without defeating the purpose of addressing the subject in private), and • the subject of the motion and the executive session is limited to o matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City, or o matters of attorney -client privilege narrowly defined, or o subjects that tend to prejudice the refutation and character of any person, provided, that person must receive reasonable prior notice of the proposed executive session and may reques a _public discussion instead of an executive session, or o matters which by law, charter or ordinance are required to be confidential, or - -� o matters involving consideration of government records that b law'ar�e not subject to public disclosure, and City of Seward, Alaska 3 61/88 Planning and Zoning Commission Rules of Procedure o no action is taken in the executive session except to give direction to an attorney or labor negotiator regarding either the handling of a specific Iegal matter or pending Iabor negotiations. [AS 44.62.3 1 0(c)] (b) When the Commission is acting in its appellate capacity reviewing a decision by the administrative official pertaining to one or more specific, identified person, small group or entity, or when the Commission is acting in any other quasi-judicial capacity in which the rights of one or more specific, identified person, small group or entity are being determined, the hearing of evidence and argument by the parties shall be open to the public. The actual vote on the final decision of the Commission shall occur in open session, however the Commission may conduct any or all other steps of the deliberation and decisional process in a closed session, unless a majority of the Commission decides to continue all or part of this process in an open session. [SCC § 15.10.415(c)] RULE 7.REGULAR MEETINGS. The Commission shall convene regular meetings at 7:00 p.m. on the first Tuesday of each month. [SCC §2.30.220(a)] RULE 8. SPECIAL MEETINGS. (a) Special meetings may be held at the call of the chair, the city manager, or a majority of the Commission. [SCC §2.30.220(a)] (b) The Commission authorizes the administrative official to call a duly noticed special meeting at 7:00 p.m. on any third Tuesday of the month if • an application for a Commission decision requiring a public hearing has been received by the administrative official in accurate and complete form and status at least three weeks prior to the special meeting, and • the public -bearing meeting can be and has been duly noticed in accordance with law. RULE 9. WORK SESSIONS. Work sessions convened for the purpose of inquiry and deliberation only. No formal agenda is necessary, and the chair may, in his or her discretion, relax Robert's Rules and other measures designed for conducting formal proceedings. The Commission may not take any action during a meeting noticed and convened as a work session. RULE 10. MEETING LOCATIONS. All meetings of the Commission shall strive to be held in the council chambers of the Seward City Hall at 410 Adams Street. Meetings, including work sessions, may be held in the council chambers, or at any other location within the City if that other location is sufficient to accommodate a reasonable estimate of public attendance. City of Seavard, Alaska 4 62188 Planning and Zoning Commission Rules of Procedure RULE 11. ADJOURNMENT OF MEETINGS. (a) The Commission shall not adjourn any regular or special meeting prior to 10:30 p.m. unless all members of the general public present and wishing to testify have been afforded the allotted time for their presentations and comments. [SCC §2.30.221(c)] (b) The Commission shall adjourn all meetings no later than 10:30 p.m. The time for conclusion of business and adjournment is mandatory. If the business of the Commission at that meeting has not been completed, the Commission may recess the meeting to another specific day, time and location announced to the public in attendance at the time the meeting is recessing, or adjourn the meeting and convene a new and duly noticed special meeting to complete the agenda, or • adjourn without making provision for completion of the agenda, in which case the uncompleted matters shall be presented as unfinished business at the next regular meeting of the Commission. [SCC §2.30.221(a) and (b)] RULE 12. QUORUM. Four members of the Commission who are present and eligible to vote constitute a quorum for the transaction of business at all meetings of the Commission. In the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. A meeting adjourned for lack of a quorum is considered a meeting for all purposes of records, documentation and compliance with law. [Charter of the City of Seward § 1.7 and SCC §2.30.220(b)] (b) If the Iack of a quorum in a quasi-judicial proceeding is caused solely by disqualifying bias or self-interest of one or more commissioners, and if this Commission is the sole adjudicatory body for that matter, then the otherwise disqualified commissioners may participate provided, • the failure of the Commission to hear the matter would necessarily result in a failure of justice, • the record includes full disclosure of the bias or self-interest of every participating commissioner who otherwise would be disqualified, and • no more disqualified commissioners are seated than necessary to achieve a quorum, and • that quorum consists of only those commissioners with the least harmful bias or self-interest, as determined beforehand by the city attorney. City of Seipard, Alaska 5 63188 Planning and Zoning Commission Rules of Procedure SECTION III — MEETING PROCEDURES AND ADMINISTRATION RULE 13. PRESIDING OFFICER. The chair will preside at all meetings of the Commission and shall be addressed as "Mr./Madam Chair" or "Chair (surname)." If the chair is absent or temporarily incapable or disqualified from participating, the vice -chair will preside, and shall be addressed as "Mr./Madame Vice -Chair" or "Vice -Chair (surname). If both the chair and the vice -chair are absent or temporarily incapable or disqualified from participating, the Commission will select an acting chair to preside until the chair or vice -chair is again able to preside. RULE 14. ATTENDANCE AND EXCUSED ABSENCES. (a) A commissioner may be excused from attending a meeting of the Commission by notifying the chair or the administrative official prior to the meeting, and by stating the reason for his or her inability to attend the meeting. During the call of the roll at the meeting, the chair or the administrative official will announce that the absent commissioner is excused by prior notice of absence, and if no commissioner questions the absence the administrative official will make an appropriate notation in the minutes. (b) If any commissioner questions the excused absence of another commissioner, the chair or the administrative official will recite the reason for the absence as reported earlier by the absent commissioner, and the chair then will entertain a motion to excuse the absent commissioner. This motion is non -debatable. Upon passage of this motion by a majority of the commissioners present, the absent member will be considered excused and the administrative official will make an appropriate notation in the minutes. (c) Following a member's absence from three consecutive regular meetings of the commission, excused or unexcused, the remaining commission members shall decide whether the commissioner should be retained or whether to request City Council appointment of a new commissioner. (d) The Council may remove members of boards regardless of term of office. The person so removed from office shall have the right to public hearing before the Council concerning the cause for removal. [SCC § 2.30.215(c) and Charter § 2.11) RULE 15. ORDER OF SEATING. The chair will sit at the center of the dais. The vice -chair will sit to the immediate left of the chair. Other commissioners will be seated in a manner extending outward from the chair and vice -chair, by order of their seniority, with the newest commissioners in the outermost seats on the dais. RULE 16. RULES OF ORDER. (a) The commission adopts parliamentary procedure as the normal and customary rules of order for the conduct of Commission meetings. However, the chair may relax parliamentary procedure to facilitate discussion or to add reasonable efficiency to the conduct of meetings. City of Seward, Alaska 6 C'i1rE:I:3 Planning and Zoning Commission Rules of Procedure (b) The city clerk or a designee is the parliamentarian for Commission meetings. S/he shall interpret questions and issues of parliamentary procedure in accordance with applicable law, these Rules, and Robert's Rules of Order Newly Revised, in that respective order of priority. RULE 17. AGENDA ORDER OF BUSINESS. (a) The administrative official will prepare the agenda for all matters before the Commission, and s/he will organize the agenda according to the following order of business: 1. CALL TO ORDER 2. OPENING CEREMONY A. Pledge of Allegiance 3. ROLL CALL 4. SPECIAL REPORTS AND PRESENTATIONS A. Community Development Report 1. Reported Violations, Interpretations and Abatement B. Other Reports, Announcements & Presentations S. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING 6. APPROVAL OF THE AGENDA AND CONSENT AGENDA 7. PUBLIC HEARINGS A. Unfinished Business Items Requiring a Public Hearing B. New Business Items Requiring a Public Hearing S. UNFINISHED BUSINESS 9. NEW BUSINESS 10. INFORMATIONAL ITEMS AND REPORTS 11. COMMISSION COMMENTS 12. CITIZENS' COMMENTS 13. COMMISSION AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT RULE 18. AGENDA ADMINISTRATION AND APPROVAL. (a) Any commissioner or the administrative official may direct the appropriate staff person to add to an agenda any item of legitimate information or business of the Commission, provided there remains sufficient time for compliance with public notice requirements. (b) The administrative official will place on the agenda any appropriate item of Commission business requested by a Seward citizen if the item has been received by the administrative official in sufficient time for administrative review and public notice, which is at least two weeks prior to the next regular meeting if the item does not require a public hearing, and at least three weeks prior to the next regular or special meeting if the item does require a public hearing (such as a variance, a conditional use permit or a plat review). The administrative official may postpone adding an item to the agenda for an additional reasonable time if the item requires further research and analysis for staff recornmendations, provided s/he reports the pendency of this citizen -request during the City of Seward, Alaska 7 65/88 Planning and Zoning Commission Rules of Procedure Community Development Report at the meeting when the matter would otherwise have been placed on the agenda. (c) The administrative official will place an order for publication of the Agenda in a newspaper of general circulation at least once during the week prior to the date of the meeting. If the call of a special meeting is too immediate to allow published notice during the preceding week, the administrative official will post and publish notice otherwise in accordance with law. (d) Consent agenda. The administrative official may mark with an asterisk any item on the agenda s/he considers sufficiently routine to warrant summary approval and enactment on the consent agenda. With a simple request, and without explanation or debate, any commissioner may move an asterisked item from the consent agenda to the meeting agenda. All items remaining on the consent agenda when the Commission adopts the motion approving the agenda and the consent agenda are summarily approved and enacted in full substance and effect, as if each had been fully discussed and adopted by separate motion. Following adoption of the motion approving the consent agenda, the administrative official will read into the record the titles of all items summarily enacted by consent. These items shall appear in the Commission minutes as if duly enacted separately on the meeting agenda. (e) The administrative official will place on the agenda any appropriate item of Commission business requested by a commissioner if the item has been received by the administrative official in sufficient time for administrative review and public notice as outlined in (b) above. (f) No matters other than those on the agenda may be finally acted upon by the Commission. Matters that seem to be emergencies or of an urgent need by the Chair, any Commissioner, Planner or Community Development Director, with an explanation of the emergency or urgency stated in the open Commission Meeting, may, with the consent of the Commission majority present, be considered and acted upon by the Commission. (g) Prior to voting on the approval of the agenda, the Commission may delete or defer an item on the agenda to a subsequent meeting upon the request of a single commissioner if there is no objection from the remaining commissioners. If any commissioner objects, the item can be deleted or deferred only by a formal motion approved by a majority of those commissioners present and voting. (h) Once the Commission has adopted the motion approving the agenda, no subject matter other than those items on the agenda may be brought to a vote for formal action or decision at that meeting. RULE 19. MEETING PACKETS. (a) The administrative official will prepare a meeting packet prior to Commission meetings. The packet will include the agenda for that meeting and all resolutions, reports, documents and information pertinent to items listed on that agenda. City of Seward, Alaska 8 66/88 Planning and Zoning Commission Rules of Procedure (b) In order to compile the packets in a timely manner and to allow commissioners ample time for review and preparation prior to the meeting, materials for inclusion in the meeting packet must be received by the administrative official no later than 5:00 p.m. on the fifth day before the meeting day. (c) A copy of the packet will be made available to the commissioners and to appropriate parties no later than 7:00 p.m. on the third day before the meeting day. (d) The agenda packet will be available at the Clerk's Office in hard copy format and electronically for public inspection no later than 5:00 p.m. on the first business day following distribution of the packet to the Commission. RULE 20. MOTIONS. (a) A motion is a proposal by any commissioner that the Commission act on a matter of either parliamentary procedure or substantive business, or that the Commission express certain views. (b) A motion must always be stated in a polite and respectful manner, and usually is stated in the affirmative. (c) Another commissioner must second a motion that requires a second before further consideration can occur, and that motion dies for lack of a second if no other commissioner endorses the proposal. (d) Existing law, these Rules and Robert's Rules of Order Revised respectively govern procedures pertaining to discussion of a motion and to the voting process for that motion. (e) Once a motion is duly adopted or rejected, it shall be recorded in the official record of the Commission as a decisional action by the Commission. RULE 21. RESOLUTIONS. (a) A resolution is a main motion of such importance or length as to be in writing, usually containing a preamble of "Whereas" clauses giving foundational reasoning or findings leading to the actual resolution, which is stated in one or more "Resolved" clauses. (b) The Commission shall process decisional matters in the form of a resolution when required by law, including when entertaining requests for conditional use permits, zoning variances, sign variances and floodplain management variances. [SCC § 15.10.320(E), SCC § 15.10.325(E); cf, SCC § 15.10.055(a)(3), SCC § 15.25.060] (c) The Commission may act by resolution in any other instances where the action or expression of policy or advice warrants a form of expression more formal or detailed than a simple motion. City of Seward, Alaska 9 67/88 Planning and Zoning Commission Rules of Procedure (d) A reasonable number of printed copies of all proposed resolutions on the agenda shall be available for public inspection at that Commission meeting. The title of each resolution on the regular business agenda must be read prior to the vote on passage. The titles of all resolutions passed in the consent agenda must be read only after passage. (e) The final decisional vote on a resolution may occur on the same day it is introduced. (f) Unless otherwise stated, a Commission resolution takes effect at the time of passage. However, a Commission resolution adopted pursuant to any zoning provision of the Seward City Code Chapter 15.10 becomes effective when the approved resolution has been posted in at least three public places continuously for ten days. [SCC § 15.10.320(E) §.325(E)] RULE 22. CITIZENS' COMMENTS AND PUBLIC HEARINGS. (a) The purposes of this Rule are • to promote public participation in the transaction of Commission business, • to give every citizen a fair opportunity to be heard, • to protect every citizen from embarrassment in the exercise of his or her right to free speech, and • to promote an orderly process for the administration of citizen -comment sessions and public hearings. (b) During any session of citizens' comments and during any public hearing, the chair may • avoid repetition in testimony by requiring an identifiable group to choose one or more spokesperson to address the Commission, if the chair decides in his or her discretion that the group of citizens is present at the meeting to offer public comments or testimony that expresses the same or a very similar set of reasons and comments in support of the same or a very similar position on an issue, and • modify either or all of (i) the individual time limits for presentations, (ii) the number of citizens commenting or testifying or (iii) the total time allotted for all comments or testimony. • Following the "Roll Call" in the order of business of each regular and special meeting, any citizens of Seward may offer comments to the Commission for 3 minutes on any agenda item not scheduled for public hearing at that meeting, provided however that this citizen -comment period on the agenda shall not continue more than 36 minutes in total time. The chair will invite citizens to comment in the order they appear on the sign-up sheet provided by the administrative official before the meeting, and the chair will invite citizens who City of Seward, Alaska 10 68188 Planning and Zoning Commission Rules of Procedure did not sign the sheet only to the extent the total allotted time allows. Citizens shall address the Commission only from the speaker's lectern, and shall begin their presentations by reciting their name and stating if they reside inside or outside of the Seward City Limits. (d) Following "Commission Comments" at the end of each regular and special meeting, any citizens of Seward may offer comments to the Commission one time for no more than 5 minutes on any matter within the authority and business of the Commission. (e) The procedures for a public hearing of an item on the agenda are as follows: Before the beginning of the meeting, the administrative official will provide sign-up sheet for citizens to indicate their desire to testify at the public hearing. • At the appropriate time in the agenda, the chair will announce the agenda item set for public hearing and invite the administrative official to describe the matter under consideration and state the recommendations of the city administration. ® The chair will then open the floor to those on the sign-up sheet, to offer testimony in the order in which their names appear on the sheet, reciting aloud and beforehand a summary of the rules of procedure in above and below bullet points and the first two bullet points in Section 22b above. • Citizens shall address the Commission only from the speaker's lectern, and shall begin their presentations by reciting their name and stating if they reside inside or outside of the Seward City Limits. • Each citizen shall limit his or her initial remarks to not more than five minutes. • After all citizens identified on the sign-up sheet have testified, the chair may invite the audience to come forward with additional comments under the same rules for testimony. • In the discretion of the chair, a citizen may speak a second time only after all other persons desiring to give testimony have spoken, and their remarks shall be limited to not more than one minute. • The chair will then close the public hearing and entertain a motion from the Commission. RULE 23. VOTING. (a) Except as otherwise provided in subsection (b) below, the chair will call for a vote by stating the motion and asking the administrative official to call the roll of commissioners. The administrative official shall alter the order of the call of the roll for each vote, except that the chair shall always be called last. The administrative official shall record how each commissioner voted on the motion. City of Seward, Alaska 11 GS7E:k:3 Planning and Zoning Commission Rules of Procedure (b) For motions pertaining to matters of minor importance or when there appears to be no opposition to a motion, the chair may in his or her discretion call for unanimous consent rather than a roll -call vote. An objection by any commissioner is non -debatable, and is sufficient to automatically require reverting to a roll -call vote in accordance with subsection (a) above. (c) Every commissioner present when the question is put to a vote shall register a vote unless the commissioner + has been excused from participation because of a financial conflict of interest determined by the chair or by a majority of voting commissioners in accordance with Rule 31(e) below, or + recuses himself or herself in order to preserve his or her voting authority in the same matter at the Borough level of the same decisional process. A If any commissioner who is present and qualified to vote refuses or fails to vote on a matter, his or her vote shall be recorded and counted as if cast on the prevailing side, including the prevailing side of a tie vote, as described in subsection (e) below. (e) Unless otherwise provided by law or these Rules, the affirmative vote of at least a majority of those commissioners present and qualified to vote shall be required for official action. A motion fails if the vote is a tie, except that a tie vote does not constitute the majority -in -opposition required to overrule the chair when the motion questions whether a ruling of the Chair should be sustained. RULE 24. RECONSIDERATION. (a) Any commissioner who voted on the prevailing side of a motion or decision by the Commission may move to reconsider that motion or decision, provided s/he either moves orally for reconsideration during the same meeting on the same day as the vote on the main motion or decision, or files timely notice of intent to move for reconsideration. (b) Notice of intent to move for reconsideration is filed timely if, the administrative official receives a written notice of intent to move for reconsideration signed by the initiating commissioner no later than 5:00 p.m. on the first business day following the day of the prevailing vote, or, + the initiating commissioner gives the administrative official telephonic notice of intent to move for reconsideration no later than 5:00 p.m. on the first business day following the day of the prevailing vote, and then supplements that telephonic notice with a signed written notice which is received by the administrative official before the vote occurs on the motion to reconsider. (c) A motion to reconsider takes precedence over all motions pertaining to the matter, except a motion to adjourn, and a motion to reconsider requires a two-thirds vote to re- open the main motion or decision. City of Seward, Alaska 12 70/88 Planning and Zoning Commission Rules of Procedure (d) The following motions and decisions may not be reconsidered: + a motion for reconsideration, + a motion or decision that has already failed to be reopened with a prior motion for reconsideration, + a motion or decision that can be renewed within a reasonable time after the first vote, • a motion or decision with a result that can be achieved by some other parliamentary motion no more burdensome than a motion for reconsideration, or + a motion or decision whose provisions were partially executed in reasonable, detrimental reliance before the written or telephonic notice of reconsideration was received. RULE 25. APPEAL PROCEDURES. (a) Appeals to the Commission shall be conducted in accordance with the provisions of Seward City Code and Rule 5(b) above. (b) The chair shall conduct the appellate hearing with a level of flexibility or formality tailored to the level of representation (lawyers or lay appellants pro per) and the level of contentiousness of the issues on appeal. Unless a majority of the commission present as hearing officers provides otherwise for stated reasons of improving fairness and impartiality, the chair will conduct the hearing in the spirit of the follows recommended guidelines and suggested time limits: 0 enin Ar um.ents. The appellants, and then the administrative official, shall each be allotted 5 minutes for opening oral arguments, to summarize the evidence and testimony they will use to support the positions they will advocate during the hearing. The Takin2 of Evidence and Testimon . First the appellants, and then the administrative official, will each be allocated 20 minutes to present evidence and testimony supporting their respective principal case. The chair will restrict these presentations to evidence and testimony of each party's principal case, and will not allow oral argument of a position during this phase of the proceeding. (A) All witnesses must testify under oath, administered by the city clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. (B) The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding 5 minutes per witness. The time devoted to cross-examination of a witness shall not City of Seward, Alaska 13 71/88 Planning and Zoning Commission Rules of Procedure count against the 20 minutes allotted to the party for the presentation of evidence and testimony. (C) Following an allotted time for cross-examination, any commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross- examination. The time devoted to questioning of a witness by commissioners shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. Rebuttal Evidence and Testimony. First the appellants, and then the administrative official, will each be allocated 10 minutes to rebut with additional evidence or testimony the prior evidence or prior testimony of the other party. The chair will restrict these presentations to evidence and testimony addressing specifically the subject matters raised by the other party in its principal case, and will not allow oral argument of a position during this phase of the proceeding. (A) All rebuttal witnesses must testify under oath, administered by the city clerk or his or her designee. Witnesses may testify either in narrative farm, or in the form of responses to questions posed by the appellant or its lawyer. (B) The opposing party may cross-examine any and all rebuttal witnesses presented by the other party, for a period not exceeding 3 minutes per witness. The time devoted to cross-examination of a rebuttal witness shall not count against the 10 minutes allotted to the party for the presentation of rebuttal evidence and testimony. (C) Following an allotted time for cross-examination, any commissioner may question any rebuttal witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross-examination. The time devoted to questioning of a rebuttal witness by commissioners shall not count against the 10 minutes allotted to the party for the presentation of rebuttal evidence and testimony. (v) Closing Arguments. Following a break of 10-15 minutes for preparation time, the appellants, and then the administrative official, shall each be allotted 5 minutes for closing oral arguments, to summarize the evidence and testimony supporting the positions they have advocated during the hearing. (c) Following the close of the appellate hearing, the Commission shall adjourn the meeting, and conduct its deliberations and decisional process in a closed session at a time and place convenient for commissioners, unless a majority of the Commission decides to continue some or all of the process in open session pursuant to Rule 6(b) above. City of Seward, Alaska 14 72/88 Planning and Zoning Commission Rules of Procedure (d) Within 60 days following the filing of the appeal, the Commission shall issue its decision in the form of written findings of fact and conclusions of law. SECTION IV -- RULES OF PERSONAL CONDUCT FOR COM]VHSSIONERS RULE 26. ETHICAL CONDUCT. (a) Commissioners should make all decisions only in the best interests of the community of Seward as a whole, and never for personal gain or to give unwarranted benefit or treatment to any person or entity. (b) When in doubt as to whether a matter or circumstance raises ethical concerns in the performance of the official business of the Commission, a commissioner should seek expert advice through the resources available to the administrative official (c) Commissioners shall disclose on the public record of the Commission any interest of his or hers, or of any immediate family member, that may tend to give the appearance of unethical conduct in the performance of official business, including not only interests and relationships with private parties but also interests in grants, contracts, leases, loans or other business dealings administered by the City of Seward. Disclosures should always include all information necessary for a correct evaluation of the matter. (d) Commissioners may not • use their official position to secure employment or contracts • use or disclose information acquired through the Commission if that use or disclosure could result in a financial or personal benefit to any person, including a commissioner or an immediate family member, unless the information has already been disseminated to the public • accept remuneration or gifts from anyone for the performance of their official duties • use their official position for their own personal or financial benefit or for partisan political purposes • take or withhold official action on a matter in which they have a personal or financial interest • attempt to influence an outcome for his or her personal or financial benefit. Or • aid any commissioner or city employee in violating this section RULE 27. OVERRIDING FAIRNESS IN FACT AND APPEARANCE. (a) Fair ---- is the touchstone of credible governance in American democracy. Therefore inquiries, deliberations and decisions by every commissioner in public service s' always be founded in City of Seward, Alaska 15 73/88 Planning and Zoning Commission Rules of Procedure • adequate preparation beforehand, • full compliance with applicable laws and rules, equality of opportunity for all citizens to be heard, • attentive and courteous listening to and weighing of all points of view, • impartiality deriving from an acknowledgement and a countering of personal prejudices, and • paramount consideration of the best interests of the community as a whole. (b) Commissioners in public service should always gauge their conduct on the side of caution to avoid any appearance of an unlawful conflict of interest, any appearance of favoritism, any appearance of participation in unlawful closed sessions, or any appearance of unlawful ex parte communications. RULE 28. OPEN AND PUBLIC DELIBERATIONS. Every meeting must be duly noticed and convened in public session. Every individual commissioner is charged with the ethical and legal responsibility to ensure full compliance with Rule 5 above, with heightened awareness and caution that, according to Alaska state law and the Seward Code of Ordinances, a "meeting" occurs whenever a matter that the Commission is empowered to act upon is considered or discussed by a majority of seated commissioners collectively or in a proximate series of conversations, face to face or through intermediaries, even in unplanned or casual social settings. RULE 29. PROHIBITED EX PARTE COMMUNICATIONS. (a) Whenever the administrative official issues a final decision in an appealable matter pertaining to permits, platting, zoning and land use regulation, or other governmental affairs within the jurisdiction of the Commission and affecting a targeted individual, small group or entity specifically, the administrative official shall forward that final decision to each commissioner. This will include a notification to each commissioner that the Commission immediately becomes a quasi-judicial body of impartial adjudicators obligated to render a fair, due -process review and decision in the event of an appeal of the matter by the aggrieved person or entity. (b) Due process in a quasi-judicial context includes the right of all parties to a fair hearing, which in turn includes • the right to reasonable notice of all hearings, • the right to be heard by every participating commissioner, City of Seward, Alaska 16 74/88 Planning and Zoning Commission Rules of Procedure • the right to question all witnesses giving testimony to every participating commissioner, • the right to examine all evidence considered by every participating commissioner, • the right to refute all statements and all evidence considered by every participating commissioner, and • the right to expect that all evidence and testimony considered by every participating commissioner will be introduced and secured in a record for further appeal. (c) For the reasons stated in subsection (b) above, all commissioners are strictly Prohibited from engaging in any ex parte communications or ex parte review of evidence pertaining to any matter of potential or actual appeal during the full potentiality or pendency of the appeal. A communique is ex parte when a commissioner receives evidence or hears testimony outside of a duly noticed public hearing, or, without the knowledge and participation of all commissioners and all parties to the appeal. • This period of prohibition begins at the time of issuance of the final decision by the administrative official. • This period of prohibition ends when the full time allowed for an appeal at any level has ended and no appeal was filed, or, when all levels of appeal through the board of equalization and the appellate courts have been exhausted finally. RULE 30. OPEN RECORDS AND LOCATION OF RECORDS. (a) All records relating to the general government affairs of the city, including all records pertaining to the official business of the Commission, shall be public records unless otherwise provided by Iaw. They shall be kept in city offices, and open to inspection and copying by the public at reasonable times. [Charter of the City of Seward, § 1.6; SC §§2.05.010 and .015] (b) Minutes of proceedings, showing the vote of each commissioner upon each question, and other records of all official actions of the Commission shall be filed in the office of the city clerk. [SCC §2.30.220(c)] (c) Every commissioners shall, promptly upon receipt, deliver to the administrative official for safe keeping in city offices any item given to them pertaining to official business of the Commission, except when authorized by the administrative official in writing to retain custody at some other specified location for a specified period of time for official reasons or for purposes of safekeeping the records, all of which must be stated clearly in that written authorization. City of Seward, Alaska 17 75/88 Planning and Zoning Commission Rules of Procedure RULE 31. CONFLICT OF INTERESTS. (a) A commissioner may not participate in an official action in which that commissioner or his or her immediate family has a substantial financial interest. Participation includes not only voting but also engagement in any conversations, investigations, deliberations or discussions of any nature directly or indirectly with any other commissioner. To preserve the appearance of impartiality for the Commission, the conflicted commissioners should in most instances leave the hearing room during proceedings pertaining to the matter creating the conflict of interests. [AS 29.20.010(a)(4) and SCC §2.10.035(D)] (b) The immediate family of a commissioner includes his or her spouse or domestic partner and all dependent children. Child includes biological child, stepchild and adopted child. (c) The term "financial interest" includes any property, ownership, management, professional or private interest from which a commission member or his or her immediate family receives or expects to receive a financial benefit. (d) A financial interest is presumed to be substantial whenever the commissioner and his or her immediate family cumulatively control a financial interest • worth $5,000 or more in an investment that might proximately be affected, favorably or adversely, by the matter being considered by the Commission, or • worth less than $5,000 in an investment that night increase in value above $5,000 as a proximate result of a favorable or unfavorable decision on the matter being considered by the Commission, provided however that • the application of the Rule of Necessity may supercede the measures in subsections (i) and (ii) above, as provided in Rule 12(b). (e) Whenever a commissioner suspects that s/he may have a substantial financial interest that might be affected by a matter of official business before the Commission, s/he shall disclose to the full Commission all of the circumstances of that potential conflict. Applying the standards of subsections (a) through (d) above, the Chair shall decide whether the circumstances constitute a substantial financial conflict of interests. The determination of the Chair is binding on the disclosing commissioner, unless other commissioners move to sustain the ruling of the Chair, and a majority of those other commissioners votes against that motion, thereby overruling the Chair. SECTION V -- GENERAL ADMINISTRATION RULE 32. COMPENSATION AND REIMBURSEMENTS. (a) Commissioners are volunteers in service to their community. They receive no monetary compensation or City of Seward, Alaska is 76/88 Planning and Zoning Commission Rules of Procedure fringe benefits, but earn the honor and respect of the community for donating time and expertise to ensuring that the City of Seward is governed as an efficient, effective participatory democracy. (b) Certain travel and per diem expenses incurred by a commissioner in the performance of Commission training or business may be reimbursed uponn submittal of receipts and travel expense reports, but only if the City Council receives notice of the travel before any expenses are incurred, and • the administrative official signs approval to a commissioner's travel authorization form before any expenses are incurred. RULE 33. RECOGNITION UPON RETIREMENT. Commissioners who retire after two or more terms on the Commission will receive an engraved gold pan in recognition of their service to the City. Commissioners who retire from service on the Commission after one term will receive a plaque in recognition of their service. Commissioners who do not complete their fast term on the Commission receive a certificate of recognition. RULE 34. COMMISSION RELATIONS WITH CITY COUNCIL (a) The Commission is a statutory board appointed by the City Council. The Commission shall carry out all of the functions delegated to it by the City Council, including those duties and responsibilities set forth in Rule 2 above. (b) The administrative official shall provide to the City Council, through the City Cleric's Office, full Commission agenda packets and copies of all minutes of meetings of the Commission. (c) The Commission shall meet in a joint work session with the City Council in March of each year to discuss areas of mutual interest. RULE 35. FILLING COMMISSION VACANCIES The council may appoint any qualified person to fill a vacancy of any member of the Commission, but only for the unexpired term of the vacancy. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. [SCC §2.30.215(b); SCC §2.30.210(a)) City of Seward, Alaska 19 77188 78/88 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING THE DECEMBER 16, 2008 RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION WHEREAS, the current Planning and Zoning Rules of Procedure was approved by the Commission at the December 16, 2008 meeting; and WHEREAS, the Rules of Procedure was prepared by City staff and many of the provisions were taken from the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedure; and WHEREAS, the Commission approved Resolution 2011-15 requesting Council amend Seward City Code (SCC) 2.30.220(a) & (c) changing the Planning and Zoning meeting start and adjournment times by 30 minutes; and WHEREAS, January 23, 2012, City Council approved Ordinance 2012-001 amending the Seward City Code, changing the Planning and Zoning meeting start and adjournment times; and WHEREAS, these code amendments must be reflected in the Planning and Zoning Rules of Procedure; and WHEREAS, several corrections and updates to the Planning and Zoning Rules of Procedure have also been included. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1, Seward Planning and Zoning Rules of Procedure are here by amended as follows: (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) 20 79I88 80/88 Seward Planning and Zoning Commission Resolution 2012-06 Page 2 of 3 RULE 7. REGULAR MEETINGS. The Commission shall convene regular meetings at �38 � g 7.20 p.m, on the first Tuesday of each month. [SCC §2.30.220(a)] RULE S. SPECIAL MEETINGS. (b) The Commission authorizes the administrative official to call a duly noticed special meeting at I-M 7:00 p.m. on any third Tuesday of the month if... [the remainder of Rule 8 remains unchanged] RULE 9. WORK SESSIONS. (a) Work sessions convened for the purpose of inquiry and deliberation only. No formal agenda is necessary, and the chair may, in his or her discretion, relax Robert's Rules and other measures designed for conducting formal proceedings. The Commission may not take any action during a speeiei meeting noticed and convened as a work session. RULE 10. MEETING LOCATIONS. All reguinv meetings of the Commission mug shall strive to be held in the council chambers of the Seward City Hall at 410 Adams Street. Special Meetings, including work sessions, may be held in the council chambers, in the a,,,,ond floor eenferenee mom of the Seward City Bell or at any other location within the City if that other location is sufficient to accommodate a reasonable estimate of public attendance. RULE 11. ADJOURNMENT OF MEETINGS. (a) The Commission shall not adjourn any regular or special meeting prior to !1&0 10.30 p.m. unless all members of the general public present and wishing to testify have been afforded the allotted time for their presentations and comments. [SCC §2.30.221(c)] (b) The Commission shall adjourn all meetings no later than H.-00 10.30 p.m. The time for conclusion of business and adjournment is mandatory. [the reminder of Rule 11 remains unchanged] Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. THE CITY OF SE ARD Sandie Roach', C a 81188 82/88 Seward Planning and Zoning Commission Resolution 2012-06 Page 3 of 3 1 AYES: Ecklund, Butts, Morgan, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: J hann a Kinney, CMC ity Clerk (City Sea]) �1b.� QF•S �.g. .r *.' �4. 'Ft'G��4•'' .7 sc,�`':� SE `.. ry R 1a!' • 4� OF S 22 RAY161;1 84/88 6. Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 20I4-03 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING RULE 22 OF THE DECEMBER 16, 2008 RULES OF PROCEDURE FOR THE PLANNING AND ZONING COMMISSION WHEREAS, the current Planning and Zoning Rules of Procedure was approved by the Commission at the December 16, 2008 meeting; and WHEREAS, the Rules of Procedure was prepared by City staff and many of the provisions were taken from the Seward City Code, Seward City Charter, Alaska Statutes and City Council Rules of Procedure; and WHEREAS, on January 9, 2012, City Council approved Resolution 2012-002 amending City Council Rules of Procedure Rule 27, addressing the Council by the public, citizens' f comments and discussion, to reflect the time limit from two minutes to three minutes per person and the total time from not more than 30 minutes to not more than 36 minutes; and WHEREAS, these amendments should also be reflected in the Planning and Zoning Commission Rules of Procedure for consistency in procedure and process; and WHEREAS, these updates to the Planning and Zoning Rules of Procedure follow. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Seward Planning and Zoning Rules of Procedure are here by amended: as follows: (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) RULE 22. CITIZENS' COMMENTS AND PUBLIC HEARINGS. (b) • Following the "Roll Call" in the order of business of each regular and special meeting, r� any citizens of Seward may offer comments to the Commission for 2 3 minutes on any 23 85/88 RIVII-11-11 Seward Planning and Zoning Commission Resolution 2014-03 Page 2 of 2 agenda item not scheduled for public hearing at that meeting, provided however that this citizen -comment period on the agenda shall not continue more than 38 36 minutes in total time. The chair will invite citizens to comment in the order they appear on the sign-up sheet provided by the administrative official before the meeting, and the chair will invite citizens who did not sign the sheet only to the extent the total allotted time allows. Citizens shall address the Commission only from the speaker's lectern, and shall begin their presentations by reciting their name and stating if they reside inside or outside of the Seward City Limits. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of March 2014. AYES: Coulter, Edgar, Shaffer, Ecklund NOES: None ABSENT: Fleming, McClure ABSTAIN: None VACANT: One ATTEST: 11 I 1JIbiaanVainney,CMC Cerk ,0$11I1ilf'I. (City Seal) 6.•;t.� OF S471V � *"Walt/111k1• 24 THE CITY OF SEWARD " t�la_f 4 - 0 Ci tYc kiund, Vice Chair j J 87/88 88/88