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HomeMy WebLinkAbout04282008 City Council Packetci council Seward �' Agenda packet ,WWI spring has sprwir,: April 28, 2008 Beginning at 7: City Council Chambers The City of Seward, Alaska City Council Meeting April 28, 2008 7:30 p.m. Council Chambers Clark Corbridge Mayor Term Expires 2009 Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta Council Member Term Expires 2009 Tom Smith Council Member Term Expires 2009 Betsy Kellar Council Member Term Expires 2009 Jean Bardarson Council Member Term Expires 2008 Linda Amberg Council Member Term Expires 2008 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] 5. 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 council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Terry's Tires Bike Rodeo........................Pg 4 2. Super Saturday Clean-up Day...................Pg 6 3. Ten Years with the ASLC........................Pg 9 4. National Historic Preservation Month .......... Pg 10 B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Chamber of Commerce Report F. Seward Planning and Zoning Commission Report G. School Board Report H. Other Reports, Special Presentations 1. Presentation and Introduction of Ned Smith, Interim Director of the ASLC. 2. Presentation by the Friends of Jesse Lee Home. City of Seward, Alaska Council Agenda April 28, 2008 Page 1 7. PUBLIC HEARINGS A. Ordinances Requiring A Public Hearing 1. Ordinance 2008-006, A Resolution Of The Seward Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending The Seward City Council Amend The Development Requirements Of The Seward City Code Table 15.10.220., To Decrease Required Front Setbacks Within The Industrial Zoning District From 20 Feet To 10 Feet...............................................................................................Pg 11 2. Ordinance 2008-007, Amending Seward City Code Sections 2.10.030 and 2.10.031 To Start City Council Meetings At 7:00 p.m. And Set Adjournment No Later Than 10:30 p.m................................................................................................Pg 37 3. Ordinance 2008-008, Amending Seward City Code Title 2, Section 2.30.325, Powers and Duties Of The Port And Commerce Advisory Board.................................Pg 40 8. UNFINISHED BUSINESS A. Ordinances Postponed From The Previous Agenda 1. Non -Code Ordinance 2008-005, Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election To Exempt City Of Seward Municipal Elected And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes, (State Of Alaska Public Official Financial Disclosure Law) Relating To Disclosure Statements And Conflicts Of Interest, And Establishing Local Guidelines.......................................................................................Pg 50 B. Resolutions Postponed From The Previous Agenda 1. Resolution 2008-029 Authorizing The City Manager To Make Repairs To A 1999 F- 250 Service Truck, For An Amount Not-To-Exceed$20,000.00.......................Pg 63 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2008-009, Amending City Zoning Map By Rezoning Lots 27, 28 And 29, Block 17, Original Townsite Of Seward From Multi -Family Residential (R3) To Central Business District(CBD)......................................................................Pg 72 *2. Ordinance 2008-010, Amending The City Of Seward Code Section 12.05.011 International Building Code By Adopting The 2006 Edition Of The International Building Code (IBC), Including Revisions................................................Pg 82 *3. Ordinance 2008-011, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2006 Edition Of The International Fire Code (IFC), Including Revisions......................................................................................Pg 105 City of Seward, Alaska Council Agenda April 28, 2008 Page 2 *4. Ordinance 2008-012, Amending The City Of Seward Code, Chapter 12.05.021, Adopting The 2006 Edition Of The International Residential Code (IRC), Including Revisions...................................................................................Pg 110 *5. Ordinance 2008-013, Amending The City Of Seward Code, Chapter 12.05.031, Codes Of Technical Regulation, Adopting The 2006 Edition Of The International Mechanical Code (IMC), Including Revisions ........... ............. ............ ....Pg 137 *6. Ordinance 2008-014 Amending The City Of Seward Code, Chapter 12.05.035 National Electrical Code Adopted, Adopting The 2005 Edition Of The National Electrical Code(NEC).................................................................................Pg 147 B. Resolutions 1. Resolution 2008-033, Repealing Resolution 1995-007 And Adopting The Updated Seward Marine Industrial Center Development Plan .................................Pg 150 2. Resolution 2008-034, Authorizing The City Manager To Accept A $1 Million Dollar State Grant For The Immediate Stabilization Of The Jesse Lee Home And Administering A Phase II Structural Engineering Report For The Friends Of The Jesse Lee Home........................................................................................Pg 199 *3. Resolution 2008-035, Authorizing The City Manager To Pay Air Tek, Inc. $5,164.68 For Work Order Change To Complete Lift Station #1 Reconfiguration Project.......................................................................................Pg 204 4. Resolution 2008-036, Approve And Adopt The Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan ......................................................Pg 206 5. Resolution 2008-037, Authorizing The City Manager To Enter Into An Agreement With Worthington Ford For The Purchase Of A 2008 F-550 4x4 Service Truck, For An Amount Not-To-Exceed$56,502.00....................................... ..... .........Pg 286 C. Other New Business Items * 1. Approval Of The March 24, 2008 Regular City Council Meeting MinutesPg 291 2. Discussion of January, February, and March Financials ......................Pg 301 3. Discussion of Recent Railbelt Talks. (Dunham) 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Providence Seward Medical Center Financial report for March 2008............ Pg 322 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda April 28, 2008 Page 3 satety, Bike Rodeo each spring; and WHEREAS, through the support of our title sponsor Terry's Tires and Lube and through partnerships with key agencies: Providence Seward Medical Center, Seward Police Department, Seward Bike Shop, Boy Scouts of America, Stylin' Stitches and Alaska Safe Kids, this event includes professional support and the promise of cool bike prizes for the first 75 participants; and WHEREAS, kids can purchase a brand new, youth -size helmet for only $5 or an adult -size helmet for only $10; and WHEREAS, the following stations will be hosted for kids and their bikes: bike maintenance check, safety education; bike registration; helmet fitting; free bike safety prizes; Kid ID & fingerprinting and the favorite - the obstacle course; and WHEREAS, the Seward Police Department will again host their Open House to provide youth and adults an opportunity to meet and greet peace officers in an informal setting and enjoy a hot dog; and WHEREAS, we expect to serve over 100 kids and impact their safety habits in the future: and WHEREAS, throughout the summer, kids wearing helmets and riding safely may be "pulled 01 14 over" and given a safety prize to further encourage safe riding through the year. poll 01 NOW THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, Alaska do hereby proclaim Saturday, May 10, 2006 to be "Terry's Tires Bike Rodeo Day" in the City of Seward, 01 and urge all citizens to participate in the Police Department Open House and Bike Rodeo at City 01 Hall. We further urge all citizens to drive their bikes safely, according to the laws and wear a 14 helmet. All drivers are urged to watch for novice and experienced bikers and drive safely. Dated this 28th day of April, 2008 14 14 The City of Seward, Alaska Clark Corbridge, Mayor City of Seward, Alaska Agenda Statement Meeting Date: April 28, 2008 From: Karin Sturdy, Parks & Recreation Director Through: Phillip Oates, City Manager Agenda Item: Bike Rodeo Proclamation Bike Safety is an important topic as the weather warms. Both kids and adults excitedly hop aboard their previously snow -bound bikes and take to the streets and bike paths for fun and exercise. Each year Seward Parks & Recreation Department (SPRD) coordinates a Bike Rodeo to bring safety awareness to kids, especially. The Seward Police Department joined the team to assist in leading the safety talks, and offering an Open House of the Police Department. Terry's Tire and Lube became a partner and title sponsor a few years ago. Providence Seward Medical Center and Alaska Safe Kids is an important collaborative partner, as well. Working together with these professionals and many others, the Bike Rodeo is a fun, festive place for kids to buy a new helmet, meet a police officer, register their bike, learn the rules of the road, play in the obstacle course, get a pre -season bike check, climb through a police cruiser and share a hot dog with the police officers. Awesome bike safety prizes are awarded to the first 75 kids who register. All kids are encouraged to attend the Bike Rodeo and Police Open House Saturday, May 10 at 10 am. Volunteers are always needed to register kids, work the various booths, properly fit a new helmet and clean up. Call Parks & Rec to obtain more information, 224.4054. Sponsors 2008: Seward Parks & Recreation Department; Seward Police Department; Terry's Tires & Lube; Providence Seward Medical Center; Alaska Safe Kids; Stylin' Stitches; Boy Scouts of America and the Bike Shop. C Seward Parks & Recreation: Mountains of Recreation An Avalanche of Opportunities! PROCLAMATION WHEREAS, the City of Seward Parks and Recreation Department has traditionally organized a community wide, volunteer clean up day each spring through cooperation with the Kenai Peninsula Borough Solid Waste Division; and WHEREAS, through the partnerships of two key companies; Alaska Waste and Three Bears, the clean up activities have professional support and the promise of a hot dog picnic party for all volunteers; and WHEREAS, donations and prizes from most local businesses provide plenty of awards for a large number of categories to encourage a big turn out of volunteers of all ages; and WHEREAS, the City of Seward hosts an evening celebration to award prizes to groups, families, churches, clubs, service organizations and solo workers; and WHEREAS, this special event annually yields hundreds of bags and pounds of trash which would otherwise blow around and contribute to trash and health problems; and WHEREAS, this year the Alaska SeaLife Center is hosting a cook out to celebrate their ten year anniversary, and they have invited the town to celebrate with them. We have been invited to partner our Super Saturday awards celebration with their cookout at the ASLC plaza; and WHEREAS, the community of Seward takes great town pride in the annual spring clean up of our home. NOW THEREFORE, 1, Clark Corbridge, Mayor of the City of Seward, Alaska, do hereby proclaim Saturday, May 3, 2008 to be Super Saturday Clean Up Day in the City of Seward, and urge all citizens, organizations, agencies, churches and clubs to join together to pick up trash and clean up our streets, parks and the yards of neighborhoods. this 28th day of April, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 11 Agenda Statement Meeting Date: April 28, 2008 From: Karin Sturdy, Parks & Recreation Director Through: Phillip Oates, City Manager Agenda Item: Super Saturdav Clean Ut> Proclamation Seward Parks & Recreation Department (SPRD) coordinates a community -wide clean up held the first Saturday of every month. Business owners donate awesome prizes as friends and neighbors pick up trash around town. People can compete for the prizes to see which group, church, organization, classroom or solo picker can collect the most garbage. Alaska Waste is a committed, working partner. They will pick up the bags inside City limits and tabulate the results. Kenai Peninsula Borough Solid Waste supports our Super Saturday, too. Folks outside City limits are encouraged to participate, too! The Competition runs from Saturday, May 3 from 10 am to 4 pm. However, people who aren't interested in the competition can start early and finish late. On even -numbered years, SPRD coordinates a Garbage Amnesty Day. Again, in conjunction with the Kenai Peninsula Borough and Alaska Waste, people in City limits can do a larger -scale clean up of items to be hauled to the transfer site. Specific rules apply, and pre -registration is required. We will rely on the hard-working crew in Public Works to assist in Garbage Amnesty Day. Call the main Parks & Rec phone to obtain the rules and to pre -register, 224.4054. Usually, the generous folks at Three Bears Pumpkin sponsor a barbecue at night to thank everyone for getting dirty while cleaning up town. However, this year the Alaska SeaLife Center will be celebrating their 10 year anniversary on Saturday, May 3, as well. The ASLC has invited the community to their cookout. We've been invited to host our awards and thank you celebration at their plaza with the very few Sewardites who did not pick up trash that day. Thanks in advance to all those who will commit to picking litter, to our sponsors and partners, to those who donate prizes and to the Alaska SeaLife Center for the party! Seward Parks & Recreation: Mountains of Recreation An Avalanche of Opportunities! Super Saturday Clean Up May 3, 2008 Clean Up Guidelines Guidelines: 1. Wear gloves. 2. Watch for traffic. 3. Tie bags securely. Leave bags next to the street, not in the alley. 4. Sort aluminum cans into separate bag for recycling. 5. Watch out for broken glass or other dangerous items. 6. When you fill all your bags, please go back to Sports & Rec gym for more bags! Thanks for cleaning our Seward! Other Information: The Competition runs from 10 am to 4 pm, but non -competitors can pick up early and later. Alaska Waste will pick up bags left on the Seward Highway from Mile 7 in to Seward. Bags outside City limits, up to Mile 7, must be brought to the Seward Highway roadside. Lowell Point area bags must be brought to the waterfall. Yard debris, leaves, etc... will be picked up, if tied within yellow ALPAR bags. However, these bags will not count toward contest. Only trash picked up from the ground and trees, etc... will be counted. No dumpster diving, please. Cheaters never prosper! Thanks to our great sponsors: Seward area businesses Alaska Waste Three Bears Seward Parks & Recreation 8 PROCLAMATION WHEREAS, the Alaska SeaLife Center first opened its doors on April 29, 1998; and WHEREAS, since that time, the facility has dedicated itself to understanding and maintaining the integrity of the marine ecosystem of Alaska through research, rehabilitation and public education; and WHEREAS, the Alaska SeaLife Center has provided a valuable service to science, education, Alaska's marine ecosystem, the community, and visitor's from all over the world; and WHEREAS, to help celebrate this milestone, the Alaska SeaLife Center is offering free admission to Alaskan residents on the 101h day of every month for 2008; and WHEREAS, on May 3, 2008, the SeaLife Center will host a 10`h Anniversary Celebration Block Party; and WHEREAS, this all day event will include activities for all ages, including live music, dancing, prizes and food and is guaranteed to be a festive occasion; and WHEREAS, the City of Seward proudly congratulates the Alaska SeaLife Center on this exciting achievement and wish them continued success for many more anniversaries; and WHEREAS, the Alaska SeaLife Center is a proud component to our community and in its 10 years of existence has come to be known as an important landmark of Seward. NOW THEREFORE I Clark Corbridge, Mayor of Seward, congratulate the Alaska SeaLife Center on its 10`h anniversary and encourage the community to attend the SeaLife Center's Celebration on May 3, 2008. Dated this 28`h day of April, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Alaska SeaLife Center - tea I n d r) tv ,s I a I b e a 0 41, 0 PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "This Place Matters" is the Theme for National Preservation Month 2008, cosponsored by the State of Alaska, Alaska Association for Historic Preservation and the National Trust for Historic Preservation; and WHEREAS, "Alaska, 50-years of Statehood" is Seward's theme for Historic Preservation Month 2008; and WHEREAS, the citizens of Seward realize the significance of historic preservation in the community. NOW THEREFORE, 1, Clark Corbridge, Mayor of the City of Seward, Alaska, do hereby proclaim May 2008 as HISTORIC PRESER VATION MONTH and call upon the people of Seward to join their fellow citizens across the United States in recognizing this special observance. Dated this 28'' day of April 2008 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor y �� CITY OF SEWARD, ALASKA ORDINANCE 2008-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TABLE 15.10.220. DEVELOPMENT REQUIREMENTS, TO DECREASE THE FRONT SETBACKS IN THE INDUSTRIAL ZONING DISTRICT FROM 20 FEET TO 10 FEET WHEREAS, various Industrial Zoning District property owners and lease holders have requested decreasing the setbacks in the Industrial Zoning District; and WHEREAS, following newspaper publication for two weeks, written notice mailed to affected property owners and displayed in at least three public places, the Planning and Zoning Commission held a public hearing at its April 15, 2008 meeting and recommended City Council [approval] [rejection] of a proposed Zoning Code amendment; and WHEREAS, decreasing the front setback may continue to provide for the orderly development of the Industrial Zoning District; and WHEREAS, decreasing the front setback may still allow for fire department access and operations, utility easements, enforcement of snow -storage ordinances, parking requirements of ordinances and safeguarding vehicular damage with bollards in life -safety circumstances; and WHEREAS, the certified minutes and public records of the Planning and Zoning Commission proceedings have been provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: Table 15.10.220 Development Requirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): 11 CITY OF SEWARD, ALASKA ORDINANCE 2008-006 RR RI R2 R3 UR OR AC I HC CB I RM INS P Minimum Front Yazd 20 20 20 20 20 20 10 None None 28 20 20 20 Setback (ft.) (See Note 7, next page) 10 Minimum Side Yard Setback (ft.) (See 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20 Notes 4 and 7, next page) th 15 th 15 th 15 th 15 total* total* Minimum Side Yard 10 10 10 10 10 10 10 None None 20 10 10 20 Setback Adjacent to Street (ft.) (See Note 7, next page) Minimum Rear Yard Setback (ft.) (See 10 10 10 10 10 10 10 None, None 10 10 15 20 Notes 5 and 7, next 5 5 a and page) Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28th day of April, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor (City Seal) Council Agenda Statement Meeting Date: April 14, 2008 To: Phillip Oates, City Manager Xj From: Bob Hicks, Community Development Director Agenda Item: An Ordinance Amending SCC Table 15.10.220 to Reduce the Front Setback Requirement for Structures in the Industrial Zoning District From 20 feet to 10 feet BACKGROUND: SCC § 15.10.140 defines a "setback" as The required minimum distance from right of way of lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. SCC Table 15.10.220 presently provides that the "Minimum Front Yard Setback" in the Industrial Zoning District is 20 feet. The administration has initiated this request for an ordinance change at the request of a lessee in the Industrial Zoning District, after the Director of Community Development denied a request by that lessee to place a temporary membrane greenhouse/gardening structure within the 20-foot front setback for the summer season. That denial was founded in the above ordinance provisions. The present setback requirements were enacted on May 9, 1994 (Ordinance No. 94-10 Substitute). At that time, there were many pre-existing "structures" closer to the front right of way than 20 feet. They were grandfathered as non -conforming uses. In 2003-04, the Planning and Zoning Commission recommended to the City Council that the setback should be reduced from 20 feet to 10 feet. Ordinance 2004-01 failed by a vote of 4-3 by the City Council. The proposal and vote occurred during the litigation pertaining to the canopy overhang at Ace Hardware. SCC § 15.01.035(c) requires a public hearing and written recommendation process before the Planning and Zoning Commission for any amendment of zoning and land use regulations. The earliest that process could occur is April 15. In order to attempt to accommodate the requested use by the Seward citizen by the summer of 2008, the administration has initiated the first reading of this ordinance before the City Council to occur simultaneously with that public hearing/recommendation process before the Planning and Zoning Commission. Hence, before the second reading of the ordinance, it will be necessary for the Administration to submit a 13 supplemental Agenda Statement reporting the outcome of the Commission proceedings and possibly some additional input from the public JUSTIFICATION: There is a 20-foot front setback required in SCC Table 15.10.220 for all zoning districts labeled "principally residential." There is a 20-foot front setback required in SCC Table 15.10.220 for all zoning districts labeled "principally public." Among those zoning districts labeled "principally commercial," only "Office Residential" and "Industrial" zones must have that same 20-foot front setback. SCC Table 15.10.220 requires only a 10-foot front setback in an Auto -Commercial Zoning District. SCC Table 15.10.220 does not require any setback whatsoever in either the Central Business Zoning District or the Harbor - Commercial Zoning District. Proponents of this ordinance -change reducing the front setback in the Industrial Zoning District contend that 20 feet is excessive. An "Industrial" district is different from the various zoning districts labeled "principally residential" and labeled "principally public" in SCC Table 15.10.220. An "Industrial" district is more like the other zoning districts labeled "principally commercial" in that Table. The only other zoning district with a 20-foot front setback among those labeled "principally commercial" is Office Residential. There, the 20-foot front setback is more justifiable, because the use is partially residential. That however is not the case for an Industrial use area. One citizen has submitted a written statement in opposition to the ordinance, raising the following points for consideration: • A 20-foot front setback is reasonable size to allow for on -site parking, where some pickup trucks may be 18.5 feet long. Reducing the setback would put parking into the right of way, or into harm's way for snow removal and road maintenance. • With further limitations on space for snow storage, owners will have an additional incentive to simply push snow into the right of way or onto adjacent vacant lots. Allowing "structures" such as buildings, decks, stairways, proches, sheds and other attachments ten -feet closer reduces the space for snow disposal, parking, landscaping and emergency access. • Already today, there is a 30,000 gallon propane tank on Leirer Road without any protective bollards (only a chainlink fence easily penetrated by a vehicle out of control). Such a potentially dangerous explosive "structure" should not be allowed within 10 feet of the public right of way. • Even with the 20-foot setback, none of these lots has landscaping or green space. That possibility is worse if the setback is reduced to 10-feet. The Electric Department of the City expressed concern "with easements for utilities [and] placement of equipment impacting a utility's ability to work within an easement." The Electric Department notes that "industrial use may require large transformer installation which may require up to 20-feet typically in one corner of the lot." The Public Works Department was "adamantly opposed to a reduction in setbacks..." noting "The Public Works folks need the buffer — snow plowing, drainage structures (maintenance of such) fences, garbage cans etc." CONSISTENCY CHECKLIST: The 2020 Comprehensive Plan defines the Industrial District as Established as a district in which the principal use of land is business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distribution operations; which may create some nuisance and are [sic] neither properly associated nor compatible with residential land uses. Vol 11 at 26. Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, and City Council Rules of Procedures. FISCAL NOTE: This change has no fiscal impact for the City of Seward. Approved by Finance Department: NJ RECOMMENDATION: The Administration recommends approval of this ordinance for the following reasons. • No similar setback is required on the opposite side of Port Avenue, which is zoned Harbor Commercial, and which evidences far more traffic and pedestrian activity than most of the Industrial Zoning District. • For the most part, a 20-foot setbacks apply in residentially related districts only, and commercially related districts have 10-foot setbacks (or no setback requirement) in Seward. The Industrial District Zone is an anomaly as enacted today.. • Totally independent of the question of whether the front setback for structures is 10 feet or 20 feet, no owner can ever obtain a building permit from the City of Seward without first ensuring (1) adequate utility easements, (2) adequate parking spaces, (3) an adequate snow -storage plan, (4) life -safety requirements for explosive storage tanks, and (5) adequate fire access — all as required by the Seward City Code, building codes and fire codes. Stated conversely, a setback of 10 feet rather than 20 feet in an Industrial Zone does not mean, immediately and automatically, that an owner can build a structure to that limit of the property setback. All of the safeguards expressed as concerns by opponents are adequately addressed and preserved in other Seward ordinance and code requirements. (For example, SCC § 13.01.025 prohibits placing snow on private property of others, or on a public right of way.) In short, existing utility -easement requirements, parking requirements, snow -storage requirements, and fire -code compliance requirements continue to ensure adequate open space in the Industrial Zoning District, even after the front setback might be reduced from 20 feet to 10 feet. 15 J Council Supplemental Agenda Statement Meeting Date: April 28, 2008 To: Phillip Oates, City Manager ) Ko From: Bob Hicks, Community Development Director Agenda Item: An Ordinance Amending SCC Table 15.10.220 to Reduce the Front Setback Requirement for Structures in the Industrial Zoning District From 20 feet to 10 feet ADDITIONAL BACKGROUND: (1) On April 15, after the date of the original Council Agenda Statement in this matter, the Planning and Zoning Commission held its public hearing and offered its recommendations, as required by SCC §15.01.035(c). A copy of the draft (unapproved) minutes is attached here. Some commissioners were wary of dealing with this issue with an ordinance change, and other commissioners clearly supported it. One commissioner noted that his support was largely founded in the fact that this ordinance would bring a number of non -conforming structures into compliance with front set -back requirements in the Industrial Zoning District. As P & Z Resolution No. 2008-08 indicates, the Planning and Zoning Commission recommends that the ordinance change for front setbacks should not apply to the entire Industrial Zoning District, but only to an area from Leirer Road east to the Railroad right of way at the Coal Loading facility, and from Port Avenue north to the road to the Coal Loading facility. This includes all of Leirer Subdivision, and the small AVTEC subdivision contiguous to the northern tip of Leirer Subdivision. (2) In the earlier Agenda Statement, we reported that the Public Works Department opposed this ordinance change. After further discussions of alternative methods to achieve adequate snow storage, etc., the director of the Department of Public Works has authorized us to report that, while he understands that the City has the ability to enforce easements, snow -storage, drainage, etc. through other ordinances, the blanket requirement of a 20-foot setback provides a convenient administrative tool for accomplishing these other requirements in one simple statement/requirement. (3) In the Council Agenda Statement of Apri114, 2008, we reported summarily, In 2003-04, the Planning and Zoning Commission recommended to the City Council that the setback should be reduced from 20 feet to 10 feet. Ordinance 2004-01 failed by a vote of 4-3 by the City Council. The proposal and vote occurred during the litigation pertaining to the canopy overhang at Ace Hardware. Further research requires some elaboration of that statement. First, during that 2003-04 process of consideration, the proposal was to reduce all (front, side and rear) setbacks, not just the front setback. The City Planner wrote a P & Z Agenda Statement setting forth seven bulleted "benefits of decreasing the setbacks," and 12 bulleted "benefits of maintaining the current setbacks." The planner staff then recommended "that the Commission maintain the current setbacks in the Industrial Zoning District ...: ' A copy of that February 3, 2004 P&Z Agenda Statement is attached here for your information and review. Secondly, the Minutes of the Planning and Zoning Commission meeting that evening indicate that the city planner "noted that the City attorney had reviewed the Agenda Statement and the Resolution and had noted that the City had pending litigation on the subject and that change to the setbacks at the current time could give the appearance of preferential treatment." The motion to adopt Resolution 2004-06 passed by a vote of five to two, "recommending that the City Council amend the Seward City Code Table 15.10.220 ... to decrease setbacks in the Industrial Zoning District." The City Planner then wrote a Council Agenda Statement setting forth six (one less than P&Z received) bulleted "benefits of decreasing the setbacks," and 14 (two more than P&Z received) bulleted "benefits of maintaining the current setbacks." The planner staff then recommended "that the Council maintain the current setbacks in the Industrial Zoning District ...." A copy of that July 26, 2004 Council Agenda Statement is attached here for your information and review. When the proposed Ordinance 2004-01 was introduced that evening, the city attorney said that the "preferential treatment" language was not an opinion from the city attorney. The ordinance would apply throughout the entire industrial zoning district. By a 4-3 vote on August 9, 2004, the City Council adopted Ordinance 2004-01 decreasing all setbacks throughout the Industrial Zoning District. The new ordinance came up for reconsideration at the Council meeting of August 23, 2004, at the request of Council Member Margaret Anderson. It failed by a 4-3 vote. JUSTIFICATION: We adopt here the same "Justification" that was a part of the April 4, 2008 Council Agenda Statement. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. We adopt here the same "Consistency Checklist" that was a part of the April 4, 2008 Council Agenda Statement. Other: FISCAL NOTE: This change has no fiscal impact for the City [lof Seward. RECOMMENDATION: (1) The Administration recommends approval of this ordinance for the following reasons. • No similar setback is required on the opposite side of Port Avenue, which is zoned Harbor Commercial, and which evidences far more traffic and pedestrian activity than most of the Industrial Zoning District. • For the most part, a 20-foot setbacks apply in residentially related districts only, and commercially related districts have 10-foot setbacks (or no setback requirement) in Seward. The Industrial District Zone is an anomaly as enacted today. • Totally independent of the question of whether the front setback for structures is 10 feet or 20 feet, no owner can ever obtain a building permit from the City of Seward without first ensuring (1) adequate utility easements, (2) adequate parking spaces, (3) an adequate snow -storage plan, (4) life -safety requirements for explosive storage tanks, and (5) adequate fire access — all as required by the Seward City Code, building codes and fire codes. Stated conversely, a setback of 10 feet rather than 20 feet in an Industrial Zone does not mean, immediately and automatically, that an owner can build a structure to that limit of the property setback. All of the safeguards expressed as concerns by opponents are adequately addressed and preserved in other Seward ordinance and code requirements. (For example, SCC § 13.01.025 prohibits placing snow on private property of others, or on a public right of way.) In short, existing utility -easement requirements, parking requirements, snow -storage requirements, and fire -code compliance requirements continue to ensure adequate open space in the Industrial Zoning District, even after the front setback might be reduced from 20 feet to 10 feet. (2) The Administration would have no objection to limiting the application of this change in front setbacks to the area recommended by the Planning and Zoning Commission, however dividing requirements among regions in the same zoning district is not good planning policy in the long run. If the Council decides to limit the application of this front setback to the area directly north of Port Avenue, the staff will bring to the Planning and Zoning Commission further recommendations that (a) all setbacks should be reviewed during the rewrite of Title 15, and (b) if the area north of Port Avenue is truly different from other areas of the Industrial Zoning District, then Planning and Zoning possibly should consider the possibility of recommending that the Council create two distinguishable types of industrial districting. Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE SEWARD CITY CODE TABLE 15.10.220 TO DECREASE REQUIRED FRONT SETBACKS WITHIN THE INDUSTRIAL ZONING DISTRICT FROM 20 FEET TO 10 FEET WHEREAS, Seward City Code (SSC) §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 land use regulations, or changes zoning or land use boundaries, and WHEREAS, the administration has initiated a request for an ordinance amending SCC Table 15.10.220 to change the presently required 20-foot front setback to 10 feet, and WHEREAS, the Seward Planning and Zoning Commission has complied with the public notice process required by law, and the Seward Planning and Zoning Commission held the required public hearing on April 15, 2008, and WHEREAS, other than in Industrial Zoning Districts, the 20-foot front setback presently applies only in zoning districts "principally residential," zoning districts "principally public," and in the "Office Residential' zone, and WHEREAS, SCC Table 15.10.220 requires only a 10-foot front setback in an Auto - Commercial Zoning District, and WHEREAS, SCC Table 15.10.220 does not require any setback whatsoever in either the Central Business Zoning District or the Harbor -Commercial Zoning District, and WHEREAS, an "Industrial' district is different from the various zoning districts labeled "principally residential" and labeled "principally public" in SCC Table 15.10.220, and instead, an "Industrial' district is more like the other zoning districts labeled "principally commercial" in that Table, and WHEREAS, no similar setback is required on the opposite side of Port Avenue, which is zoned Harbor Commercial, and which evidences far more traffic and pedestrian activity than most of the Industrial Zoning District, and 1 :� WHEREAS, SCC ordinances and building code provisions ensure, independent of the setback requirement, that no owner can ever obtain a building permit from the City of Seward without first ensuring (1) adequate utility easements, (2) adequate parking spaces, (3) an adequate snow -storage plan, (4) life -safety requirements for explosive storage tanks, and (5) adequate fire access, and WHEREAS, changing the front setback from 20 feet to 10 feet in an Industrial Zoning District is consistent with the Seward City Code, the Charter, the Comprehensive Plans, the Land Use Plans, the Strategic Plan, and City Council Rules of Procedures as applied to the Planning and Zoning Commission: THEREFORE BE IT RESOLVED, that the Seward Planning and Zoning Commission recommends to the Seward City Council adoption of an ordinance reducing from 20 feet to 10 feet the front setback in that portion of the Industrial Zoning District known as Leirer Industrial Subdivision, filed of record in the Seward Recording District as Plat No. 2002-19, and Alaska Skill Center, Tract C-1, filed of record in the Seward Recording District as Plat No. 75-1, Recorded 3-27-1975. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15t' day of April 2008. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: Anderson, Heinrich, Keil, McClure, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Two ATTEST: Jean Lewis, CMC City Clerk (City Seal) City of Seward, Alaska Planning Commission Minutes April IS, 2008 Volume 6, Page 2 41 The Commission recessed at 8:15 p.m. The Commission reconvened at 8:21 p.m. RESOLUTION 2008-08 Recommending the Seward City Council Amend the Development Requirements of the Seward City Code Table 15.10.220., To Decrease Required Front Setbacks Within the Industrial Zoning District From 20 Feet to 10 Feet Hicks stated this Resolution began with a request to put a greenhouse up at Ace Hardware within 10 feet of the road way and according to the law this structure was not allowed. Hicks stated Ace Hardware chose to attempt an ordinance change and the City submitted the information to City Council and Planning and Zoning simultaneously. He explained the zoning district setbacks and discussed the opposition to this change and department concerns. He stated administration supported Resolution 2008-08. In response to Keil, Hicks stated this change only dealt with the front setback. In response to Roach', Hicks stated the electric department was concerned with utility easements. Heinrich asked if a variance was available for a setback in order to look at issues at a case by case basis. He continued to ask if there was a better approach than just changing the ordinance and if permanent structures could be considered. Hicks summarized that Heinrich was suggesting permanent structures being prohibited and to allow the Commission to relax some of the requirements per instances and criteria. He reiterated that in 2004 P & Z had approved the setback change and City Council had voted against it. Notice of public hearing being posted and published as required by law was noted and the public bearing was opened. Carol Griswold, inside City limits, provided a PowerPoint presentation on the setbacks in the Industrial zone. She reviewed the purposes of setbacks, what was required in the industrial zone and reviewed the zoning and land use maps. Griswold showed photos of the industrial area and discussed enforcement issues and other areas of concern. Jerry Waliezer, outside City limits, commented on how he was affected as a businessman in Seward's industrial area. He stated he owned the land and some of the buildings were built before compliance was an issue. He mentioned if he had better utilization of his property it would lower costs and provide some flexibility. He continued he was concerned with the customers, parking, aesthetics, safety and providing goods and services the City of Seward needed to have a healthy economy. City of Seward, Alaska Planning Commission Minutes April 15, 2008 Volume 6, Page 2 4 2 DJ Whitman, outside City limits, thanked Griswold for her display and provided an outline of the Leirer subdivision development, compared the harbor commercial and industrial zones, stated the area was irregularly shaped and how the property and businesses were affected by setbacks. He clarified that he was not concerned about the greenhouse but was concerned about the development and asked the Commission to thoroughly consider the issue. Tom Tougas, inside City limits, explained that he had submitted plans for a canopy but was denied due to the 20 foot setback issue. He spoke in favor of the 10 foot setback in order to do repairs that need to be completed. Kevin Clark, inside City limits, spoke in favor of the Ordinance change and provided background information on the setback issue. No one else requested to be heard and the public hearing was closed. Motion (Anderson/McClure) Approve Resolution 2008-08 Heinrich disclosed that Mr. Whitman was his boss and asked if this was a conflict of interest. Keil ruled that Heinrich did not have a conflict of interest. Heinrich mentioned his concerns with changing the setbacks and noted that the findings seemed to lack information on what was being fixed. Anderson spoke in favor of the setback change and stated other issues, problems and violations needed to be considered. Keil supported the setback change and would ask the City to look into enforcement issues. Roach' spoke in opposition to the setback change. She compared the harbor commercial and industrial setback requirements and stated there were problems with the code. She stated she was pro -development, discussed the pictures in Griswold's presentation and reiterated that this would not only change the Leirer subdivision but the whole industrial area. Heinrich asked if this would be addressed in the Title 15 rewrite and said there were not enough findings to justify this change in the Ordinance. He reiterated the proper place to do this would be during the Title 15 rewrite. Anderson asked if it would be appropriate to identify a particular area for the setback reduction rather than the whole industrial area. City of Seward, Alaska Planning Commission Minutes April 15, 2008 Volume 6, Page 2 4 3 Hicks replied that it would be possible to amend the resolution to designate a sub- district within industrial zoning for purposes of the Commissions recommendation to Council. Motion (Anderson/Heinrich) Roach' asked if we could have a boundary. McClure asked if there was an official Council to consider reducing the front setback from 20 to 10 feet only in the Industrial Zoning District north of Port Avenue, Leirer Road east to the railroad Coal Loading Facility and north to the Leirer Road Seward Highway intersection of the Leirer subdivision. Hicks stated if the Commission passed their ireacp'nmeon tonight he would have to look at map. Anderson commented she would like the AVTEC prover `i tcluded too. The Commission discussed the boundary they would like inctuded in the industrial setback change. Roach' asked abott signiintly changing the Resolution title and if that was within P & Ts boundary since it-*... of publi lly notified with that definition. Hicks replied that the C�, 99i"dif d„ dify the title. Keil stated that she still sued ten foot setbacks in all industrial areas. Heinrich wished there was monformation to support this change. Anderson made a point of order and described the industrial area to have the ten foot applicable setback as the area north of Port Avenue; east to the railroad tracks and north of the street off of the highway. She stated she would like a legal description and this would encompass the inconsistencies and cover the areas discussed before. The Commission discussed this industrial area and what would be affected by the amendment. Motion Passed Unanimous McClure stated the amendment addressed some of the concerns and was a useful modification. City of Seward, Alaska Planning Commission Minutes April 15, 2008 Volume 6, Page 2 4 4 Heinrich apologized for being cautious and wanted to add bringing non -conforming structures into compliance to the findings. Main Motioned Passed As Amended Unanimous 24 Council Agenda Statement Meeting Date: July 26, 2004 Through: Phil Shealy, City Manager From: Malcolm G. Brown, Planner Agenda Item: Decreasing the Setbacks in the Industrial Zoning District BACKGROUND & JUSTIFICATION: At the February 3`1 meeting of the Planning and Zoning Commission, a public hearing was held on decreasing the setbacks in the Industrial Zoning District. These areas include SMIC, the head of Resurrection Bay, Metco and Resurrection Bay Seafoods. A resolution recommending that Council amend the setbacks was passed. At the October 8th' November 5`"° December 2"a and January 6 h meetings, comments were made on development requirements in the Industrial Zoning District by business owners/operators. Information received from Steve Leirer, landowner for the properties in Leirer Industrial Subdivision, was presented at the meetings and work sessions. The focus was on setbacks and nonconforming structures. The development requirements were also reviewed at work sessions held on October 21 ", November 18a' and January 20th. The current reasons listed in the City Code for setbacks are: SCC 15.10.220, Development requirements. (c) Setbacks — Yards. (1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures (page 15- 30). The current setbacks for the Industrial Zoning District in the Seward City Code Table 15.10.220 Development Requirements (page 15-62) are: Front — twenty (20) feet Side — ten (10) feet, (See Notes 4 and 7) Side adjacent to street - twenty (20) feet, (See Note 7) Rear - ten (10) feet, (See Notes 5 and 7) Notes from SCC (page 15-63) Note 4. From Seward Highway/Phoenix Road intersection — south, a 5 foot setback each side; north, a minunum 5-foot setback each side as part of a combined 15-foot setback total between both sides. Note 5. (pertains only to the Harbor Commercial District) Note 7. In the Industrial Zoning District, no minimum lot size, width or setbacks are required for unmanned electronic sites. The recommended amendments in the ordinance which the Planning and Zoning Commission wishes to be considered by Council are: Table 15.10.220 Development Requirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): RR RI R2 R3 UR OR AC HC CB I RM INS P Minimum Front 20 20 20 20 20 20 10 None None 20 20 20 20 Yard Setback (ft.) 10 (See Note 7, next — page) Minimum Side 10 5 or 5 5 or 5 10 5 5 5 5 None .10 10 10 20 Yard Setback (ft.) (See Notes 4 and min, min. 5 7, next page) with with is 15 total* total* Minimum Side t0 10 10 10 10 10 10 None None 20 10 10 20 Yard Setback 10 Adjacent to Street — (ft.) (See Note 7, next page) Minimum Rear 10 10 10 10 10 10 10 None, None 10 10 15 20 Yard Setback (ft.) 5 and (See Notes 5 and to* 7, next page) Following is a comparison of benefits associated with decreasing the setbacks and benefits associated with maintaining the current setbacks: The benefits of decreasing the setbacks: • Smaller setbacks will allow for more utilization of the land by the Industrial users. The Industrial land is valuable land and some users would like to have the option to have their structures be able to expand into the land currently used for setback purposes. • Having smaller setbacks will make the Industrial district more similar to other districts with commercial uses, such as the Harbor Commercial, Auto Commercial and the Central Business District. Some Industrial property owners/users feel that they are burdened with larger setbacks than the other districts. • Larger structures could be built, thereby increasing the returns on property taxes. This is because the Industrial District allows for 100% lot coverage, except for the land required for setbacks and parking requirements. • Some owners of nonconforming structures would have fewer concerns in the event of rebuilding because their structures would no longer be in a nonconforming status. If existing nonconforming structures are lost or damaged to the extent specified in SCC 15.10.315, Nonconforming Lots, Structures and Uses, F.2., "should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an extent of more than fifty percent of its replacement cost at time of destruction, as determined by the City Manager or his designee, it shall not be reconstructed except in conformity with the provisions of this chapter." This means that they may have a different footprint to comply with the current setbacks. • Some communities have smaller setbacks for Industrial uses than Seward. Industrial users in Seward are concerned that the other communities will have a competitive advantage, or will be perceived to be more supportive of Industrial uses and will be more efficient at attracting new businesses. • Having a minimum setback of ten (10) feet would allow space for onsite laddering operations by the Fire Department on the front yards and the side yards adjacent to a street. Laddering requires a minimum of four to one horizontal separation, i.e. a thirty four (34) foot high roof would require a setback of eight and a half (8 ''/2) feet. Additional space is still needed at the base of the ladder to maneuver stage equipment and conduct other aspects of the operation. Sufficient room for laddering must also consider that eaves are allowed to extend two (2) feet into the setbacks. The benefits of maintaining the current setbacks: • Industrial Zoning District uses differ significantly from other commercial land uses, therefore comparisons with other areas such as the Harbor Commercial Zoning District or the Central Business District are not relevant. • Users of public rights -of -ways need separation from potentially noxious industrial uses, as the intent of the Industrial District is to provide areas for the most noxious uses. Adjacent property owners also need separation from the fumes and noises in order to most efficiently conduct operations on their property. • The City is involved in ongoing litigation with a property owner who has built in the setback. A variance was applied for but was denied. Perhaps further deliberation on setbacks in the Industrial District should be postponed until this issue has been resolved. • The current setbacks for sides to a street and front yards provide options for future expansion of rights -of -ways. As some of the streets are only fifty feet wide, the minimum required by the City Code, it is possible that there will need to be widening at some point in the future, due to the nature of traffic in the Industrial Zone. Widening of rights -of -ways will become extremely difficult if structures are allowed to be expanded into the current setbacks. • Maintaining visual separations between structures and rights -of -ways helps to sustain the aesthetics of the community. Although visual aesthetics are difficult to quantify, and quantifiable measurements are needed for a subjective evaluation, they are nevertheless a very real aspect of the overall attractiveness of the community. While it is not realistic to expect the Industrial District to be as attractive as other districts, steps should be taken to ensure that it doesn't become more unattractive. • Fire fighting requires maneuver area on the ground to conduct operations, and it is realistic to require property owners to provide adequate space on their land to conduct operations. This is particularly important in the Industrial District because the maximum lot coverage is 100%, excluding setbacks and parking requirements. Even with firewalls, buildings will need to be laddered to attack fires from the roof and to create ventilation channels for flames and fumes and to evacuate people and personal property. The Building Code allows for buildings to be on zero lot lines with the appropriate firewalls, and also has separation distances between buildings depending on the type of use, construction and design. However, if a fence is placed on the lot line, that may cause inadequate space for laddering. • Current setbacks allow space for snow storage onsite. With smaller setbacks and the 100% lot coverage (excluding setbacks), it is likely that more snow will be pushed into the right-of-way, as is commonly done by the businesses in the Harbor Commercial District. The public should not be burdened with this additional expense. Additionally, snow on roofs should not shed onto adjacent properties or rights -of -ways, as required by SCC 15.10.220.C.5., "All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property." • Maintaining adequate side and rear yard setbacks is needed to ensure that enough sunlight is available for adjacent properties, as per SCC 15.10.220.C.I., "Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures." Causing adjacent properties to have any additional amount of ice and snow does not promote orderly development. • Adequate space needs to be allowed for public utilities and the future expansion of utilities. An example is provided by the horizontal separation needed for underground electric lines, phone and cable, which also carry voltage and the potential underground natural gas lines which are currently being sought. If natural gas lines are installed, both utilities would benefit from the safety and cost effectiveness of conducting operations which would be provided by locating on opposite sides of the streets. When they are co -located on the same side of the street, the potential for damaging an adjacent line when excavating is much higher. The life -safety issues which can occur when the electric lines ignite the natural gas lines if damaged during excavation are also a major concern. • If minimal or no front yard setbacks are allowed, the utilities which protrude, such as fire hydrants, street lights, power poles and transformers for underground power, will have to be placed in the easements or rights -of -ways. Although this is frequently where they are placed, the consideration for flexibility needs to be made for situations where placement in the right-of-way is not practical. This has the potential to interfere with drainage ditches, can cause accelerated erosion for sidewalks due to seepage and different rates of expansion and contraction for the dissimilar material which would protrude through the sidewalk. • The current setbacks can not have structures in them, but the setbacks can be used for storage and can support other operations for the users, therefore it is misleading to say that the land used for setbacks has no value to the Industrial District. • The line -of -sight triangle for corner lots should be considered and decreasing setbacks may cause public safety concerns. • Maintaining the current setbacks prevents structures from being damaged by subsidence when the adjacent rights -of -ways are worked on and have trenches for underground utilities or drainage ditches emplaced. This could happen with zero - lot line or a similarly minimal type of setback. Relevant portions of the Seward City Code have been included below for reference, no changes are recommended for them: SCC 15.05.025, Land Use Districts -Established, definitions. (10) Industrial district (I). Established as a district in which the principal use of land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts (page 15-8.2). SCC 15.10.140, Definitions. Non -conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located (page 15-20). Non -conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located (page 15-20). Setback The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet (page 15-22). SCC 15.10.230 Special setbacks — CB and I (industrial) districts. (b) Industrial district. Where Industrial (I) districts abut residential districts, a minimum setback of ten feet shall be required. Staff note: there are no instances where Industrial districts abut residential districts. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1990) _ X The Comprehensive Plan promotes the need to continue to provide adequate land area for industrial development (page 30). This statement does not address setbacks. 2. Strategic Plan (1999) _ _ X The Strategic Plan does not specify land use actions at this level of detail. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Development Requirements. Approved by Finance Department_ RECOMMENDATION: Staff recommends that the Council maintain the current setbacks in the Industrial Zoning District by not approving Ordinance 2004 an Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Table 15.10.220. Development Requirements, to decrease the setbacks in the Industrial Zoning District. P&Z Agenda Statement Meeting Date: February 3, 2004 Through: Phil Shealy, City Manager From: Malcolm G. Brown, Planner Agenda Item: Decreasing the Setbacks in the Industrial Zoning District BACKGROUND & JUSTIFICATION: At the October 8'h, November 5d'• December 2°d and January 6U' meeting of the Planning and Zoning Commission, comments were made on development requirements in the Industrial Zoning District by business ownerstoperators. Information received from Steve Leirer, leaseholder for the properties in Leirer Industrial Subdivision, was presented. The focus was on setbacks and nonconforming structures. The development requirements were also reviewed at work sessions held on October 21 ", November 18t6 and January 20th. The current reasons listed in the City Code for setbacks are: SCC 15.10.220, Development requirements. (c) Setbacks — Yards. (1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures (page 15- 30). The current setbacks in the Seward City Code Table 15.10.220 Development Requirements (page 15-62) are: Front — twenty (20) feet Side — ten (10) feet, (See Notes 4 and 7) Side adjacent to street - twenty (20) feet, (See Note 7) Rear - ten (10) feet, (See Notes 5 and 7) Notes from SCC (page 15-63) Note 4. From Seward Highway/Phoenix Road intersection — south, a 5 foot setback each side; north, a minimum 5-foot setback each side as part of a combined 15-foot setback total between both sides. Note 5. (pertains only to the Harbor Commercial District) Note 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. At the December 2"d meeting, staff was directed to present a sample ordinance with decreased setbacks, which was discussed at the January 6di meeting and the January 20'h work session at which statements supporting decreasing the setbacks were developed by Ji the commissioners. The amended setback distances being brought forth for Table 15.10.220 Development Requirements, are presented below in bold: Front - ten (10) feet Side - five (5) feet, (See Notes 4 and 'n Side adjacent to street - ten (10) feet, (See Note 'n Rear - five (5) feet, (See Notes 5 and 'n The recommended amendments in the ordinance to be sent to Council are: Table 15.10.220 Development Requirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): RR RI R2 R3 UR OR AC HC CB I RM INS P Minimum Front 20 20 20 20 20 20 10 None None 20 20 20 20 Yard Setback (ft.) 10 (See Note 7, next — page) Minimum Side 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20 Yard Setback (ft.) (See Notes 4 and min. min. 5 with With 7, next page) 15 15 total; total* Minimum Side 10 10 10 10 10 10 10 None None 20 10 10 20 Yard Setback 10 Adjacent to Street — (ft.) (See Note 7, neat page) Minimum Rear 10 10 10 10 to to 10 None, None 10 10 15 20 Yard Setback (ft.) 5 and (See Notes 5 and 10* 5 — 7, next page) There are positive aspects associated with decreasing the setbacks just as there are positives associated with maintaining the current setbacks. The benefits of decreasing the setbacks: • Smaller setbacks will allow for more utilization of the land by the Industrial users. The Industrial land is valuable land and the users would like to have the option to have their structures be able to expand into the land currently used for setback '7 J • Having smaller setbacks will make the Industrial district more similar to other districts with commercial uses, such as the Harbor Commercial, Auto Commercial and the Central Business District. Industrial property owners/users feel that they are burdened with larger setbacks than the other districts. • Larger structures could be built, thereby increasing the returns on property taxes. This is because the Industrial District allows for 100% lot coverage, except for the land used for setbacks and parking requirements. • Some owners of nonconforming structures would have fewer concerns with rebuilding because their structures would no longer be in a nonconforming status. If their structures were lost or damaged to the extent specified in SCC 15.10.315, Nonconforming Lots, Structures and Uses, F.2., "should a nonconforming nonresidential structure or nonconforming portion thereof be damaged by any means to an extent of more than fifty percent of its replacement cost at time of destruction, as determined by the City Manager or his designee, it shall not be reconstructed except in conformity with the provisions of this chapter". This means that they would have a different footprint which would comply with the current setbacks. • Some communities have smaller setbacks for Industrial uses than Seward. Industrial users in Seward are concerned that the other communities will have a competitive advantage, or will be perceived to be more supportive of Industrial uses and will be more efficient at attracting new businesses. • Industrial users have also been concerned that they had limited or no involvement with the public process when the development requirements for the current setbacks were added to the City Code. • Having a minimum setback of ten (10) feet would allow space for onsite laddering operations by the Fire Department on the front yards and the side yards adjacent to a street. Laddering requires a minimum of four to one, i.e. a thirty four (34) foot high roof would require a setback of eight and a half (8 ''h) feet. Additional space is still needed at the base of the ladder to maneuver, stage equipment and conduct other aspects of the operation. Another concern is that eaves are allowed to extend two (2) feet into the setbacks, this protrusion needs to be accounted for. The benefits of maintaining the current setbacks: • Changing an established portion of the Code often creates a ripple effect throughout other portions of the Code due to the many interrelating aspects of the Code. Although staff, commissioners and members of the public have put considerable effort into researching the interrelationships, a conservative approach to changes often provides the best results in the long run. 33 • Users of public rights -of -ways need separation from potentially noxious industrial uses, as the intent of the Industrial District is to provide areas for the most noxious uses. Adjacent property owners also need separation from the noxious fumes and noises. • The City is involved in ongoing litigation with a property owner who has built in the setback. A variance was applied for but was denied. Perhaps further deliberation on setbacks in the Industrial District should be postponed until this issue has been resolved in order to avoid the appearance of preferential treatment. • The current setbacks for sides to a street and front yards allow for future expansion of rights -of -ways. This type of an action will become extremely difficult if structures are allowed to be expanded into the current setbacks. • Maintaining visual separations between structures and rights -of -ways helps to sustain the aesthetics of the community. Although visual aesthetics are difficult to quantify, and quantifiable measurements are needed for a subjective evaluation, they are nevertheless a very real aspect of the overall attractiveness of the community. While it is not realistic to expect the Industrial District to be as attractive as other districts, steps should be taken to ensure that it doesn't become more unattractive. • Fire fighting requires maneuver area on the ground to conduct operations, and it is realistic to require property owners to provide adequate space on their land to conduct operations. This is particularly relevant of the Industrial District because the maximum lot coverage is 100%, excluding setbacks. Even with firewalls, buildings will need to be laddered to attack fires from the roof and to create ventilation channels for flames and fumes and to evacuate people and personal property. The Building Code allows for buildings to be on zero lot lines with the appropriate firewalls, and also has separation distances between buildings depending on the type of use, construction and design. However, if a fence is placed on the lot line, that may cause inadequate space for laddering. • Current setbacks allow space for snow storage onsite. With smaller setbacks and the 100•/0 lot coverage (excluding setbacks), it is likely that more snow will be pushed into the right-of-way, as is commonly done by the businesses in the Harbor Commercial District. The public should not be burdened with this additional expense. Additionally, snow on roofs should not shed onto adjacent properties or rights -of -ways, as required by SCC 15.10.220.C.5., "All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent lots, structures, fences, or other property." • Maintaining adequate side and rear yard setbacks is needed to ensure that enough sunlight is available for adjacent properties, as per SCC 15.10.220.C.1., "Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy, fire separation and visual relief between structures." Causing adjacent properties to have any additional amount of ice and snow does not promote orderly development. • Adequate space needs to be allowed for public utilities and the future expansion of utilities. If minimal or no front yard setbacks are allowed, the utilities which protrude, such as fire hydrants, street lights, power poles and transformers for underground power, will have to be placed in the rights -of -ways. Although this is frequently where they are placed, the consideration for flexibility needs to be made for situations where placement in the right-of-way is not practical. This has the potential to interfere with drainage ditches, can cause accelerated erosion for sidewalks due to seepage and different rates of expansion and contraction for the dissimilar material which would protrude through the sidewalk. • The current setbacks can not be used for structures, but they can be used for storage and can support other operations for the users, therefore it is incorrect to say that the land used for setbacks has no value to the Industrial District. • The current nonconforming structures which would need to be rebuilt when lost or severely damaged can be dealt with as a separate issue. This could be done by amending the Code to allow the structures to utilize their original footprint provided that the footprint does not encroach into a right-of-way, utility easement and adjacent properties. • Maintaining the current setbacks prevents structures from being damaged by subsidence when the adjacent rights -of -ways are worked on and have trenches for underground utilities or drainage ditches are emplaced. This could happen with zero -lot line or a similarly minimal type of setback. Relevant portions of the Seward City Code have been included below for reference: SCC 15.05.025, Land Use Districts -Established, definitions. (10) Industrial district (1). Established as a district in which the principal use of land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations, which may create some nuisance and which are not properly associated nor compatible with residential land uses. It is intended to provide environmental safeguards for people employed in or visiting the district. Some visual amenity is expected in this district to make it compatible with adjoining residential or business districts (page 15-8.2). SCC 15.10.140, Definitions. jJ Non -conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located (page 15-20). Non -conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located (page 15-20). Setback The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet (page 15-22). SCC 15.10.230 Special setbacks — Cl] and I (industrial) districts. (b) Industrial district Where Industrial (I) districts abut residential districts, a minimum setback of ten feet shall be required. Staff note: there are no instances where Industrial districts abut residential districts. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1990) _ _ X The Comprehensive Plan promotes the need to continue to provide adequate land area for industrial development (page 30). This statement does not give clear guidance on the setback needs of individual Industrial lots. Does it indicate that the current amount of Industrial land be sustained, more land should be rezoned to Industrial, greater setbacks are needed, or lesser setbacks are needed? 2. Strategic Plan (1999) _ _ X The Strategic Plan does not specify land use actions at this level of detail. RECOMMENDATION: Staff recommends that the Commission maintain the current setbacks in the Industrial Zoning District by not approving Resolution 2004-06, a Resolution of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending that the City Council amend the Seward City Code Table 15.10.220., Development Requirements, to decrease setbacks in the Industrial Zoning District. Sponsored by: Clerk Introduction Date: April 14, 2008 Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2008-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE SECTIONS 2.10.030 AND 2.10.031 TO START CITY COUNCIL MEETINGS AT 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. WHEREAS, at the March 24, 2008 regular city council meeting, council discussed and directed staff to bring forward for consideration an ordinance to change the meeting time requirements to begin 30 minutes earlier, so city council meetings shall begin at 7:00 p.m. and adjourn no later than 10:30 p.m.; and WHEREAS, sections 2.10.030 (a) (1), 2.10.031 (a), and 2.10.031 (c) of the Seward City Code need to be amended to reflect this change; and WHEREAS, in addition to amending the Seward City Code, the Seward City Council Rules of Procedure will need to be amended by resolution following the enactment of this ordinance to implement this request; and WHEREAS, upon enactment of this ordinance, section 2.10.031 (a) is amended to further clarify the meeting adjournment requirements of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Code Title 2 is hereby amended to read as follows: (stye eut = deletions; bold italics = additions) Chapter 2.10. City Council 2.10.030. Meetings. (A) Open meetings. All regular and special meetings of the city council shall be public meetings and the public shall have reasonable opportunity to be heard. (1) Regular meetings. Regular meetings of the city council shall be held in the council chambers in the Seward City Hall, or at such other place as may be determined by the city council upon consideration of the reasonable accommodation of the public. Regular city council meetings shal l be held on the second and fourth Mondays of each month at7:30 p.m. 7.00 p.m.; provided that any regular meeting may be canceled by the affirmative vote of at least four councilmembers. [The remainder of SCC 2.10.030 is unchanged.] 37 CITY OF SEWARD, ALASKA ORDINANCE 2008-007 2.10.031. Meetings --Time restrictions, uncompleted agenda. (A) The council shall take no official legislative or adjudicatory action or address any other item on the agenda after 11 AG p.m. 10:30p.m. and shall adjourn any regular or special meeting no later than 11=89-p.m. 10:30 p.m. The time for conclusion of legislative business and adjournment is mandatory. In the event that the legislative or adjudicatory business has not been completed by the time set herein, the council may adjourn the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (B) If the meeting is adjourned without making other provision for completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled council meeting under the agenda section for unfinished business. (C) The council shall not adjourn prior to 1100 fir. 10:30 p.m. unless all presentations and comments by members of the general public have been heard. Section 2: This ordinance shall take effect ten (10) days following its enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28`" day of April, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 38 Agenda Statement Meeting Date: April 14, 2008 To: Mayor Corbridge and City Council From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Ordinance 2008-007, Amending Title 2 if The Seward City Code To Begin City Council Meetings At 7:00 p.m. And Set Adjournment No Later Than 10:30 p.m. BACKGROUND & JUSTIFICATION: During the March 24, 2008 regular city council meeting, it was expressed by several city council members intent to have city council meetings start and end earlier by a half hour and staff was directed to prepare an ordinance to make this change. To execute this request, Title 2 of the Seward City Code must be amended by ordinance. While amending these sections of the code, the Clerk's Office is requesting council amend section 2.10.031 (a) to better clarify the City's adjournment rules. In the past there has been some debate that council cannot take action past the adjournment time, but still allow citizen and council comments when in fact the body must adjourn their meetings by the required time and is not permitted to address any other agenda item. Rule Two of the City Council Rules of Procedure will also need to be amended to reflect this time change following the enactment of this ordinance. INTENT: To begin and end City Council meetings earlier and to better clarify the adjournment requirements of the city code. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: none. Approved by Finance Department: )r/y RECOMMENDATION: Council introduce and enact Ordinance 2008-007, amending Title 2 of the Seward City Code to begin City Council meetings a half hour earlier, and adjourn a half hour earlier, so meetings shall begin at 7:00 p.m. and adjourn no later than 10:30 p.m. 0y Sponsored by: Oates Introduction: April 14, 2008 Public Hearing: April 28, 2008 Enactment: April 28, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 2, SECTION 2.30.325, POWERS AND DUTIES OF THE PORT AND COMMERCE ADVISORY BOARD WHEREAS, Title 2, Section 2.30 of the Seward City Code, designates the powers and duties of the City of Seward Boards and Commissions; and WHEREAS, the Code sections describing the Board's powers and duties has remained largely unchanged since adopted with the formation of the International Trade and Industrial Development Advisory Board in 1982, later becoming the Trade and Commerce Advisory Board in 1985, formation of the Port Development Advisory Commission in 1989, and the merger of the two resulting in the Port and Commerce Advisory Board in 1993; and WHEREAS, in recent years the tasks assigned to and taken on by the Board have been focused more on policy development throughout the economic spectrum and less on international trade, bulk commodities and other specifics as described in SCC 2.30.325a 2-4; and WHEREAS, in order to better serve the Council, administration and the public and to better reflect the Board's current role, the Port and Commerce Advisory Board request that the Council amend the powers and duties of the board; and WHEREAS, during their regular meeting on December 5, 2007, the Port and Commerce Advisory Board met and made suggested amendments to Seward City Code section 2.30.325, which defines the powers and duties of the board; and WHEREAS, the Board wishes to express their desire to formally broaden the scope of their role to encompass potential consideration of any arena of commerce and economic development as the Board has been tasked with in recent years; and WHEREAS, based on the recommendations of the Port and Commerce Advisory Board, the Seward City Council would like the following changes implemented to the City Code. 40 CITY OF SEWARD, ALASKA ORDINANCE 2008-008 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1: The Seward City Code Title 2, Administration; Article 3, Port and Commerce Advisory Board; Section 2.30.325, Powers and Duties; is amended by changing the following: (stFike out deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy and commerce throughout Seward, (3) Provide input to the city council on indas#y related to the movement of fish r-esetwees Find �001k- eo-m3wedities such Sewaf-d policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services owards the objectives outlined in SCC §§2.30.325 (2) and Z30.325 (3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. Section 2: This ordinance shall take effect 10 days following enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28t1i day of April, 2008. Ct Council Agenda Statement Meeting Date: April 14, 2008 To: Mayor, City Council Through: Phillip Oates, City Manager From: Bob Hicks, Community Development Director Agenda Item: Amending Seward City Code 2.30.325, roles and responsibilities of the Port and Commerce Advisory Board, as recommended by PACAB BACKGROUND & JUSTIFICATION: At the March 19, 2008 Seward Port and Commerce Advisory Board (PACAB) Meeting, the Board approved Resolution 2008-02, Recommending City Council Approval of Amending Seward City Code Title 2, Section 2.30.325, Powers and Duties of the Port and Commerce Advisory Board. At the December 5, 2007 PACAB meeting the Board Members discussed the past, current and future roles and responsibilities of the board. The board made suggested amendments on the section defining their powers and duties. The following changes were made: (strikeeiat= deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to promote and develop de tie and-intefHatienel transportation, trade, energy and commerce throughout Seward; (3) Provide input to the city council on eaal, grain, timber-, minor-als and other- r-esettrees fiem Alaska thfaugh ffie peA e Se,A,ffd policy and procedural matters involving the establishment and continuance of commercial activity, improving the 42 CITY OF SEWARD, ALASKA ORDINANCE 2008-008 quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services pat4aifting to the pei4 of eo.......a towards the objectives outlined in SCC §§2.30.325 (2) and 2.30.325 (3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. INTENT: To update language carried forward from the formation of the 1982 International Trade and Industrial Development Advisory Board and through the iterations that led to today's Board, and to better define the Port and Commerce Advisory Board's role to support consideration of overall commerce and economic development for the City of Seward, rather than limited to the specifics of the port of Seward. CONSISTENCY CHECKLIST: Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: None t Approved by Finance Departmen�kd RECOMMENDATION: Introduce and enact this Ordinance 2008-008, to amend Seward City Code 2.30,325, the powers and duties of the Seward Port and Commerce Advisory Board. 43 Sponsored by: Administration CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2008-02 RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING SEWARD CITY CODE TITLE 2, SECTION 2.30.325, POWERS AND DUTIES OF THE PORT AND COMMERCE ADVISORY BOARD WHEREAS, Title 2, Section 2.30 of the Seward City Code, designates the powers and duties of the City of Seward Boards and Commissions; and WHEREAS, the Code sections describing the Board's powers and duties has remained largely unchanged since adopted with the formation of the International Trade and Commerce Advisory Board in 1982, later becoming the Trade and Commerce Advisory Board in 1985, formation of the Port Development Advisory Commission in 1989. and the merger if the two resulting in the Port and Commerce Advisory Board in 1992; and WHEREAS, in order to better serve the Council, administration and the public and to better reflect the Board's current role, the Port and Commerce Advisory Board request that the Council amend the powers and duties of the board; and WHEREAS, during their regular meeting on December 5, 2007 the Port and Commerce Advisory Board met and made suggested amendments to Seward City Code section 2.30.325, which defines the powers and duties of the board. NOW, THEREFORE, BE IT RESOLVED by the Seward Port and Commerce Advisory Board that: Section 1: The Seward Port and Commerce Advisory Board supports the proposed amendments made to Seward City Code Title 2, Section 2.30.325 and recommends Ordinance 2008- be forwarded to City Council for approval. Section 2: The Seward City Code Title 2, Administration; Article 3, Port and Commerce Advisory Board; Section 2.30.325, Powers and Duties; proposed amendments are: ( tit = deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report 411 shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy and commerce throughout Seward; (3) Provide input to the city council on ** .s 11 ' the + bli � t � � 1. V;�ltlb �;;V VJGLiUlIJlIIlSG1I1-VP eaal, gfain, timber-, iffiiiier-als and other resources ftem Alaska dwough the peFt e Sever policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services per<aining to the port of Seward towards the objectives outlined in SCC §§2.30.325 (2) and 2.30,325 (3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board thisl9th day of March 2008. AYES: Butts, Long, Oliver, Schaefermeyer NOES: None ABSENT: Altermatt, Schuldt, Tougas ABSTAIN: None ATTEST: ./Jean Lewis, City Clerk (City Seal) THE CITY OF -SEW D ALASKA Ron Long, Chair' 4J Agenda Statement Meeting Date: March 19, 2008 To: Port and Commerce Advisory Board From: Community Development Director Bob Hicks Through: Executive Liaison Anne Bailey Agenda Item: Amending Seward City Code 2.30.325, based on recommendations by the Port and Commerce Advisory Board. BACKGROUND & JUSTIFICATION: The January 16, 2008 Port and Commerce Meeting was cancelled due to a lack of quorum and it was requested that the item be placed on the March agenda. Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2008-02 recommending City Council approval of the attached Ordinance 2008-XX, amending Seward City Code 2.30.325, the powers and duties of the Seward Port and Commerce Advisory Board. The Agenda Statement and Ordinance that will be forwarded to Council are also attached. During its regular meeting on December 5, 2007, the Seward Port and Commerce Advisory Board met to discuss the past, current and future roles and responsibilities of the board. At this meeting, the board made suggested amendments on the section defining their powers and duties. The changes made were as follows: (stti�= deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportatio, trade, and commerce throughout Seward; (3) Provide input to the city council on > > Seed policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services pefWaing 4e the pet4 of SewaFd4owards the objectives outlined in SCC §§2.30.325 (2) and 2.30.325 (3); (5) Perform other duties as requested by the city council. 4 F; (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. INTENT: To update language carried forward from the formation of the 1982 International Trade and Industrial Development Advisory Board and through the iterations that led to today's Board, and to better define the Port and Commerce Advisory Board's role to support consideration of overall commerce and economic development for the City of Seward, rather than limited to the specifics of the port of Seward. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: None Approved by Finance Department: ---4"ot:4 RECOMMENDATION: The Board approve Resolution 2008-02, recommending City Council approval of the attached Ordinance 2008-XX, Amending Seward City Code 2.30.325, the Powers and Duties of the Seward Port and Commerce Advisory Board. 47 City of Seward, Alaska Port and Commerce Advisory Board Minutes December 5, 2007 Volume 3, Page 512 The Board brainstormed on how to handle the project status list. The Board would make a final decision at another meeting. NEW BUSINESS - Discussion to Update #2-5 of Section 2.30.325 of the Seward City Code After a major discussion and general amendments to Seward City Code Section 2.30.325 the following was recommended: (n'w�at— deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to promote and develop r4enspeftakien and #ade links dwough the peft of Sewafd transportation, trade and commerce throughout Seward; (3) Provide input to the city council on matters ;,,,lying the establishment of grain, > miner-als and other. reseurees from Alaska thfough the pe]4 of Seward policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services towards the objectives outlined in SCC §§2.30.325 (2) and 2.30.325 (3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. These changes would return to PACAB for final recommendation to Council. Discussion of a Port and Commerce Board Member Participating in a Hiring Committee Long recommended Boar Member Schaefermeyer as the member to participate on the Hiring Committee. Butts suggested Paul Schuldt. 48 City of Seward, Alaska Port and Commerce Advisory Board Minutes March 19, 2008 volume 3, Page 525 By general consensus, the project status list would be added to the agenda when needed as an action item and the project status list and priority list would be two distinct items. The Board suggested meeting with Council to create the PACAB priority list. Butts clarified that suggested changes to the list should be presented to the Executive Liaison and the Liaison would place it on the agenda. New Business - Resolution 2008-02 Recommending City Council Approval of Amending Seward City Code Title 2, Section 2.30.325, Powers and Duties of the Port and Commerce Advisory Board Long reviewed Resolution 2008-02. Motion (Schaefermeyer/Butts) Approve Resolution 2008-02 Butts referred to the last Whereas of Resolution 2008-02 and stated it seemed City Council was suggesting the changes rather than PACAB. Motion (SchaefermeyerButts) Motion Passed Motion (Butts/Schaefermeyer) Delete "WHEREAS, based on the recommendations of the Port and Commerce Advisory Board, the Seward City Council would like the following changes implemented to the City Code." Unanimous Consent Add "energy" to Section 2: (a) (2) to read "Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy and commerce throughout Seward." Oliver stated energy issues seemed to fall into the responsibilities of the Board. Motion Passed Main Motion as Amended Unanimous Consent Unanimous Correspondence, Information Items and Reports (no action required)- SMIC Development Plan Summaries 49 Sponsored by: City Clerk Introduction Date: March 24, 2008 Public Hearing Date: April 14, 2008 Postponed: April 28, 2008 Enactment Date: April 28, 2008 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2008-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 7, 2008 REGULAR MUNICIPAL ELECTION TO EXEMPT CITY OF SEWARD MUNICIPAL ELECTED AND APPOINTED OFFICIALS FROM THE REQUIREMENTS OF CHAPTER 39.50 OF THE ALASKA STATUTES, (STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW) RELATING TO DISCLOSURE STATEMENTS AND CONFLICTS OF INTEREST, AND ESTABLISHING LOCAL GUIDELINES WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure and reporting of financial and business interests of public officials, which includes municipal elected and appointed officials; and WHEREAS, the new requirements have become too intrusive and unreasonable, which has created a hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, those statutory provisions are applicable to municipal officers unless a majority of the voters at a general election, approve an ordinance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the City Council believes in the public's right to know the financial and business interests of the persons who seek and hold public office; and WHEREAS, the City Council desires to establish adequate local provisions relating to disclosure of business and financial interests and conflicts of interest; and WHEREAS, local provisions can be enacted by ordinance to assure public access, accountability, and continue the public trust by requiring officials in their official acts to disclose private or business interests; and WHEREAS, this change will still protect the public from the influence of undisclosed private or business interests, permit public access to information necessary to judge the credentials and performance of those who seek and hold public office, while allowing certain rights of privacy for our citizens seeking to hold public office; and WHEREAS, the City council wishes this issue be placed on the ballot, in substantial form as shown below, for voter approval at the October 7, 2008 municipal election. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2008-005 Section 1. Municipal officers of the City of Seward, Alaska shall be exempt from AS 39.50, State of Alaska Public Official Financial Disclosure Law, if approved by the voters. Section 2. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified voters at the October 7, 2008 regular municipal election in substantially the following form: PROPOSITION NO.1 EXEMPTING MUNICIPAL OFFICIALS FROM THE REQUIREMENT OF THE STATE FINANCIAL DISCLOSURE LAWS, AND ESTABLISH OWN FORM AND GUIDELINES Shall the City of Seward exempt its municipal officers from the State Financial Disclosure Laws, (AS 39.50), and adopt a form of its own to reflect locally adopted guidelines related to financial disclosure and conflicts of interest? No A "YES" vote would exempt City of Seward elected and appointed officials from the requirements of chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law) relating to disclosure statements and conflicts of interest, and requires establishment of local guidelines. A "NO" vote would continue to require City of Seward elected and appointed officials follow Chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law), relating to disclosure statements and conflicts of interest. Section 3. Proposition 1 shall be published in the same manner as the notice of the October 7, 2008 municipal election. Section 4. Proposition 1 shall become effective upon its approval by a majority of the qualified voters at the October 7, 2008 municipal election, as provided in Section 14.7 of the Charter of the City of Seward. Section 5. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28`' day of April 2008. =J i Council Agenda Statement Meeting Date: March 24, 2008 To: Mayor Corbridge, City Council From: Jean Lewis, City Clerk Agenda Item: APOC Financial Di losure Form Ballot Proposition BACKGROUND & JUSTIFICATION: Since APOC financial disclosure form requirements were recently amended, the city has fielded numerous complaints from elected officials, board and commission members, and `would be' public candidates, that the new requirements are too intrusive, would be posted on the internet, contain too much vital information that promotes identity theft, and gives unfair- competitive advantages for candidates' businesses. A business owner informing potential clients that they have to disclose their personal information on the APOC financial disclosure forms, could discourage that client from doing business with that owner, just because they have volunteered to be on the city council or boards and commissions. The City of Seward has seen one resignation from the Seward Planning & Zoning Commission, with more threatening to follow. Two potential candidates have declined volunteering after seeing these forms. The new forms require a potential elected or appointed official to now list all funds received over $1000. Every member also must fill out "exit" applications. There has been talk this infonnation will be posted on the internet in 2009. These new requirements have created a hardship for our town to appoint good qualified volunteers for our council and boards and commissions. AS 39.50.145 states; "A municipality may exempt its municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800(20), or a special municipality -wide election, vote to exempt its municipal officers from the requirements of this chapter. The question of exemption from the requirements of this chapter may be submitted by the city council or borough assembly by ordinance or by initiative election" The Alaska Municipal League (AML) passed resolution 2008-15 on November 9, 2007, which asked the state legislature to address these amendments, based on the fact elected and appointed bodies were having difficulties finding pp o g candidates, and that the financial reporting requirements were compounding that problem .10-00 . Ina 3/12/08 phone conversation with Kathie Wasserman, Director of AML, she stated she had spoke with State Legislators, APOC board members and the Attorney General, but none of them were willing to relax these rules because of the current political atmosphere within the state. Wasserman was positive nothing would be done this legislative session, and urged people to contact their legislators about this problem. 52 Around half of Alaska's 200+ communities have already voted to be exempt from state disclosure requirements. This list is also In polling other city clerks recently, we have found; A per a Feb 19 council meeting, Delta is having an ordinance drafted to exempt them from the requirements because of the intrusiveness of the forms. Sitka is not pleased with the new requirements, and would be putting an exemption to the voters this fall. Both Wasilla and Ketchikan Gateway Borough clerks were not sure this would pass in their communities because of the recent climate of impropriety with Juneau lawmakers. ➢ Kodiak had opted out years ago (1976), and I have % a copy of their financial disclosure form that they require for public viewing. The city clerk in Juneau had contacted Brooke Miles with APOC on this very question, and below was the response back; To clarify the concern regarding the posting of municipal financial disclosure statements online, I believe that the legislation passed last year (HB 109 - and I'm looking it up as I type this) that only municipalities with a population of more than 5,000 will be required to file online. It will be the online filing that creates the database for online viewing. This section of the law takes effect January 1, 2009. As you are most likely aware, we do not have the technology for receiving electronically filed statements this year, but it will be ready in time for the 2009 annual statement and the 2009 October elections. I have heard concerns from many municipalities are considering placing on the October 8, 2008 election ballots the proposal to opt out of financial disclosure filing under AS 39.50 (which is permitted in accordance with AS 30.50.145) and enacting, by ordinance, their own financial disclosure requirements based on the state law before the HB 109 amendments. One of the issues that remains to be resolved is the matter of the records custodian. Under AS 39.50.020(b), municipal clerks are the custodian for the municipal filings (as you are well aware). I'm uncertain of how this relates to electronic filing. I intend to ask the department of law for guidance on this issue, and we shall do our diligent best to keep municipal clerks on top of these discussions. Although it has been rumored and spoke of above, of having these forms available on the internet, but only to city's with populations of 5000 or less, this could not be substantiated by press time. In your discussion, you may decide to opt out and put this on the ballot for October. If so, you may also decide what the city's requirements for disclosure should be to prevent conflicts of interest, to help assure the integrity of the decision -making process, and to assist holding our public officials accountable. If approved by the voters, a local disclosure form like Kodiak's could be instituted later to provide adequate safeguards for the public. Other places for information and research: www.apoc.alaska.,ov Find bills at BASIS www.Iegois.state.ak.us/basis'start.asp Comprehensive Ethics Act went into law July 9, 2007, FIB 109 Alaska Statutes (AS) 39.50 Legislative Financial Disclosure AS 24.60.200 Campaign Financial Disclosure AS 15.13 Lobbying Financial Disclosure AS 24.45 53 INTENT: To put this issue to voters in October so the City can continue to elect and appoint municipal officials, while still protecting the public from the influence of undisclosed private or business interests, but establish our own guidelines that are not as intrusive as the state requirements of AS 39.50. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Possibility of city funds expended by a later ordinance if the city decided to "lobby" for this change. Approved by Finance Department:-.U� RECOMMENDATION: Approve Non -Code Ordinance 2008-005, submitting a proposition to the qualified voters at the October 7, 2008 regular municipal election to exempt City of Seward elected and appointed officials from the requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for financial disclosure. ALASKA MUNICIPAL LEAGUE RESOLUTION #2008-15 A RESOLUTION URGING THE ALASKA STATE LEGISLATURE TO RECOGNIZE AMENDMENTS TO AS. 39.50 SO THAT DISCLOSURE REQUIREMENTS ARE APPROPRIATE FOR LOCAL ELECTED AND APPOINTED OFFICIALS WHEREAS, as AS. 39.50, governing Alaska Public Offices Commission (APOC) has been amended to include several new rules retroactive to the proceeding calendar year, that apply to elected and appointed municipal officials; and WHEREAS, municipalities and their respective elected and appointed officials did not have an opportunity to review and comment on the changes; and WHEREAS, APOC has not yet published any guidelines or a manual for candidates to adhere to the new regulations; and WHEREAS, new rules now require financial statements for public officials as they exit office and are retroactively instituted; and WHEREAS, the general public and many candidates for public office have not been clearly informed or made aware of these changes; and WHEREAS, it is well-known that local elected and appointed bodies, including planning boards and commissions are having difficulties finding candidates to serve and these new financial reporting requirements have compounded the situation; and WHEREAS, new regulations state that completed APOC Public Official Financial Disclosure Statements shall be published on the internet and will include publication of total amounts of income naming each source and identification of the names of minor children. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the State Legislature to recognize amendments to AS. 39.50 so that disclosure requirements are appropriate for local elected and appointed officials. PASSED AND APPROVED by the Alaska Municipal League on the 9th day of November, 2007. Signed: Tim Beck, President, Alaska Municipal League Attest: ��c�y `�G��LJe'c�clCts� Kathi'O%Wasserman, Executive Director, Alaska Municipal League rns2008 Resolutions + www.akml.org J 19 •s "Information is the currency of democracy." a — Thomas Jefferson APOC 10 - EXEMPT LOCAL GOVERNMENTS Communities exempt from filing Public Official Financial Disclosure statement Communities may opt out of state disclosure requirements under AS 39.50.145: Participation by municipalities. A municipality may exempt its municipal officers from the requirements of this chapter if a majority of those voting on the question at a regular election, as defined by AS 29.71.800 (20), or a special municipality -wide election, vote to exempt its municipal officers from the requirements of this chapter. The question of exemption from the requirements of this chapter may be submitted by the city council or borough assembly by ordinance or by initiative election. Roughly half of Alaska's 200+ communities have voted to be exempt from state disclosure requirements. These are primarily small, rural communities. Exempt communities: Akhiok Diomede Kotlik Port Heiden Akiak Eagle Koyuk Port Lions Akutan Eek Koyukuk Quinhagak Alakunuk Ekwok Kupreanof Ruby Aleknagik Elim Larson Bay Russian Mission Allakaket Emmonak Marshall Savoonga Ambler False Pass Metlakatla Saxman Anaktuvuk Pass Galena Napakiak, Scammon Bay Anderson Gambell Nenana Shageluk Aniak Golovin Newtok Shaktoolik Atka Goodnews Bay Nightmute Sheldon Point Atgasuk Grayling Nikolai Shishmaref Bettles Homer Nondalton Shungnak Brevig Mission Houston Noorvik St. George Is. Bristol Bay Hughes Nuiqsut St. Mary's Borough Huslia Nulato Tanana Buckland Kachemak Nunapitchuk Teller Cherfornak Kake Old Harbor Tenakee Springs Chevak Kaktovik Ouzinkie Toksook Bay Chignik Kaltag Palmer Unalakleet Chuathbaluk Kasaan Pelican Upper Kalskag Clarks Point Kiana Petersburg Valdez Cold Bay King Cove Pilot Point Wales Cordova Kivalina Pilot Station White Mountain Craig Klawock Platinum Whittier Deering Kobuk Point Hope Dillingham Kodiak (city) Port Alexander 2008 GUIDE to FINANCIAL DISCLOSURE in ALASKA Alaska Public Offices Commission January 2008 -12- CITY OF KODIAK FINANCIAL DISCLOSURE STATEMENT FOR PUBLIC OFFICIAL (KCC 2.10.010) Covering the period from January 1 to December 31, 2006 REPORTING OFFICIAL (KCC 2.10.020(a)) NAME RESIDENCE ADDRESS MAILING ADDRESS Indicate any changes on reverse or on additional sheet. FAMILY MEMBERS OF REPORTING OFFICIAL SPOUSE DEPENDENT CHILDREN NON-DEPENDENT CHILDREN LIVING WITH REPORTING OFFICIAL (Continue on reverse or additional sheet if more space is needed) TANGIBLE PERSONAL PROPERTY Exclusive of assets having a value of less than $500, household goods, and personal property (KCC 2.10.020(a)) REPORTING OFFICIAL TANGIBLE PROPERTY (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME TANGIBLE PROPERTY (Continue on blank sheet of paper if more space is needed) SOURCES OF ALL INCOME OF $1,000 OR MORE RECEIVED AS DIVIDENDS OR INTEREST (KCC 2.10.020(b)(1)) REPORTING OFFICIAL SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) SOURCES OF ALL OTHER INCOME OVER $5,000 INCLUDING CAPITAL GAINS (KCC 2.10.020(b)(2)) REPORTING OFFICIAL SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME SOURCE OF INCOME (Continue on blank sheet of paper if more space is needed) NAME AND ADDRESS OF EACH BUSINESS ENTITY OWNED OR IN WHICH AN INTEREST WAS HELD DURING THE PRECEDING YEAR (KCC 2.10.020(b)(3)) REPORTING OFFICIAL NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME I NATURE OF INVOLVEMENT I NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) 5 NAME AND ADDRESS OF EACH BUSINESS INVOLVEMENT AS A DIRECTOR, OWNER, MANAGER, EMPLOYEE, ETC. (KCC 2.10.020(b)(4)) REPORTING OFFICIAL NATURE OF INVOLVEMENT NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME I NATURE OF INVOLVEMENT I NAME AND ADDRESS OF BUSINESS (Continue on blank sheet of paper if more space is needed) REAL PROPERTY INTERESTS OWNED, INCLUDING OPTIONS TO BUY (KCC 2.10.020(b)(5)) REPORTING OFFICIAL IDENTITY OF PROPERTY NATURE OF INTEREST (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME I IDENTITY OF PROPERTY I NATURE OF INTEREST (Continue on blank sheet of paper if more space is needed) LOANS, LOAN GUARANTEES OR OTHER FINANCIAL OBLIGATIONS OF $5,000 OR MORE (KCC 2.10.020(b)(6)) REPORTING OFFICIAL IDENTITY OF MAKER OF LOAN AND LOAN NATURE AND TERMS (SECURED, PERSONAL, GUARANTOR, OR CREDITOR I ETC.) (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME IDENTITY OF MAKER OF LOAN AND LOAN GUARANTOR, OR CREDITOR NATURE AND TERMS (SECURED, PERSONAL, ETC.) (Continue on blank sheet of paper if more space is needed) CONTRACTS AND OFFERS TO CONTRACT WITH THE CITY OF KODIAK (KCC 2.10.020(b)(7)) REPORTING OFFICIAL IDENTITY OF CONTRACT INDICATE HELD, BID, OR OFFERED (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS OR OTHERS NAME AND RELATIONSHIP IDENTITY OF CONTRACT INDICATE HELD, BID, OR OFFERED (Continue on blank sheet of paper if more space is needed) �d i LEASES OR OFFERS TO LEASE MINERAL, TIMBER, OIL, OR OTHER NATURAL RESOURCES (KCC 2.10.020(b)(8)) REPORTING OFFICIAL NATURE OF LEASE IDENTITY OF LEASE INDICATE HELD OR OFFERED (Continue on blank sheet of paper if more space is needed) FAMILY MEMBERS NAME NATURE OF LEASE IDENTITY OF LEASE INDICATE HELD OR OFFERED (Continue on blank sheet of paper if more space is needed) DECLARATION OF REPORTING OFFICIAL I, the undersigned, declare under oath and on penalty of perjury that the statements contained in the foregoing financial disclosure statement are, to the best of my knowledge, true and accurate. SIGNATURE State of Alaska ) ) S.S. City of Kodiak ) DATE Subscribed and sworn to before me this day of , 2007, by whose identity I proved on the basis of: personal knowledge identification: Witness my hand and official seal: Notary Public L.S. My commission expires: Postponed from April 14, 2008 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO MAKE REPAIRS TO A 1999 F-250 SERVICE TRUCK, FOR AN AMOUNT NOT -TO -EXCEED $20,000.00 WHEREAS, the existing vehicle is in need of many expensive repairs and not operational in its current condition due to some of the needed repairs; and WHEREAS, repairs are necessary to the most economical use of our employees and equipment and it is in the interest of public safety to provide reliable response vehicles to the Electric Utility in order to timely respond to outages and accidents; and WHEREAS, the replacement of the vehicle using Motor Pool funds was rejected, the estimated cost of the repairs is $18,333.66 plus towing and a contingency, for an amount not to exceed $20,000.00, will be paid out of the Electric Enterprise fund 2008 Operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City Manager is hereby authorized to make repairs to a 1999 F-250 Service Truck for an amount not -to -exceed $20,000.00. Section 2. Funding for the purchase of this vehicle will come from the Electric Enterprise fund, 2008 Operating budget account no. 501-5400-5380. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28"' day of April, 2008. �, 3 Council Agenda Statement Meeting Date: April 14, 2008 Through: Phillip Oates, City Manage From: Tim Barnum, Electric Utility Manager Agenda Item: Authorize the City Manager to make repairs to a 1999 F-250 Service Truck for an amount not -to - exceed $20,000.00. BACKGROUND & JUSTIFICATION: The current vehicle is a 1999 Ford F250. The existing vehicle is in need of many expensive repairs that exceed the value of the vehicle. The vehicle is not operational in its current condition, due to some of the needed repairs. The 1999 Ford trucks have been very problematic since they were purchased. There have been numerous factory recalls as well as reoccurring problems, such as front ends and brakes. On March 24`h the City Council rejected a resolution that authorized the purchase of a replacement vehicle, even though the new vehicle would be paid for from the motor pool fund, be a heavier duty rated vehicle which should alleviate some of the past problems, reduce maintenance cost and extend the life of the vehicle, allowing for possible value remaining at the time of its scheduled replacement. The Electric Department must have the current vehicle repaired so that we can continue to use our employees and equipment in the most cost effective manor possible and provide for our basic obligations to our customers. The estimated cost of parts and labor is $18,333.66 and we are asking for a not -to -exceed amount of $20,000.00 to cover towing charges and a small contingency, which will be paid for from the Electric Enterprise Fund 2008 Operating Budget. Since we have been anticipating replacing the vehicle for the last couple years, we have been getting by with it but, we are now at a point that we can no longer "get by" with the vehicle in its current condition. Even with these repairs being made, we will still be asking to replace the vehicle in the next budget. This is an example of some of the repairs that will be made: • Springs • Shocks • Drive lines • Brakes • Air Bag system 61 • Steering Column • Engine (overhaul/replace) • Transmission (overhaul/replace) CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: To be paid for from the Electric Enterprise Fund, 2008 Operating budget account no. 501-5400-5380. Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2008-029, authorizing the City Manager to make repairs to a 1999 F-250 Service Truck for an amount not -to -exceed $20,000.00. OJ 2629535 STANLEY FORD INC 09:02:45a.n. 04-07-2008 115 1 43%5 StesHug Hwy., SWdatna AK 99669 (907) 262-5491 + FAX (907) 262-9535 M11MX1AWAPIS A MAW SMUT PUN PACE CARTE: TO: FROM: RE: 6 2629535 STANLEY FORD INC 09:02:54 a.m. 04-07-2008 26 IFDNX21L4XED60418 Page 1 o1' I F?P[flt Aage Click H�rO OASIS RESULT: oar03/26 29:15:2929 1 FDNX21 L.4XED604Y 8 FCXWS446 Cc Copyright 2002.2008 Ford Motor Company. All rights reserved. VEHICLE INFORMATION VEHICLE DESCRIPTION BODY STYLE ENGINE 1999 F-SERIES F-250 SUPER CAB 4X4 SAL SOHC ER TRANSMISSION AXLE CODE ENGINE CALIBRATION 4R100 (E400) 4SP O/D C2 9VZAAFFN NO WARNING MESSAGES FOUND FOR THIS VIN ARN MESSAGES GENERAL WARRANTY INFORMATION WARRANTY START DATE BUILD DATE SALE MILEAGE 06/02/1999 02/08/1999 OUTSTANDING MELD SERVICE AC11ONS 05S2$ PERFORM PRIOR TO VEHICLE DELIVERY: SPEED CONTROL DEACTIVATION SWITCH EXTENDED COVERAGES NO ESP INFORMATION! AVAILABLE 010- WARRANTY REPAIR HISTORY NO RECENT REPAIR HISTORY ON VEHICLE Ii 1<. H x*Or ga11 iA+srrDnty_Hf., tAry, i On -tins 1878 END OF OASIS REPORT FOR 1FDNX21L4XED60418 littp:/ lwww.vrep.tbrdtechservice.dealerconnection.con/vdirsloasisloareq.asp?backto=vnvvi&front=. 4/3/2008 t1 2629535 STANLEY FORD INC 09:03 06a.m. 04-07-2008 3/5 APR 4, 2008 COUNTER SALES Store 01 PARTS01 PORT 5004 2525 --------------------------------------------------------------------------------- INVOICE# OUST #k NAME PHONE PAY CTR# PL 305 1 LN4 PART# / DESCRIPTION QORD QSHP SALE CORE -------- EXTENDED -------- TC -- PL --- --- 21 -------------------------------- SM-3050-AB JOINT A ---- ---- 2 2 -------- 81.98 163.96 1 22 F81Z-5K483-DA LINK ]. 1 26.08 26.08 1 23 4C3Z-3130-AA ARM - S 1 1 445.98 445.98 S 1 24 4C3Z-3131-AA ARM - S 1 1 439.00 439.00 S 1 25 F81Z-3R65i-DA SHOCK A 1 1 58.00 58.00 1 26 3C3Z-5560-CB SPRING 2 2 199.50 399.00 S 1 27 F81Z-1104-DG HUB ASY 2 2 319.98 639.96 S 1 28 F81Z-1S175-HCA SEAL FOB 2 2 21.98 43.96 1 29 2L3Z-15043B13••A,%B MODULE 1 1 683.56 683.56 S 1 30 F81Z--25044A74-DAB MODULE 1 1 697.23 697.23 S 1 AVAI LIST WHS GPpd BN1 TRADE SRC PACK BN2 ALTER. N-FIXY OLD# KFHARKS 'DOTAL 12123.66 (A=ADD)(D=DELZTE)('E=ENTER){CR=CONS REACH) (M=MODIFY)(N=NBRS)(TAB) G3 2629535 STANLEY FORD INC 09:03:16 a.m. 04-07-2008 4 /5 APR 4; 2008 COUNTER SALES Store 01 PARTS01 PORT 5004 ---- -- 2525 -------------------------------------------------------------------^ TNVOICE# CUST # NAME PHONE PAY CiR# PJ, 305 1 LN4 PART# / DESCRIPTION QORD QSHP SALE CORE EXTENDED -------- TC -- PL --- - ---------------------------------- 12 E3TZ-3204-D HOUSING ---- 1 ---- 1 ---------------- 236.00 236.00 S 1 12 E3TZ-3215-C PINION 1 1 167.07 167.07 S 1 13 F81Z-4635-BB KIT - U 4 4 39.62 159.28 S 1 7-4 F M-4635-AB KIT - U 1 1 75.30 75.30 1 15-'81Z-4784--A-A YOKE AS 1 1 69 -71 69.71 S 1 16 YU2Z-2V001-BA PAD Fob 1 1 60.58 60.58 1 17 2U2Z-1V12S-DA ROTOR A FOB 2 2 121.20 242.40 S 1, 18 1C3Z-1V125-DA ROTOR A FOB 2 2 109.08 218.16 8 1 19 YU2Z-2V200-AA PAD - B FOB 1 1 54.53 54.53 1 20 4C3Z-3049-DB JOINT A 2 2 57.98 115.96 1 AVAI LIST WHS GP% BN1 TRADE SRC PACK BN2 ALTER NEW#{ OLD# REMARKS TOTAL 8526.93 (A=ADD)(D=DSLE'2E)(E=ENTER)(CR=CONS REACH) (M=MODIFY) (N=NBRS) (TAB) 2629535 STANLEY FORD INC 09:03:25a.m. 04-07-2008 5!5 APR 4; 2008 COUNTER SALES Store 01 PARTS01 PORT 5004 2525 -----------------------------------------------------------------•------------ INVOICE4 CUST # NAME PHONE PAY CTR# PL 305 1 LN# PART# / DESCRIPTION QORD QSHP SALE CORE EXTENDED TC PL ---------------------------------- ---- ---- -------- ---------------- -- -- 1. XC3Z-6V006-ARM KIT - R FOS 1 1 3354.60 600.00 3954.60 S ' 2 FOXM-6V006-ARM CORE RETURN -1 -1 600.00-600.00 RC 1 3 F81Z-7V000-EBRM TRANSMI POT 1 1 2333.27 1000.00 3333.27 S 1 4 FOF81Z-7V000-EBRM! CORE RETURN -1 -1 1000.00-1000.00 RC 1 5 YC3Z-7A098-8A SCREEN F'UF 1 1 32.18 32.18 1 6 XT-S-QM FLUID - FOX 12 12 4.42 53.04 1 7 3U2Z-18125-AK SHOCK A FOA 2 2 50.35 100.70 S 1 8 3C3Z-18124-AC SHOCK A FOA 2 2 50.35 100.70 S 1 9 F7UZ-4204-AE CASE - 1 1 269.25 269.25 S 1 10 F7UZ-4209-AF' GEAR AN 1 1 884.20 884.20 S 1 AVAI LIST WHS GPW 13N1 TRADE SRC PACK BN2 ALTER NEM OLD# REMARKS TOTAL 7127.94 (A=ADD) ID'DELETE)(E=ENTER)(CR=CONS REACH) (M=MODIBY)(N=NBRS)(TAB) Y-7 1 e� Sponsored by: Planning and Zoning Commission Introduction Date: April 28, 2008 Public Hearing Date: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY ZONING MAP BY REZONING LOTS 27, 28 AND 29, BLOCK 17, ORIGINAL TOWNSITE OF SEWARD FROM MULTI -FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, an applicant has requested a rezone of Lots 27, 28, and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD); and WHEREAS, the total area of land being rezoned is approximately 3,000 square feet; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, the official Zoning Map described in SCC 15.01.030 will be amended from Multi -Family Residential (R3) to Central Business District (CBD) as recommended on the official Land Use Plan map; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning and land use district designations, as required by Title 15; and WHEREAS, at the April 1, 2008 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Zoning Map of the City is hereby amended to change the zoning designation of Lots 27, 28 and 29, Original Townsite of Seward from Multi - Family Residential (R3) to Central Business District (CBD) (as displayed in attached document) City of Seward Ordinance No. 2008-009 Page 2 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 3 Council Agenda Statement Meeting Date: April 28, 2008 , To: Phillip, Oates, City Manager J Through: Bob Hick, Community Development Director From: Donna Glenz, Planning Assistant Agenda Item: Amending the City of Seward Zoning Map by rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for the City Council's review and adoption is Ordinance 2008- 1 amending the City of Seward Zoning Map by rezoning Lots 27, 28, and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). (see attached map) The applicant is requesting this rezone in order to provide land suitable for future commercial uses allowed within the Central Business District and to bring the lots into compliance with the current Land Use Plan approved in the 2020 Comprehensive Plan. The lots directly to the East, across the alley, are currently zoned Auto Commercial. The lots North to Jefferson Street and South to Adams Street are a mixed zoning of Central Business District (CBD) and remaining Multi -Family (R-3). The area to the West is zoned Central Business District (CBD) with the exception of several remaining Multi - Family lots near Jefferson Street. (see attached zoning map) The current uses on the lots to the North consist of the Edgewater parking lot and single family homes. The uses to the South are a single family home and two commercial buildings. The uses to the West are commercial structures and several single family homes. The uses to the East are a mix of commercial structures and single family homes. Each of the three (3) lots being considered for the rezone is approximately 30 feet by 100 feet, totaling approximately 3,000 square feet, which is less than one acre. However the requested rezone meets the Seward City Code by bringing these parcels into compliance with the current Land Use Plan Map SCC 15.01.035, Amendments, (b) (3) states "Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley right-of- ways. " The parcels being considered for the requested zoning change are also contiguous 4 to the Central Business District (CBD) lots directly to the North and West. SCC 15.05.025. Land use districts --Established, definitions a) Established. The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time ofpublic hearing, is hereby adopted by reference and declared to be apart of this chapter. The current zoning of the area requested for rezone is Multi -Family Residential (R3) defined in SCC 15.05.025 (b) "Definitions --Purpose (4) Multi family residential district (R3). Intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi family residences from undesirable effects." The requested zoning change is to Central Business District (CBD) defined in SCC 15.05.025 (b.) "Definitions --Purpose (9) Central business district (CBD) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. " CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2020) X _ "We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan." (page 14) 2. Land Use Plan (2006) X w The Land Use Plan supports this rezone. 3. Strategic Plan (1999) X _ "Work towards bringing the Zoning Map into conformance with the Land Use Plan." (page 11) At the time of this review one verbal public inquiry had been received by staff. This inquiry came from a neighboring property owner who requested information on the applicants current plans for the lots and what other land uses were allowed in the Central Business District. After explaining the current plans for a "summer market" and other uses allowed within the Central Business District, the neighboring property owner voiced no objections and supported the rezone. l .i PLANNING AND ZONING REVIEW As required by the City Code§ 15.01.040, neighboring property owners within 300 feet of the area subject to review were notified and the property was posted. The Planning and Zoning Commission held a public hearing on April 1, 2008 and approved Resolution 2008-05 recommending City Council adopt Ordinance 2008-M3 rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the change of zoning designation. Approved by Finance Department RECOMMENDATION: The Seward Planning and Zoning Commission recommends: April 28, 2008: Council introduces Ordinance 2008-(rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). May 12, 2008: Council conducts a public hearing and adopts Ordinance 2008-00q . City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 8 Keil opened the floor for Vice -Chair nominations. McClure proposed a motion to nominate Roach' as the Vice Chair, but Roach' respectfully declined. Motion (Roach'/McClure) Request for Unanimous Consent Motion Passed Elect Margaret Anderson Vice Chair Seeing no further nominations, nominations were closed. Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — RESOLUTION 2008-05 RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 27, 28, AND 29, BLOCK 17, ORIGINAL TOWNSITE OF SEWARD FROM MULTI FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CBD) Hicks reviewed Resolution 2008-05 and stated this was consistent with the comprehensive plan, land use plan and strategic plan. He stated the public hearing requirements had been met, one inquiry had been received about the property use and staff recommended the approval of Resolution 2008-05. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. McClure noted that a clerical error was made in the P & Z agenda statement stating "10 feet by 100 feet" rather than 30 feet by 100 feet. Motion (McClure/Roach') Approve Resolution 2008-05 In response to Heinrich, Hicks stated that the replat was not considered for this issue. Keil clarified the change met the comprehensive plan, land use plan and strategic plan criteria. McClure stated she had not heard any objections on this issue. 1 �� City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 9 Keil stated she had one inquiry about where the lots were located. Hicks stated in the future he would make inquiries to see if other property owners would like to be included in the change. it. Roach' stated she was in favor of an outdoor market and these lots were a great location for In response to Keil, Hicks stated there were provisions in the code for outdoor markets. Motion Passed Unanimous Unfinished Business — None New Business — Discuss the Seward Bear Creek Flood Service Area Flood Mitigation Plan Keil commented this was a great product but she had a few questions. She referred to sections of the Flood Hazard Mitigation Plan. Hicks stated he had requested the Flood Hazard Mitigation Plan be presented to Planning and Zoning as a courtesy since changes had been made since they reviewed it in early 2007. He stated the plan was on the next City Council agenda for adoption and the Seward Flood Board had provided an email with the changes. He volunteered to take the Commissions questions to the Flood Service Board and ask them to address the questions at the City Council meeting. McClure stated that almost any area was subject to flooding. Hicks clarified there were areas that were not part of the flood plain and explained flood hazard risk areas. Keil referred to other sections of the Flood Hazard Mitigation and discussed her concerns. Hicks suggested Keil make a presentation to Council to raise these questions. The Commission discussed the plan in great detail. Hicks asked if he could meet with the Chair to review the plan and decide on a course of action. Discuss changing the meeting time from 7:30 p.m. to 7:00 p.m. 73 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 200"5 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 27, 28 AND 29, BLOCK 17, ORIGINAL, T.OWNSITE OF SEWARD FROM MULTI FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Joanie Merritt has submitted an application and the filing fee, requesting Lots 27, 28, and 29, Block 17, Original Townsite of Seward, be rezoned from Multi - Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Zoning of the property is Multi -Family Residential (R3) and the current Land Use Plan map designation recommends the property be rezoned to Central Business District (CBD); and WHEREAS, Lots 27, 28 and 29 are each originally platted lots 30 X 100 feet, totaling approximately 3,000 square feet; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development to the Year 2010"; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 1, 2008. Seward Planning and Zoning Resolution 2008-05 Page 2 NOW, 'THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 27, 28, and 299 dock 17; ''Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD); and ie' commends that Ordinance 2008-^ be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this I" day of April 2008. THE CITY OF SEWARD, ALASKA M ' na Keil, Cha' AYES: Heinrich, Keil, McClure, Roach' NOES: None ABSENT: Anderson ABSTAIN: None VACANT: Two ATTEST: City Clerk SENrq, o+�r� :'��4 . SEA • '�.qrE OFF A���, `�• U JEFFERSON STREET =7777 17777�,Mult,-Famly, Uj Wkv Z Uj Y., > < u- "i.Pw Central Business District W Z) Z Of Current Zoning Map Lots 27, 28 and 29, Original Townsite of Seward 0 100 200 Feet I I I 'rk Lots 27, 28 & 29 Proposed Zoning Change from Multi Family to Central Business District �Jt I Auto Commercial ADAMS STREET Ordinance 2008- �A N Jonnie Merritt Rezone Request Multi Family to Central Business District Alaska Map Company CC mtg of April 28 and May 12, 2008 81 Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE SECTION 12.05.011 INTERNATIONAL BUILDING CODE BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE (IBC), INCLUDING REVISIONS WHEREAS, as of September 13, 2007, the State of Alaska adopted the 2006 Edition of the International Building Code (IBC) replacing the 2003 International Building Code (IBC); and WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts; and WHEREAS, the State of Alaska adopts amendments to modify the code specific to the State of Alaska; and WHEREAS, the City of Seward adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions and to set local fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, that: Section 1. The asterisks note changes made by the State of Alaska, and cannot be changed. The asterisks are for Council and public benefit noting items that were changed by the State. These marks will be removed by the City Clerk before being codified. Section 2. The Seward City Code, Section 12.05.011, Codes of Technical Regulation, is deleted in its entirety and replaced with the following: 12.05.011 International Building Code Adopted. A. The International Building Code, Chapters 1-12, 14-28, 30-35, and appendix C, 2006 Edition, approved and published by the International Code Council, is hereby designated and shall be known as the Seward building code and shall constitute the laws of the city relating to building regulation. Although not published in full in this section, all of the provisions of the International Building Code, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the International CITY OF SEWARD, ALASKA ORDINANCE 2008-010 Building Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Building Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the International Building Code adopted and incorporated as the Seward building code by this section. D. The International Building Code (I.B.C.), 2006 edition, adopted in Subsection A of this section, Chapters 1-12, 14-28, 30-35, and appendix C, are adopted by reference to regulate all occupancies and buildings with the following revisions: (1) *Chapter 1 of the LB.C. is revised by deleting Sections 101.4.5, 101.4.7, 104.8, 108.4 and 115; (2) *Chapter 1, Subsection 101.2 (Scope), last sentence of the exception of the I.B.C. is revised by adding: "as governed by the provisions of AS 18.70.080": (3) *Chapter 1, Section 101.4.1 (Electrical) of the LB. C., is revised by deleting the reference to the "iCC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time'; (4) *Chapter 1, Subsection 101.4.4 (Plumbing) of the I.B.C. is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 70,025, as amended of June 14, 2006 and as amended from time to time"; (5) *Chapter 1, Subsection 102.6 (Existing Structures) of the I.B.C., is revised by deleting the reference to the "International Property Maintenance Code"; (6) Chapter 1, Section 103 (Department of Building Safety), of the I.B.C. is revised by replacing the existing title "DEPARTMENT OF BUILDING SAFETY" with "DUTIES AND POWERS OF THE BUILDING OFFICIAL". (7) Chapter 1, Section 103.1 (Creation of Enforcement Agency), is revised by deleting the entire paragraph and title and replacing it with "GENERAL. The official in charge of enforcing the provisions of this code will be known as the Building Official. The Building Official shall have the S3 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." (8) Chapter 1, Subsection 105.1 (Permits), is amended by inserting the phrase "if such work exceeds $1000 in materials and labor expense," after the words "...., or cause any such work to be done," and before the words "...shall first make application to the building official ........"; (9) Table 1-A:: TOTAL VALUATION FEE TABLE 1-A BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for each additional $1000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 $1,000,001.00 and up $5,608.75 for the first $1,000,000,00 plus $3.15 for each $1,000.00, or fraction thereof. her Inspections and Fees 1. Inspections outside of normal business 2. Inspections for which no fee is specifically 3. Additional plan review required by changes, litions or revisions to plans (minimum charge - -half hour). 4. For use of outside consultants for plan ;cking and inspections, or ........................................$47.00 per hour .......................................$47.00 per hour ......................................$47.00 per hour ......................................Actual Costs (10) *Chapter 1, Section 105.2 (Work exempt from permit) of the I.B.C., is revised by deleting items 2, 4, and 5 and, adding a new item 14 to read: "14. Buildings classified as a Group U Occupancy, other than those in Appendix L, that are not offered for use by persons other than the property owner or the owner's employees, not open to the public, and not containing hazardous materials in excess of those found in Tables 307.7(1) and 307.7(2). This exemption includes buildings in which the public has no access, such as farm, dairy operations, or greenhouse operations. (11) *Chapter 1, Section 106.1.1.1 (Fire protection system shop drawings) of the I.B.C., is revised by adding the sentence "A copy of the approved stamped plans are to be retained on site." at the end of the section; (12) *Chapter 1, Section 106.3.1 (Approval of construction documents) of the I.B.C, is revised to read: "One set of bound construction documents so reviewed shall be retained by the building official."; (13) * Chapter 1, Subsection 106.3.4.1 (General), third paragraph, first sentence of the I.B.C. is revised to read: "Structural observation shall be as required by Section 1709." (14) The Fee for each permit shall be as set forth in Table 1-A. (15) When construction documents are required in accordance with Section 106, a plan review fee equivalent to 65% of the Permit Fee, as shown in Table 1-A, shall be paid. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (16) *Chapter 1, Section 107.3 (Temporary power) of the I.B.C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; (17) Chapter 1, Section 112.1 (General) is amended by adding the words "consisting of the City Council of the City of Seward." after the words "hereby created a board of appeals." The period after the word "appeals" is deleted and the third sentence starting with the words "the board of appeals shall...." is deleted in its entirety. The last sentence is also deleted in its entirety. (18) Chapter 1, Section 112.3, (Qualifications) is deleted in its entirety. (19) *Chapter 2, Subsection 201.3 (Terms defined in other codes) of the I.B.C. is revised by deleting the references "International Plumbing Code": (20) *Chapter 2, Section 202 (Definitions) of the I.B.C. is revised by adding a definition to read: "BUILDING, EXISTING, is a building that: (A) was erected before December 5, 1956; or (B) was erected before the adoption of the 2006 International Building Code, 2006 International Fire Code, 2006 International Mechanical Code and the 2006 International Fuel Gas Code and complies with the building code regulations in effect at the time of construction."; (21) *Chapter 3, Section 305.2 (Day care) of the I.B.C., is revised to read: "The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than two and one-half years of age, including children related to the staff, shall be classified as a Group E occupancy."; (22) *Chapter 3, Section 305.2 (Day care) of the I.B.C., is revised by adding a new exception to read: "Exception: Family child care homes (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of this regulation (Group E occupancy), except for smoke alarms as described in Subsection 907.2.10, carbon monoxide detectors and alarms are described in Section 422, means of egress requirements of Section 1003, including emergency escape and rescue openings (as required by Section 1026) in napping or sleeping rooms, and fire extinguisher requirements as described in the International Fire Code; (23) *I.B.C. Chapter 3, Section 308.2 (Group 1- 1) revised by adding a new paragraph between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with Section 423."; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (24) *I.B.C. Chapter 3, Section 308.3 (Group I-2) revised by changing the last sentence to read: "A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3."; (25) *Chapter 3, Section 309.3.1 (Child care facility) of the I.B.C., is revised to read: "A child care facility that provides care on a 24-hour basis to more than five children of two and one-half years of age or less, including children related to the staff, shall be classified as Group I-2."; (26) *Chapter 3, Section 308.5 (Group I-4, day care facilities), second sentence of the I.B.C., is revised to read: "A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3.' ; (27) *Chapter 3, Section 310.1 (Residential Group R) of the I.B.C., is revised by adding a new paragraph between the first and second paragraphs to read: "For facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations, see Section 419."; (28) *Chapter 4, Section 406.1.4 (Separation) ofthe I.B.C., paragraph 1 is revised by deleting "1 /2 inch (12.7 mm) gypsum board" and replacing it with "5/8 inch (15.88 mm) Type X gypsum board"; (29) *Chapter 4, Section 412.2.1 (Exterior walls) of the I.B.C., is revised by deleting "30 feet (9 144 mm)" and replacing it with "20 feet (6,098 mm)"; (30) *Chapter 4, Subsection 415.6.3 of the I.B.C., is revised by deleting the reference to the "International Fuel Gas Code " and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; (31) *Chapter 4, Section 415.6.4 of the I.B.C., is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; (32) Chapter 4, Section 415.8.2.8.1 of the I.B.C. is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time."; (33) *Chapter 4 (Special Detailed Requirements Based on Use and Occupancy) of the I.B.C., is revised by adding new Section 421 (Special Security Requirements for Elevated Buildings), Section 422 (Carbon Monoxide Detectors and Alarms), and Section 423 (Occupants Needing Special Assistance) (Group I-1 and R-4) to read: SECTION 421 87 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SPECIAL SECURITY REQUIREMENTS FOR ELEVATED BUILDINGS 421.1 All elevated buildings with the lower floor level above grade and open on the sides must be fenced around the building exterior or have skirting below the exterior walls to prevent unauthorized access. Exceptions: 1. Normally unoccupied buildings; 2. Buildings with F, H, S, and U occupancies. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SECTION 422 CARBON MONOXIDE DETECTORS AND ALARMS 422.1 (Carbon Monoxide Detectors and Alarms) The provisions of this section shall apply to Groups I-1,1-2, and all R occupancies. At least one carbon monoxide detector or alarm shall be installed on each floor level. If a floor level contains bedrooms or sleeping rooms, at least one detector shall be located in the immediate vicinity of the sleeping area, outside of the bedrooms or sleeping rooms. Carbon monoxide detectors and alarms shall be installed in accordance with their listing. The alarm shall be clearly audible in all sleeping rooms, even if the intervening doors are closed. Exceptions: 1. Carbon monoxide detectors and alarms are not required in dwelling units and structures that have no combustion appliances, attached garage, or other vehicle parking within 25 feet of any direct opening. 2. Carbon monoxide detectors and alarms are not required in dwelling units and structures that have only direct vent combustion appliances, and no attached garage, or other vehicle parking within 25 feet of any direct opening. 3. Carbon monoxide detectors and alarms are not required if all combustion equipment is located within a mechanical room separated from the rest of the building by construction capable of resisting the passage of smoke. If the structure has an attached and enclosed parking garage, the garage shall be ventilated by an approved automatic carbon monoxide exhaust system designed in accordance with the 2006 LM.C. 422.2 Interconnection. In new construction, all carbon monoxide detectors and alarms located within a single dwelling unit shall be interconnected in such a manner that actuation of one alarm shall activate all of the alarms within the individual dwelling unit. 422.3 Power source. In new construction, carbon monoxide detectors and alarms shall receive their primary power from the building wiring if the wiring is served from a commercial source, and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than what is required for overcurrent protection. In existing construction, carbon monoxide detectors and alarms may be powered by battery or a cord -and -plug with battery backup. 0 ") CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SECTION 423 OCCUPANTS NEEDING PHYSICAL ASSISTANCE 423.1 Applicability. The provisions of this section apply to all Groups I-1 and R-4 occupancies where the occupants need physical assistance from staff or others to respond to emergencies. 423.2 Definitions. In this section "Evacuation Capability" means the ability of occupants, residents, and staff as a group either to evacuate a building or to relocate from the point of occupancy to a point of safety; "Point of Safety" means a location that (a) is exterior to and away from a building; or (b) is within a building of any type construction protected throughout by an approved automatic sprinkler system and that is either (1) within an exit enclosure meeting the requirements of Section 1020; or (2) within another portion of the building that is separated by smoke partitions meeting the requirements of Section 710, with not less than a one-half hour fire resistance rating, and the portion of the building has access to a means of escape or exit that conforms to the requirements of this code and does not require return to the area of the fire." 423.3 Fire Drills And Evacuation Capability Determination. The initial determination of evacuation capability will be determined by a fire drill conducted by a fire code official or by an employee of the Department of Health and Social Services responsible for licensing the facility. Changes to the evacuation capability will be made by a fire code official, based on a record of fire drills conducted by the facility staff. The drills will be conducted six times a year on a bimonthly basis, with at least two drills conducted during the night when residents are sleeping. Records must indicate the time taken to reach a point of safety, date and time of the drill, location of simulated fire origin, escape paths used, and comments relating to residents who resisted or failed to participate in the drills. 423.4 Evacuation Capability and Fire Protection Requirements. Fire protection requirements of a facility under this section are as follows: 423.4.1 Prompt Evacuation Capability. Evacuation capability of three minutes or less indicates prompt evacuation capability. In facilities maintaining prompt evacuation capability, the requirements of the code for Groups I-1 or R-4 occupancies must be followed. 423.4.2 Slow Evacuation Capability. Evacuation capability of more than three but less than 14 minutes indicates slow evacuation capability. In facilities maintaining slow evacuation capability, the facility must be protected by (a) an automatic smoke detection system, using addressable smoke detectors, designed and installed in accordance with the provisions of this code and N.F.P.A. 72- 2007; and (b) an automatic sprinkler system, with quick -response or residential sprinklers, installed in accordance with section 903.3.1.2 (NF.P.A. 13R-2007 (Sprinkler Systems)) or 903.3.1.3 (N.F.P.A 13D-2007 (Sprinkler Systems)). �' J CITY OF SEWARD, ALASKA ORDINANCE 2008-010 423.4.3 Impractical Evacuation Capability. Evacuation capability of 14 minutes or more indicates impractical evacuation capability. In facilities maintaining impractical evacuation capability, the facility must be protected by (a) the protections for a facility with slow evacuation capability under Section 423.4.2; (b) one-half hour fire -resistive construction throughout the facility; and (c) direct egress from sleeping rooms for occupants needing evacuation assistance either (i) to the exterior at grade level, to an exterior porch or landing via a 3 feet 60 inches wide door; or (ii) if the sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance with Section 710, by egress windows conforming to the provisions of Section 1026. (34) *Chapter 5 (General Building Heights and Areas), of the I.B. C. is revised by adding a new Section 501.3 to read as follows: "Location on property. Buildings must adjoin or have access to a permanent public way or yard on not less than one side. Required yards by this section must be permanently maintained."; (35) *Chapter 5, Section 504 (Height) of the LB. C. is revised by adding a new Section 504.4 to read: "Day care facilities. Facilities that are operated in a primary residence (Group R-3) between the hours of 6:00 a.m. and 10:00 p.m., and accommodating up to a total of 12 children of any age may use the second story of the building without providing an automatic sprinkler system or complying with Table 302.3.2, Table 602, and the Type VA requirements set out in Table 503, if all other applicable legal provisions for a Group E occupancy are met"; (36) *Chapter 5, Table 508.2 (Incidental Use Areas) of the I.B.C., is revised by changing the wording in the first block under the left column to read: "Furnace rooms in Group E, I, and R-1, R-2, and R-4 occupancies regardless of Btu input, and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Btu per hour input"; (37) *Chapter 7, Subsection 717.4.2 (groups R-1 and R-2) of the LB.C., is revised to read: "Draftstopping must be provided in attics, mansards, overhangs, or other concealed roof spaces of Group R-2 buildings with three or more dwelling units and in all Group R-1 buildings. The intervening space between any two draftstops or walls must be designed for adequate cross ventilation as described in Section 1203.2. Draftstopping must be installed above, and in line with, tenant and dwelling separation walls that do not extend to the underside of the roof sheathing above."; (38) *Chapter 7, Subsection 717.4.2 (Groups R-1 and R-2), Exception 3 of the I.B. C., is revised to read: "Draftstopping in attic spaces of Group R-1 and R-2 occupancies that do not exceed four stories in height may be installed so that the area between draftstops that extends from the ceiling to the roof does not exceed 3,000 square feet, and the greatest horizontal dimension does not exceed 60 feet. The draftstops do not have to be located directly above or in line with walls separating tenant spaces, unless part of construction required by other provisions of this code. Adequate cross ventilation must be provided in accordance with Section 1203.2."; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (39) *Chapter 8, Section 806.1 (General requirements) of the I.B.C., is revised by adding "or treated by a method approved by the fire code official." at the end of the fourth paragraph; (40) *Chapter 9, Subsection 903.2.2 (Group E)of the I.B. C., is revised to read: "Group E. An automatic sprinkler system must be provided throughout all buildings with Group E occupancies. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. Exceptions: (1) Buildings with Group E occupancies having an occupant load of 49 or less. Day care uses that are licensed to care for more than five persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an equivalent system approved by the building official." 41) *Chapter 9, Section 903.2.7 (Group R) of the LB. C, is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 through 903.2.7.3"; 42) *Chapter 9 of the I.B. C. is revised by adding a new Section 903.2.7.1 to read: "903.2.7.1 Group R-1. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-1 fire area"; 43) *Chapter 9 of the I.B.C. is revised by adding a new Section 903.2.7.2 to read: "903.2.7.2 Group R-2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleep rooms."; 44) *Chapter 9 of the I.B.C. is revised by adding a new Section 903.2.7.3 to read: "903.2.7.3 Group R-4. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area"; 45) *Chapter 9, Subsection 903.3.1.1 of the I.B. C., is revised by adding a new Subsection 903.3.1.1.2 to read: "Elevator Hoist Ways and Machine Rooms. When the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoist ways and CITY OF SEWARD, ALASKA ORDINANCE 2008-010 machine rooms must occur as described in N.F.P.A. 13-2007, Elevator hoist ways and machine rooms), and adopted by reference, and American Society for Mechanical Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators as adopted by 8 AAC 77.005, as amended as of June 14, 2006 and as amended from time to time"; Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) separated from the remainder of the building as described in Section 3006.4; (2) smoke detection is provided in accordance with N.F.P.A. 72-2007 and adopted by reference: and, (3) notification of alarm activation is received at a constantly monitored location."; 46) *Chapter 9, Subsection 903.3.5 (Water supplies)of the I.B.C. is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 47) *Chapter 9, Section 903.3.6 (Hose threads) of the I.B. C., is revised by deleting "the fire code official" and replacing it with "AS 18.70.084 "; 48) *Chapter 9, Subsection 904.3.1 (Electrical wiring) of the I.B.C. is revised by deleting the reference "7CC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 49) *Chapter 9, Section 907.1.1 (Construction documents) of the I.B.C., is revised by adding the following required construction documents for plan review: 12. System riser diagrams.; 50) *Chapter 9, Section 907.2.3 (Group E) of the I.B.C., is revised by deleting Exception 3; 51) *Chapter 9, Subsection 907.2.3 (Group E) of the I.B.C., is revised by adding a second paragraph to read: "Rooms used for sleeping or napping purposes within a day care use of a Group F occupancy must be provided with smoke alarms that comply with Section 907.2.10.1.2."; 52) *Chapter 9, Section 907.2.6.1 (Group 1- 1) of the I.B.C., is revised by deleting Exception 1; 53) *Chapter 9, Subsection 907.2.10 (single and multiple station smoke alarms) of the I.B.C., is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10. L"; 54) -Chapter 9, Section 907.2.10.1.3 (Group I-1) of the I.B.C., is revised by deleting the Exception; 3 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 55) *Chapter 9, Subsection 907.5 (Wiring) of the I.B.C., is revised by deleting the reference `ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 56) *Chapter 9, Subsection 907.17 (Record of completion) of the I.B. C., is revised by adding a new sentence to read: "A copy of the acceptance test certificate verifying completion in accordance with N.F.P.A. 72-2007 must be forwarded by the firm conducting the test to the state fire marshal or the deferred jurisdiction having authority within 30 days of the completion of the installation."; 57)*Chapter 9, Subsection 909.11 (Power systems) of the LB.C, is revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 58) *Chapter 9, Subsection 909.12.1 (Wiring)of the LB. C., is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 59) *Chapter 9, Subsection 909.16.3 (Control action and priorities) of the I.B. C exception, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 60) *Chapter 9, Section 910.1 (General) of the I.B.C., is revised by deleting Exception 2; 61) *Chapter 10, Subsection 1009.1 (Stairway width) of the LB.C., is revised by adding exception 5 to read: "Exception: Stairs or ladders used only to attend equipment are exempt from the requirements of this section."; 62) *Chapter 10, Section 1009.5.2 (Outdoor conditions) of the LB.C., is revised by adding a sentence: "In occupancies other than Group R-3 and Group U occupancies that are accessory to Group R-3 occupancies, surfaces and landings which are part of exterior stairs in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice; 63) *Chapter 10, Section 1010.7.2 (Outdoor conditions) of the I.B.C., is revised by adding a sentence: "In occupancies other than Group R-3 and Group U occupancies that are accessory to Group R-3 occupancies, surfaces and landings that are part of exterior ramps in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice; 64) *Chapter 10, Section 1014.5 (Egress balconies) of the I.B.C., is revised by adding a sentence: "Exterior balconies shall be designed to minimize accumulation of snow or ice that impedes the means of egress."; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 65) *Chapter 10, Section 1015.2.2 (Three or more exits or exit access doorways) of the I.B.C., is revised by adding an exception to read: "Where access to three or more exits is required, the separation distance of the third exit door or exit access doorway shall not be less than one-third of the length of the maximum overall diagonal dimension of the area served."; 66) *Chapter 10, Table 1017.1 (Corridor Fire -Resistance Rating) of the I.B.C., is revised by adding a note to read: "R Occupancies shall be allowed to have a one -hour rated corridor without a sprinkler system when the corridor 1. serves any occupant load greater than 10; 2. serves less than 17 dwelling units; and 3. is less than three stories in height."; 67) *Chapter 10, Subsection 1019.1 (Minimum number of exits) of the I.B. C., is revised by adding an exception to read: "Exception: Basements or the first level below the first story in all occupancies except Group R-3 occupancies, used exclusively for the service of the building, may have access to only one exit. Any other use of the basement, or first level below the first story must have at least two exits arranged as described in Section 1014.2. For purposes of this exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building."; 68) *Chapter 10, Section 1026.1 (General ) of the I.B. C., is revised by deleting Exceptions 1, 2, 3, 4 and 7; 69) *Chapter 11, Section 1101.1 (Scope) of the I.B.C., is revised by deleting the first sentence and adding sentences at the end of the section to read: "Compliance review by the state fire marshal's office is limited to the review of the accessible route, means of egress requirements of the code, and at least one accessible toilet room along the accessible route. Compliance with the requirements of this chapter and other provisions within this code for accessibility of persons with physical disabilities is the exclusive responsibility of the owner of the structure or design professional of record. An advisory plan review may be obtained regarding the design for accessibility of a structure from the office of the state coordinator for Americans with Disabilities Act at 801 West 10thAvenue, Suite A, Juneau, Alaska 99801; telephone (907) 465-6929."; 70) *Chapter 12, Subsection 1203.3.2 (Exceptions)of the I.B.C., Exception 4, is revised by deleting "in accordance with the International Energy Conservation Code "; 71) *Chapter 12, Subsection 1205.4.1 (Controls) of the I.B.C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 72) * Chapter 12, Section 1206.3.3 (Court drainage) of the I.B. C., is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 73) *Chapter 14, Subsection 1403.2 (Weather protection) of the LB. C, is revised by deleting the words "in accordance with the International Energy Conservation Code" from the last sentence of the first paragraph; 74) *Chapter 14, Subsection 1405.10.4 (Grounding) of the I.B.C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 75) *Chapter 15, Subsection 1503.4 (Roofdrainage)of the LB. C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 76) *Chapter 16, Section 1601.1 (Scope) of the LB.C., is revised by adding a second paragraph to read: "This chapter is adopted as design criteria for the structural safety of buildings constructed under this code. Review for conformance with this criteria is not performed by the office of the state fire marshal. Compliance with the requirements of this chapter, other provisions in this code for structural design, the Alaska Administrative Order No. 175, local government flood reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) under C.F.R. 44, Parts 59 - 60, revised as of October 1, 2006, is the exclusive responsibility of the building owner or design professional of record."; 77) Chapter 16, Subsection 1608.1 of the LB. C, is revised by deleting "Design snow loads shall be determined in accordance with Section 7 of ASCE 7," and replacing it with "Design snow loads in the City of Seward shall be no less than 80 pounds/sq. ft.,"; 78) *Chapter 17, Subsection 1701.1 (Scope) of the LB. C., is revised by adding a second paragraph to read: "The provisions of this chapter are adopted as criteria to guide the owner and the registered design professional in meeting the tests and special inspections necessary to assure conformance with the applicable standards adopted under this code. Tests and inspections required by this code are not performed by the City of Seward, but are the responsibility of the building owner or design professional of record. The findings of these tests and inspections must be kept for the life of the building."; 79) *Chapter 27, Subsection 2701.1 (Scope) of the I.B. C, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 80) *Chapter 27, Subsection 2702.1 (Installation) of the I.B.C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 81) *Chapter 31, Section 3103.1 (Temporary Structures) ofthe I.B.C, the first sentence is revised to read: "The provisions of this section apply in deferred jurisdictions as allowed under 13 AAC 50.075 only, for structures other than tents and membrane structures, erected for a period of less than 180 days."; 82) *Chapter 31 of the I.B.C. is revised by deleting Section 3107 (Signs) and Section 3109 (Swimming Pool Enclosures and Safety Devices); 83) *Chapter 33, Section 3305.1 (Facilities required) of the I.B. C, is revised bydeleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 84) *Chapter 34, Section 3401.3 of the I.B.C., is revised to read: "Compliance with other codes. Alterations, repairs, additions, and changes of occupancy to existing structures must comply with the provisions for alterations, repairs, additions, and changes of occupancy in the International Fire Code (2006 Edition) as adopted by reference; the Plumbing Code as adopted by 8 AAC 63. 110, as amended as of December 6, 2003 and as amended from time to time; the International Mechanical Code as adopted by reference; and the Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time."; 85) *Chapter 34, Section 3403.1.1 (Flood hazard areas) oftheI.B.C., is revised to read: "This Section 3403 is adopted as criteria to guide the owner or the registered design professional of record. Plans are not reviewed by the office of the state fire marshal for compliance. Compliance with the requirements of this section, Alaska Administrative Order No. 175, local government flood reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) under C.F.R. 44, Parts 59 - 60, revised as of October 1, 2006, is the exclusive responsibility of the owner or the registered design professional of record."; 86) *Chapter 34, Section 3406 (Change of Occupancy) of the I.B. C., is revised by deleting Section 3406.2 (Certificate of occupancy); 87) *Chapter 34, Section 3409.1 (Scope) of the I.B. C, is revised by adding a sentence at the end of the first paragraph to read: "This Section 3409 is adopted as a guidance for accessibility"; 88) *Chapter 34, Section 3410.2 of the I.B. C, is revised to read: "Applicability. Structures meeting the definition of "existing structure" under Section 202 of this code in which there is work CITY OF SEWARD, ALASKA ORDINANCE 2008-010 involving additions, alterations, or changes of occupancy must conform to the requirements of this section or the provisions of Sections 3403 - 3407 of this code."; 89)*Chapter 34, Subsection 3410.3.2 (Compliance with other codes) of the I.B.C., is revised by deleting the words "and International Property Maintenance Code "; 90) *Chapter 35 (Referenced Standards) of the IB.C. is revised by changing or adding the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference: N.F.P.A. 10-2007 Portable Fire Extinguishers; N.F.P.A. 13-2007Installation of Sprinkler Systems; N.F.P.A. 13D-2007 Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes; N.F.P.A. 13R-2007 Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height; N.F.P.A. 14-2007 Standpipe and Hose System; N.F.P.A. 20-2007 Installation of Stationary Pumps for Fire Protection; N.FP.A. 72-2007 National Fire Alarm Code; N.F.P.A. 750-2006 Standards on Water Mist Fire Protection Systems; (10) *Appendix of the I.B. C is revised by adding anew Appendix K as follows: APPENDIX K REPAIRS TO BUILDING AND STRUCTURES DAMAGED BY THE OCCURRENCE OF A NATURAL DISASTER" K101 Purpose. The purpose of this appendix is to provide a defined level of repair for buildings or structures damaged by a natural disaster in jurisdictions where the governor has declared a formal condition of disaster emergency under AS 26.23 by proclamation. K102 General. Required repair levels must be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre -disaster condition to the estimated replacement value of the building or structure. K103 Structural repairs. When the ratio described in Section K102 does not exceed 10 percent, as determined by design professionals who are professional architects or professional engineers who meet the requirements of AS 08.48 buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must, at a minimum, be restored to their pre -disaster condition. When the ratio described in Section K102 is greater than 10 percent but less than 50 percent, buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must have the damaged structural members, including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of this code. These CITY OF SEWARD, ALASKA ORDINANCE 2008-010 requirements apply to those essential facilities when the ratio described in Section K102 is less than 30 percent. Exception: For buildings or structures with rigid diaphragms where the above -required repair and strengthening increases the rigidity of the resisting members, the entire lateral force -resisting system of the building or structure must be investigated. When, in the opinion of the building official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition must be corrected. When the ratio described in Section K102 is greater than 50 percent, buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must, at a minimum, have the entire building or structure strengthened to comply with the force level and connection requirements of this code. These requirements apply to essential facilities when the ratio described in Section K 102 is greater that or equal to 30 percent. K104 Nonstructural repairs to light fixtures and suspended ceilings. Under all ratios calculated under K102, when light fixtures and the suspension systems of a suspended acoustical ceiling are damaged, the damaged light fixtures and suspension systems must be repaired to fully comply with the requirements of Section 803.9.1.1 of this code. Undamaged light fixtures and suspension systems must have the additional support and bracing that is required in Section 803.9.1 of this code."; (91) *Appendix of the I.B.C. is revised by adding a new APPENDIX L as follows: "APPENDIX L OIL AND GAS INDUSTRIAL PROCESSING BUILDINGS L 101 General. These provisions have been established to provide engineering methods for the design and construction of Hydrocarbon Processing Buildings in this state. L102 Scope. These standards supersede the respective requirements of the 2006 International Building Code (T.B.C.), International Mechanical Code (LM.C.), International Fire Code (LFC.) and International Fuel Gas Code (LF. G. C.) as the minimum requirements for occupancies when designing and constructing hydrocarbon buildings in this state. L102.2 Small unoccupied structures, shelters, and enclosures, such as a wellhead shelter (any item that is put over the top of the wellhead that totally encloses the wellhead), communications shelters (unoccupied buildings with no hazardous vapors, gases, or products open to the atmosphere within the structure and that is utilized solely for the housing of wires and their components), meter building, and shut -down valve enclosures may be classified as a Group U occupancy if the following conditions are met: 1. The building is less than 1,000 square feet; 2. The contents of the building include only meters, valves, or pipe work; 3. The building is not normally occupied more than once during a 12-hour period; and 4. If the building exceeds 250 square feet, the building has at least two exits. J9 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L103 Basic allowable module size, height, and separation. The basic allowable module size, height, and separation for Hydrocarbon Processing Buildings must comply with Appendix L103.1 - L103.3 of this Code. L 103.1 Area and height. The maximum allowable floor area for Hydrocarbon Processing Buildings using a minimum of Type IIB construction is 10,000 square feet and the building may only be one story. The maximum allowable height shall be 65 feet; the reference datum shall be the top of the first floor framing system. Penthouse and roof structures are permitted to extend above the 65 foot height limit to meet special requirements, including aerial coolers, towers, and tower enclosures. Allowable area and building height increases permitted by Sections 504 and 506 of the I.B.C. do not apply. L 103.1.1 Service area platforms. An elevated platform or series of platforms of Hydrocarbon Processing Buildings may not be classified as a floor or mezzanine within a building, and are not subject to the requirements of Section 505 of the LB.C. Access and egress requirements for service area platforms must be served by at least two exits per level, with one being directly to an exterior stair. Platforms must be constructed of grating -type material so that the main floor level below is visible through the platform. Upper service area platforms must be kept to the minimum size that is necessary to accomplish occasional service, operating duties, and safe egress. Virtual wall-to-wall grating on upper levels is considered a story and must be included in floor area calculations. L103.2 Module separation. Hydrocarbon processing buildings must comply with the provisions of Section 501.2 as amended by this code and Sections 704 and 721.6.2.3 of the LB. C. , for all occupancies. Elevated pipe ways extending from a building may not be considered "extensions" of the building. L 103.2.1 Building extensions and service area platforms. Building extensions of Hydrocarbon Processing Buildings into the yard, include landings, platforms, stairs, vessels, vessel enclosures, tanks, and exhaust or intake hoods. Clear and unobstructed access for fire fighting is to be no less than 40 feet. Bridging between buildings must be designed to allow access and operation for firefighting. L 104 Stairs, landings, handrails, and guardrails. Stairs, landings, handrails, and guardrails must meet the minimum requirements of 8 AAC 61 • as amended as of March 9, 2001 and as amended from time to time; these regulations supersede the respective requirements of the I.B.C. L104.1 Floor level at doors. Floors or landings may be more than one inch lower than the threshold of doorways if an attempt is made to minimize the drop through the use of ramps at interior doorways as described in Section 1008.3.1.6 of the LB. C. L105 Construction specifics. The construction of Hydrocarbon Processing Buildings must comply with Appendix L105.1 - L105.4 of this Code. L105.1 Fire walls. When a fire wall is used to qualify under Section 705 of the I.B.C., the wall must comply with that section. If the fire wall does not extend to the ground, the structural supports for the wall must rest upon, and be completely supported by the pilings. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L105.2 Tank support fireproofing. Fire proofing requirements for steel tank supports, as described in Section 3404.2.9.1.3 of the LF. C. (2006 Edition) as adopted by reference, maybe waived by the building official when justified, based on the remoteness of the facility and lack of public access, or analytical or empirical results indicating that sufficient heat could be transmitted to the permafrost to cause foundation settlement. L105.3 Foam plastic insulated building panels. For hydrocarbon processing buildings used in the actual processing of hydrocarbons and, not normally used in other mineral extraction or manufacturing activities, foam plastic insulated building panels used on these buildings shall apply a foam plastic insulated building panel with a thermal barrier with an index of 15. Factory Mutual approval Standard 4880 or Underwriters Laboratory (UL) Subject 1040 are acceptable tests for the purposes of approval under Section 2603.4 of the 1R.C. L105.4 Electrical or communication equipment shelters and wellhead shelters. Thermal barrier requirements as described in Section 2603.4 of the I.B.C. are not required for fiberglass or metal sheeting used for construction of electrical or communication equipment shelters and wellhead shelters if the following conditions are met: 1. Foam used must meet the requirements described in Section 2603.3 of the I.B.C.; 2. The area of an individual shelter may not exceed 1,000 square feet; 3. Separation between individual shelters must be a minimum of six feet; 4. Each wellhead shelter shall only enclose one wellhead; 5. The electrical or communication shelter or wellhead shelter must normally be unoccupied. It is understood that operators need to spend approximately 10 minutes per day taking readings in wellhead shelters and that maintenance is infrequently required. The most extensive maintenance is well wireline work. This work may extend to a week per well and occur once every several year per well. Most of this work is accomplished from outside the wellhead shelter. All maintenance is strictly controlled with a permit system; 6. The electrical or communication shelters designed with workstations in the facility do not qualify for this modification. L106 Fire suppression. The provisions in Sections L106.1 - L106.3 establish the standards for fire suppression at Oil and Gas Hydrocarbon Processing Buildings. L 106.1 Alternate Automatic Fire -Extinguishing (AAFE) system automatic activation for gas detection. In areas of Hydrocarbon Processing Buildings where (1) both fire and explosion hazards exist, (2) both fire and gas detection systems are installed, (3) the fire and gas detection devices alarm at a continuously staffed control room and trained operators can quickly respond to the fire and gas alarms following specific fire and gas alarm response procedures, and (4) collateral fire damage is likely to be minimal, the following (AAFE) operating activation mode is acceptable: Automatic activation of the (AAFE) system upon gas detection coupled with manual activation of the same (AAFE) system on fire detection. L106.2 Manual activation of total flooding fire suppression systems. In areas where (1) the only hazard is fire, not explosion, (2) fire detection devices alarm at continuously staffed control rooms, (3) trained operators can quickly respond to the fire alarms following specific fire alarm response procedures, and (4) CITY OF SEWARD, ALASKA ORDINANCE 2008-010 collateral fire damage is likely to be minimal, manual activation of the total flooding fire suppression agent is acceptable. These areas also include continuously staffed control rooms. 1 f)q CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L106.3 Platform width. In buildings protected with fire sprinkler systems, any platform that exceeds four feet in width or length is considered an obstruction for the purposes of the installation of sprinkler systems under Section 903.3.1.1 of the I.B.C. ". Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this `h day of, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates KK✓ From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Building Code BACKGROUND & JUSTIFICATION: September 13, 2007, the State of Alaska adopted the 2006 edition of the International Building Code (IBC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2006 IBC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The Ordinance includes revisions made by the State and also suggested local revisions. The State of Alaska adopts amendments to modify the Code specific to the State of Alaska. These amendments are highlighted with an asterisk to clearly illustrate for the public and Council which amendments can not be changed or deleted. The asterisks will be removed prior to the Ordinance being codified. The City of Seward also adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions. Additional local amendments were also added to set local fees. The local fees are not being increased at this time. The local suggested modifications are not asterisked and can be modified by Council. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: #C Approved by the Finance Department: RECOMMENDATION: 0 Approve Ordinance 2008-,amending the City of Seward Code Section 12.05.011 International Building Code by Adopting the 2006 Edition of the International Building Code (IBC), including revisions. Sponsored by: Oates Introduction : April 28, 2008 Public Hearing: May 12, 2008 Enactment : May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE, CHAPTER 9.15, HEALTH AND SAFETY, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE (IFC), INCLUDING REVISIONS. WHEREAS, as of the 13`" day of September 2007, the State of Alaska has adopted the 2006 Edition of the International Fire Code (IFC); and WHEREAS, revisions the State of Alaska makes to the IFC affect the City of Seward's deferral from the State; and WHEREAS, the proposed revisions are consistent with the scope of providing a safer place to live and work for the citizens of the City of Seward. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The asterisks note changes made by the State of Alaska to the IFC. These asterisks are inserted for the benefit of the reader to indicate items which were changed by the State and cannot be modified to be any less restrictive by the City of Seward. These marks will be removed by the City Clerk before being codified. Section 2. The Seward City Code Chapter 9.15.111 is deleted in its entirety and replaced with the following: 9.15.111.2006 International Fire Code — Adopted. (a) The 2006 edition of the International Fire Code, including appendix chapters listed in subsection (b) below, published by the International Code Council is hereby designated and shall be known as the Seward Fire Code, and shall constitute the laws of the city related to fire prevention. Although not published in full in this section, all of the provisions of the International Fire Code and the appendices cited shall be and are hereby adopted by references to the same extent as if set forth in full herein, except to the extent that the International Fire Code is amended by or in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall apply. (b) The following amendments are made to the International Fire Code 2006 edition, hereinafter sometimes referred to as I.F.C. in its application as the Seward Fire Code. Page 1 of 13 J 1. Chapter 1, Section 105.6 is revised by deleting all operational permits except for: 105.6.14 Explosives, 105.6.15 Fire hydrants and valves, 105.6.17 Floor finishing, 105.6.30 Open burning, 105.6.36 Pyrotechnic special effects materials, 105.6.43 Temporary membrane structures, tents and canopies. 2. Chapter 1, Section 105.7 is revised by deleting all construction permits except for: 105.7.1 Automatic fire extinguisher systems, 105.7.4 Fire alarm and detection systems and related equipment, 105.7.5 Fire pumps and related equipment, 105.7.12 Standpipe systems, 105.7.13 Temporary membrane structures, tents and canopies. 3. Chapter 1, Section 108, Board of Appeals is amended to reflect SCC 9.15.112. 4. Chapter 1, Section 109.3 is revised by deleting: "shall be guilty of a [specify offense], punishable by a fine of not more than [amount] dollars or by imprisonment not exceeding [number of days], or both such fine and imprisonment"; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55 " 5. * Chapter 2, Section 201.3 is revised by deleting the references: "International Fuel Gas Code" and "International Plumbing Code" and replacing them with: "Plumbing Code as adopted by 8 ACC 63.010, as amended as of December 6, 2003 and as amended from time to time." 6. * Chapter 2, Section 202, is revised by changing the definition of "Educational Group E, Day Care" to read: "The use of a building or structure, or portion of the building or structure, for education, supervision or personal care services for more than five children who are older than two and one-half years of age, including children related to the staff shall be classified as a Group E occupancy." 7. * Chapter 2, Section 202 is revised by adding a new paragraph between the first and second paragraphs of the definition of"Institutional Group I-1" in "Occupancy Classification" to read: "A facility in this occupancy classification that has occupants who need physical assistance to respond in emergency situations must comply with the International Building Code Section 423." 8. * Chapter 2, Section 202 is revised by adding an exception under the definition of "Educational Group E, Day Care" to read: "Exception: Family child care homes (Group R-3) operating between the hours of 6:00 am. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for (1) smoke detectors/alarms as described in Section 907.2.10, (2) carbon monoxide detectors/alarms as specified in the International Building Code Section 422, (3) means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1025, in napping or sleeping rooms; and (4) portable fire extinguisher requirements as described in Section 906." 9. * Chapter 2, Section 202, first sentence of the last paragraph of the definition "Institutional Group I-1 is revised to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R-3." 10. * Chapter 2, Section 202, second paragraph of the definition "Institutional Group I-2" is revised to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R-3." Page 2 �f.j Sr, 11. * Chapter 2, Section 202, last paragraph of the definition "Institutional Group I-2" is revised to read: "A child care facility that provides care on a 24-hour basis to more than five children who are two and one-half years of age or less, including children related to the staff shall be classified as Group I-2." 12. * Chapter 2, Section 202, second sentence of the definition "Group I-4, day care facilities" is revised to read: "A facility within this occupancy classification with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3." 13. * Chapter 2, section 202, last sentence of the definition "R-3" in "Residential Group R" of "Occupancy Classification" is deleted and the last sentence of the last paragraph of "R-4" in "Residential Group R" of "Occupancy Classification" is revised to delete the reference to International Residential Code. 14. * Chapter 2, Section 202 is revised by adding a new paragraph of the definition of "R-4" in "Residential Group R" of "Occupancy Classification" between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with International Building Code, Section 423." 15. * Chapter 2, Section 202, is revised by the addition of a definition to read: "Service. The annual test, maintenance, or service defined and required by applicable fire protection system maintenance standards set out in Table 901.6.1." 16. * Chapter 3, Section 307.2, Permit required, is revised to read: "Approval. The fire chief of a registered department having jurisdiction, may allow a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application, as required by the chief of that registered fire department, must be presented by the owner of the land upon which the fire is to be kindled before kindling such fire." 17. * Chapter 3, Section 308.3, Open flame, is revised to read: "Open flame. The use of open flame in connection with a public meeting or gathering for the purpose of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the registered fire department having jurisdiction." 18. * Chapter 3, Section 311.1.1 is revised by deleting the reference "International Property Maintenance Code." 19. * Chapter 3, Section 311.5, Placards, is revised by deleting this section. 20. * Chapter 4, Section 401.3, Emergency forces notification, the first sentence is revised to read: "In the event an unwanted fire occurs on a property, the owner or occupant shall immediately report the conditions to the registered fire department having jurisdiction." 21. * Chapter 4, Section 404.2, Where required, is revised by deleting paragraph 1. Page 3 of 13 1�7 22. * Chapter 4, Section 405, is revised by the addition of a Section to read; "405.10 False alarms. False alarms may not be counted as a fire drill for the purposes of Section 405. Emergency evacuation drills." 23. * Chapter 4, Section 407.1, is revised to read: "General. The provisions of Section 407.2 through 407.7 shall be applicable, in the discretion of the chief of the registered fire department that has jurisdiction, where hazardous materials are located on the premises." 24. * Chapter 4, Section 408.3, is revised by the addition of a subsection to read "408.3.5 False alarms. False alarms may not be counted as a fire drill for the purpose of this section." 25. * Chapter 5, Section 503.1.1 is revised to read: `Buildings and facilities. The fire chief of the registered fire department having jurisdiction may require approved fire apparatus roadways for every facility, building, or portion of a building constructed or moved into or within the jurisdiction on or after 9/15/2001. The fire apparatus access roadway must be required to comply with the requirements of this section as determined by the chief of that jurisdiction and be required to extend within 150 feet (45 720mm) of all portions of the facility or building or any portion of the exterior wall of the first story of the facility or building as measured by an approved route around the exterior of the building or facility." 26. * Chapter 5, Section 503.1.1, lead in line to the Exception is revised to read: "Exception: The chief of the registered fire department having jurisdiction may increase or decrease the dimension of 150 feet (45 720mm) where:" 27. Chapter 5, Section 503.1.1 is revised by deleting exception 3. 28. * Chapter 5, Section 505.1, Address numbers, the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require that all new and existing buildings be provided with approved address numbers, building numbers, or approved building identification visible from the street or road fronting the property, or on the street or road if the building is not visible from the street or road." 29. * Chapter 5, Section 505.2, the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require streets and roads to be identified with approved signs." 30. * Chapter 5 is revised by adding section 507.4, Smoke obstruction systems, to read: "Smoke obstruction systems associated with security or burglar alarm systems are not allowed." 31. Chapter 5, Section 508.5.1, is revised to read: "Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 250 feet (76.20 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official." This section is further revised by deleting Exceptions 1 and 2. 32. Chapter 5, Section 508.5.4, is revised by adding a new sentence, "The immediate access area is determined to be an area that measures 15 feet from the outlets of the hydrant." Page 4 41 33. * Chapter 6, Section 603, is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from to time.", and the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 34. * Chapter 6, Section 603.3.1, the last sentence is revised to read: "The storage of fuel oil above ground in quantities exceeding 660 gallons (2498 L) shall comply with NFPA 31 and have a minimum distance to nearest important building by not less than five feet." 35. * Chapter 6, Section 604 of the I.F.C., is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 36. * Chapter 6, Section 604.2.15.2 is revised by the addition of a Section to read: "604.2.15.2.2 Pickup time. The emergency power system must pick up its connected loads within 10 seconds of failure of the normal power supply." 37. * Chapter 6, Sections 605 and 606 are revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 38. * Chapter 7, Section 703.2.3 is revised by adding a new Section 703.2.3.1 to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired from their proper operation at any time. When two or more self -closing fire assemblies within a building have been documented as having been obstructed or impaired during three or more consecutive inspections, the fire code official may order the installation of automatic -closing devices meeting the requirements of subsection 714.2.7.3 of the I.B.C." 39. * Chapter 8, Section 807.1 is revised by adding ", or treated by a method approved by fire code officials" at the end of first paragraph. 40. * Chapter 9, Section 901.4, is revised by adding an Exception to read: "Exception: Buildings temporarily closed due to seasonal operations may have their fire alarm systems deactivate under the following conditions: A. Building is unoccupied; B. Building is properly secured; C. All utilities are disconnected and drained; D. The fire systems are certified as operational before the building is reoccupied; E. A 24-hour a day fire watch as defined in Section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational; F. The fire code official is notified in writing of the closure; and G. A letter from the insurance carrier or, the owner if self -insured, indicating knowledge of the closure is provided to the fire code official." Page 5 of 13 41. * Chapter 9, Section 901.5, is revised to read: "Fire detection and alarm systems, fire - extinguishing systems, fire standpipe systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having jurisdiction as to the installation and location, and are subject to the acceptance test required by the standard in Table 901.6.1 for the system or appurtenance. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief of the registered fire department having jurisdiction, are subject to the acceptance tests as contained in the installation standards and as approved by the chief. The chief must be notified before any required testing, and all results of the tests must be conveyed to the chief within 30 days." 42. * Chapter 9, Section 901.6, is revised by adding a second paragraph to read: "Notwithstanding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows: 1. Annually. Exception: Standpipe systems must be inspected, tested, and serviced every five years; 2. After any use or activation; 3. Any time damage is found; 4. After repair or alteration; 5. When required by the fire code official; 6. After seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and a copy of the acceptance test certificate must be forwarded to the fire code official by the person conducting the inspection or test within 30 days of the inspection or test being completed. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(h), including the building owner or the owner's agent." 43. * Chapter 9, Section 903.2.2, is revised to read: "An automatic sprinkler system must be provided throughout all buildings in Group E occupancies and for every portion of educational buildings below the level of exit discharge. The use of a firewall does not constitute a separate building for the purposes of this section. Exception: Buildings with Group E occupancies having an occupant load of 49 or less. Day care uses that are licensed to care for more than five persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed in accordance with Section 903.3.1.3, or an approved equivalent system." 44. * Chapter 9, Section 903.2.7, is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 and 903.2.7.2." 45. * Chapter 9 is revised by adding a new Section "903.2.7.1 Group R-2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleeping room." Page 6 of 13 46. * Chapter 9 is revised by adding a new Section "903.2.7.2 Group R-4. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area." 47. * Chapter 9, Section 903.3.1.1, is revised by adding a new Section 903.3.1.1.2 to read: "Elevator Hoistways and Machine Rooms. When the provisions of this code requires the installation of automatic sprinkler systems, the installation in elevator hoistways and machine rooms must occur as described in N.F.P.A. 13-2007 Elevator Hoist Ways and Machine Rooms and adopted by reference and the American Society for Mechanical Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 edition) and adopted by reference. Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) separated from the remainder of the building as described in I.B.C. Section 3006.4; (2) smoke detection is provided in accordance with N.F.P.A. 72-2007 and adopted by reference; and, (3) notification of alarm activation is received at a constantly monitored location." 48. * Chapter 9, Section 903.3.5, is revised be deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 49. * Chapter 9, Section 903.3.6, is revised by deleting "the fire code official" and replacing it with "AS 18.70.084." 50. * Chapter 9, Section 903.6, is revised by adding a new Section 903.6.2 to read: "An approved automatic fire extinguishing system must be installed in a Group E occupancy in accordance with Section 903.2.2, as revised, whenever alteration, repairs, or additions are made to an existing structure containing a Group E Occupancy." 51. * Chapter 9, Section 904.3.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 52. * Chapter 9, Section 906.1 is revised by deleting the Exception in number 1. 53. * Chapter 9, Section 907.1.1, is revised by adding the following construction documents to those that must be submitted for plan review: A. System riser diagrams 54. * Chapter 9, Section 907.2.3, is revised by adding a second paragraph to read: " Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.10.1.2. " and by deleting Exception 1. 55. * Chapter 9, Section 907.2.6.1, is revised by deleting Exception 1. 56. * Chapter 9, Section 907.2.10, is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10.1." Page 7p�,1 fJ 57. * Chapter 9, Section 907.2.10.1.3 is revised by deleting the Exception. 58. * Chapter 9, Section 907.17, is revised by adding a new sentence to read: "A copy of the acceptance test certificate must be forwarded to the state fire marshal or the deferred jurisdiction having authority by the firm conducting the test within 30 days of the completion of the installation." 59. * Chapter 9, Section 909, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 60. * Chapter 9, Section 910.1 is revised by deleting Exception 2. 61. * Chapter 9, Section 912.5, is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as Adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 62. * Chapter 10, Section 1001.1, is revised by adding the following words to the last sentence ofthe Exception: "as governed by the provisions of AS 18.70.080." 63. * Chapter 10, Section 1007.3 is revised by deleting Exception 3. 64. * Chapter 10, Section 1009 is revised by adding the following: Exception: 5. "Stairs or ladders used only to attend equipment are exempt from the requirements of this section." 65. * Chapter 10, Section 1009.5.2 is revised by adding ", snow or ice" after "water." 66. * Chapter 10, Section 1010.7.2 is revised by adding ", snow or ice" after "water." 67. * Chapter 10, Section 1013.3 is revised by deleting Exception 5. 68. * Chapter 10, Section 1019, is revised by adding an Exception to read: "Exception: Basements or the first level below the first story in all occupancies except Group R-3, used exclusively for the service of the building, may have access to only one exit. Any other use of the basement or first level below the first story must have at least two exits arranged in accordance with Section 1015.2. For purposes of this Exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building." 69. * Chapter 10, Section 1026 is revised by deleting Exceptions 1, 2, 3, 4, and 7. 70. * Chapter 10, Section 1027.5 is revised by deleting the exception under paragraph 1. 71. * Chapter 11, Section 1102.1 first sentence of the definition "Airport" is revised to delete the words "with an overall length greater then 39 feet (11887 mm) and an overall exterior fuselage width greater then 6.6 feet (2012 mm)." 72. * Chapter 11, Section 1103.5, last sentence, is revised to read: "Aircraft motor vehicles fuel - dispensing stations shall be in accordance with "Chapter 22 of the I.F.C. and N.F.P.A. 407 (2007 edition), and adopted by reference." 73. * Chapter 11, Section 1105 is revised by deleting Section 1105.8. Page 8 of 13 74. *Chapter 11, Section 1106.1, is revised to read: "Aircraft motor vehicle fuel -dispensing stations shall be in accordance with Chapter 22 and N.F.P.A. 407 (2007 edition), and adopted by reference." 75. * Chapter 11, Section 1106.3, is revised by the addition of an Exception to read: "Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: A. The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the tank capacity; B. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose; C. Electrical bonding is provided as required under Section 1106.3.7." 76. * Chapter 11, Section 1106.03.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 77. * Chapter 12, Section 1204.2.3, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 78. * Chapter 14, Section 1403, is revised by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 79. * Chapter 14, Section 1404.7, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 80. Chapter 14, Section 1407.1, is revised by adding "and Seward City Code Chapter 9.15, Article 3." 81. Chapter 14, Section 1407.2, is revised by adding "and Seward City Code Chapter 9.15, Article 3." 82. * Chapter 15, Section 1503, is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 83. * Chapter 15, Section 1504.6.1.2.2, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 84. * Chapter 16, Section 1604.5, is revised (1) by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time", and (2) by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." Page 9 of 13 113 85. * Chapter 17, Section 1703.2.1, is revised by deleting the references "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 86. * Chapter 18, Section 1803, is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 87. * Chapter 19, Section 1903.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 88. * Chapter 20, Section 2004.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 89. * Chapter 22 is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025 as amended as of June 14, 2006 and as amended from time to time." 90. * Chapter 22, Section 2206.2.3, is revised by adding an item (5) to read: "5. Approved above- ground atmospheric tanks may be used without special enclosure or fire rating if the following criteria are met: A. Tanks must be located as required for "Other Tanks" by Table 2206.2.3; B. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite side of the enclosure. Each gate must be at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence." 91. * Chapter 22, Section 2206.7.7.1, is revised by adding an Exception to read: "Exception: A leak detection device is not required if the underground piping is extra -heavy wall steel with all welded joints, dielectric coating, and cathodic protection." 92. * Chapter 22, Section 2211.2.3, is revised by adding a sentence to the first paragraph to read: "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." 93. * Chapter 24 is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 94. * Chapter 24, Section 2403.12.6.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 95. * Chapter 26, Section 2606.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AC 70.025, as amended as of June 14, 2006 and as amended from time to time." Page IOff. 11 96. * Chapter 27 is revised by deleting the references to the "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 97. * Chapter 27, Section 2701.6, is revised to read: "Documentation. The fire chief of the registered fire department having jurisdiction may require the documentation of the closure plans for the termination of the storage, use, or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include as approved facility closure plan in accordance with Section 2701.6.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections 2701.5.1 and 2701.5.2." 98. * Chapter 27, Subsection 2704.2.2.6, is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 99. * Chapter 30 is revised (1) by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; and (2) by deleting the references "ICC Electrical Code" and replacing them with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 100. * Chapter 32 is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 101. * Chapter 33, Section 3301.1, is revised to insert "and AS 18.72" after "The provisions of this chapter." 102. Chapter 33, Section 3301.1.1, is revised to read: "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and N.F.P.A. 495 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials." 103. * Chapter 33, Section 3301.1.3, is revised, with the exceptions remaining, to read: "The manufacture, storage, sale, handling and use of fireworks is prohibited except as allowed in this section and AS 18.72." 104. *Chapter 33, Section 3301.1, is revised by adding anew Section 3301.1.1.6 to read: "Transportation. Explosive materials must be transported in accordance with 49 C.F.R. Parts 100- 185, revised as of October 1, 2002. No person may sell fireworks, possess, or transport fireworks for sale, conduct a fireworks display described in paragraph I I I of this section, or possess, transport or test dangerous fireworks for such a display, unless the person holds a valid permit or license under this section, and the activity is conducted in accordance with AS 18.72 and this chapter." 105. Chapter 33, Section 3301.2 is revised to read: "Permits shall be required as outlined in Seward City Code, Chapter 9.15, Article 3." 106. *Chapter 33, Section 3301.7, is revised by adding the words "or AS 18.72." Page 11 of 13 i.15 107. * Chapter 33 is revised by deleting Sections 3301.2.4 Financial Responsibility and 3301.2.4.2 Fireworks display. 108. * Chapter 33, Section 3301.2.2, is revised by deleting the words "explosives, explosive materials, or fireworks" and inserting in their place "explosives and explosive materials." 109. * Chapter 33, Section 3308 is revised by re -titling the section "FIREWORKS RETAIL SALES AND DISPLAYS." 110. *Chapter 33, Subsection 3308.6, is revised adding anew Section 3308.6.1 to read: "Mortar construction. Mortars must be constructed of paper, high density plastic pipe, or metal other than cast iron." i l 1. Chapter 33, Section 3308.11, is revised to read: "The retail display and sale of fireworks shall be prohibited within Seward City Limits." 112. *Chapter 34 is revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 113. *Chapter 34, Section 3404.3.5.1 is revised by deleting this section. 114. *Chapter 34, Section 3406.3, is revised by adding a second sentence to read: "This Section does not apply to offshore oil platforms." 115. *Chapter 35, Section 3501, is revised by adding anew Section 3501.3 to read: "3501.3 Plan review. Where a single container is over 500-gallon (1892.7 L) water capacity or the aggregate capacity of containers is over 500-gallon (18923 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027." 116. *Chapter 36 is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 117. *Chapter 37, Section 3704.2.2.8, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 118. *Chapter 38 is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 119. *Chapter 45 is revised by changing the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference: N.F.P.A. 10-2007 Portable Fire Extinguishers N.F.P.A. 12-2005 Carbon dioxide extinguishing systems; N.F.P.A. 12A-2004 Halon 1301 fire extinguishing systems; N.F.P.A. 13-2007 Installation of Sprinkler Systems; N.F.P.A. 13D-2007 Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes; N.F.P.A. 13R-2007 Installation of Sprinkler Systems in Residential Occupancies Up to and Page 12 of 13 Including Four Stories in Height; N.F.P.A. 14- 2007 Standpipe and Hose Systems; N.F.P.A. 20-2007 Installation of Stationary Pumps for Fire Protection; N.F.P.A. 72- 2007 National Fire Alarm Code; N.F.P.A. 720-2006 Standard on Installation of Carbon Monoxide Warning Equipment in Dwelling Units; N.F.P.A. 750- 2006 Standard on Water Mist Fire Protection System; N.F.P.A. 2001-2004 Clean agent fire extinguishing systems 120. Appendix A, Board of Appeals, is adopted and revised to read: "A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications to the International Fire Code. The procedure for the board of appeals is established in Seward City Code, Chapter 9.15, Article 1, Section 9.15.112." The remainder of Appendix A is deleted. 121. Appendix B, Fire Flow requirements for buildings, is adopted. 122. Appendix C, Fire Hydrant Locations and Distribution is adopted. 123. Appendix D, Fire Apparatus Access Roads is adopted. (c) The City of Seward shall possess these copies of the city designated edition of the International Fire Code for public use, inspection, and examination. Section 3. Section 9.15.112 Uniform Fire Code- Enforcement, appeals is amended to read "International Fire Code — Enforcement, appeals". Section 4. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 28th day of April, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Page 13jof Council Agenda Statement Meeting Date: April 14, 2008 To: Mayor and Council Members Through: Philip Oates, City Manager W_V From: David Squires, Fire Chief Agenda Item: Adoption of the 2006 International Fire Code BACKGROUND & JUSTIFICATION: As of September 13, 2007, the State of Alaska has adopted the 2006 edition of the International Fire Code (IFC). To be consistent and thereby maintain our agreement with the State, the City of Seward should also adopt the 2006 IFC. I have listed the revisions made by the State and have also included the suggested local revisions for consideration. The items marked with an asterisk are revisions made by the State and are items that Council cannot change. In general, there are no significant changes from the adopted 2000 IFC to the proposed 2006 IFC. However, please note that the City of Seward has adopted more permits, three additional NFPA Standards and is restricting the sale and use of fireworks. Administration encourages the Council to adopt the 2006 International Fire Code, by amending Seward City Code Title 9, Section 9.15, Article 1, Section 9.15.111. Administration is asking Council to modify SCC Section 9.15.112, which refers to the Uniform Fire Code and replace the language "Uniform Fire Code" with "International Fire Code". CONSISTENCY CHECKLIST: Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: N/A Approved by Finance Department: � RECOMMENDATION: City Council approves Ordinance # adopting the 2006 International Fire Code, as revised and modifying SCC section 9.15.112 replacing all references to the Uniform Fire Code with the International Fire Code and making it effective within ten (10) days after adoption. 3 Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.021, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE (IRC), INCLUDING REVISIONS WHEREAS, the City of Seward currently administers the 2000 IRC; and WHEREAS, the most recent IRC is the 2006 edition; and WHEREAS, it is important to remain current for the purpose of recognizing new building techniques and materials; and WHEREAS, because the current 2006 IRC is the most commonly used industry standard by architects and engineers, our citizens will benefit from more efficient and cost-effective design services if the City of Seward adopts this edition; and WHEREAS, the City of Seward has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions and to set local fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The Seward City Code Section 12.05.021 is deleted in its entirety and replaced with the following: 12.05.021 International Residential Code Adopted. A. The International Residential Code, 2006 Edition, approved and published by the International Code Council (Consisting of the Building Officials Code Administrators (BOCA); the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International, Inc. (SBCCI)), is hereby designated and shall be known as the Seward residential code and shall constitute the laws of the city relating to residential building regulation. Although not published in full in this section, all of the provisions of the International Residential Code, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section except to the CITY OF SEWARD, ALASKA ORDINANCE 2008-012 extent that the International Residential Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Residential Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The International Residential Code (IRC) is adopted to regulate all residential occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the International Residential Code adopted and incorporated as the Seward residential building code by this section. D. The International Residential Code, 2006 Edition, adopted in Subsection A of this section, is hereby amended by adopting the following revisions and exceptions to the I.R.C.: (1) Chapter 1, Section R101.1, of the I.R.C. is revised by inserting "City of Seward" as "name of jurisdiction." (2) Chapter 1, Section R102.7, of the I.R.C. is revised by deleting the words "the International Property Maintenance Code or". Table 1-A TABLE 1-A BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for each additional $1000.00, or fraction thereof, to and including $25,000.00. Pa CITY OF SEWARD, ALASKA ORDINANCE 2008-012 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each $1,000.00, or fraction thereof. ier Inspections and Fees 1. Inspections outside of normal business v 2. Inspections for which no fee is specifically indicated. 3. Additional plan review required by changes, additions or revisions to plans (minimum charge - one-half hour). 4. For use of outside consultants for plan checking and inspections, or ........................................$47.00 per hour ............................. ......... $47.00 per hour ........................................$47.00 per hour ........................................Actual Costs (3) Chapter 1, Section R103, of the IRC is revised by replacing the existing title "DEPARTMENT OF BUILDING SAFETY" with "DUTIES AND POWERS OF THE BUILDING OFFICIAL". (4) Chapter 1, Section R103.1 CREATION OF ENFORCEMENT AGENCY, is revised by deleting the entire paragraph and title and replacing it with "GENERAL. The official in charge of enforcing the provisions of this code will be known as the Building Official. The Building Official 3 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." (5) Chapter 1, SectionR105.3.1.1, SUBSTANTIALLY IMPROVED OR SUBSTANTIALLY DAMAGED EXISTING BUILDINGS AND STRUCTURES, is revised by deleting "Table R301.2 (1)" and inserting the words "City of Seward Ordinance Section 9.15.140." (6) Chapter 1, Section R106.1.3, INFORMATIONAL FOR CONSTRUCTION IN AREAS PRONE TO FLOODING, is revised by deleting "Table R301.2(1)" and inserting the words "City of Seward Ordinance 15.25". (7) Chapter 1, Section R107, TEMPORARY STRUCTURES AND USES, is deleted in its entirety. (8) Chapter 1, Section R108.2, SCHEDULE OF PERMIT FEES, is amended by deleting all after "in accordance with " and inserting the words " Table 1-A, Building Permit Fees" and inserting Table 1-A in the text. (9) Chapter 1, Section R111, SERVICE UTILITIES, is deleted in its entirety. (10) Chapter 1, Section R112.1 GENERAL, is amended by adding the words "consisting of the City Council of the City of Seward." after the words "hereby created a board of appeals." The period after the word "appeals" is deleted and the third sentence starting with the words "the board of appeals shall...." is deleted in its entirety. (11) Chapter 1, Section R112.3, QUALIFICATIONS, is amended by deleting the entire paragraph and title. (12) Chapter 3, Table R301.2(1), CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA, TABLE R301.2 (1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Add the following information in the table: Roof Snow Load 80 psf Wind Speed 100 mph Seismic Design Category E 0 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 Weathering Frost Line Dept Termite Winter Design Temp. Ice Barrier Underlayment required Flood Hazards Air Freeze Index Mean Annual Temp. Decay Severe 42 inches None — Slight -20 Degrees F Yes Yes, see Flood Hazards Maps 1673 39 Degrees F Slight — Moderate (13) Chapter 3, Section R301.2.2.1.1 ALTERNATE DETERMINATION OF SEISMIC DESIGN CATEGORY. Delete paragraphs R301.2.2.1.1, R301.2.2.1.2, R301.2.2.2, and table 301.2.2.1.1 and replace with the following: "The seismic design category for Seward shall be E." (14) Chapter 3, Section R309.1 OPENING PROTECTION FOR FIRE RATINGS FOR ATTACHED GARAGES. Add a third sentence which reads "All openings must be smoke- gasketed and self -closing." (15) Chapter 3, Section R309.2 SEPARATION REQUIRED is amended by deleting all words after ".....and its attic area by" and replacing them with "a one -hour occupancy separation." (16) Chapter 3, Section R309.2 SEPARATION REQUIRED is amended by replacing 1/2 inch gypsum board with 5/8 inch Type Z gypsum board in all locations within section. (17) Chapter 3, Section R310.1 EMERGENCY ESCAPE AND RESCUE REQUIRED is amended by numbering exception in the IRC Code 1. and adding exception number 2: 2. Where windows are provided as a means of escape or rescue in abasement, they shall have a finished sill height of not more than 48 inches above the finished floor." (18) Chapter3, Section R317.2 Townhouses, add to the end of the second to the last sentence, "... in accordance with the NEC as adopted by the State of Alaska and as amended from time to time." (19) Chapter 3, Section R318.1, MOISTURE VAPOR RETARDERS, is amended by adding the words "...having a perm rating of 0.06 (equivalent to 6 mils polyethylene sheeting) or other material approved by the Building Official' after the words "....a vapor retarder" and before the words "shall be installed..." 5 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (20) Chapter 3, Section R319.3, FASTENERS is amended by deleting the exception. (21) Chapter 3, Section R324.1 GENERAL is amended by replacing the words "Table 301.2(1)" with the words "City of Seward Flood Zone Maps" in the first sentence and in the Exception. (22) Chapter 3, section R324.1.6 PROTECTION OF WATER SUPPLY AND SANITARY SEWAGE SYSTEMS, In the last sentence, delete all after "plumbing provisions of this code" and insert a period after "code". (23) Chapter 3, Section R324.1.8 MANUFACTURED HOUSING, is amended by replacing the words "by Table 301.2(1)" with the words "by the City of Seward Flood Zone Maps" (24) Chapter 3, Section R325 CARBON MONOXIDE DETECTORS Add new Section: Add new section: At least one carbon monoxide detector shall be installed on each floor level. If a floor level contains bedrooms, at least one detector shall be located in the immediate vicinity but outside of the bedrooms. Carbon monoxide detectors shall be listed and installed in accordance with their listing. Combination carbon monoxide/smoke detectors are acceptable as long as they meet all requirements. Exceptions: 1. Carbon monoxide detectors are not required in dwelling units that have no combustion appliances and that do not have an attached garage. 2. Carbon monoxide detectors are not required in dwelling units that have only direct vent combustion appliances and that do not have an attached garage. (25) Chapter 3, Section R325.1 INTERCONNECTION Add new subsection: In new construction, carbon monoxide detectors shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. (26) Chapter 3, R325.2 POWER SOURCE Add new subsection: In new construction, carbon monoxide detectors shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery back-up. Wiring shall be permanent and without disconnecting switch other than those required for overcurrent protection. In existing construction, carbon monoxide Z CITY OF SEWARD, ALASKA ORDINANCE 2008-012 detectors shall be permitted to be battery powered or cord -and -plug type with battery back- up. (26) Chapter 4, Section R401.1 APPLICATION is amended by deleting the third sentence and Exception 1 and 2 in their entirety. Exception 2 is renumbered to exception 1. The last paragraph of the Section is deleted. (27) Chapter 4, Section R402.1 WOOD FOUNDATIONS is deleted in its entirety (28) Chapter 4, Section R403.1 GENERAL, is amended by deleting the words "wood foundations" after ".concrete foundations," in the first sentence. (29) Chapter 4, Section R403.1.1 MINIMUM SIZE, is amended by deleting the last sentence beginning with the words "Footings for wood foundations....." (30) Chapter 4, Section R403 FOOTINGS, is amended by deleting Figures R403.1 (1), R403.1 (2), and R403.1 (3). (31) Chapter 4, Section R403.1.3 SEISMIC REINFORCING, by deleting the Exception. (32) Chapter 4, R403.1.3.2 SLABS -ON -GROUND WITH TURNED -DOWN FOOTINGS, is amended by adding the words "will be allowed for Detached Garages and Outbuildings, and" after the words ".....turned down footings" and before the words "shall have a minimum of......." (33) Chapter 4, R403.1.4 MINIMUM DEPTH, is amended by changing "12 inches (305 min)" in the last sentence to "18 inches (457 mm)". (34) Chapter 4, Section R403.1.6, FOUNDATION ANCHORAGE, is amended by deleting the first four sentences of the second paragraph ending with "...masonry or concrete." Refer to R404.3 FOOTINGS in the local amendments. (35) Chapter 4, Section R403.3. FROST PROTECTED SHALLOW FOUNDATIONS is deleted in its entirety. (36) Chapter 4, Table R403.3 (1), MINIMUM INSULATION REQUIREMENTS FOR FROST -PROTECTED FOOTINGS IN HEATED BUILDINGS, is deleted in its entirety. (37) Chapter 4, Section R404.1.1, MASONRY FOUNDATION WALLS, is deleted in its entirety. 7 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (38) Chapter 4, Section R404.1.2, CONCRETE FOUNDATION WALLS, is deleted in its entirety. (39) Chapter 4, Section R404.1.3, DESIGN REQUIRED is deleted in its entirety. (40) Chapter 4, Section R404.1.4 SEISMIC DESIGN CATEGORIES DI AND D2, is deleted in its entirety. (41) Chapter 4, Table R404.1.1 (1), PLAIN CONCRETE AND PLAIN MASONRY FOUNDATION WALLS, is deleted in its entirety. (42) Chapter 4, Table R404.1.1 (2), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (43) Chapter 4, Table R404.1.1 (3), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (44) Chapter 4, Table R404.1.1 (4), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (45) Chapter 4, Sections R404.1.5 thru R404.2.6, including Table R404.2.3, dealing with wood foundations are deleted in their entirety. (46) Chapter 4, Section R404.3, WOOD SILL PLATES, Delete paragraph and substitute with the following: Wood sill plates shall be minimum 2-inch x by 6-inch and shall be bolted to the foundation or foundation wall with not less than ten (10) inch by five -eights (518) inch nominal diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in fully grouted cells of reinforced masonry and spaced not more than four (4) feet zero (0) inches apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece. Wood sill plates must be treated material specified in Section R319.1. (47) Chapter 4, Section R404.3.1 is created, REINFORCED CONCRETE. 1. The minimum reinforcement for reinforced concrete shall be as follows: 91 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 12" Walls #4 @ 12" o.c. each face horizontal #4 @ 18" o.c. each face vertical 8" Walls #4 @ 10" o.c. horizontal #4 @ 16" o.c. vertical 10" Walls #4 @ 8" o.c. horizontal #4 @ 12" o.c. vertical 6" Walls #4 @ 12" o.c. horizontal #4 @ 18" o.c. vertical 2. Reinforced concrete walls shall be anchored to all floors and roofs in accordance with Chapter 16 and 19 of the International Building Code, 2000 edition. 3. All intersecting reinforced concrete walls shall be tied together. 4. All interior and exterior concrete walls shall be reinforced. 5. All structural members framing into or supported on concrete walls or columns shall be anchored. ALTERNATE REINFORCEMENT FOR CONCRETE WALLS 6" Walls )#4 @ 12" hor. #3 @ 8" hor. #5 @ 13" hor. #4 @ 18" vert. #3 @ 12" vert. #5 @ 18" vert. 8" Walls )#4 @ 10" hor. #3 @ 5 1/2" hor. #5 @ 15" hor. )#4 @ 16" vert. #3 @ 9" E.F. vert. #5 @ 18" vert. 10" Walls )#4 @ 8" hor. #3 @ 9" E.F. hor. #5 @ 12" hor. #4 @ 12" vert #3 @ 15" E.F. vert. #5 @ 18" vert. 12" Walls )#4 @ 12" E.F. Hor. #3 @ 7 1/2" E.F. hor. #5 @ 18" E.F. hor. #4 @ 18" E.F. vert. #3 @ 12" E.F. vert. #5 @ 18" E.F. vert. (E.F. -Each Face) (48) Chapter 4, Figure 404-31, TYPICAL FOUNDATION AND FOOTING DEPTH, is added as shown: CITY OF SEWARD, ALASKA ORDINANCE 2008-012 TYPICAL EXTERIOR INTERIOR PONY WALL INTERIOR PONY WALL FOUNDATION ON FOOTING ON CONCRETE FLOOR YM1ear .all epye aY Y Rm 1< <ul .nnn ex�p.. eep,lwr�l !' paurw O u IpurxNlbn M\\. la' <aY rpWr<vaYMn vNl Wpperh J Ilo=n ar enry"nm<d E<Man wylYW. s• e� cYr nm=a n<. s .ar O <e" ./ Pw [ w(e <V�wweel n Isf Itll a oN xm w amww er pl :am pwY nYu wr <nolnew ImYm �-Yea p4 1s' Ye<Xnum S llllnmtl=I fill wl«e. iwiEa Iereue NWw pr YnO�MME ntlrKM regale«. JJI515 1. — (49) Chapter 4, Figure 404-31, TYPICAL PONY WALL FOR SPLIT LEVEL, is added as shown: 2.6 duds, exterior sheathing. shear wall edge nail per engineer, minimum Bd ® 6" dc. bottom Opts nail per engineer minimum 3-"6d per 16" B" poured or cmu foundation wall, 2X treated hem -fir sill with sill sealer - t9 icker 5i:1 10 weft required when wal{ suaports required `or some nailing patterns (cedar can be engineered design required. 3 floors or engineere used when sheer .,It edge ra'Iing and anchor bait spacing are designed for ..do,). -+�- g" ml=in R-1 & commercial: 5/8x10 goly. ancha, bolts 1D 6� w/ 7" embed 0 48" oc 2x2x3/16 plote washers, duplex: 5/9x10 bolts Single family & gale, anchor w/ 7" embed.® 48" oc. a 5 rebar continuous OWN- vertical no. 5 rebar ® 32" oc, horizontal no. 5 rebar 48 oc. 40 bar diameter splices. Maximum 5' tlltferentiol fill between inside versus Poured: vertical no. 5 rebar 0 18" 42" utside or engineered restraint requtrea. oc , horizontal na. 5 rebar 0 15" o ar per Handout 16. 12" lap splices. —y 15# felt 2 ply hot mop -�-'- or bituthane or apyoved water proof bottom or t0^ footing to above grade " J 1/2" slab minimum 1L�{g^—�/--3" f2) na. 5 .bar continuouspli, cover aad 12" sce, oo Hk /I as required. 10 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (50) Chapter 4, figure 404-37, TYPICAL BASEMENT FOUNDATION WALL, is added as shown: 11 A. 4. CITY OF SEWARD, ALASKA ORDINANCE 2008-012 DO NOT 3ACKEIL_ ABOVE A' UNTIL BLOCKING, FRAMING ANCHORS & PLYWOOD NAILS ARE INSTALLED. mrpcie n x enginfer %—min�mu ,]-1Bv per Ifi aM1mr a .45o nail Ne nm ,a 'I tonne n p.. n9im -l0a Wr aeealM1inq �lo i 1- a<xlnP ' oaf � plum W04an gmtle� 6� �plx't J ecys O Ifi' pt wn x Dcrenel a teeeeeuvo00:ell, ' �a.4 I6' c eiale 6' [Isar !co .ce^ m.. am. Po�part]kub. loelauroclicn w ire l.mrce n.m-r. .e� (<.aar ,p.ir.. sal. a eq. ne6mq m a gm..ng7. af0 iW^lotan�\ /n' qar. .cn.. Hale a 1P F117 F1 enlPlN a. S Id Ear anmxx ep wee I, LJ LLL 111 _ +be lose 1!.I I.II R PINV ne! meP Peu.M. Wrlicc. n x Ig' v c P• G:WIfKK. Dmmc ruler ercul eotoDm of leeelq M1wi<unlX m , O '. 6' o er ppr cneeu. I6. J6"<apli .. I Pv. r.in a. m naJe Ip G•'el.vrllorepwv x.. n.am U < r `I eS '/z• � ..II m. <m,. ./ <ee q,ow eke. �:la e � rer.nona� »»li fo'p.al read .e .n.e . I rwpem r,.. mdm,q gmnwo. ep<x mr--� s neer. e. p.ay.i. rcgu�ee m.m mmb �....... nom D 3 xs pees reylu. X ..e+lr.o. (3J rw. 5 <vn uou 19• kp .PIG. 1' eWE ./ WYF6M-1 �. �6 mll, rl.euer. Eeb. alo 1' vmin Ilk yr ux [.eobtl flll. for Inl. D.Kerel.e,e'cO10� _. (51) Chapter 4, Section R406.3.2, BELOW GRADE MOISTURE BARRIER, delete the existing paragraph and substitute the following: "Foundation walls located below grade shall be dampproofed with either 2-ply of 15 lb. Hot -mopped felt, or 1-ply of 30 lb hot -mopped felt or other approved materials." (52) Chapter 4, Section R408.6, FINISHED GRADE, is deleted in its entirety. (53) Chapter 6, Section R602.3.2, TOP PLATE, delete exception. (54) Chapter 6, Section R602.6, DRILLING AND NOTCHING - STUDS, is amended by deleting R602.6, R602.6.1, and referenced tables in their entirety, and adding a paragraph to read: "All studs in shear walls, bearing walls or exterior walls containing plumbing drains and vents shall be a minimum of 6" nominal width unless otherwise approved." (5.5) Chapter 7, Section R703.8, FLASHING, is amended by deleting Items 1 and 4. (56) Chapter 8, Section R802.10.3, BRACING, is amended by adding the following details and verbiage to the section: 12 1 V � CITY OF SEWARD, ALASKA ORDINANCE 2008-012 ,,,I r Lyl 1 0;:JJ •<<,;r.F,_ IN GVElt, ,-'At.,. ,^rl_I1 ,Ia rakFEE :,I--, :. t n ., F, ALES A7 T'__:%^ T,,.J'I AITFRtrj,JE FiAI H 1T FLil!,:I. WITH 3 f R, MUFF4rAP,i TFF H,_AF AT —1 ^.F., `�j,AGI. WIiH �'. Al': FAF �.iC>F F•,—• iIJ T Tl Ti.--,4: PARTIP.I_ HF-i, fT SIs : K NW-J. RV_,I: R /JF 14AI H. I::U N IJi7F"F iI. IN!', ck4.I HfIG-1 s-C,k CEk T11{ DEs6_rq_P +i"Pll;7A 93 C--" 4 _.I BPTIO dj I ;:tl;. H",L LILHI P L3LCulR. A Hf <i �1=13 111_.v .--i FEO!nRCD SNF*ERE THE Rn" ?:^T I+ _tCEED IZ 111t7L "HI 12n^I ,40Al NIPS o?I i,:!Illf "C li i t J J(: Ki1' ArASHE T",,"d"; WIT Pat, FnT IIC, IHW4 17F PIr.. n JY 4,10 1 F� CAF 1 I" 4Wr IF I A" -I F+ "S5 I ELIJE 1 1 dE RIF, 11P HANIW)tIC FJ " Ih IPJ IF01 P"I `V 1� I t SLBkt f"YP u6 i[C ":AG SHf AD�I",C Ii "lit ,4-:1;1C; PCfc ? P[P EE,I -NEP Mir4 MUM 8 tb.l M 'i ,HEAR.ALL U1EU 471t "d Uhl ' �/ ♦ 4 Eli[,�Illi OfF , .gi ffC- c _fC) vALL Fr.h "L ;HEAD: -'AAI�I' F11ii'Y R0,i Ik111 OPTION 3- THIS CONFIGURATION MAY BE USED IN LIEU OF FULL HEIGHT BLOCKS ABOVE EXTERIOR WALLS FOR TRUSSES WITH HEELS OF 11 1/4". 6" MAX — 2" BD 0 4` OC. MAX. TIGHTER NAILING—-, PATTERNS REQUIRE ENGINEERED DESIGN. 1 C� NAIL SHEATHING TO BLOCKING PER SHEAR WALL SCHEDULE. MIN. ad 4g 6" DC. 2X BLOCK 2X4 MAX. TRUSS UPLIFT CONNECTION PER DESIGNER OR HANDOUT RD.12 -PARTIAL HEIGHT 2X BLOCK MIN. 2X10 FOR A 11 1/4" HEEL CONNECT TOP PLATES TC BLOCK PER SHEAR WALL SCHEDULE / DESIGNER WALL Other configurations may be deemed acceptable when supported by calculations. (57) Chapter 8, Section R806.1, VENTILATION REQUIRED, is amended by adding the following sentence to the end of the paragraph: "A non -ventilated roof system may be allowed as an alternate method when its design 13 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 is approved by the Building Official." (58) Chapter 8, Section R806.2, MINIMUM AREA, is amended by revising the first sentence of Section R806.2 by replacing the phrase, "except that reduction of the total area to 1 to 300, is permitted, provided that", with the word "and". Delete the last sentence of R806.2. (59) Chapter 8, Section R806.4, CONDITIONED ATTIC ASSEMBLIES, is deleted in its entirety. (60) Chapter 8, R807.1, ATTIC ACCESS, is amended by adding the following: "Attic access shall not be located in a room containing bathing facilities. Access may be located in closets with minimum depth of 23 inches and minimum width of 48 inches." (61) Chapter 9, R903.4, ROOF DRAINAGE, is amended by adding the following sentence: Roofs and gutter downspouts shall not create a water flow that damages neighboring properties (62) Chapter 9, R905.2.1 SHEATHING REQUIREMENTS, is amended by deleting the words, "Asphalt shingles" and replacing with "The roof covering" (63) Chapter 9, Section R905.2.2 SLOPE, is amended by deleting the entire section and replacing it with the following: "Asphalt shingles shall only be used on roof slopes of three units vertical in 12 units horizontal or greater. Underlayment shall be in accordance with Section R905.2.7 and ice protection shall be in accordance with R905.2.7. L" (64) Chapter 9, Section R905.2.4, ASPHALT SHINGLES is amended by adding the following sentence to the end of the paragraph: "Asphalt shingles shall have a minimum weight of 235 lbs per square." (65) Chapter 9, Section R905.2.7, UNDERLAYMENT APPLICATION, is amended by deleting the paragraph and replacing it with the following: "For roof slopes from 3 vertical units in 12 horizontal units (3:12) up to and including 4 vertical units in 12 horizontal units (4:12), underlayment shall be two layers of non -perforated Type 15 felt applied shingle fashion, underlayment shall be 14 132 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 installed starting with a 19 inch lap over ice protection. Each subsequent sheet shall be lapped 19 inches horizontally, continuing to the ridge, fastened sufficiently to hold in place. For slopes greater that 4 units vertical in 12 units horizontal (4:12) underlayment shall be one layer of Type 15 felt. Underlayment shall be installed starting with 4- inch lap over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1. (66) Chapter 9, Section R905.2.7.1, ICE BARRIER, amend section by deleting from the paragraph the words "......of at least two layers of underlayment cemented together or...." or amend by changing the dimension at the end of the paragraph from 24 inches to 36 inches. (67) Chapter 9, Section R905.2.8, FLASHING, is amended by adding the following at the end of the paragraph: "Flashing shall be no less than 4 inches by 4 inches in width." (68) Chapter 9, Section R905.2.8.2 VALLEYS, is amended by deleting items 1, 2, and 3. Refer to R903.1. (69) Chapter 9, Section 905.3.3.1, LOW SLOPE ROOFS, is amended by deleting the words "...... underlayment shall be a minimum of two layers underlayment applies as follows:" and replace with: "......underlayment shall be ice and water shield covering the entire roof." Delete Items 1 and 2. (70) Chapter 9, Section R905.3.3.2, HIGH SLOPED ROOFS, is amended by deleting the words "......parallel to and starting from the eaves and lapped 2 inches (51mm), fastened sufficiently in place" and replacing with: "....lapped 4 inches over ice protection. Lap subsequent layers 2 inches horizontally and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently in place. Ice protection shall be in accordance with R905.2.7.1" 15 33 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (71) Chapter 9, Section R905.4, METAL ROOF SHINGLES, is amended by deleting subsections R905.4.1 through R905.4.3 and referring to R905.2.1, R905.2.2, R905.2.7 and R905.2.7.1. (72) Chapter 9, Section R905.5, MINERAL -SURFACED ROLL ROOFING, is amended by deleting subsections R905.4.1 through R905.5.3. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (73) Chapter 9, Section R905.6, SLATE AND SLATE -TYPE SHINGLES, is amended by deleting subsections R905.6.3. Refer to R905.2.7 and R905.2.7. I. (74) Chapter 9, Section R905.7, WOOD SHINGLES, is amended by deleting subsections R905.7.1 through R905.8.3. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (75) Chapter 9, Section R905.8, WOOD SHAKES, is amended by deleting subsections R905.8.1 through R905.7.3. Refer to R905.2.1; R905.2.2; R9052.7 and R9052.7.I. (76) Chapter 9, Section R905.9.1, SLOPE, is amended by deleting the words: "...except for coal - tar built-up roofs, which shall have a design slope of a minimum one -eighth unit vertical in 12 units horizontal (1-percent slope)" (77) Chapter 9, Section R905.10, METAL ROOF PANELS, is amended by deleting subsections R905.10.1 through R905.10.2. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (78) Chapter 9, Section R905.10.2, SLOPE is amended by adding the following to the end of the paragraph: "Install underlayment under all metal roof panels. Underlayment shall be one layer of Type 15 felt. Underlayment shall be installed, starting with 4-inch lap -over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4-inch vertically to shed water continuing to the ridge. Fasten sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1" (79) Chapter 11, ENERGY EFFICIENCY, is amended by deleting the chapter in its entirety and replace it with the following: "Chapter 11, Energy Efficiency. All one- and two-family dwellings and townhouses 16 J CITY OF SEWARD, ALASKA ORDINANCE 2008-012 shall comply with the following insulation standards." Minimum Insulation R-Value [(hrft2degF)Btu] Minimum Ceilings Walls Basement Crawlspac Exposed Glazing Walls a Walls Floors U-Factor Above Grade (Cantileve red Floors) Minimum 0.35 R-38 R-19 R-19 R-19 R-30 R-Value (80) Chapters 12 to 38 are deleted in their entirety. (Mechanical and Plumbing) (81) Chapters 39 to 42 are deleted in their entirety. (Electrical) Section 3. This ordinance shall take effect ten days after enactment. ENACTED by the City Council of the city of Seward, Alaska, this th day of. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk 17 Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates W From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Residential Code BACKGROUND & JUSTIFICATION: The City of Seward currently administers the 2000 International Residential Code. Every three years the International Residential Code is approved and published by the International Code Council. The most recently published IRC is the 2006 edition. The Building Department supports adopting the 2006 edition of the IRC because it is important to remain current for the purpose of recognizing new building techniques and materials. The current 2006 IRC is the most commonly used industry standard by architects and engineers, our citizens will benefit from more efficient and cost-effective design services if the City of Seward adopts this edition. The City of Seward has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions. Additional local amendments were also added to set local fees. The local fees are not being increased at this time. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: ,,,%/u Approved by the Finance Department: RECOMMENDATION: Approve Ordinance 2008- i�M mending the City of Seward Code Section 12.05.021, adopting the 2006 edition of the International Residential Code, including revisions. Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.031, CODES OF TECHNICAL REGULATION, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE (IMC), INCLUDING REVISIONS WHEREAS, as of September 13, 2007, the State of Alaska has adopted the 2006 Edition of the International Mechanical Code (IMC); and, WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts; and, WHEREAS, the City of Seward has included the State of Alaska amendments to the IMC, and additional amendments to modify the code for Seward's climatic, geographic and seismic conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, THAT: Section 1 The asterisks note changes made by the State of Alaska to the IMC. These asterisks are inserted for the benefit of the Council and the public to indicate items which were changed by the State and cannot be modified to be any less restrictive by the City of Seward. These marks will be removed by the City Clerk before being codified. Section 2 The Seward City Code Section 12.05.031 is deleted in its entirety and replaced with the following: 12.05.031 International Mechanical Code Adopted. A. The International Mechanical Code, International Mechanical Code, Chapters 1-15 and Appendix A, 2006 Edition, approved and published by the International Code Council (Consisting of the Building Officials Code Administrators (BOCA); the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International, hic.(SBCCI)), is hereby designated and shall be known as the Seward mechanical code and shall constitute the laws of the city relating to installation and maintenance of heating, ventilation, cooling, and refrigeration systems. Although not published in full in this section, all of the provisions CITY OF SEWARD, ALASKA ORDINANCE 2008-013 of the International Mechanical Code Chapters 1-15 and Appendix A, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the International Mechanical Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Mechanical Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The International Mechanical Code, shall regulate all occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Interna- tional Mechanical Code adopted and incorporated as the Seward mechanical building code by this section. D. The International Mechanical Code (I.M.C.) 2006 Edition, adopted in Subsection A of this section, is hereby amended by adopting the following revisions and exceptions to the code: (1) *Chapter 1 of the I.M.C. is revised by deleting Sections 101.2.1, 103 and 106 - 109; (2) Chapter 1, Subsection 101.2 (Scope) of the I.M.C., is revised by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (3) *Chapter 2, Subsection 201.3 of the I.M. C. , is revised by deleting the reference " ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (4) Chapter 2, Subsection 201.3 of the I.M.C., is revised by deleting the references "International Fuel Gas Code". (5) *Chapter 2, Subsection 201.3 of the I.M.C., is revised by deleting the references "International Plumbing Code" and replacing them with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (6) *Chapter 3, Subsection 301.2 (Energy utilization), first sentence of the I.M.C., is revised by deleting the words "in accordance with the International Energy Conservation Code"; (7) Chapter 3, Subsection 301.3 (Fuel gas appliances and equipment) is revised by deleting the reference "International Fuel Gas Code" and replacing it with "the Plumbing Code as adopted by the State of Alaska";); (8) *Chapter 3, Subsection 301.7 (Electrical) of the I.M.C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (9) *Chapter 3, Subsection 301.8 (Plumbing connections) of the LM.C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (10) *Chapter 3, Subsection 303.3 (Prohibited locations) Exception 3, second sentence of the I.M.C., is revised by deleting the words "of the International Energy Conservation Code"; (11) *Chapter 3, Subsection 304.7 (Construction and protection) of the I.M. C., is revised to read: "Clearances to combustible construction. Heat -producing equipment and appliances must be installed to maintain the required clearances to combustible construction as specified in the listing and manufacturer's instructions. These clearances maybe reduced only in accordance with Section 308 of the I.M. C. Certain unlisted, heat -producing equipment shall be allowed if the clearances to combustible construction specified in Table 304.7 of this Code. Clearances to combustibles must include considerations as door swing, drawer pull, overhead projections or shelving and window swing, shutters, coverings, and drapes. Devices such as doorstops or limits, closers, drapery ties, or guards, may not be used to provide the required clearances."; (12) Chapter 3, Subsection 304.7 of the I.M.C., is revised by adding Table 304.7 and 304.8 to read: "Table 304.7 STANDARD INSTALLATION CLEARANCES, IN INCHES FOR CERTAIN UNLISTED HEAT -PRODUCING APPLIANCES" CITY OF SEWARD, ALASKA ORDINANCE 2008-013 Applianua Fuel Aheve Top a(Cuing From Tap a d Bides Rom Front t Fran Backs Fram Side. or Applivice of warm•alr Bonne w plenum Numocee Ploo Fw mount valid IBr l9c 4B I8 1P ing on wm bus461« flmre. Au-11d 3fi 12 12 Ix O or wmb. U....d Room t1a0Uma circulating Oil ar 36 24 12 12 type. Solid Wdiant w Oil ar AB 36 30 05 Other type. Solid Fir«pUu+.Uve Solid 68e 54 4d' ad' Inc r.Urr Unnwnti< ypoe 96, aP 36 35 Cvm ivl �pmeere Luw fleet Applian..e L'nit IN III. All W. 18 48 (P lb Flmr nted any .1v Other law All No11 18 1g 4B 18 IN hoatin- du.triol eppliamae. Plwr mounW w wpended. eammerclal rial Typ. Type Medium float ApPllanua tnnnanton aB 96 38 36 All slue. Nm nut.. !ll The minimum dlmenelon shall be Nut meexwry � r eervi.ing lbe oppban.e, brcluding access (or cleaning end mat can, tub. removal, u�J similar item«. roll' The dimensionmay1..iai 1152mm1foren atomatlullyawken9red forced-warm-o ilfum.uequipped with 250 degree Fahrenheit limitii control and wiN barometric drag control opem[ed ny Jrert inUneity and pe(3)Apptly.et tolint It .n Ua meaimmn inter+iry or913 bl waterge age (32Po1. f8i Approved applisnm. must h. in.p' d umbaetlbl. floor and may be inemlled m pmUcted mdhwtihle flmre. Heating apgl d ePpruvedafor !newllatwn an ,pi - eembuatible ilwrintl el,all be so wnatrmted that flame and hot gmm do not wma in cpnUct with the appliance bane. Pro4ction for cembvdibl. flmre.hull cewivtuffuur inch(102avnl hollow maamrycavereJ with sheet mrUl et least0.0211nth(0-11 Nick (NO, 21 manufatluier: manderd Sauget. Ataeonry must Fo permanently fastened in plate in I..pprvved manner with if,. ends —.1.d end jeinU mdthad w • le provide het ci eulati.. of olr Nnmgh them Dory t'lour prd.r —shell —,d 12 i_hae IPM--I et the aide. d+d rear of the appliance, eampl that et 1...I l8 inches 115^mm) ¢hell Le repaired on Ne appkenm opening aid« or aides measured hori—lly Rum the edges of the a 4) The IB inch (1219mm) W. nay be .d—d t 36 mth- (914m when prol«.dnn .Piivel.. nt to that pr -v by iteina I liI, gh 9 of Table 306.P fern below) is applied b Ne eombuetlble wnatmetion. ;5)CI eeronte above the ehsrglog door moat bo at lamt 18 '.thee 11219m0. (6) Ifthe pph... w onrued N bri.a, the 1-1, Ilsi rem l tleomnw above and at aide and rear may Le redmed to l2 inches'305mm)', CITY OF SEWARD, ALASKA ORDINANCE 2008-013 TABLE 304,8 • CLEARANCES, IN INCHES, WITH SPECIFIED FORMS OF PROTECTION 1.2 TY-, OF PROTECTIQV WHERE THE STANDARD CLEARANCE IN TABLE 304.7 WITH :NO 1ppliM m the CpmhrutlL4 M1latedd Ui4ess OtMrwae PROTECTION IS: SpairMd anJ LLvvrinq All Su saes vil6in [he aleWrMa S aiOM vs tlry Ae ulrctl (:leainrre with Na Protevdaa 361nehea Is Inchee 121xbes 6luebes (1'6i11,11ssc1 Are N11W11,m) x25A [or mm x'_5.4 (or mm Above Sides Chimes) Above Sides Chimney Abo>e Sides Chinmov Abo+c SiJcs Cnimncv and or Vent w d or Vem aM or vent ,md ur veal Reur Cv-1. w Rear Comer or Rear Cbm , or Rcsr Lnnca m 1. '/. itch insulating inillhuard spaced wt ore inch 30 IF 30 IS 9 12 9 6 G 3 2 3 2. 0.013 inch(Nu.28 nunufaclurer's slarrdgrd gage)ucel 24 1F 24 12 9 12 9 6 4 3 _ _ >hecl aa'A inch insulatio6 millb—d 3. 0.U13 irkh(N.. 23 mIdnlureis standard gage)>lecl IF- shvu spieetl am one Inch' 4 nln3imliiNo. 28 ngmnhuturci ssmndard gagc)itcel IA I? IA J G 9 _(_4 1 2 .. sheer un Ild rrcb insulating millboard spaced out ute nch' 5. I1l2 inches insulming cencnt cnvenug on treating 18 12 3G 9 G IF 6 5 9 - I 6 uppllurce 6. I'a ia:h insul:uing inlllboard on 1 ixh mheml fiber I8 12 18 G 6 G 4 4 4 ? 2 - huas reioksred with win: rush or eyuivakrN I- For appliances complying with Sections 304.2 and 304.3. 2. Except for the protection described in Item S, all clearances shall be measured from the outer surface of the appliance to the combustible mate. ial, disregarding any intervening protection applied to the combustible material, 3. Spacers shall be of noncombustible material. NOTE: Insulating millboard is a factory -made product formed of noncombustible materials, normally fibers, and having a thermal conductivity of I Btu -inch per square foot per degree Fahrenheit (1.73W%(ni K)) or less. CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (13) *Chapter 3, Section 312.1 (Load Calculations), first sentence of the I.M.C., is revised by deleting the words "using the design parameters specified in Chapter 3 of the International Energy Conservation Code" from the third sentence. (14) *Chapter 4, Subsection 403.3 (Ventilation rate), first sentence of the I.M.C., is revised to read: "Ventilation systems must be designed to have the capacity to supply the minimum outdoor airflow rate required in Table 403.3 based on the occupancy of the space and the occupant load or other parameter as stated herein, or in accordance with the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 62 (2007 Edition) as adopted by reference."; (15) *Chapter 5, Section 513 of the I.M.C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (16) Chapter 5, Section 514.1 (General) of the LM.C., is revised by deleting the second sentence and replacing it with "Energy recovery ventilation systems must be installed according to the manufacturer's instructions and specifications."; (17) *Chapter 6, Subsection 604.1, first sentence of the LM.C., is revised by deleting the words "and the International Energy Conservation Code"; (18) *Chapter 7, Subsection 701.1 (Scope) of the I.MC is revised by deleting the last sentence, (19) *Chapter 7, Subsection 709.1 (General) of the I.M. C., is revised by adding a second sentence to read: "Combustion -air openings must be covered with corrosion -resistant screen of no greater than one inch (13 mm) mesh."; (20) Chapter 8, Subsection 801.1 of the LM. C., is revised by deleting the reference "International Fuel Gas Code" and replacing it with "the Plumbing Code as adopted by the State of Alaska"; (21) Chapter 9, Subsections 901.1 and 906.1 of the LM.C., are revised by deleting the reference "International Fuel Gas Code" and replacing it with "the Plumbing Code as adopted by the State of Alaska"; (22) *Chapter 9, Subsection 908.5 (Water supply) of the I.M.C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; 01 4 ,) CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (23) *Chapter 9 (Specific Appliances, Fireplaces and Solid Fuel -Burning Equipment) of the I.M.C., is revised by the addition of Section 927 to read: SECTION 927. UNVENTED ROOM HEATERS. 927.1 General. Unvented room heaters shall be tested in accordance with American National Standards Institute (ANSI) Z21.11.2 (2002 Edition), adopted by reference and may be installed in accordance with the conditions of the listing and the manufacturer's installation instructions. 927.2 Prohibited use. One or more unvented room heaters may not be used as the sole source of comfort heating in a dwelling unit. 927.3 Input rating. Unvented room heaters may not have an input rating in excess of 40,000 Btu/h (11.7 kW). 927.4 Prohibited locations. Unvented room heaters may not be installed within Group A, E, or I Occupancies. These appliances may not be located in, or obtain combustion air from, any of the following rooms or spaces: (1) Sleeping Rooms; (2) Bathrooms; (3) Toilet rooms; (4) Storage closets; (5) Surgical rooms. Exceptions: (1) A single wall -mounted unvcnted room heater equipped with and oxygen depletion safety shutoff system and installed in a bathroom provided the input rating does not exceed 6000 Btu per hour (1.76 kW) and the bathroom is not a confined space. (2) A single wall -mounted unvented room heater equipped with and oxygen depletion safety shutoff system and installed in a bedroom if the input rating does not exceed 10,000 Btu per hour (2.93 kW) and the bedroom is not a confined space. 927.4 Room or Space volume. The aggregate input rating of all unvented appliances installed in a room or space may not exceed 20 Btu/h per cubic foot of volume of the room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway, or other opening 14 CITY OF SEWARD, ALASKA ORDINANCE 2008-013 of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted to be included in the calculations. 927.5 Room or space volume. The aggregate input reating of all unvented appliances in a room or space may not exceed 20 Btu/h per cubic foot of volume of the room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway, or other opening of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted to be included in the calculations. 927.6 Oxygen -depletion safety system. Unvented room heaters shall be equipped with an oxygen -depletion -sensitive safety shutoff system. The system shall shut off the gas supply to the main and pilot burners when the oxygen in the surrounding atmosphere is depleted to the percent concentration specified by the manufacturer, but not lower than 18 percent. The system may not incorporate field adjustment means capable of changing the set point at which the system acts to shut off the gas supply to the room heater. 927.7 Unvented log heaters. An unvented log heater may not be installed in a factory -built fireplace unless the fireplace system has been specifically tested, listed, and labeled for the use in accordance with Underwriters Laboratories (UL) 127.' ; (24) *Chapter 10, Subsection 1001.1 (Scope) of the I.M.C., is revised to read: "Scope. This chapter governs the installation, alteration, and repair of boilers, water heaters, and pressure vessels not subject to the provisions of the Department of Labor and Workforce Development under AS 18.60.180 - 18.60.395.' ; (25) *Chapter 10 of the I.M.C., is revised by deleting the reference "International Plumbing Code" and replacing it with the reference "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (26) *Chapter 10 of the I.M.C., is revised by deleting Section 10 11; (27) *Chapter 11, Subsection 1101.4 (Water connection) of the LM. C., is revised by deleting the reference "International Plumbing Code" and replacing it with the reference " Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (28) *Chapter 11, Subsection 1101.5 (Fuel gas connection) of the I.M.C., is revised by adding to the end of the sentence ", Chapter 7, and the Plumbing Code as adopted by the State of Alaska and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (29) *Chapter 12, Subsections 1201.1 (Scope), 1206.2 (System draindown) and 1206.3 (Protection of potable water) of the I.M.C., are revised by deleting the references "International Plumbing Code and replacing them with " Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (30) *Chapter 12, Subsection 1204.1 (Insulation characteristics), first sentence of the LM.C., is revised by deleting the words "shall conform to the requirements of the International Energy Conservation Code"; (31) *Chapter 12, Subsection 1204.2 (Required thickness), first sentence of the I.M. C., is revised by deleting the words "to the thickness required by the International Energy Conservation Code "; (32) *Chapter 14 (Solar Systems) of the I.M. C , is revised by deleting the body of the chapter and inserting a new Section 1401 to read: "General. Solar energy equipment and appliances must be installed in compliance with the Solar Energy Code as adopted by the State of Alaska and as amended from time to time"; (33) *Chapter 15 (Reference Standards) of the I.M.C., is revised by changing the referenced standards from the publication date listed to the following edition, and these standards are adopted by reference: N.F.P.A. 13-2007 Installation of Sprinkler Systems; N.F.P.A. 72-2007 National Fire Alarm Code N.F.P.A 96-2004 Ventilation Control and Fire Protection of Commercial Cooking Operations. Section 3. This ordinance shall take effect 10 days after enactment. ENACTED by the City Council of the City of Seward, Alaska, this day of. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates KK✓ From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Mechanical Code BACKGROUND & JUSTIFICATION: September 13, 2007, the State of Alaska adopted the 2006 edition of the International Mechanical Code (IMC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2006 IMC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The Ordinance includes revisions made by the State and also suggested local revisions. The State of Alaska adopts amendments to modify the Code specific to the State of Alaska. These amendments are highlighted with an asterisk to clearly illustrate for the public and Council which amendments can not be changed or deleted. The asterisks will be removed prior to the Ordinance being codified. The City of Seward also adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions and local fees. The local suggested modifications are not asterisked and can be modified by Council. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: )111#41 Approved by the Finance Department: RECOMMENDATION: Approve Ordinance 2008-) ,'amending the City of Seward Code Section 12.05.031 International Building Code by Adopting the 2006 Edition of the International Mechanical Code (IMC), including revisions. Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.035 NATIONAL ELECTRICAL CODE ADOPTED, ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE WHEREAS, as of June 14, 2006 the State of Alaska has adopted the 2005 edition of the National Electrical Code (NEC) and, WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, THAT: Section 1. The Seward City Code Section 12.05.035 is deleted in its entirety and replaced with the following: 12.05.031 National Electric Code Adopted. A. The 2005 Edition of the National Electrical Code adopted by the State of Alaska on June 14, 2006 and the National Fire Protection Association on May 26, 2004 and approved by the American National Standards Institute on August 5, 2004 constitutes the minimum electrical code for the City of Seward. Although not published in full in this section, all of the provisions of the National Electric Code shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the National Electric Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the National Electrical Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The National Electric Code, shall regulate all occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, 147 CITY OF SEWARD, ALASKA ORDINANCE 2008-014 contrary to or in violation of any of the provisions of the National Electric Code adopted and incorporated as the Seward electrical building code by this section. Section 2. This ordinance shall take effect 10 days after enactment. ENACTED by the City Council of the City of Seward, Alaska, this day of. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 149 Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2005 National Electrical Code BACKGROUND & JUSTIFICATION: June 14, 2006, the State of Alaska adopted the 2005 edition of the National Electrical Code (NEC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2005 NEC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The State of Alaska adopts the National Electrical Code in its entirety without any amendments or modifications. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: LL Approved by the Finance Department: G� RECOMMENDATION: Approve Ordinance 2008-1jamending the City of Seward Code Section 12.05.035 National Electrical Code by Adopting the 2005 Edition of the National Electrical Code (NEC). i4,j Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION NO. 2008-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING RESOLUTION 1995-007 AND ADOPTING THE UPDATED SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN WHEREAS, initial construction of the Seward Marine Industrial Center began in 1980 with the shiplift becoming operational in 1985; and WHEREAS, the City has based the construction and development on a 1980 project description prepared by its consulting engineers; and WHEREAS, funding limitations and economics have slowed final development, and there is a need to provide priority directions for its full development; and WHEREAS, the Seward Port and Commerce Advisory Board initiated a plan to guide city management and private enterprise in the continued development and management of the Seward Marine Industrial Center; and WHEREAS, the City Council of the City of Seward, Alaska adopted the Seward Marine Industrial Development Plan on January 23, 1995 by Resolution l 995-007; and WHEREAS, through Resolution 2006-131, the City Council assigned the Port and Commerce Advisory Board to review and update the Seward Marine Industrial Development Plan; and WHEREAS, the Port and Commerce Advisory Board held multiple work sessions, work shops and public hearings to solicit public comments and discuss updates to the Seward Marine Industrial Development Plan; and WHEREAS, the Seward Marine Industrial Center Development Plan has been updated based on draft reviews and comments of the Port and Commerce Advisory Board, the public, the Planning and Zoning Commission and City Administration; and WHEREAS, the new Plan has been recommended for adoption by the Port and Commerce Advisory Board by PACAB Resolution 2008-01on March 5, 2008. 153 CITY OF SEWARD, ALASKA RESOLUTION 2008-033 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Resolution 1995-007 of the City of Seward is hereby repealed. Section 2. The new Seward Marine Industrial Center Development Plan for the City of Seward, Alaska, attached and incorporated herein by reference is adopted. Section 3. The appendices will be updated administratively as needed. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 28th day of April 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor .:;.1 Y Council Agenda Statement Date: April 28, 2008 To: City Council Kt -VI Through: Bob Hicks, Community Development Director From: Port and Commerce Advisory Board Subject: SMIC Development Plan BACKGROUND & JUSTIFICATION: On November 27, 2006 City Council approved Resolution 2006-131 assigning the Port and Commerce Advisory Board (PACAB) to review and update the Seward Marine Industrial Center Development Plan (Plan). PACAB was tasked to review and facilitate public workshops and public hearings, to provide a Plan update to the Planning and Zoning (P & Z) Commission and gather and consider their input and submit a full Plan to Administration. Throughout 2006 and 2007, PACAB held multiple work sessions, work shops and public hearings to solicit public continents and discuss updates to the Plan. In an effort to assist PACAB in their deliberations, Administration comments were solicited and incorporated by PACAB into the Plan. PACAB forwarded the Plan to the P & Z Commission on April 4, 2007 for review and comments. The P & Z Commission held a Work Session on June 19, 2007 and suggested one change be incorporated into the body of the plan and noted support for the examination of setbacks and temporary structures in the SMIC area and asked PACAB to consider incorporating Port security aspects required under new Homeland Security requirements. The P & Z Commission then held a Regular Meeting on August 7, 2007 forwarding the Plan back to PACAB requesting that their changes and comments be considered. At the September 12, 2007 PACAB Regular Meeting the Board made a motion to "Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review." This motion was not completed due to the adjournment of the meeting. At the October 17, 2007 PACAB Regular Meeting the Board approved the motion to Support the P & Z Commission changes to the Plan, as amended by PACAB, and forward the Plan to City Council for review and action. At the March 5, 2008 PACAB Regular Meeting, PACAB approved the updated SMIC Plan, the updated appendices and Resolution 2008-01 to show their support for the SMIC plan. The SMIC plan is now before Council for adoption. Community Development Director Bob Hicks reviewed the SMIC Development Plan and created a SMIC Development Plan Summary which outlines the entire Plan as written. He than summarized the Plan "by Type and Initiator- Assignment" in a second document attached here. 03-:�> Council has been presented with Resolution 2008- repealing Resolution 1995-007 and adopting the updated Seward Marine Industrial Center Development Plan. The new Plan is attached for council approval. Upon approval copies of the approved plan will be distributed to Administration and Council. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Supporting this activity does not req appropria on of any funds. Approved by Finance Department n, ." � RECOMMENDATION: O33 Council approve Resolution 2008-#, adopting the updated Seward Marine Industrial Center Development Plan. .�J3 SEWARD MARINE INDUSTRIAL CENTER DEVELOPME YPLAN Prepared By Seward Iarnastef','and Community Development Department � ,"prat' with the Sewarerce Advisory Board 2008 * Draft Updated 10/17/07 * TABLE OF CONTENTS INTRODUCTION..........................................................................................................................1 THEPLAN.....................................................................................................................................1 BASIC MARINE INFRASTRUCTURE...................................................................................2 Basin..................................................................................................................................2 Docks..................................................................................................................................3 ShipliftOperations.............................................................................................................4 Uplands...............................................................................................................................4 MANAGEMENT...........................................................................................................................4 LANDUSE.....................................................................................................................................5 Platting................................................................................................................................5 Land Values.......................................................................................................................5 LandUses............................................................................................................................5 Parks and Recreation. MARKETING ......................... TRANSPORTATION .................................. Roads ................................................ Parking .............................................. Airport.............................................. .....................6 ......................................6 ......................................6 ......................................7 ......................................7 PUBLIC FACILITIES AND SERVICES....................................................................................7 Public Facilities ...............................................................................................................7 PublicSafety.................................................................................................................7 PublicUtilities ................................................................................................................8 tONMMT AND WASTE MANAGEMENT..................................................................8 Envir0ntal Con ns..................................................................................................8 Waste Mement=z.........................................................................................................9 APPEARANCE........''.rayit.................................................................................................................9 Landscaping and Beautification.......................................................................................9 Signs................................................................................................................................10 Zoning...............................................................................................................................10 Buildings...........................................................................................................................11 PLANIMPLEMENTATION.....................................................................................................11 i �53 Appendix.......................................................................................................................................11 Exhibit A. Site map Fourth of July Creek Valley........................................................13 Exhibit B. Preliminary Subdivision Layout.................................................................14 Exhibit C. Project Overview 1980 Project Description................................................15 Exhibit D. Site Plan 1980 Project Description...............................................................16 ExhibitE. Lease Sites......................................................................................................17 Exhibit F. Utility Layout I. Power Utilities..................................................................18 II. Sewer Utilities....................................::............................19 III. Water Utilities ...................................... #............................... 20 ii SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN INTRODUCTION During the mid-1970's, the City began developing a plan to create an industrial complex at the Fourth of July Creek area to service the maritime industry. The city annexed the valley in 1977, acquired lands through the Alaska Statehood Act Municipal Entitlement and completed the 1979 Fourth of July Creek Industrial Development Feasibility Study. That study identified four examples of industries that would be more likely than others to locate in the Fourth of July Creek area: fisheries, shipyard, petrochemical processing and heavy industry such as ore refining and bulk freight handling. The foundation for the project was a shipbuild�n Burmeister -Wain to meet the high demand for rtot�', ves the crash of the fish stock in 1980, the project a"e general cargo, fisheries processing, and other idc* essentially as described in the 1980 Century-Quadra rr Industrial Marine Park Project Description and shown Figure 3 - Site Plan (Appendix Exhibits C &D). proposed by the Danish firm i the king crab fisheries. With immix of ship repair facilities, uses. The project today is entitled Fourth of July Creek gyre 2 - Project Overview and Upon completion of a comprehensive 1981 Environmental Impact Assessment, the City embarked on a multi -year construction project that ultimately invested the majority of the city's share of the port lions% and state oil revenues in an access road, the relocation of Fourth of July Creed, a reta g dike, basin, breakwater and shiplift, for a total investment of apprdx :� ely $4S1 on. Access, utilities and landlaib>`lievedmspawn development of the sawmill and the prison within the boundari4sW'- the Fourtl"f July Creek valley complex. Although the shiplift has been operational since`1985, no major development activity has occurred in the portion known as the Seward Mariidustrial Center (SMIC). THE PLAN comptetn center. d marine industrial The Seward Marine Industrial Center Management Plan is a direct outgrowth of the community's desire to enhance, encourage and promote an atmosphere favorable for additional private sector economic development at the Seward Marine Industrial Center. For the purpose of this plan, the Seward Marine Industrial Center is considered to include the 1 I Y7 ±100 acres immediately adjacent to the harbor basin, south of Spring Creek and west of the prison property. (Appendix Exhibit A and B) The Seward Marine Industrial Center Development Plan becomes a component of the City of Seward Comprehensive Plan. Whereas the comprehensive plan contains both advisory and bindine elements, this plan contains only advisory elements comprised of goals, issues and actions. The binding element of the comprehensive plan is the Land Use Plan which is a legal document that must be adhered to and can be revised only by ordinance. As part of the process of finalizing the Plan, the City solicrt00 initial suggestions from various public boards and commissions and intereste gr such as the Seward Chamber of Commerce. The draft plan was presented the ptbrgat advertised public hearings and through review by the aforementioned groups. TW ssues raised and recommendations made by those individuals and organizations are rE--reflected in this document. � ,: An effective plan is one which is implemented. The City of Seward has a ' p P tY � ck record of accomplishing actions outlined in its plans. Recommendations from previous plans that have been accomplished within the S1ti,Q area include: • Syncrolift with upland rail's • 250 ton Travelift;a� • Bulk fuel facility; _ °'=r' • 430' North Dock; r Fisheries dock and plant improi ents; Electrical substation; • Secondary sewer treatment plant, • PrJmary electrical, water and sewer systems; and e ary real estate subdivision plati Some fl and cargo laydown area; Some utili€y ltnprovements including area lighting; • Campgroun Jinprovements; and • Some Real Est a Development (leases and sales) MARINE INFRASTRUCTURE form a core marine industrial center that will accommodate new businesses in supporting a stable economic base with year-round jobs. The Basin envisioned by the 1980 Century-Quadra concept was enclosed, protected and dredged to -21 feet mean lower low water (MLLW) to accommodate medium draft vessels for ship repair, cargo off loading and general moorage. The basin has been dredged to 2 w r,- .L %J l7 design with -25 foot berths adjacent to the Shiplift Dock and the North Dock. The basin is protected by a rip rap breakwater along the east shoreline, by a filled sheet pile cell breakwater along the south and southwest, and by sheet piling along a section of the North Dock. It is still open to the bay along the west and northwest sides. 1. The unenclosed basin allows swells and surges which, at times, prohibits the loading and unloading of vessels of all sizes, and contributes to the damage of dock facilities and increases the potential for accidents. a. Aggressively pursue funding and engineering to e1 and protect the SMIC basin., b. Continue to work with the Corps of Engineers I evievv t e. feasibility of federal funding involvement in the breakwater projects., 2. Unlike a rock rip rap breakwater, the gravel filled interconnectingss pike cellular cofferdams making up the South Breakwater require regular maintenaneto prevent failure. a. Monitor and repair cathodic protection system as needed. DOCkS described in the 1980 Centur3 north basin shoreline, deepwater sheet ship repair dock, a boat ramp and of fish processing dock, barge ramp and i are in operation. concept included an inner dock along the akwater and dock enclosing the basin, a 46 ' docks. A ship repair dock, small r -77 [raft cartr4ock have been constructed and 1. There is a growing demand for additional G e'Fal Purpose Moorage dock space. a. Construct a north -south dock approxi'a`"tely 400' in length on the east side of the basin to connect the Fisheries Dock and the North Dock b., i ereaWinporage within the basin and the deepwater dock outside the basin. 2. The prth Dock is not receiving much intended use and needs to be upgraded to provide a safe ari4lficient workm ea. a. Fill attd create upds behind the dock to add additional staging area to improve the efficiency areight carrier operations at the facility. b. Repair F ering'System to remove as many protruding objects as possible from along the dock area"", ,make loading operations more efficient and to prevent damage from loading operations. c. Surface the dock and staging areas with concrete, asphalt, crushed rock, or Roto mill (crushed asphalt) including the installation of drainage pipes. d. Upgrade the bumpering system to handle the sea swells and surges. 3. The Barge Ramp has never been completed and there is a concern about its need. a. If the ramp is deemed unnecessary, delete it to create additional dock face. 3 5 • 4. Fisheries Dock - there are no current improvements identified for this dock. 5. Travelift Dock - there are no current improvements identified for this dock. 6. Shiplift Dock a. Repair or replace Syncrolift dock ladders, bumpering system and corrosion control of the pipe piling in the splash zone by application of a protective coating. Shiplift OperationS are divided between the mobile 250 ton Travelift and the 5000 long tons Syncrolift platform. The Syncrolift was an integral part of the original SMIC concept plan. The Travelift was purchased and put into operation by the City in 1990 to fill the demand for lifting vessels too small to economically use the Syncrolift platform, but too large for the city's 50 ton Travelift. A 1. A number of improvements relative to t"1-,.250 identified. a. Fill and grade the storage area to the corre A �0 b. Expand existing water and electrical systems f c. Develop full -service work stations for major on vessels in order to limit the degree of maintenance al d. Provide Restrooms. operation have been on land provide drainage. boat storage area. Gtenance/construction projects khestorage area. 2. The Syncrolift, although owned by the City, is operated by a contractor through a Maintenance and Oneratine Astreement. The Uplands forming �IIC wee for the most part created from the material dredged during the formation of A baste f�e original design called for a grade of 18 feet above MLLW. The roads are tome, briil�'� -did is below desired grade. Drainage ditches were laced along Del hin ' ", �` p g p Olga Meets and the north property line divert water runoff in the summer. WLL_ , 1. During winter, ditches and culverts freeze causing runoff to pool in the lower areas behind roads. a. Fill and grade low lying areas for proper drainage. MANAGEMENT 0 1ti3 Security and concerns related to potential environmental pollution grow as the number of boats, cargo and equipment on site increase. Sufficient revenues are necessary for effective on site management and security of this public facility. 1. Seek a rate of return from the use of public facilities, land assets and equipment that will adequately cover deferred maintenance and replacement costs. 2. Review the Upland Boat Work Policy and Best Mai compliance with the Clean Water Act and Local, State and where they apply. 3. Ensure that the facility and uses are consistent with Security Act of 2002 33.CFR 104.105 as applicable. LAND USE Practices to insure aws and regulations of the Maritime GOAL: Sound, maximized and coordinated development of private and public uplands and facilities w support of the needs of the users and visitors Platting The city has formulated a si Valley. The subdivision plat dedicates r easements. It creates legal lots for those area in blocks. SMIC and the Fourth of July Creek ivid&s an as -built of utility and access s a leaves the majority of the SMIC 1. Maintain an accurate map through the surve ,tnd plat amendment for all current and future leases. Land Valve lit er to provide adequate public services and maintenance at SMIC, it is imoortimt that the -f 4 ceive a fair market value for the use of its limited land assets. 1. The annual rental payer nt shall be adjusted every five years. The adjusted annual rental payment -to be paid' der the terms of the lease shall be the appraised fair market rental value (theme` Fair Mai et Rental Value) of the Leased Land at the highest and best use of the Leaseartd�� 5Fy7 Land Uses SMICzoned Industrial. The Seward Zoning Code, Table 15.10.225 Land Uses Allowed establishes what uses are allowed within that district. Uses allowed within the SMIC should focus on strengthening and enhancing the area as a center for marine and other compatible industries. 1. Review Table 15.10.225 to ensure the uses listed are compatible with the overall intent of the SMIC area. 5 t[1 Py JLUA Parks and Recreation. Under state statutes, the city is required to provide public access along Spring Creek, Fourth of July Creek and Resurrection Bay. Although the area is principally industrial, limited recreation opportunities can be made available without interfering with surrounding industrial uses. 1. Maintain access from Nash Road to the mouth of Spring Creek and provide a camping area. Include signage of the access route. 2. Maintain separation between the campground and MARKETING Current city marketing efforts include: attendance at trade shows, overseas trade missions, brochures and advertising. 1. Maintain identification of lands 2. Maintain a fair market value base line 3. Maintain a sign along Nash Road and available for lease. 4. Continue to encourage multiple users. (See Appendix Exhibit E) be negotiated. to the SMIC area showing what lands are 5. Evaluate utility rates to encourage more usage while ensuring a fair return to the public utility system. TRANSPORTATION Roads. Nash Road provides the only ground access to SMIC and the Fourth of July Creek area. To adequately serve SMIC and attract new industries it is of the utmost importance to maintain and improve the public road system to the highest standard economically possible, to include paving. 0 6 2 1. Postpone paving interior SMIC streets until site and utility developments are completed. Although Parking has not been a problem in the past, as more activity develops, it will become imperative that vehicles park in designated areas off public roads and away from equipment activity. 1. Ensure that all lease sites include adequate area to comply with parking requirements set forth in the zoning code, and that lessees provide on site parking for employees and customers. 2. Maintain signage in parking areas in support of the public docks. Although not directly associated with SMIC, 1 important transportation link for the delivery of center businesses. 1. Continue to work with the Alaska Department improve airport facilities and protect it from river a well maintained Airport is an foods and services to the industrial PUBLIC FACILITIES AND and Public Facilities to VICES GOAL A full range of public facilities and services adequate to provide a safe and comfortable work environment for users and visitors. Public Facilities 1. Include construction plan. from limited to nonexistent. 2. Work with the local phone 3. Install a Fire/Emergency Call facility in the city's capital project install additional public pay phone stations. 4. Install paving, fill, fencing, storm water drainage collection, and treatment infrastructure. Public Safety in the industrial center is affected by funding and distance. Limited resources have not allowed the City to provide full police and fire protection afforded to the remainder of the community. The distance from town limits police coverage to an occasional patrol, and also increases fire response time. Although a pumper and rescue truck are located in the harbor storage building, there are no scheduled trained fire department personnel on site to operate them. 1. Evaluate each new development as to its impact on fire and police services. 7 2. Complete water system to loop all lines or upsize all cross feeder lines and provide additional fire hydrants. 3. Identify and reserve a site for a fire station to serve the Fourth of July Valley area. 4. Include a separate fire station in capital project plan, to accommodate more and/or larger equipment and supplies to support increased industrial development. Possibly include a joint small office for Seward Police. .�. 5. Explore possible co-operative arrangements with Sprtttg creek Correctional Facility staff to provide initial fire or other public safety needs. ° Public Utilities such as primary water, sewer, and electrical service systems have not been extended throughout the undeveloped SMIC areas. (Appendix Exhibif The cost of extending these utilities creates a disincentive to the establishment of smallerTiu messes. 1. Improve the water and electrical s- to accommodate increased public use. 2. Include in city capital planning the the industrial area. in areas associated with the 250 ton Travelift, sewer and water throughout ENVIRONMENT AND WASTE MANAGEMENT GOAL ; A high level of environmental regulatory compliance and a clean work environment Envlro"mental Co erns The objective of the City is to maintain a clean work environment and to protect: the land, water and air to the highest degree possible without making the ea prohibitive for the type of activities associated with industrial areas. 1. Develop a co ttprehensive�environmental plan to include any required mitigation plans to cover potential events- in the SMIC industrial complex while maintaining compliance with the rules and r OAations of the Environmental Protection Agency and the Alaska Department of Environmental Conservation. 2. Establish policies and procedures for monitoring and ensuring vessel storage/repair site clean up. 3. Develop and distribute use guidelines to lessees, operators and users of the area. H. 4. Designate a site and develop environmentally acceptable repair stations for ship repair including minor repairs, sand blasting and painting. Pave wash down station with rain water encapsulations. 5. Require compliance with present or future environmental regulations or controls to lessees or owners with regard to their operations on land within the area. Waste Management is integral to managing a successful industrial area where large amounts of waste are generated. Separation of steel, wood and g'eragarbage is required at the Kenai Peninsula Borough (KPB) solid waste facility. It ;,illegal to dump used oil in solid waste containers. 1. Continue implementation and improvements of a program to control the separation, collection, recycling and disposal of waste generated at the industrial c' ter, in accordance with established environmental policies and regulations/requirements of` the_KPB solid waste facility. 2. Continue to improve used oil collection procedures and disposal facilities to meet the demands of user groups and to ensure a clean environment. Monitor users to prevent any illegal discharge of solid or liquid waste, l 3. Improve methods to monitor waste associated with the collections of waste m 4. If required, to control and reduce the costs Pollution and Prevention Plan" (SWPPP). CE GOAL A high standard of aesthetic appearance and cleanliness through landscaping, litter control efforts, and development of public amenities that are in keeping with the industrial maritime theme of the area. Landscaping and Beautification Industrial areas do not have to be barren and devoid of natural aesthetics. An atmosphere that is pleasant and attractive to users and visitors alike can be cultivated and accomplished through thoughtful planning and landscaping efforts. E 1. Where possible reduce scrap metal storage, trash, and other materials that may be considered offensive to the casual observer. 2. Encourage the planting of trees and other landscaping features to break up the barren gravel expanse. 3. Ensure that all businesses comply with city codes regarding the collection and disposal of trash. Signs Adequate public signing is important for -M- sitors to provide directions, identify streets, point out public facilities and to post=files and regulations. Private signing identifies places of business. 1. Review sign code to insure compatibility and adequacy with the industrial atmosphere. 2. Maintain a sib along lash Road identifying and welcoming visitors to the Seward Marine Industrial Center. 3. Review public the city. 4. Install street signs t and federal regulations. it inadequate to the needs of the public and industrial center to comply with local, state 5. Maintain a sign denoting lands for lease and who to contact. Zoning code development requirements regulate open space for fire prevention/fighting, air and light. 1. Review zoning codes for height and set -back requirements, etc., to determine if they are consistent with the desired industrial center development. 2. Consider an overlay zone to allow support uses in SMIC that are not otherwise wanted in other industrial areas. 10, JL 1 Buildings constructed to code are important to ensure safe working conditions, and to add to the community tax base. The city has adopted uniform building, fire, mechanical and plumbing codes. 1. Ensure that all buildings are constructed to adopted building and fire code standards. 2. Review for consideration the use of temporary buildings and trailers. PLAN IMPLEMENTA by all ide For the City of Seward to realize the benefits of the SMIC DevelopmentPlan and thereby ensure sound growth and development, actions must be taken not only by the City of Seward, but by many other players within the community, the Borough, State and Federal Government. Following are specific actions implementation of this plan: Adopting a Plan shows commitment resolution, adopt the plan based upon r Advisory Board and the Planning and 2 to ensure the successful policy. Council should, by of the Port and Commerce Use the Pla guide the City of Seward in the appropriate quality growth and development ofVthe.MIC. Consistent with its original intent, the plan will remain flexible. While it" %,intended that all actions presented in this plan will be implemented, it is recognized that changing conditions in the future may necessitate modifi�ns of planno'j,actions or the introduction of additional actions to satisfy local nee , The City red' nizes the critical role of plans as key program documents to guide the Ommumtyf -capital budgeting process. It is recommended tfiat the SMIC Development Plan be reviewed annually and updated within five years, or more often as needed. An annual review will help track accomplishments, changes and inadvertent omissions. Appendix (The attachments must be updated and kept current.) Exhibit A. Site map Fourth of July Creek Valley Exhibit B. Preliminary Subdivision Layout 11 167 Exhibit C. Project Overview 1980 Project Description Exhibit D. Site Plan 1980 Project Description Exhibit E. Lease Sites Exhibit F. Utility layout I. Power Utilities II. Sewer Utilities 111. Water Utilities 12 d — .L U wr lw L J r ♦.} L e �t �jcn CO a) , y I ion Bqv 11 J� Seward N1aI,,l., o f Seward' C1�Y rs�&4, smic BASIN my 2A LAND ELQCK ul 1 � 2 4 AVE- 4 BOCK W 2 J BLOC 3 3 5 2 21 4 75Q Beet 1A 7- 0 a co 2 3 ------------- - viR6wo. L a d State Exhibit B ere The 9rZ,hics on t�smave able prduced from the assume s The City of Seward no resPonsibilrty for anYt maY eXisi. source inaccuracies or other errors tha Feb�ue�Y12-0�'� G�`PSwcM1C PtAN�BIOCKS,mxd TEIRY- c rl V:l to None= UST C F FACILITIES • PUBLIC 1. Shell d Harbor BaaW 1000- R 650- Boll" EL: - 22.00 Ft. Morin Dalum (-2T.70 Land Os/mni 2. General Cr90 Dock, 1300' a 300' Wide Capacity 160,000 T/Yr. S. Traced Shad, 100' ■ 600' 2 20' Clow Haight. 4, Bonded Wrohonss, 100' s 200' ■ 20' Clear Haight 6. oper! Burl" Straps, 212.500 S.F. 6, Open General Storage, 426,500 S.F. 7, Dry $Oat ROPSr Tad For 46 00616, 50- a 20780st 6, BOstiRamp , 30'Wide. 9, Smaa 1`10atInS Dock For Tugs, Firs Boats and Small Crafts. 10, amp t, 300' a BO' Platform Slag. 11. Dry rifle, T Positions, 2SO' Long. 12. TranN" Pit, 300'. ago' a 6' Deep 13, Transfer Cents"' 300- . 40% 14. Dry Perth-, 7 positions, 350' Long (Leased To Shipyard operator) 15. Covered Small Boat Storage, 150' a 300', Double Deck, 120 #pans. at 26' . 30'. 16. Guard Howe, First Aid Station, Ambulance 50' a 70'. 17. Park, 9. 130' a 900' For Approxis atefy 350 Cars. la. Hatimp masts 30'. 30'. 19. War Dolphin 111FRASTRUCTURE 31. Sewroge Treatment Plant, 32. Sloan Water Disposal Plant. 33. SldpMt Control Booth 34, Master Sub -Station. 9S. Recreational Parking 36. Wall A Reservoir PRIVATE 61. PllVata Shipyard Area 385,000 S.F. 62. Shp'Chandlery, 200' s900' Including Storage. 93. Fleh ,Proneselnp Plan,tIOW a 300'. 54, Not Loft, 100' a lion 55. Plunge and Fibarg(ass Repair Shop, 50' s go' 56. Electronic Repair Shop, SO' a 40% 67. Propear Rap.& Shop, so". 40'. 66. Boal Engine Repair Shp, 60' . 80% 6(L Cold Straw BuNdIng, 100' a 200' - 4 Stories rr/ootbock a." . FN Figure 3 w CENTURY - Site Plan 1 ExH_ij3i�-r D Legend CITY OWNED PARCELS ® INLET FISH ® ALASKA DNR F--] AVTEC FIRE TRAINING CENTER ® ALASKA GLOBAL SEWARD RACING LIONS SEWARDS SHIPS DRYDOCK ® POLAR EQUIPTMENT INC ® ALASKA STATE DEPTADMIN The prapam on this map were poduced Van the East meiMft sources. The Chy of Seward assumes w responalbOy for any ofdWo,, 1—des,a M- errors that may islet Map produced By Seward Plendrp DapeNrgnl G.4MpSAOWNERSHIP SMIC—d Marts 25th 2M Exhibit E Industrial Center Seward Marine City of Seward, Alaska Power Utilities SAWMILL STATE CORRECTIONAL FACILITY Q ..,x z - M JELLISON AVE. �..._ �.� I MUSTANG AVE. jJ (� NORTH a DOCK ® ® t ® o Legend Q j O $MSC I Power Lines ■ Section Can 750 �+ ^�•�-------"� Overhead ■ Metering Cabinet BASIN e-a ; �.�----•----� MORRiS AVE. Peet j —•--- Underground underground Transformer 1� ® Steel Lightpole ■ Vault �� A _'�'� • Wood Lightpole The graphics on this map were C Utility Pole Exhibit F 1 produced from the best available Y — ii,. �..♦.. • souses. The City of Seward assume -- no fs8ponsibthty for any omissions, SHIPLIFT Sewards Ships City Limits ina cuncidt or other errors that may exist. Drydock Inc w9M1C PLANIPuWicwaMs Pover.m d _.— — IMRCM 2M 2008 G:VAAPB — I Seward Marine Industrial Center City of Seward, Alaska Sewer Utilities STATE CORRECTIONAL FACILITY >- SAWMILL a CJ J1� 750 Feet W 4<11 JELLISON AVE. MUSTANG AVE. NORTH DOCK ® U) SMIC MORRIS AVE. O BASIN a The graphics on this map were produced from the best available sources. The City of Seward assume ♦♦♦ no responsibility for any omissions, inaccuracies or other errors that may exist. SHIPLIFT Sewards Ship's MARCH 25th 20M G!VAAPS%SMIP_PLAN%"icw ik Se r.mxd Drydock Inc 4\\ ' ✓�� r L ,^ �v1 Legend -• h.. Seward Fish Outfall M Lift Building r►► Storm Drain Line ■ Litt Station Sewer Line • Cleanout ala Drain Endpoint • Flush ® Storm Drain © Pump Station Exhibit F2 ® Manhole City Limits Seward Marine Industrial Center SAWMILL FV 6� C� t 750 � Feet City of Seward, Alaska Water Utilities NORTH J DOCK I SMIC j MORRISAVE. BASIN F----- The graphics on this map were I I i produced from the best available sources. The City of Seward assume # no responsibility for any omissions, 1}♦ inaccuracies or other errors that may exist. SHIPLIFT J Sewards ShiP 's MARCH 251nM G:NMPS`9M1C2Lk%%P-&i-W0ft_NsWMxd `\-,Drydock Inc CD Z a w a STATE CORRECTIONAL FACILITY ---------+---. ------------. Gyp 0� Legend 0 Well c Valve e Pressure Reduction Valve ■ Well House Hydrant --- Water Line Exhibit F3 City Limits SMIC Development Plan Summary Basic Marine Infrastructure • Pursue funding to enclose on west and northwest sides • Construct 400-ft. dock connecting Fisheries Dock and North Dock • Fill and create uplands behind North Dock • Repair fendering on North Dock • Surface North Dock and filled staging area • Upgrade bumpers • Repair or replace dock ladders at Shiplift Dock • Repair or replace bumpering system at Shiplift Dock • Need corrosion control of pipe -piling in splash zone • Fill and grade storage area at 250-ton Travelift • Expand water/electric in boat storage area • Limit maintenance work in storage area by building full -service work stations • Provide restrooms • Fill and grade all low lying areas where land not yet 18-ft above MLLW Management • Set rates to cover deferred maintenance and replacement costs • Review Upland Boat Work Policy and Best Management Practices to ensure compliance with Clean Water Act and other laws • Ensure facilities and uses are consistent with Maritime Security Act of 2002 Land Use • Maintain accurate map reflecting current leases, as -build utilities and access easements • Lease only at FRV and adjust every 5 years • Review Table 15.10.225 to sure zoning uses are compatible with overall intent for SMIC area Marketing • Identify lands available for lease • Post signage to show where lands available for lease • Evaluate utility rates to ensure they encourage use while providing a fair return Transportation • Postpone paving interior streets until site -work (fill) and utilities are developed • Require adequate parking in leases • Place signage at public parking areas Public Facilities and Services • Construct public restroom/shower facility • Install public pay phone stations • Install Fire/Emergency Call Box • "Install paving, fill, fencing, storm water drainage collection and treatment infrastructure" • Pumper and rescue truck in harbor storage building, but no trained fire fighters there • Complete water system to provide additional fire hydrants • Reserve a site for a fire station • Include a new fire station in the capital projects plan • Include electric/sewer/water extensions throughout SMIC in capital projects plan • Explore cooperative arrangement with Spring Creek for initial fire/public safety response • Improve water and electric utilities associated with the 250-ton Travelift Environmental and Waste Management Objective: maintain a clean work environment and protect the land, water and air to the highest degree possible without making the area prohibitive for the types of activities associated with industrial areas. • Develop a comprehensive environmental plan • Establish policies and practices for clean-up • Develop and distribute use guidelines • Designate a site for repair stations including sand blasting and painting ■ Pave the wash -down station with rain -water encapsulation • Require lessees to comply with environmental laws • Separate waste per Boro solid waste facility requirements • Improve used oil collection procedures • Improve monitoring • Prepare and file Storm Water Pollution and Prevention Plan if required Appearance: "thoughtful planning and landscaping" • Discourage scrap metal et al. storage and accumulation • Encourage planting trees and greenery • Continue placing all electric below ground 173 Signage • Review sign ordinance for compatibility with industrial uses • "WELCOME TO SEWARD MARINE INDUSTRIAL CENTER" sign on The road • Install street signs • Post "For Lease" signs Zoning • Regulate open space for fire -protection, air and light • Review zoning height and setback requirements for consistency with industrial development Buildings • Review ordinances for possible temporary buildings and trailers Implementation • Council adopt by resolution • This use Plan should govern capital budgeting process • Review Plan annually to track accomplishments/changes/omissions • Update Plan within 5 years SMIC Development Plan by Type and Initiator -Assignment Capital Projects • Pursue funding to enclose on west and northwest sides • Construct 400-ft. dock connecting Fisheries Dock and North Dock • Limit maintenance work in storage area by building full -service work stations • Expand water/electric in boat storage area • Provide restrooms • Construct public restroom/shower facility • "Install paving, fill, fencing, storm water drainage collection and treatment infrastructure" • Complete water system to provide additional fire hydrants • Include a new fire station in the capital projects plan • Include electric/sewer/water extensions throughout SMIC in capital projects plan • Improve water and electric utilities associated with the 250-ton Travelift Possible Use of Bedload Materials • Fill and create uplands behind North Dock • Fill and grade storage area at 250-ton Travelift • Fill and grade all low lying areas where land not yet 18-ft above MLLW Maintenance and Repair Work • Repair fendering on North Dock • Upgrade bumpers • Repair or replace dock ladders at Shiplift Dock • Repair or replace bumpering system at Shiplift Dock • Need corrosion control of pipe -piling in splash zone Leasing Procedures and Provisions • Set rates to cover deferred maintenance and replacement costs • Lease only at FRV and adjust every 5 years • Require adequate parking in leases • Establish policies and practices for clean-up • Develop and distribute use guidelines • Require lessees to comply with environmental laws • Separate waste per Boro solid waste facility requirements • Discourage scrap metal et al. storage and accumulation • Encourage planting trees and greenery Code and Legal Review and Possible Revision • Review Upland Boat Work Policy and Best Management Practices to ensure compliance with Clean Water Act and other laws • Ensure facilities and uses are consistent with Maritime Security Act of 2002 • Review Table 15.10.225 to sure zoning uses are compatible with overall intent for SMIC area • Review sign ordinance for compatibility with industrial uses • Review zoning height and setback requirements for consistency with industrial development • Review ordinances for possible temporary buildings and trailers Meet With Dave Sq. and Tom Cl. to Discuss • Install Fire/Emergency Call Box • Pumper and rescue truck in harbor storage building, but no trained fire fighters there • Complete water system to provide additional fire hydrants • Reserve a site for a fire station • Explore cooperative arrangement with Spring Creek for initial fire/public safety response City Staff and PACAB Collaboration • Maintain accurate map reflecting current leases, as -build utilities and access easements • Evaluate utility rates to ensure they encourage use while providing a fair return • Improve water and electric utilities associated with the 250-ton Travelift • Develop a comprehensive environmental plan • Designate a site for repair stations including sand blasting and painting ■ Pave the wash -down station with rain -water encapsulation • Improve used oil collection procedures • Improve monitoring • Prepare and file Storm Water Pollution and Prevention Plan if required PACAB October 2008 Work Session • Review Plan annually to track accomplishments/changes/omissions Sponsored by: Administration CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2008-01 RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, SUPPORTING CITY COUNCIL ADOPTION OF THE UPDATED SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN WHEREAS, initial construction of the Seward Marine Industrial Center began in 1980 with the shiplift becoming operational in 1985; and WHEREAS, the City based the construction and development on a 1980 project description prepared by its consulting engineers; and WHEREAS, funding limitations and economics have slowed final development, and there is a need to provide priority directions for its full development; and WHEREAS, the Seward Port and Commerce Advisory Board initiated a plan to guide city management and private enterprise in the continued development and management of the Seward Marine Industrial Center; and WHEREAS, the City Council of the City of Seward, Alaska passed and approved the Seward Marine Industrial Development Plan on January 23,1995 by Resolution 1995-007; and WHEREAS, through Resolution 2006-131, the City Council assigned the Port and Commerce Advisory Board to review and update the Seward Marine Industrial Development Plan; and WHEREAS, the Port and Commerce Advisory Board held multiple work sessions, work shops and public hearings to solicit public comments and discuss updates to the Seward Marine Industrial Center Development Plan; and WHEREAS, the Seward Marine Industrial Center Development Plan was updated based on draft reviews and comments of the Port and Commerce Advisory Board, the public, the Planning and Zoning Commission and City Administration; and NOW, THEREFORE, BE IT RESOLVED by the Seward Port and Commerce Advisory Board that: Section 1. The Board supports the adoption of the updated Seward Marine Industrial Center Development Plan. Port and Commerce Advisory Board Resolution 2008-01 Page 2 of 2 Section 2. The appendices will be updated Administratively as needed. Section 3. The Seward Marine Industrial Center Development Plan for the City of Seward, Alaska, attached is forwarded to: City Council for review and action. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board this 19th day of March 2008. THE CITY OF SEW , ALASKA Ron Long, Chair AYES: Butts, Long, Oliver, Schaefermeyer NOES: None ABSENT: Altermatt, Schuldt, Tougas ABSTAIN: None ATTEST: can Lewis, City Clerk (City Seal) AGENDA STATEMENT Date: March 19, 2008 To: Port and Commerce Advisory Board Through: Bob Hicks, Community Development Director From: Anne Bailey abo'-Qt-, Subject: SMIC Development Plan At the October 17, 2007 Port and Commerce Regular Meeting the Board passed the motion to Support the Planning and Zoning Commission changes to the Plan, as amended by PACAB, and forward the Plan to City Council for review and action. Since this occurred a few months ago the updated SMIC Plan, the updated appendices and Resolution 2008-01 supporting the SMIC Plan have been placed on the March 19, 2008 PACAB Regular Meeting agenda for PACAB's review as a consent agenda item. Resolution 2008-01, Supporting City Council Adoption of the Updated Seward Marine Industrial Center Development Plan has been placed on the consent agenda to show Council that PACAB supports the updated SMIC plan. This item can be approved as a consent agenda item or PACAB can make a motion to pull the item off of the consent agenda and place it on the agenda for discussion. If Resolution 2008-01 is approved the Plan will move forward to Council for their review and action. City of Seward, Alaska Port and Commerce Advisory Board Minutes March 19, 2008 Volume 3, Page 524 Dan McDonald,1702 Resurrection Boulevard, discussed the 250 ton Travel Lift. He stated that he had a vested interest in the operation of the travel lift; it was a used City asset and he would like to see it continued. Long stated Administration would ask the Board to consider some options on how to handle the travel lift and hoped McDonald would stay involved in this issue. The Board discussed the three options for the travel lift in detail. Bencardino, Alaska Railroad, mentioned on June 14, 2008 Generals from different Countries would be arriving in Seward. In response to Schaefermeyer, Bencardino stated Jim Blasingame was the point of contact for this event. Approval of agenda and consent agenda Motion (Butts/Schaefermeyer) Motion Passed Approve the Agenda and Consent Agenda Unanimous The following items were approved under the Consent Agenda: Resolution 2008-01 Supporting City Council Adoption of the Updated Seward Marine Industrial Center Development Plan December 5, 2007 Regular Meeting Minutes February 6, 2008 Regular Meeting Minutes Unfinished Business - Discuss and take action on possible amendments to the process of reviewing the Project Status List Long referred to the options on how to handle the project status list in the packet. Butts suggested that the Board decide if they wanted a project status list, a priority list or both. The Board discussed the purpose of and how to handle the project status list and possibly creating a priority list. t-, w S5 AGENDA STATEMENT Date: October 17, 2007 To: Port and Commerce Advisory Board Through: Scott Ransom, Harbor Master From: Anne Bailey, Executive Liaison Subject: SMIC Development Plan At the September 12, 2007 Port and Commerce Advisory Board Regular meeting the Board amended the SMIC Plan page five under Management adding #3 to read, "Ensure that the facility and uses are consistent with the requirements of the Maritime Security Act of 2002 33.CFR.104.105 as applicable." The Board also placed a motion on the floor to "Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review." This motion was not completed due to the adjournment of the meeting, so, it will be placed under Unfinished Business for the October 17, 2007 Regular Meeting. Once this agenda item comes before the Board the motion is automatically on the floor and discussion continues. The Board should continue discussing the motion on the floor to "Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review." The Board must vote on or choose to amend this motion prior to moving onto further discussion topics. The Board is not required to make their final recommendation to City Council at this time but it is recommended that the Board give direction on how they wish to proceed with the Seward Marine Industrial Center Development Plan update. RECOMMENDATION: The Board should continue discussing the motion on the floor to "Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review." The Board must vote on this motion prior to moving onto further discussion topics. City of Seward, Alaska Port and Commerce Advisory Board Minutes October 17, 2007 Volume 3, Page 496 Erchinger stated that she would send an email to PACAB in regards to lease rents and the raw fish tax. In response to Schaefermeyer, Erchinger stated that the City employees medical plan expenses would be increasing from $100 to $155 a month. Administrative Report Harbormaster Scott Ransom reported on the following items: • Parks and Recreation Director Karin Sturdy asked Ransom to relay that parking was officially closed and nine businesses purchased 77 seasonal passes for their employees, which was 34% employee permits were purchased by the employer. • Welcomed the new PACAB Board Members. • The new Executive Liaison was Kathy Mize and would replace Bailey during her maternity leave. • With Council approval the harbor would have a bid for a contract of 3.125 million dollars for renovation of I dock, T dock, and construction of the bulkhead for the travel lift dock and electric work. The work should occur this winter. In response to Butts, Ransom stated that the work would be completed by the summer with a March 31, 2008 deadline for in water work. Citizens' comments on any subject except those items scheduled for public hearing- None Approval of agenda and consent agenda Motion (Schafermeyer/Altermatt) Motion Passed Approve the Agenda Unanimous Consent Schafermeyer requested that some clerical changes be made to the September 12, 2007 minutes. He referred to page 39 of the packet and requested that "what" be added to his comment; page 41 add "want to" to his comment and stated that he did not believe the meeting adjourned due to a lack of quorum but due to lack of time. By general consensus, the Board approved the changes to the September 12, 2007 minutes and staff would place the amended minutes for approval on the next regular meeting agenda. UNFINISHED BUSINESS- SMIC Development Plan Changes and Comments forwarded back from Planning and Zoning Commission r�� City of Seward, Alaska Port and Commerce Advisory Board Minutes October 17, 2007 Volume 3, Page 497 Long introduced the SMIC Development Plan and stated that there was a motion on the floor and requested that Bailey read the amendment that was made to the plan at the last meeting. Bailey restated the amendment "SMIC Plan page five under Management add #3 to read, Ensure that the facility and uses are consistent with the requirements of the Maritime Security Act of 2002 33.CFR.104.105 as applicable." She stated that this was passed by unanimous consent. Long stated that we were back to the motion as amended and stated that there were couple of updates on schematics and stated that there was language in the document stating the attachments must be documented and kept current. He asked Ransom how the documents were updated and kept current. Ransom recommended that we would gather the appendices information from the City departments and suggested that we contract the project and have someone help compile the information electronically and stated that it was an on -going process. In response to Long, Ransom stated that the cost to update this could stay within the harbor budget but at the moment it was not a line item. Butts reiterated that the appendices were necessary to understand the document and that it could be done without an excessive amount of work. She suggested that a Land Use Map with the leases marked out it and a pencil mark around where the AVTEC fire training may go. She stated that this was useful information and not just supplementary. In response to Long, Bailey read the motion on the floor as amended. She read, "Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review." Schafermeyer clarified that we are forwarding this to Council for their action and asked that that be added to the motion. Long stated that it should be sent with the motion and ask Council to recommend the appropriate department to update the attachments. Schaefermeyer stated that Council was the entity to do that and that writing the attachments was a staff function. Bailey clarified that we were voting on the motion on the floor. Motion on the Floor as amended Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review and action. City of Seward, Alaska October 17. 2007 Motion Passed Port and Commerce Advisory Board Minutes [volume 3, Page 498 Yes: Altermatt, Long, Schaefermeyer, Schuldt No: Butts Absent: Anderson and Tougas Project Status List- On -Going and discuss adding a joint work session Seward City Council in November on the Project Status List Butts referred to page 32 of the packet and asked for clarification about what the Board was supposed to do. Bailey clarified that at the last meeting the project status list was not discussed and was moved to unfinished business for this meeting. She stated that it was recommended to make a motion. Long stated that one of the hopeful outcomes of the Economic Forum was to clarify the roles and responsibilities of the Board. He supported adding the five items that Oates suggested to the list and to allow the Board to define their own roles and responsibilities within the framework of what was in the code. Long continued that then we could have a work session with Council to discuss topics. Schaefermeyer suggested that the Economic Forum be a topic at the next PACAB work session and that the Board do their own process before getting together with Council. Altermatt stated that Oates was curious what the Board thought their roles and responsibilities were and thought it was a good idea to meet with the new Council. She continued that at the Economic Forum there was not a lot discussed in regards to PACAB's role. Long stated that there was a preliminary meeting combining all of the information gathered at the meeting. He said that there may be information from the other portions of the discussion that may help PACAB. He stated that the information from the forum would be available to the public. He agreed with Schaefermeyer and wanted to schedule the Economic Forum as the topic for the November Work Session. The Board discussed the date and time for the next Work Session. Butts suggested that we discuss the Boards roles and responsibilities at the next work session as well. AGENDA STATEMENT Date: September 12, 2007 To: Port and Commerce Advisory Board Through: Scott Ransom, Harbor Master From: Anne Bailey, Executive Liaison Subject: SMIC Development Plan The Port and Commerce Advisory Board forwarded the Seward Marine Industrial Center Development Plan (Plan) to the Planning and Zoning Commission on April 4, 2007 for review and comments. The Planning and Zoning Commission held a Work Session on June 19, 2007 and suggested one change be incorporated into the body of the plan and noted support for the examination of setbacks and temporary structures in the SMIC area and are asking the Board to consider incorporating Port Security aspects required under new Homeland Security requirements. The Planning and Zoning Commission held a Regular Meeting on August 7, 2007 forwarding the Seward Marine Industrial Center Development Plan back to the Port and Commerce Advisory Board requesting that the following changes and comments be considered. The proposed updates have been incorporated into the Plan for review using bold -italicized -underlined for additions and sw;kethr-eug13 to denote deletions. (Please note: the approved 1995 Seward Marine Industrial Center Development Plan remains in effect until a new plan is adopted by Council.) The change has been highlighted in gray: BASIC MARINE INFRASTRUCTURE GOAL A dredged, protected basin with adequate docks, ship lifts and uplands to form a core marine industrial center that will accommodate new businesses in supporting a stable economic base with year-round jobs. The Basin envisioned by the 1980 Century-Quadra concept was enclosed, protected and dredged to -21 feet mean lower low water (MLLW) to accommodate medium draft vessels for ship repair, cargo off loading and general moorage. The basin has been dredged to design with -25 foot berths adjacent to the Shiplift Dock and the North Dock. The basin is protected by a rip rap breakwater along the east shoreline, by a filled sheet pile cell breakwater along the south and southwest, and by sheet piling along a section of the North Dock. It is still open to the bay along the west and northwest sides. 1. The unenclosed basin allows swells and surges which, at times, prohibits the loading and unloadin-a of vessels of all sizes, and inereases londingloff loading time, contributes to the damage of dock facilities and increases the potential for accidents. a. Airressive(y Pursue fundinP and enpineerine to enclose and protect the SMIC basin. e-b. Continue to work with the Corps of Engineers to review the feasibility of 80% federal funding involvement in the breakwater projects. In summary, the Commission forwards the Plan back to the Port and Commerce Advisory Board with the incorporated Planning & Zoning Commission comments: 1. Under Basic Marine Infrastructure La. add "Aggressively" 2. The Planning and Zoning Commission supports the Board examining setbacks and temporary structures in the SMIC area 3. The Planning and Zoning Commission suggests the Board consider incorporating Port Security aspects required under new Homeland Security requirements. The next step in the process is for the Board to forward the Plan to City Council for review and acceptance. The Board has some options on how to proceed at this time. These options include: 1) If the Board supports the proposed Planning and Zoning Commission change to the Plan, a motion can be made to forward the Plan to City Council for review. 2) The Board could set another work session to discuss Planning and Zoning's changes and comments and review the Plan with all of the changes shown. At their next Regular Meeting the Board could forward the Plan to the City Council or continue working on updates to the Plan. 3) The Board could discuss Planning and Zoning suggestions and review proposed changes during their next Regular Meeting. Once discussion is complete, there could be a motion forwarding the Plan to City Council for review with the proposed changes or there could be a motion forwarding the Plan to the City Council for review without the proposed changes. After a motion is made and seconded, Board Members could make specific motions requiring roll call votes on amendments they would like to have debated. 4) The Board could make a motion to accept or decline the Planning and Zoning proposed changes and comments. Then the Board could hold a Work Session to discuss the Plan without the bold-italicized-underUned or strikeportions. At their next Regular Meeting the Board could forward the Plan to the City Council. The Board is not required to make their final recommendation to City Council at this time. RECOMMENDATION: The Board give direction on how they wish to proceed with the Seward Marine Industrial Center Development Plan update. City of Seward, Alaska Port and Commerce Advisory Board Minutes September 12, 2007 Volume 3, Page 490 Schuldt stated that he thought the seasonal parking fees should be increased. Schaefermeyer concurred with Schuldt. Butts stated that she did not think the employee seasonal pass should be increased but vehicles with trailers and visitors passes should be increased. Long commented that he had a different perspective since where he came from visitors parked free and the only ones who paid were the employees and the slip holders. He stated that he did not have a problem with the increases as proposed. Schaefermeyer stated that he did not have a problem with the increased fees either. He asked if most employers compensated their employees. In response to Schaefermeyer, Sturdy stated that she believed that most individual employees bought there own parking pass. Schaefermeyer stated that he thought this was a pretty nominal fee even with the increase. Schuldt did not have a problem with the increase but agreed with Butts in not increasing the employee fees. He suggested that an additional benefit be given to the businesses that draw all these people into the area. Sturdy summarized that half the voting Commissioners did not support increasing the employee passes but there was unanimous consent on the other increases. Motion (Long/Butts) Recommend the proposed amended seasonal parking fees schedule stating that half the Board did not support increasing the employee fees Motion Passed Unanimous Consent SMIC Development Plan Changes and Comments forwarded back from Planning and Zoning Commission Butts stated that she supported the Planning and Zoning Change, that she was glad they supported setbacks and that she did not feel qualified to make recommendations on Port Security aspects. Long suggested that on page five of the SMIC Plan under Management the Board add a new number 3 reading "Ensure that the facility and uses are consistent with the requirements of the Maritime Security Act of 2002 33.CFR.104.105 as applicable." 1 1a City of Seward, Alaska Port and Commerce Advisory Board Minutes September 12, 2007 Volume 3, Page 491 Motion (Long/Schaefermeyer) Motion Passed SMIC Plan page five under Management add #3 to read, "Ensure that the facility and uses are consistent with the requirements of the Maritime Security Act of 2002 33.CFR 104 and 105 as applicable Unanimous Consent The Commission discussed the Planning and Zoning suggestion "supporting the Board examining setbacks and temporary changes in the SMIC area." Motion (Schafermeyer/Schuldt) Support the Planning and Zoning Commission changes to the Plan, as amended by the Port and Commerce Advisory Board, and forward the Plan to City Council for review Butts discussed the SMIC appendices and stated that they were outdated. She stated that she did not want to forward the Plan to Council with the outdated appendices because the plan would be incomplete. Ransom interjected that his recommendation was to bring the appendices up in the next work session. He stated that he would like direction on what the Board wanted to include and from Administrations perspective there had been utility improvements and the leases had changed. He stated that they would like to get the appendices into an electronic version that would be easier to maintain. Ransom continued that one option was to move the document that they had. Long referred to page 15 of the SMIC plan which read "Appendix (The attachments must be updated and kept current.)' and said that we could accept that statement as the direction and could be updated without the Board saying anything about it. Schaefermeyer stated that he did not want to wait to update all of the appendices before the Board presented this document to Council. Butts agreed that this should be on -going but she felt that she was presenting an incomplete document to Council and she did not feel comfortable with that. The Board discussed and was unable to come to a consensus regarding the appendices. Meeting adjourned at 2:00 p.m. due to time constraints. The unfinished business items would move to the next Regular PACAB meeting. Anne Bailey Executive Liaison (City Seal) Ron Long Acting Chair 4 C, 1 u City of Seward, Alaska Planning Commission Minutes August 7, 2007 Volume 6, Page 208 Smith commented that the way the Resolution was portrayed was misleading. He stated that he was under the impression that this was a minimum security prison for minimum security people and now that it was explained he understood that it was a taking into consideration the level of security inside the prison. The Commission discussed the fencing requirement. Glenz referred to the packet and application and stated that there was a blow-up of the fencing section and it was a part of what the Commission would be approving. The Commission suspended the rules to allow Jolund Luther to speak. In response to Roach', Luther stated that originally there were three building location alternatives and Alt #Iwas the location the City and the facility decided to place the building. Motion Passed Unanimous Unfinished Business — None New Business — Approve Planning and Zoning Commission suggested changes and comments to the SMIC Development Plan and forwarding the plan back to PACAB Glenz stated that the Commission held a work session on June 19, 2007 to review and make recommendations to PACAB regarding the Seward Marine Industrial Center Development Plan. She continued that P & Z had suggested one change to the plan and noted support for the examination of set backs and temporary structures in the SMIC area and asked that Port & Security aspects be considered. She stated that staff recommended the Commission approve by motion that the SMIC Development plan be forwarded back to PACAB with these comments or others as the Commission deem necessary. Motion (Clark/Smith) Move to forward the Seward Marine Industrial Center Development Plan back to the Port and Commerce Advisory Board with the incorporated Planning and Zoning Commission comments Keil stated that she believed these changes were discussed at the work session and asked if anyone wanted to add anything else. She believed that these were good suggestions and hoped PACAB would accept them. Clark requested that the Executive Liaison relay to PACAB that he thought they did a good job consolidating the plan and making it a good document. City of Seward, Alaska Planning Commission Minutes August 7, 2007 Volume 6, Page 209 lk Motion Passed Unanimous Select a Work Session Topic for August 21, 2007 Keil stated that she would be gone from August 8-23, 2007 and would not be able to attend the special meeting or the work session. She asked if the Commission had a topic they would like to discuss at the August 21, 2007 Work Session or if it should be cancelled. Anderson stated that she thought the Commission should cancel the work session. Hicks commented that he would interview one or two of the Commissioners about Title 15 in place of the work session. In response to Keil, Glenz stated that if Hicks met with one Commissioner at a time a notice would not have to be posted. Hicks confirmed what his role would be in the interviewing process. Glenz stated that once Commissioner Hicks was ready to present his findings a work session would be publicly announced. Keil clarified Hicks' roles and that the Commissioners would not make any decisions while being interviewed. By general consensus the August 21, 2007 work session was cancelled. Informational Items and Reports (No action required) — Notice of Public Hearing for the August 14, 2007 Special Meeting Approved Resolution 2007-08, P & Z Priorities List Commission Comments — Anderson stated that she wanted to give them a report on the meeting with Mr. Bockhurst but was not prepared. She thanked Hicks for his generosity in helping with Title 15. Roach' thanked Hicks for his service and thanked the audience for coming. Smith requested that the Commissioners review the Code before their interview with Hicks, so, they were not wasting Hicks' time. Hicks stated that he was looking forward to working on the Code and that once the project began it should be completed in a timely manner. :J 5 Sponsored by: Administration r.. CITY OF SEWARD, ALASKA RESOLUTION 2006-131 A RESOLUTION OF THE CITY OF SEWARD, ALASKA, ASSIGNING THE PORT AND COMMERCE ADVISORY BOARD (PACAB) TO REVIEW AND UPDATE THE SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN WHEREAS, the Seward Marine Industrial Center Development Plan was adopted by Council by Resolution 1995-007; and WHEREAS, Seward City Council recommended the Kenai Peninsula Borough approve the Seward 2020 Comprehensive Plan by Resolution 2005-26; and WHEREAS, the Seward 2020 Comprehensive Plan was adopted by Kenai Peninsula Borough Ordinance 2005-48; and WHEREAS, the Seward 2020 Comprehensive Plan recommended, "Update the Seward Marine Industrial Center (SMIC) Plan'; and WHEREAS, the Seward 2020 Comprehensive Plan recommended "Revisit the 1995 �.,., SMIC Development Plan to include new market trends and modern technologies for ship repair and construction, shipping of natural resource products, boat storage, and other compatible industries, soliciting support from Alaska Industrial Development and Export Authority (AIDEA) and the US Economic Development Administration (EDA)." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. PACAB is asked to review and facilitate public workshops and public hearings for the Seward Marine Industrial Center (SMIC) Development Plan update. Section 2. The SMIC Development Plan should be reviewed and updated with Community Public Work Shops and Public Hearings. Section 3. PACAB is authorized to provide a SMIC Development Plan update to the Planning and Zoning Commission to gather their input. Section 4. PACAB shall consider the Planning and Zoning Commission's recommendations and submit a full SMIC Development Plan to Administration. Section 5. This resolution shall take effect immediately upon its adoption. 11; .l Seward City Council Resolution 2006-131 1 PASSED AND APPROVED by the City Council of the city of Seward, Alaska this 27th day of J November 2006. THE CITY OF SEWARD, ALASKA T Vanta Shafer, Mayor AYES: Dunham, Valdatta, Schafer, Bardarson, Thomas, Amberg, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: J�Je7a`nL�ewis, CMC City Clerk (City Seal) ptur�up 0f SF�����i J Page 1 of 1 Spon3ond by. Planning A Zoning Commissioij • CITY OF SEWARD, ALASKA RESOLUTION NO. 93.007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA. ADOPTING THE SEWARD MARINE INDUSTRIAL CENTER DEVELOPMENT PLAN WHEREAS, initial construction of the Seward Marine Industrial Center began in 19RC with the shiplift hecoming operational in 1985; and WHEREAS. the City has haled the conmrmlion and development on a 19" project description prepared by its consulting engineers, and WHEREAS, funding limitations and economics have slowed final development. and there is a need to provide priority ditections for its full development; and WHEREAS, the Seward Port and Commerce Advisory Hoard initiated a plan to guide city management and private enterprise in the continued development and management of the Seward Marinc Industrial Center, and WHEREAS, a plan has been completed based on draft reviews and comments by members of the Port and Commerce Advisory Board. industrial center users. Platming and toning Commission members and city staff. and WHEREAS, the plan has been recommended for adoption by both the Pon and Commerce Advisory Board and the Seward Planning and 7oning Commission; NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD. ALASKA, that: Sedlan 1. The Seward Marine Industrial Center Development Plan. attached and incorporated herein by reference, is hereby ADOPTED. Ssetion 2. This resolution shall lake cflect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska this 23rd day of January. 1995, THE CITY OF SEWARD, ALASKA • --4. Li� Dave W. Crane, Mayor Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $1 MILLION STATE GRANT FOR THE IMMEDIATE STABILIZATION OF THE JESSE LEE HOME AND ADMINISTERING A PHASE II STRUCTURAL ENGINEERING REPORT FOR THE FRIENDS OF THE JESSE LEE HOME WHEREAS, resolution 2005-66 recognized the Jesse Lee Home as a historical landmark for the State of Alaska and the City of Seward, and recognized the restoration of the Jesse Lee Home as a City priority, and directed the city manager or his designee to support the Historic Preservation Commission to develop relationships with private, state and federal organizations to further pursue the preservation and restoration of the Jesse Lee Home; and WHEREAS, resolution 2005-83 supported the use of the Jesse Lee Home as an educational institution and directed the city manager or his designee to support the Historic Preservation Commission to apply for a grant or grants intended to develop a feasibility study and continue to pursue relationships with private, state and federal organization's; and WHEREAS, the City of Seward approved resolution 2006-119 recognizing the Friends of the Jesse Lee Home (Friends) as a statewide interest group and project partner dedicated to the restoration of the Jesse Lee Home as a statewide leadership school; and WHEREAS, Resolution 2006-119 directed the city manager to support the Friends in seeking private grants and/or the funding for the Jesse Lee Home and support the Friends to assure the success of this partnership; and WHEREAS, in 2007, the Friends of the Jesse Lee Home secured a state grant of $1 million for the purpose of immediate stabilization of the Jesse Lee Home; and WHEREAS, the State of Alaska has appropriated grant funds to the Department of Natural Resources totaling $1 million; and WHEREAS, the Friends have requested the City of Seward advertise, award and administer a contract to secure services from a professional to prepare the phase 11 engineering report; and CITY OF SEWARD, ALASKA RESOLUTION 2008-034 WHEREAS, this report will recommend appropriate strategies for the rehabilitation, development and management of the Home in a manner that recognized the Jesse Lee Home's historical significance; and WHEREAS, the report will help outline the most immediate structural needs, prioritize the highest priorities and provide recommendations for immediate stabilization to the Friends of the Jesse Lee Home and the City of Seward; and WHEREAS, the remaining funding will be used to stabilize the Jesse Lee Home until additional funds are secured. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is authorized to accept a grant from the State of Alaska. Section 2. The city manager is authorized to accept grant funds totaling $1 million to the Jesse Lee Home Rehabilitation Fund account no. 271-2719-4680-0200. Section 3. The city manager is authorized to execute an RFP for a Phase II structures report to help outline the most immediate structural needs, prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of April, 2008. AYES: NOES: THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor n r�� Council Agenda Statement Meeting Date: April 28, 2008 Through: Phillip Oates, City Manager kk� Agenda Item: Authorizing the city manager to accept a $1 Million grant from the Alaska Department of Natural Resources and authorizing the city manager to execute an RFP for a Phase II structures report to help outline the most immediate structural needs prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. BACKGROUND & JUSTIFICATION: The Friends of the Jesse Lee Home (Friends) are a statewide special interest group dedicated to the preservation of the Jesse Lee Home for a worthy sustainable end use. The Friends have embraced a leadership charter school as their preferred alternative use for the facility, and are actively lobbying for funds and seeking grants to fulfill their plans. The Jesse Lee Home buildings are national treasures. They are listed individually on the National Register of Historic Places. The National Trust for Historic Preservation found the buildings, their history and the proposed use to be compelling enough to award a nationally competitive pre - development grant. The Friends secured a $1 Million grant from the State of Alaska in 2007 and are expecting another $1 Million grant from the State of Alaska in 2008. The Friends have an active capital campaign where they are raising additional private and corporate funds; in addition to seeking grants and historic preservation tax credits to complete the end goal of fully restoring the property. The Friends propose to restore the facilities to their best and highest use, as a residential, statewide leadership charter school for high-school aged youth. Students from across the state will come to stay at the Jesse Lee Home to study with local day students in Alaska's only residential charter school, learning through competency -based educational techniques about leadership, democracy, sciences, mathematics, politics, technology and the humanities at the same time as they learn about what makes Alaska work: hands-on skills such as plumbing, welding, computer repair, home-building and healthcare. This leadership charter school will be a state of the art, innovative education model customized for our state's greatest needs. The Jesse Lee Home leadership charter school will provide a critical component of Alaska's education ensuring a secure future for our state. This charter school will not only instill leadership skills, it will also instill a sense of experiential teaming and democratic education to specifically foster the future leaders of the State of Alaska. The goal is that upon graduation from the Jesse Lee program, these students will be technologically fluent, self -motivated, committed to lifelong learning and have a strong sense of responsibility. They will then go back home and share their experiences with their communities. It is hoped that students will foster lifelong relationships with their Jesse Lee Home peers. They will grow up to be leaders in their communities, able to address complex issues capably and empathetically across the traditional divides of race, gender and class. n, , Economic Benefits to the Community: The Jesse Lee Home is physically located in Seward, Alaska. The Friends of the Jesse Lee Home (Friends) expect that students from the ten rural and urban school districts using the Re -Inventing Schools Coalition (RISC) approach will be interested in semester -long, cross -district cohorts. The Friends believe that students from across the state will compete for regional corporation scholarships to cover their room and board costs for semester or year -long stays. The Friends also believe that the home -school population of Seward is a potential day school cohort and is collaborating with the public high school to create a partnership effort in conjunction with the Kenai Peninsula school district. Charter schools are affecting community economic development (CED) in three major ways. First, there is growing evidence that an increasing number of community -based organizations are starting charter schools to expand their current services. Second, as neighborhood schools improve, families are less likely to move once they have children. Finally, with respect to real estate development, charter schools often purchase or lease vacant, dilapidated buildings, long viewed as eyesores, and renovate them into state-of-the-art new schools and even community centers. Charter schools have a direct impact on community development as they help turn rundown, unused structures into renovated school buildings. Charter schools are generally welcome to communities and are positive additions to their neighborhoods. The Jesse Lee home is a cherished landmark and a fully restored facility will allow the community to treasure their historic landmark. Furthermore, the Jesse Lee Home will become the gem of the state, where Alaskan leaders teach students to become the future leaders of our great state. City of Seward Historical Support: In 2005, Resolution 2005-66 recognized the Jesse Lee Home as a historical landmark for the State of Alaska and the City of Seward, and recognized the restoration of the Jesse Lee Home as a City priority, and directed the city manager or his designee to support the Historic Preservation Commission to develop relationships with private, state and federal organizations to further pursue the preservation and restoration of the Jesse Lee Home. Again, in 2005, Resolution 2005-83 supported the use of the Jesse Lee Home as an educational institution and directed the city manager or his designee to support the Historic Preservation Commission to apply for a grant or grants intended to develop a feasibility study and continue to pursue relationships with private, state and federal organizations. In 2006, the City of Seward approved resolution 2006-119 recognizing the Friends of the Jesse Lee Home (Friends) as a statewide interest group and project partner dedicated to the restoration of the Jesse Lee Home as a statewide leadership school. Again, in 2006, Resolution 2006-119 directed the city manager to support the Friends in seeking private grants and/or the funding for the Jesse Lee Home and support the Friends to assure the success of this partnership. In 2007, the Friends of the Jesse Lee Home secured a state grant of $1Million for the purpose of immediate stabilizing of the Jesse Lee Home. The State of Alaska has appropriated grant funds to the Department of Natural Resources totaling $IMillion. The Friends of the Jesse Lee Home have created bylaws and articles of incorporation to create a non- profit, 501(c)3. This status is still pending state approval. Until they receive this status, the Friends are not a legal entity and are not able to administer the $1 Million for a structures report or immediate stabilization. Due to the fragile state of the Jesse Lee Home structures, the Friends are concerned that time is of the essence. The Friends would like to update the structures report that was administered by the City of Seward in 2003 to obtain a professional recommendation for the immediate stabilization of the structures and have asked the City of Seward to assist them in this effort. The Friends are able to provide administrative assistance to help facilitate the request for proposal and the City will not incur any costs other than some in -kind staff time. The Friends have requested the City of Seward advertise, award and administer a contract to secure services from a professional to prepare the phase II engineering report. The $1 Million grant will cover all costs to the City. Attached is a Friends of the Jesse Lee Home Background summary report for additional information about the project. Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: There is no cost to the City of extending this contract other than some in -kind staff assistance. 0 1 RECOMMENDATION: Seward City Council approve Resolution 2008- � authorizing the city manager to accept a $1 Million grant from the Alaska Department of Natural Resources and authorizing the city manager to execute an RFP for a Phase II structures report to help outline the most immediate structural needs, prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PAY AIR TEK, INC $5,164.68 FOR WORK ORDER CHANGE TO COMPLETE LIFT STATION #1 RECONFIGURATION PROJECT WHEREAS, Resolution 2007-031 authorized an appropriation of $72,000.00 to perform upgrades for the reconfiguration of Lift Station #1; and WHEREAS, Air Tek Inc. was paid a "not- to- exceed" amount of $ 60,504.00; leaving over $11,000.00 already appropriated but not spent; and WHEREAS, one additional work order was submitted and approved for $5,164.68; and WHEREAS, the project has been satisfactory completed and closed out by the Public Works department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to pay Air Tek, Inc. $5,164.68 for final payment of Lift Station #1 control reconfiguration project. Section 2. This resolution shall take affect immediately upon its adoption PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of April, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Council Agenda Statement Meeting Date: April 28, 2008 To: Phillip Oates, City Manager 4✓ From: W.C. Casey, Public Works Director Agenda Item: Authorizing the final payment of $5,164.68 to Air Tee, Inc. for one work order change to Resolution #2007-31 Lift Station #1 control reconfiguration project BACKGROUND & JUSTIFICATION: Resolution 2007-031 authorized the City Manager to enter into an agreement with Air Tee, Inc to perform upgrades for the reconfiguration of Lift Station #1 control's at a NTE amount of $60,504.00. The Resolution also appropriated a contingency fund of 20% or $11,496.00, for a total project cost of $72,000. The project (electrical and control reconfiguration) was successfully completed in the fall of 2007. The Public Works Director, during the construction phase, authorized a necessary change order for an amount not -to -exceed of $5,164.68. Contingency funds in the amount of $11,496 were inadvertently omitted from Resolution 2007-031, thus creating a problem paying the change order for $5,164.68. Air Tee Inc. has been cooperative with this oversight, and this payment will not require an additional appropriation. CONSISTENCY CHECKLIST: Where applicable this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures Other: NA FISCAL NOTE: Funds have been previously allocated and approved by Council under Resolution 2007-031 from the wastewater retained earnings account 703-0000-3071-0866 to account 866-8664-5930 Approved by Finance Department: L� �'u RECOMMENDATION: The City Manager is hereby authorized to pay Air Tee Inc. a not -to -exceed amount of $5,164.68 for the approved Change order at Lift Station #1. (05 Sponsored By: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA TO APPROVE AND ADOPT THE SEWARD/BEAR CREEK FLOOD SERVICE AREA FLOOD HAZARD MITIGATION PLAN WHEREAS, the Seward/Bear Creek Flood Service Area (SBCFSA) was established in 2003 to help manage and reduce risks and impacts associated with flooding in the Seward area; and WHEREAS, the Seward/Bear Creek Flood Service Area boundary includes the City of Seward; and WHEREAS, the mission of the SBCFSA is to provide flood planning, protection and mitigation services in coordination with the appropriate agencies to reduce the risk of flood damage to private and public property through addressing issues that best reflect a fair use of the tax levy for watershed -wide benefit; and WHEREAS, the Seward/Bear Creek Flood Service Area has revised and expanded the scope of their 2005 Flood Hazard Mitigation Plan to meet FEMA standards by means of a FEMA Planning Grant; and WHEREAS, the revised and updated SBCFSA Flood Hazard Mitigation Plan has been approved by the Seward/Bear Creek Flood Service Area Board; and WHEREAS, the revised and updated SBCFSA Flood Hazard Mitigation Plan has been adopted by the Kenai Peninsula Borough Assembly at their meeting of 3/11/08; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan has been approved by FEMA, Region X and the State of Alaska Homeland Security Department; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan compliments and augments Annex A in the City of Seward's All Hazard Plan concerning flood mitigation planning; and WHEREAS, the SBCFSA Flood Hazard Mitigation Plan contains an extensive inventory of waterways of concern and specific infrastructure and development that is threatened during flood events; and WHEREAS, the City of Seward chose the present tract of land over a prior proposed location for the Seward Long Term Care Facility precisely because the City CITY OF SEWARD, ALASKA RESOLUTION 2008-036 concluded that it does not lie in a risk area, as alleged in the Flood Hazard Mitigation Plan (p. 29); and WHEREAS, the City of Seward has been told clearly and decisively by authorizing government agencies that the North Forest Acres Levee/Access Road Project will not be approved along the "Red Line" bypass route endorsed in the Flood Hazard Mitigation Plan (p. 30); and WHEREAS, the City of Seward agrees that the Fourth of July Creek levees should be inspected but has no present factual evidence of any clear and present danger compelling inspections and updating or replacement of levees "before" carrying forward present development plans for the AVTEC Fire Training Center and expansion of Spring Creek Correctional Institution, as recommended in the Flood Hazard Mitigation Plan (p. 42); and WHEREAS, the mitigation measures identified throughout the SBCFSA Flood Hazard Mitigation Plan call for coordination between local, state and federal agencies to address flood issues and avoid duplication of effort. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan, dated November 2007, is hereby approved by the Seward City Council in principle. Section 2. The City of Seward finds insufficient evidence to conclude that the Long Term Care Facility is being built in a flood risk area, and respectfully disagrees with that conclusion in the Flood Hazard Mitigation Plan. Section 3. It is impossible to build the North Forest Acres Levee/Access Road Project along the "Red Line" bypass route, and the City of Seward respectfully disagrees with that recommendation in the Flood Hazard Mitigation Plan. Section 4. While the City of Seward endorses the recommendation for inspection of the levees on Fourth of July Creek, the Flood Hazard Mitigation Plan offers no factual evidence of imminence, such that further development in the Seward Marine Industrial Complex (AVTEC Fire Training and Spring Creek Correctional expansion) should cease until such inspections occur. Section 5. The City of Seward heartedly commends the Seward Bear Creek Flood Service Area board and staff for composing a Flood Hazard Mitigation Plan of commendable quality and practical usefulness to the community of Seward. Section 6. This resolution takes effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 280' day of April, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk Council Agenda Statement Meeting Date: April 28, 2008 To: Phillip Oates, City Manager )�y—V From: Bob Hicks, Community Development Director Agenda Item: A Resolution of the City Council of the City of Seward Alaska to Approve and Adopt the Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan BACKGROUND: A draft Flood Hazard Mitigation Plan was reviewed by the Planning and Zoning Commission in mid 2007. The Commission found no comments or exceptions. During a January, 2008 joint meeting, the SBCFSA board informed the P & Z Commission that the Plan had been submitted to FEMA for approval. A few copies were handed to commissioners at that time, and more sent to the rest of the commission days later. However, there was no indication that the Plan submitted to FEMA was different, nor was there any request that P & Z review the document again. The SBCFSA submitted its Resolution directly to the City Council for approval and adoption. Plans "guide the land use regulation system" of the City of Seward. SCC 15.05.020 Changes in land use regulation in Seward should first be reviewed by the Planning and Zoning Commission. SCC 15.01.035©(2)&(3). The staff of the Community Development Department therefore scheduled the matter for quick review again by the Planning and Zoning Commission, during its meeting of March _, 2008. Through a miscommunication between SBCFSA staff and Community Development staff, the P & Z Commission was informed that there were no changes from what they had reviewed earlier in 2007. We presumed this was a perfunctory process, merely accommodating a formality before final Council approval. During the P & Z meeting, one commissioner noted that some information in the Flood Hazard Mitigation Plan could not have been in the earlier version, because the City did not acquire the LTCF property until October, 2007. Upon further review, commissioners and staff found three problems with an unqualified approval of the Plan by the City of Seward. At page 29, the Flood Hazard Mitigation Plan states, Infrastructure at risk on the Japp Creek alluvial fan includes all Seward schools, .... In 2007 the City of Seward chose a tract of land also in the risk area on which to build the future Seward Long Term Care Facility. In fact, the City of Seward abandoned an earlier site and chose the present site precisely because it would not be in a flood risk area. It would be grossly irresponsible for the City of Seward to n .._ 4- . , build such a care facility in a flood risk area. It would be equally irresponsible for the Kenai Borough School District to build schools in a flood risk area. The Flood Hazard Mitigation Plan does not give technical or scientific definitional validity to its use of the words "risk area" in the quoted paragraph. The City of Seward should not endorse a subjective opinion that clearly flies in the face of prior studied decisions to move the LTCF, and imminent construction at this present, safe location. At page 30, the Flood Hazard Mitigation Plan states, Encourage the City of Seward to follow [through] with the Japp Creek Levee "Red Line" bypass road to provide [an] alternate access and emergency evacuation route. That is impossible. Permitting agencies have clearly and decisively stated that they will not approve the levee road along that route. Hence, the City cannot "approve and adopt" that statement in the Plan. At page 42, the Flood Hazard Mitigation Plan states, In 2007, further development of the Seward Marine Industrial Complex was approved by the Seward City Council as well as a project to add on to Spring Creek Correctional Institution. The current levees need to be inspected and updated or replaced if needed before these plans are carried out. [Italics added] As the Plan states in the preceding sentence on page 42, "In 1991 the City of Seward funded the modification of the levees which in 1992 were determined by the Corps of Engineers to be able to prevent most flooding without significant damage." There is no factual evidence in the Plan suggesting that any levee poses a clear and present danger to continuing development, so imminent that all development should stop until "inspected and updated or replaced if needed." The staff agrees that these levees should be inspected, and as soon as possible. It has been 16 years since the Corps of Engineers determination of reasonable capability. But, there is no factual evidence in the Plan suggesting that these levees are presently in serious disrepair, such that inspection must occur "before" development of the AVTEC fire training school, and development of the Spring Creek Correctional Facility. FISCAL NOTE: N/A nn�� Approved by Finance Department: X RECOMMENDATION: (1) The Administration recommends adding three background statements to the "whereas" clauses of the Resolution: WHEREAS, the City of Seward chose the present tract of land over a prior proposed location for the Seward Long Term Care Facility precisely because the City concluded that it does not lie in a risk area, as alleged in the Flood Hazard Mitigation Plan (p. 29); and v; ' N.1. WHEREAS, the City of Seward has been told clearly and decisively by authorizing government agencies that the North Forest Acres Levee/Access Road Project will not be approved along the "Red Line" bypass route endorsed in the Flood Hazard Mitigation Plan (p. 30) WHEREAS, the City of Seward agrees that the Fourth of July Creek levees should be inspected but has no present factual evidence of any clear and present danger compelling inspections and updating or replacement of levees "before" carrying forward present development plans for the AVTEC Fire Training Center and expansion of Spring Creek Correctional Institution, as recommended in the Flood Hazard Mitigation Plan (p. 42); and (2) The Administration recommends adding four findings and conclusions to the "resolved" clauses of the Resolution: SECTION 2. The City of Seward finds insufficient evidence to conclude that the Long Term Care Facility is being built in a flood risk area, and respectfully disagrees with that conclusion in the Flood Hazard Mitigation Plan. SECTION 3. It is impossible to build the North Forest Acres Levee/Access Road Project along the "Red Line" bypass route, and the City of Seward respectfully disagrees with that recommendation in the Flood Hazard Mitigation Plan. SECTION 4. While the City of Seward endorses the recommendation for inspection of the levees on Fourth of July Creek, the Flood Hazard Mitigation Plan offers no factual evidence of imminence, such that further development in the Seward Marine Industrial Complex (AVTEC Fire Training and Spring Creek Correctional expansion) should cease until such inspections occur. SECTION 5. The City of Seward heartedly commends the Seward Bear Creek Flood Service Area board and staff for composing a Flood Hazard Mitigation Plan of commendable quality and practical usefulness to the community of Seward. Section 5 is included in the staff recommendation because, but for three "details" critical for the City, this 57-page (plus Appendices) Plan is a masterful product bringing huge benefit to the entire community of Seward. D r.40LX + Kenai Peninsula Borough Service Area Seward/Bear Creek Flood Service Area Board 302 Railway Suite N123, P.O. Box 1554 Seward, Alaska 99664 (907) 224.3340 (907) 224.5197 (Far) sbc1sa@arc6c.net mi,w.se%udbearcreekfloodseivice, rea.org Memorandum TO: Mayor Clarke Corbridge and Seward City Council FROM: Seward/Bear Creek Flood Service Area DATE: 10 March 2008 RE: City of Seward Resolution Approving the 2007 Seward/Bear Creek Flood Service Area (SBCFSA) Flood Hazard Mitigation Plan The Seward/Bear Creek Flood Service Area was created in October 2003 as a result of a ballot measure voted on by voters both inside and outside the City of Seward. Its stated mission is to provide flood planning, protection and mitigation services in coordination with the appropriate agencies to reduce the risk of flood damage to private and public property through addressing issues t11at best reflect a fair use of the tax -levy for watershed - wide benefit. In order to first address the planning portion of its mission, the SBCFSA appointed and elected volunteer board members contributed hundreds of hours to create the original Seward/Bear Creek Flood Hazard Mitigation Plan which was published in 2005. The plan identified flood hazards, inventoried watersheds and planned mitigation for the entire service area. In 2006, the SBCFSA was awarded a Planing Grant from FEMA to update its Flood Hazard Mitigation Plan to meet FEMA approval requirements. Although flood hazard planning is covered in both the Kenai Peninsula Borough All Hazard Plan and the City of Seward All Hazard Plan, FEMA recognized that, due to the significant flood history of the Seward area, a comprehensive overall plan covering flood hazard mitigation for die service area was needed. Based on the original SBCFSA Flood Hazard Mitigation Plan published in 2005 and building on the city and borough All Hazard Plans, die SBCFSA has updated and considerably expanded their original flood hazard plan. Hours and hours of research, data collection and consultation with forrner and current state floodplain managers resulted in the revised plan. The final plan has been approved by FEMA and adopted by the Kenai Peninsula Borough at their Assembly Meeting of March 11, 2008. The attached resolution would approve and adopt the plan as required by (lie terms of the FEMA Planning Grant. Your time and consideration are appreciated. Seward/Bear Creek ]Flood Service Area FLOOD HAZARD MITIGATION PLAN A Service Area of the Kenai Peninsula Borough November 2007 (Originally published July 2005) Seward/Bear Creek Flood Service Area FLOOD HAZARD MITIGATION PLAN TABLE OF CONTENTS Mission and Purpose...........................................................................1 Methodology.......................................................................................1 PublicParticipation..............................................................................2 PlanImplementation............................................................................3 SewardFacts......................................................................................4 Seward Flood History...........................................................................8 Flood Loss Information.......................................................................11 National Flood Insurance Program.......................................................11 NFIP Community Rating System Improvements......................................13 Repetitive Loss Property.....................................................................15 Service Area Mitigation Goals and Objectives.........................................16 Flood Hazard Area Inventory................................................................19 Resurrection River Watershed.............................................................20 ResurrectionRiver.............................................................................20 BoxCanyon Creek.............................................................................23 SalmonCreek....................................................................................25 Japp Creek (Japanese Creek)..............................................................28 Salmon Creek Watershed...................................................................31 BearCreek........................................................................................31 Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan November 2007 Kwechak Creek (Glacier Creek)............................................................32 LostCreek.........................................................................................34 ClearCreek........................................................................................36 LostCreek Watershed.........................................................................39 GrouseCreek.....................................................................................39 SometimesCreek...............................................................................40 Fourth of July Creek Watershed............................................................42 Fourthof July Creek ..................... ...................................................... 42 GodwinCreek....................................................................................44 Independent Watersheds.....................................................................45 Scheffler Creek (Rudolph Creek)..........................................................45 LowellCreek.....................................................................................46 SpruceCreek.....................................................................................50 SawmillCreek....................................................................................52 Coastal Floodplains............................................................................54 References......................................................................................... 56 Appendices Appendix 1- Seward/Bear Creek Flood Service Area Map Appendix 2- Board Members Appendix 3- Agency Contacts Appendix 4- Glossary Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan ii November 2007 w .i. Acknowledgements The original Seward/Bear Creek Flood Hazard Plan was published in July 2005 and was the product of many hours of volunteer work by the 2004 Appointed Board; Blaine Bardarson, Mark Beals, Kerry Martin, David Hayes, Tina McLean, David Squires and Peter Simon and by the 2005 Elected Board; Randall Stauffer, Steve Schafer, Timothy McDonald, Bill Williamson, Jim McCracken, Claudia Neklason and Jess Sweat. The plan was added to and updated in 2007 with contributions from Christy Miller, former Planner and Floodplain Manager for the Alaska Department of Commerce Community and Economic Development (DCCED) and currently a Program Manager with Tetra Tech (contracted as consultant by the SBCFSA), Taunnie Boothby, current Planner and Floodplain Manager for the Alaska DCCED, and Christina Stauffer, SBCFSA Administrative Assistant. Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan iii November 2007 tti •; � 'Y ry MISSION STATEMENT The mission of the Seward -Bear Creek Flood Service Area is to provide flood planning, protection, and mitigation services in coordination with the appropriate agencies to reduce the risk of flood damage to private and public property through addressing issues that best reflect a fair use of the tax -levy for watershed -wide benefit. PURPOSE The purpose of this plan is to fulfill the tasks set forth by Kenai Peninsula Borough Ordinance 2003-30 which established the Seward/Bear Creek Flood Service Area. Kenai Peninsula Borough code, section 16.50.090, defines the Seward/Bear Creek Flood Service Area's Board of Director's powers and duties, which include responsibility for developing, implementing and updating a plan for furnishing flood protection, planning, and mitigation services. In addition, this plan identifies the flood hazards and concerns within the Seward/Bear Creek Flood Service Area boundaries. It is the intention of the Seward/Bear Creek Flood Service Area Board, through cooperation with the Kenai Peninsula Borough, the City of Seward and the various regulating and permitting agencies, to create a program of activities that best manages the areas flood problems. METHODOLOGY The methodology used for the development of the Seward/Bear Creek Flood Service Area Flood Mitigation Plan consists of the following tasks: • Flood Hazard identification • Public Involvement Flood Area Inventory • Mitigation Recommendations Implementation • Coordination With Other Agencies and Organizations SBCFSA Flood Hazard Mitigation Plan November 2007 of i PUBLIC PARTICIPATION After disastrous flood events in Seward in 1986, 1995 and 2002, many Seward area residents recognized the need for centralized flood mitigation planning and floodplain development oversight. Individual neighborhood groups had begun meeting to plan for future flood events and found that it was difficult to keep momentum going after flood recovery had faded from everyone's priorities. In 2002, extensive damage occurred to property in the Marathon View subdivision from flooding of Salmon Creek. Much of this damage was due to development in the floodplain that lacked planning or hydrologic engineering and owner built structures that were not built to meet floodplain standards. At that time the Federal Emergency Management Agency (FEMA) recommended another layer of oversight beyond the City of Seward Planning Department and the Kenai Peninsula Borough to include a review of the permitting process over the entire watershed. They suggested this could be done without causing undue delay in the permitting process but would unify the flood mitigation efforts of both the City of Seward and the KPB. With this push from FEMA and through the efforts of Seward area citizens and, then, Assemblyman Ron Long, a public meeting was organized and held at the Alaska SeaLife Center on November 20, 2002. The purpose of the meeting, attended by more than 100 Seward area residents and about a dozen state, federal and borough officials, was to consider the establishment of a service area similar to a fire service area, to develop a water management plan and to work with the proper agencies to insure its implementation. This proposed service area would consist of residents both inside and outside the City of Seward and would be supported by a mil rate through taxes on properties within the service area. In October 2003 over 60% of the voters both inside and outside the city limits in the Seward/Bear Creek area voted to establish the Seward/Bear Creek Flood Service Area. The service area is advisory to the borough mayor with an established mission as stated previously. Since its inception through the publishing in July of 2005 of its Flood Hazard Plan, the SBCFSA has organized work sessions attended by the public and held public meetings at least once per month. A special town meeting was organized and held in the Seward City Council Chambers on November 3, 2005 by the SBCFSA and the City of Seward in cooperation with the Kenai Watershed Forum to get citizen input on funding LIDAR data gathering to update FEMA flood maps as part of a national flood map updating project. Following the flood disaster of October 2006 the SBCFSA organized a town meeting on October 19, 2006 which was attended by over 100 Seward/Bear Creek residents in order to update citizens on flood relief efforts and gain citizen input on flood mitigation priorities. This meeting was attended by representatives SBCFSA Flood Hazard Mitigation Plan 2 November 2007 from the City of Seward, the Kenai Peninsula Borough, Alaska Homeland Security, the state Department of Commerce Community and Economic Development and FEMA Region 10. In March of 2007 the SBCFSA invited public participation at a regular board meeting to prioritize several smaller projects that the SBCFSA might address left over from the October 2006 flood. The watersheds were examined for risk and where modest contracted dredging projects might make the most difference. Plans were made from this meeting to use service area funds in FY2007 and FY 2008 to do prioritized projects. In May of 2007 the SBCFSA organized town meetings to gather data and input from service area residents to be used by Northwest Hydrology Consultants to develop inundation maps and prioritize flood mitigation efforts. This meeting was also attended by representatives of all the involved agencies. Since February of 2007, the SBCFSA volunteer board conducts twice monthly public meetings to be able to respond to increased public interest and service area needs. PLAN IMPLEMENTATION The Seward/Bear Creek Flood Service Area Board will ask the City of Seward and the Kenai Peninsula Borough to adopt this plan to augment existing City and Borough plans. Each of these governing bodies has the authority to promote sound public policy regarding hazards, and it will take the collective effort of the City, the Borough, the SBCFSA and its residents and businesses, as well as state and federal agencies to continue to mitigate flood risks and losses SBCFSA Flood Hazard Mitigation Plan 3 November 2007 SEWARD FACTS History : Resurrection Bay was first explored and named in 1792 by Russian fur trader and explorer Alexander Baranof. While sailing from Kodiak to Yakutat, he found unexpected shelter in this bay during a storm. He named the Bay Resurrection because it was the Russian Sunday of the Resurrection. After the purchase of Alaska by the United States from Russia in 1867, the first American settlers began to arrive. The small settlement was named after William Seward who negotiated the Alaska purchase. Once the strategic value of Resurrection Bay as the only deep year round ice free port on the Kenai was established it was determined to be the natural starting place for a railroad to the interior of the state. Although the first to settle Seward was Captain Frank Lowell and his family in the 1890's, they were soon followed in 1903 by John and Frank Ballaine and a group of settlers to begin construction of a railroad and expand the growing port town. Seward became incorporated as a city in 1912 and the railroad was completed in 1923. The completion of the railroad established Seward as the ocean terminus and supply center for most of Alaska and it soon became the largest community on the Kenai Peninsula. Since the 1964 earthquake and resulting tsunamis destroyed the railroad terminal and most of the harbor infrastructure Seward's population and economy have changed considerably. Even so, while other ports in Alaska have exceeded Seward in size over the years, Seward continues to be an important supply and communications center for interior Alaska. Demographics and Economy: As of the 2000 census, total population for the Seward/Bear Creek area was 4,734 with a primarily non-native population and approximately 20.9% Alaska Native. The economy has diversified from transportation into tourism, commercial fishing and processing, charter fishing, ship services and repairs. Major year round employers outside of the local and federal government are the Spring Creek Correction Facility, and the Alaska Sealife Center. As the tourism industry has grown in Seward, the number of seasonal jobs has increased as well. Seward's economy is dependent on maintaining port facilities to accommodate the 1.4 billion pounds of cargo and 320,000 cruise ship passengers that are transported through Seward each year. The Seward Highway is the only road connecting Seward to the rest of the state. The railroad that parallels the highway through Seward, carries freight, coal and, in the summer, tourists. There is a small airport with two runways. The Department of Labor population estimate of July 2006 listed Lowell Point Census Designated Place (CDP) as having a population of 76. A rough estimate would be that 90% of the residents of Lowell Point are either in the coastal floodplain or the floodplain of Spruce Creek. The Bear Creek CDP population was 1922, which is assumed to be the entire population outside the City of Seward but within the SBCFSA Flood Hazard Mitigation Plan November 2007 V iA 1 SBCFSA except for Lowell Point. The SBCFSA will request the Kenai Peninsula Borough GIS staff to assist in identifying the approximate percent of this population that may be within a mapped or previously flooded area. Of the Seward city population of 2,627 as of July 2006, very few (less than 'l2%) are located in a FEMA mapped flood hazard area. However, numerous areas have flooded or are at possible risk of flooding that are not shown on the Flood Insurance Rate Maps. Climate: Seward experiences a maritime climate. Winter temperatures average from 17 to 38 degrees F; summer temperature average 49 to 63 degrees F. The average annual precipitation includes 66 inches of rain and 80 inches of snowfall. Due the proximity of the Gulf of Alaska and the topography of the land, large low pressure systems often bring heavy rains and strong winds during the fall storm season. Seward also falls along the path of a global weather system in the north Pacific which often brings the unusually heavy rainfalls trailing typhoons across the Kenai Peninsula. Geography: Seward is situated on Resurrection Bay on the southeast coast of the Kenai Peninsula in South Central Alaska, 125 highway miles south of Anchorage. It lies at the foot of Mount Marathon and, since the advent of he National Park System, is the gateway to Kenai Fjords National Park. It lays at approximately 60 degrees 7 minutes North Latitude and 149 degrees 26 minutes West longitude. The area encompasses 15 square miles of land and 7 square miles of water. Most of the uplands around Resurrection Bay are in city, state, borough or federal ownership leaving, in large part, only the Lowell Creek, Japp Creek and Spruce Creek alluvial fans and the floodplains of the lower Resurrection River and Salmon Creek to the north for private development. The tidelands of 4th of July Creek are also city owned. Topography: Steep, rugged mountains and mostly glacially fed watersheds surround Resurrection Bay bringing down an almost endless supply of glacial debris to be continuously deposited as bed load in the streams themselves or to add to the alluvial fans on which most of the town is built. The mountains surrounding Resurrection Bay display many large and small glaciers, with Exit Glacier at the head of the Resurrection River fed by the Harding Ice Field which encompasses some 700 square miles and is up to 2000 feet deep in places. SBCFSA Flood Hazard Mitigation Plan 5 November 2007 Some of these glacial streams, Lowell Canyon Creek and Japp Creek for instance, are confined in narrow canyons where water velocity naturally erodes tremendous amounts of avalanche and other debris. In broader floodplains, as with the Resurrection River, streams are filled to capacity with glacial debris and braid, often changing their stream beds from year to year as sediment accumulates. The peninsulas and islands in Resurrection Bay are partially submerged mountain ranges, so the mountains rise steeply from the water's edge without a transitional coastal plain. Hydrology: Alluvial fans are gently sloping, fan -shaped landforms created over time by deposition of eroded sediment and they are common at the base of mountain ranges. In many coastal areas in the western United States, alluvial fans provide most of the level, buildable land where steep mountains plunge directly into the ocean providing no coastal plain. In this regard Seward resembles some lower 48 coastal communities, but none are backed by mountains packed with the extensive network of glaciers, ice fields and high precipitation that creates the moveable stream beds and high sediment transport of the Seward -Resurrection River -Bear Creek - Lowell Point region. The availability of debris and melt water from glaciers and the Harding Ice Field compound the vulnerability of Seward to experience the type of hydrology that is more common to coastal south central Alaska alluvial fans. This type of hydrology is not the same as that experienced in the and Southwest U.S. where alluvial fan development is spreading into and foothill regions. Also development and removal of vegetation on the alluvial fan increases flood potential. Heavy rainfall, often augmented with glacial melt water, emanates from the confined channel of high mountain canyons and proceeds onto the relatively flat alluvial fan below carrying with it large amounts of gravel and debris. As alluvial fan soil is made up of loose debris deposits it is easily eroded deeper into the original stream channel or high velocity flood waters cut a new path down slope. As the single channel flow encounters the flatter slope of the mid -fan area, it widens and becomes shallower, losing velocity and depositing the sediment and debris it is carrying. The erosion/deposition processes include backfill into old channels and channel braiding, where singular flows split and rejoin as channels are alternately cut and filled with sediment. This creates random, unpredictable flow patterns. Floodplains and floodways change so rapidly in Seward that mapping data is rapidly outdated. As stated by the Committee on Alluvial Fan Flooding, National Research Council in Alluvial Fan Flooding, "The role of uncertainty in mapping alluvial fan flood hazards is different from that for floodplain management and mitigation. Alluvial fan flooding has implications for floodplain management. When a flood hazard is delineated on an alluvial fan using the default assumptions in the FEMA guidelines, the resulting map is an expression of uncertainty rather than an indication of how a flood might occur. It is therefore of limited use for the mitigation and management of flood hazards. In this case, if the FIRM is interpreted literally, then it can SBCFSA Flood Hazard Mitigation Plan 6 November 2007 be argued that any effort at mitigation short of complete channelization increases the flood risk on another part of the fan and may therefore be in violation of NFIP regulations. Giving floodplain managers the peculiar responsibility of preserving uncertainty would be an inappropriate use of the FIRM because mitigation of flood hazards should strive to reduce uncertainty. This will become more visible if FEMA decides to extend the alluvial fan flooding concept to non -alluvial fan areas." Flooding on alluvial fans can only be evaluated on a site -specific basis. On -site evaluation of the flood hazard requires field investigations by specialists experienced in the scientific study of alluvial fan processes and the geomorphologic indicators of their present and past operation. Such on -site investigation is critical to provide a scientifically sound basis for hazard delineation and regulation. Hazard delineation done in the absence of such study should be held as provisional until proper field investigation by qualified specialists is accomplished. Types of Flooding: The Seward/Bear Creek area is critically susceptible to alluvial fan flooding but there are several other types of flooding that can occur and their effects are often compounded during flood events. The types of flood include: • Heavy precipitation • Urban runoff • Rapid snowmelt • Rising groundwater • Riverine ice jams • Flash floods • Fluctuating lake levels • Glacial lake outbursts • Coastal storm surge run-up • Surge -release flooding from landslides and debris flows • Failure of dikes, levees or other diversion structures • Tsunami SBCFSA Flood Hazard Mitigation Plan 7 November 2007 SEWARD FLOOD HISTORY As it is known that flood waters create alluvial fans and a large part of Seward rests on the fans created by Lowell Creek and Japp Creek it can be assumed that flooding has been a geological feature of the Seward watersheds far before settlers arrived and began keeping records. 1903-1966 Lowell Creek flooding began to be recorded almost as soon as settlers arrived to begin building the railroad. From 1903 and 1917 photographs it is evident that Lowell Creek regularly demolished the center of town with floodwaters. Subsequent to the flood, a citizens committee recommended building a flume 15 feet wide, eight feet high and 3,000 feet long. Another flood occurred in 1918 before this project could be started. Through the 1930's Lowell Creek was diverted through an elevated flume. The flume was plagued by constant accumulation of debris. During a flood in 1935 it was estimated that 10,000 cubic yards was deposited in the flume in 11 hours. In 1937 it was determined that the cost of maintaining the deteriorating flume was prohibitive. In 1939 Congress allocated funds to the Army Corps of Engineers to build the Lowell Creek Diversion Tunnel and Dam. The project was completed in 1940 for an original cost of $143, 929.00. Flooding is recorded on the Resurrection River in 1946 when the first recorded flooding of the airport occurred, as well as in 1961 and 1962. Flooding and land slides in 1966 partially blocked the Lowell Creek Diversion Tunnel and water levels behind the diversion tunnel dam came within 2 feet of overtopping the dam. In 1964 south central Alaska experienced the strongest earthquake ever recorded in North America, its strength estimated at 9.1 on the Richter Scale. The resulting tsunami in Resurrection Bay inundated and destroyed 300 feet by 3500 feet of the Seward waterfront including the San Juan Army and railroad docks, the tracks leading to the dock, the oil tank farms, fish processors, warehouses and the small boat harbor. The economic loss, particularly to Seward's port facilities resulted in the destruction of 90% of Seward's economy. 1986 In 1986 a storm dropped almost 18 inches of rainfall on the Kenai Peninsula from August 9th through the 11th. Landslides and landslide -dam failure and resultant floods, debris flows, alluvial fan aggradations and flooding in and around Seward caused an estimated $20 million in damages. According to a memorandum to the Mayor and City Council dated 20 November 1986, only $1,391,266 was allowed by FEMA for recovery and reconstruction with Seward expected to pay 25% of this amount in matching funds. Infrastructure damaged and threatened included railroad tracks and bridges, the Spring Creek prison, Seward Marine Industrial Center, Lowell Creek diversion tunnel. More than 200 people were left homeless. Residents of Lowell Point were cut off due to the washing out of Spruce Creek SBCFSA Flood Hazard Mitigation Plan 8 November2007 Bridge and a large portion of the road. This was declared a more than 100 year flood event. A federal disaster was eventually declared. 1989 Heavy rains from August 25-27 caused over $1,000,000 in damage to homes, roads, bridges and infrastructure in the Seward area. 1993 Heavy rains on August 26 caused Salmon Creek, Clear Creek and the Resurrection River to flood. Three homes and one business incurred damage and there was some damage to Alaska Rail Road tracks. 1995 In 1995 the rain started September 19 as a result of Typhoon Oscar. About 9 inches of rain landed in Seward within a 24 hour period. State authorities closed the Seward Highway (the only way in or out of town) after rain swept across a quarter mile stretch of road near Milepost 3 near the Resurrection River Bridges. The Alaska Railroad had to remove debris accumulated at their Seward Highway Milepost 4.8 bridge and to replace the damaged bridge. Infrastructure damaged in this flood event included the airport, sewage treatment facility, roads, trails, railroad facilities, power transmission lines and damage to dikes and levees and the Lowell Creek diversion tunnel. Estimated flood damage was 9.8 million dollars. A federal disaster was eventually declared. Some loss numbers are available; the Kenai Peninsula Borough had spent about $500,000 in the Seward flood recovery. The US Corps of Engineers had calculated the damage to Seward's public property at 1.82 million and counting. A South Central Fall Flood Hazard Mitigation Grant Program was obtained from FEMA in the amount of $1,185,588, some of which was earmarked for bridge repair in Seward and $731,658 for a comprehensive flood mitigation project on the lower Resurrection River. (See Resurrection River watershed). 2002 Record setting precipitation and unusually warm temperatures produced widespread flooding in south central Alaska in the fall of 2002. The unusual weather patterns persisted in the region for more than two months. On the Kenai Peninsula, heaviest rainfall and most severe flooding occurred October 22"d through October 24'h, Salmon Creek flooding severely affected Marathon View 11 subdivision, Whites Sawmill and Camelot. Infrastructure damaged included roads, Lowell Creek diversion tunnel and the small boat harbor. The 2002 flood was declared a Presidential Disaster. 2006 In October 2006, high tides, warm temperatures and the remnants of a typhoon stalled over south central Alaska caused 9 to 15 inches of rain to fall on the Seward area. Heavy rain contributed to the closing of the Seward Highway at Mile 4. The Lowell Creek diversion tunnel outflow dumped a 25 foot high pile of debris and SBCFSA Flood Hazard Mitigation Plan 9 November 2007 gravel on the bridge, damaging the bridge and backing water up into surrounding businesses and streets. The loss of the bridge caused residents of Lowell Point to be cut off by road. Water taxi's had to be pressed into service to help Lowell Point residents get to jobs and stores. Families were evacuated from their homes in the Exit Glacier Road area, Old Mill Subdivision and around the Resurrection River highway bridges. Japanese Creek levee, Box Canyon levee and Kwechak Creek levee were all damaged in the flooding as was the airport. The Seward Highway was blocked by flooding at milepost 3.5 and Nash Road was blocked by flood waters. Portions of the airport runways were flooded. A federal disaster was declared for this flood event. SBCFSA Flood Hazard Mitigation Plan November 2007 10 y M t FLOOD LOSS INFORMATION Historical flood loss information is difficult to obtain even in states where records have been kept for decades. The National Oceanic and Atmospheric Administration reports that the task of accumulating loss estimates for flooding in the United States has specifically been the responsibility of the National Weather Service as an ancillary function. Societal infrastructure almost guarantees poor estimates. State and municipal losses are often self -insured and losses are often dispersed through separate line items in government budgets making them nearly impossible to follow. For homeowners and businesses, some will either not have insurance or be under insured. The costs for this sort of repair are almost impossible to establish. For those that are insured, claims may not fully reflect actual losses. In Alaska, outside of larger cities like Anchorage or Fairbanks, loss data was simply not recorded prior to statehood in 1959, other than to comment that this school or that hotel were swept away by flood waters. The first Lowell Canyon Creek mitigation project undertaken by the Cit of Seward was an elevated wooden flume that carried flood waters to the bay. The cost of building and maintaining this flume were not specified but were eventually determined to be overwhelming. Individual flood mitigation efforts were usually made by individual property owners to protect their own property and are likewise not recorded. Available loss numbers and mitigation costs, for the purpose of this flood hazard plan will be listed under each watershed. NATIONAL FLOOD INSURANCE PROGRAM In 1968, Congress established the National Flood Insurance Program (NFIP). The goals of the program are to reduce future flood damage through floodplain management, and to provide people with flood insurance. The Kenai Peninsula Borough (KPB) has had a tumultuous history with the NFIP. The KPB was suspended from the program when the 1986 flood struck which meant flood insurance and federal disaster assistance was withheld within the mapped floodplain areas. The Borough Assembly quickly passed the necessary ordinance (Title 21.06) to join the NFIP. The NFIP established Flood Insurance Rate Maps (FIRM) based on hydrologic studies of flood prone areas across the country. These maps have zones where the cost of insurance to property owners is adjusted according to the flood risk as compared to how the building is constructed. Generally, the higher the lowest floor is above flood levels, the lower will be the cost of the flood insurance. Structures built too low after the publish date of the FIRM will have much high flood rates. The FIRMS include Flood Insurance Zones (A, A2 through A10, V, B, C, D): In order to set actuarial insurance rates, the Federal Insurance Administration established the following flood hazard map zones: SBCFSA Flood Hazard Mitigation Plan 11 November 2007 Zone Designation Zone Definition A Special Flood Hazard Areas inundated by the 100-year flood, determined by approximate methods; no base flood elevations shown or Flood Hazard Factors determined. AO Special Flood Hazard Areas inundated by types of 100-year shallow flooding where depths are between 1.0 and 3.0 feet; depths are shown, but no Flood Hazard Factors determined. Zone A2 through Special Flood Hazard Areas inundated by the 100-year flood, A5, and A10 determined by detailed methods; base flood elevations shown, and zones subdivided according to Flood Hazard Factors. Zone V Special flood hazard areas along coasts inundated by the 100- year flood, as determined by approximate methods, and that have additional hazards due to velocity (wave action); no base flood elevations shown or Flood Hazard Factors determined. Zone V1 through Special flood hazard areas along coasts inundated by the 100- V9, V11, V12, V16, year flood, as determined by detailed methods, and that have And V19 additional hazards due to velocity (wave action); base flood elevations shown, and zones subdivided according to Flood Hazard Factors. Zone B Areas between the Special Flood Hazard Areas and the limits of the 500-year flood, including areas of the 500-year flood plain that are protected from the 100-year flood by dike, levee, or other water control structure; also areas subject to certain types of 100-year shallow flooding where depths are less than 1.0 foot; and areas subject to 100-year flooding from sources with drainage areas less than 1-square mile. Zone B is not subdivided. Zone C Areas of minimal flooding. Zone D Areas of undetermined, but possible flood hazard. Flood insurance is available through the NFIP for anyone but is often mandatory through lenders on structures within the floodplain. It is also mandatory for any proposed acquisition and/or construction of buildings in flood hazard areas if any form of federal funding assistance for the development is sought. Communities who chose to enact and enforce certain floodplain management practices and regulations and to abide by flood damage prevention ordinances and FIRMs developed by FFMA may apply for a part of the National Flood Insurance Program called the Community Rating System (CRS). The CRS allows communities who enforce higher standards than federal minimum floodplain standards additional savings on flood insurance premiums to its citizens. Both the Kenai Peninsula Borough and the City of Seward participate in the Community Rating System as of November 2007. SBCFSA Flood Hazard Mitigation Plan 12 November 2007 Access to Flood Insurance Rate Maps and information on how they are to be used is available through the Kenai River Center in Soldotna, AK, (907)260-4882. NFIP COMMUNITY RATING SYSTEM IMPROVEMENTS Channel and Basin Debris Removal (CDR) - The SBCFSA may analyze and consider how to foster City and Borough improvements in their CRS scores, thus lowering flood insurance costs, by organizing a plan for service area -wide sediment Channel and Basin Debris Removal following the CRS guidelines: Maximum Credit: 300 POINTS CDR = the total of the following points, except that no credit is provided unless the first item is credited. • 200 points, if the community's drainage maintenance program includes all of the following: o An inspection is conducted at least once each year. o An inspection is conducted after each storm that could adversely impact the drainage system. o Inspections are conducted in response to citizen's complaints. o Action is taken after an inspection identifies a need for maintenance or cleaning. The action taken must be in accordance with the community's drainage maintenance procedures, which must be consistent with federal and state environmental protection laws and regulations. • 50 points, if the community's program identifies specific "choke points" or other obstructions to flows, or sites with erosion or sedimentation problems, that are inspected and maintained differently or more frequently than other parts of the drainage system. Such inspections are in addition to those credited under item 1(b), above. • 50 points, if the community has an ongoing program, such as a capital improvements plan, to eliminate or correct drainage problems, improve drainage or storage facilities, or to construct "low maintenance" channels or other facilities. There is no credit for this item if the community does not spend money on a regular basis on such improvement projects (a one -time - only project would not be credited), There is no credit if the funded projects SBCFSA Flood Hazard Mitigation Plan 13 November 2007 are not part of the drainage system that is described in the community's inspection and maintenance procedures. Credit is dependent upon regular inspection and maintenance. The community (or other non -Federal agency) must have a program to regularly inspect its drainage facilities and remove debris as needed. Neither the cost of the work nor the amount of debris removed affects the credit. A program that simply responds to complaints is not eligible for this credit. The maintenance work recognized by the first and second items is normally done by a public works crew, usually without heavy equipment. The objective of this activity is to remove accumulated debris that obstructs flows that cause flooding to adjacent properties. It is important that the community's procedures spell out what can and cannot be removed. In some areas with natural streams, some woody debris may remain without causing a flooding problem. In other areas, with concrete lined ditches, all debris may have to be removed to maintain the ditch's carrying capacity. CRS credit is not provided if local drainage maintenance procedures violate federal or state laws. There may be special restrictions on streams or a requirement to obtain a federal or state permit before certain work can proceed. These restrictions must be included in the community's procedures. The third item credited is not for an ongoing maintenance program, such as cleaning inlets and culverts. It is designed to recognize a program that makes structural or permanent changes to the channels or basins to reduce flooding or maintenance problems. Creditable examples would be ongoing programs to: • Enlarge culvert and bridge openings to eliminate bottlenecks, • Install permanent hard or soft bank protection measures, • Install grates to catch debris during high flows, • Build new retention basins to reduce flows into existing channels, or • Convert problem channels into "low -maintenance" channels. The capital improvements program should address the "'choke points' and other obstructions to flows" that warrant the special attention that is credited in item (2). It must include improvements to sites that are in the community's drainage system as defined in its procedures (see the documentation requirements in Section 544.a.2). Note : Once a capital improvements project is completed, it may qualify for CRS credit under Activity 530 (Flood Protection). Projects that protect repetitive loss properties receive higher credits in Activity 530. SBCFSA Flood Hazard Mitigation Plan 14 November 2007 If an agency other than the community performs the inspection and/or debris removal, it is nonetheless the community's responsibility to document the activity for credit. In the case of a drainage district or county -wide maintenance program, the community may find it advantageous to work with other affected communities and the larger agency to develop consistent documentation that can be used by all affected communities. REPETITIVE LOSS PROPERTY The service area has only one repetitive loss property which is a single family dwelling on plot designated T01 N R01W S27SW0000024 FOLZ. Claims were made for flood loss on this property in 1995 and 2002. This property and structure are in A02 and A04 zones and have been mitigated using Federal Emergency Management Agencies (FEMA) Flood Mitigation Assistance (FMA) and Hazard Mitigation Grant Program (HMGP) funds, property owner's private funds, insurance proceeds, and Increased Cost of Compliance (ICC) funds. SBCFSA Flood Hazard Mitigation Plan 15 November 2007 SERVICE AREA FLOOD MITIGATION GOALS AND OBJECTIVES (By Priority) GOAL 1: Maintain floodplain hydraulic carrying capacity through drainage maintenance Objectives: • Exempt gravel and sediment removal on navigable rivers and streams from Alaska Department of Natural Resources (DNR) Material Sales fees necessary for flood and erosion mitigation for public safety purposes. c Seek amendment or standing waiver for State Material Sales fees for stream channel maintenance wherein no sale is to occur by the entity seeking the permit to maintain flood carrying capacity. • Encourage and assist each watershed to develop land use plans for removing and storing of creek bed load with the objectives of: o Identifying and permitting fill areas for future flood -free development sites o Identifying storage sites that limit the costs of transporting the gravel GOAL 2: Reduce flood damage Objectives: • Support elevation, floodproofing, buyout or relocation of structures that are highest risk, repetitive losses or substantially damaged, or are in imminent threat of loss due to location on eroding banks. • Review KPB Habitat Protection Ordinance for extension to Service Area for flood/erosion regulation purposes — recognizing gravel/sediment removal needs to continue. Modify ordinance to increase KPB enforcement and field staff. • Organize a Floodproofing Workshop for Homeowners and Businesses to learn about techniques and funding sources for elevating, and floodproofing structures (agency(ies) to participate — COE Floodproofing Committee, FEMA, DCCED; Businesses to support SBS, Wells Fargo, others) • Consider land swaps where appropriate. SBCFSA Flood Hazard Mitigation Plan November 2007 16 GOAL 3: Prevent future flood damage to new construction Objectives: • Improve enforcement of existing City and Borough NFIP flood damage prevention ordinances. • Expand Floodplain Regulations to the entire watershed (throughout SBCFSA) o Require Development Permits Service Area wide (not just in mapped Floodplain); c Prohibit Below Grade crawispaces and basements throughout the Service Area unless PE, architect or Professional Land Surveyor certifies that building site is not subject to flooding, localized drainage, or high ground water • Avoid building more new homes in the floodway (existing ordinance); revise floodplain ordinance to prohibit any new subdivision of land within the mapped floodplain. • Increase enforcement including fostering a partnership (M.O.U.) for enforcement uniformly within the City and Borough specific to the SBCFSA • Improve flood and erosion hazard aspects in land use decisions, subdivision actions, and Plans that affect the SBCFSA including: KPB All -Hazards Plan, Comprehensive Plan, Coastal Management; Wetlands Management Plan, Seward Long-term development plan. • Increase KPB staff and presence in Service Area GOAL 4: Hazard Identification and Mapping Objectives: • Support needed sediment bed load mapping including engineering analysis necessary to obtain permits for channel drainage maintenance. • Continue to identify and map flood events. • Continue to pursue federal and state funding to improve and update Flood Insurance Rate Maps (FIRMS), as well as other maps and plans that may be more appropriate such as Drainage Plans or watershed management plans in order to meet other goals. SBCFSA Flood Hazard Mitigation Plan 17 November 2007 GOAL 5: Increase Public Awareness Objectives: • Develop a strategy for accessing (applying for and managing) mitigation grant funds (see Appendix) • Increase public knowledge about flood insurance, natural and beneficial functions of floodplains. The SBCFSA is currently studying the feasibility of sending bulk mailings quarterly to all residents and business with latest flood information, risks, benefits of NFIP and progress on flood mitigation. • Post Flood Hazard and High Water Mark signs on buildings, utility poles, at entries to subdivisions to increase awareness of flood risks. Add plat notes to plats indicating flood prone areas, seasonally high ground water. • Organize an annual Flood Awareness Day (Week) • Increase awareness of Alluvial Fan flooding risks and construction techniques (could be part of Floodproofing Workshop, or annual Flood Awareness Day/Week) City of Seward 2020 Comprehensive Plan Volume 1, City of Seward Mitigation Plan, KPB All -Hazard Plan and the State All -Hazard Mitigation plan have all been reviewed so that the Flood Service Area Goals, Objectives and Mitigation Measures complement, without conflicting with other Plan Goals and Objectives. TIMELINE For planning purposes a timeline was established for implementing mitigation projects and is as follows: Short Term= Less than 1 year Mid Term= 1-3 years Long Term= 3-5 years SBCFSA Flood Hazard Mitigation Plan November 2007 IR] z' '-' t. 4 ' ) 4 OF T!`1e efOrMatol depicted hereon is fcj a graphical -P-Sentation orly of o.st Hydrography Saward City Limit, L.:*—.j Kees, Penq1sila L.Q,qh The K--i Peninsula SOMUsh. assxna­o msp­vtlry for any airors on ThIS r.ap. Roads Seward -Bear Creek Flood GIs DO".11 Service Area DATE: Nov 14, 2DO7 FLOOD HAZARD AREA INVENTORY The flood hazard area inventory has been organized by watersheds. Those listed singly flow directly into Resurrection Bay. • Resurrection River watershed o Resurrection River o Box Canyon Creek o Salmon Creek o Japp Creek • Salmon Creek watershed o Bear Creek o Kwechak (Glacier) Creek o Clear Creek o Lost Creek • Lost Creek watershed o Grouse Creek o Sometimes Creek • Fourth of July Creek watershed o Fourth of July Creek o Godwin Creek • Independent watersheds o Scheffler (Rudolph) Creek o Lowell Creek o Spruce Creek o Sawmill Creek SBCFSA Flood Hazard Mitigation Plan 19 November 2007 RESURRECTION RIVER WATERSHED RESURRECTION RIVER Description: Resurrection River is the product of run-off from the Harding Ice Field and Exit Glacier. It is fed by Placer Creek, Box Canyon Creek, Japp Creek and Salmon Creek and drains a watershed twice as large as the total area of the other Seward/Bear Creek watersheds. Resurrection River runs nearly parallel to Exit Glacier Road and its terminus is Resurrection Bay. It is a classically braided river that changes channels in its wide river basin frequently dropping enormous amounts of sediment each year. The river's main channel is braided and migrates across a wide floodplain bounded by mountains to the south and Exit Glacier Road (which essentially functions as a dike) along the north bank. At the intersection with the Seward Highway the river braids into three branches crossed by three highway bridges and three railroad bridges. The State of Alaska has officially determined this river navigable and it is anadromous. Flood History: Resurrection River flooding has caused millions of dollars in damage to city, borough, state and federal infrastructure as well as private property during major floods occurring in 1946, 1961, 1962, 1977, 1986, 1989, 1993, 1995, 2002 and 2006. Risk Assessment: • Resurrection River is highly impacted by the areas glaciers which are increasingly retreating providing for more melt and escalated stream flow. In addition, this causes for an amplified amount of glacier silt, gravel and other debris being transported. • The culverts along Exit Glacier Road have been known to backup causing damage to the road. • Throughout the lower reaches erosion is causing acres of estuary habitat to be wiped out. • There are several permits that exist for bed -load extraction throughout the reaches of Resurrection River and there is little coordination among them. • Infrastructure at risk include the Airport, Seward Highway and its bridges, Alaska Rail Road bridges and dock, the small boat harbor, critical fiber optic cables that connect interior Alaska to the lower 48, State of Alaska SBCFSA Flood Hazard Mitigation Plan 20 November 2007 4_J� Vocational -Technical School and several businesses in the industrial area north of the harbor. • Bed -load build-up. • Resurrection River is responsible for depositing sediment into the Alaska Railroad dock harbor basin. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies. • Pursue an exemption to the Alaska Department of Natural Resources (DNR) Material Sales fees for gravel removal on navigable rivers and streams as these fees hugely increase the cost of flood mitigation efforts through dredging on the Resurrection River. Beginning in 2005 the SBCFSA began appealing to the DNR for a fee exemption for gravel removed for flood mitigation purposes. This letter writing effort resulted, finally, in a determination of navigability for all streams in the service area but no compromise on the fee requirement. Due to the negotiating efforts of Scott Walden of the KPB Office of Emergency Management during the Resurrection River Task Force effort in September 2006, the DNR agreed to a reduced fee of $0.50 per cubic yard for gravel removed for flood mitigation. Since this amounts to $500.00 for every 1,000 cubic yards removed and there are hundreds of thousands of cubic yards needing to be removed on the Resurrection River alone, the SBCFSA plans to continue to negotiate for an exemption. • Establish a cooperative relationship with the City of Seward to ensure flood mitigation efforts are not being duplicated or opportunities missed. The SBCFSA has vigorously pursued a cooperative relationship with the City of Seward since its inception in 2004. In 2006 the city Planning Department began actively sharing floodplain development information and plans and the city began to send representatives to SBCFSA board meetings. Also in 2006 the SBCFSA established four annual work sessions with the Seward Planning & Zoning Commission. In 2007 the SBCFSA offered to partner with the City of Seward in applying for and matching funds for grant monies, in part to address the need for channel dredging at the mouth of the Resurrection River, or for needed hydrologic engineering studies. SBCFSA Flood Hazard Mitigation Plan 21 November 2007 �v • Encourage a cooperative relationship with the various entities that have existing gravel extraction permits. Mid-term: • A direct channel needs to be created from the three Seward Highway Bridges to Resurrection Bay by dredging the main stream channel to maintain water conveyance away from the Airport. • Channel dredging at the mouth of the river would reduce upstream sediment build-up and encourage movement from high to low areas and lessen upstream flood potential. The SBCFSA has requested funding for Resurrection River channel dredging in its Capital Project Priorities requests as part of the Kenai Peninsula Borough Capital Project Priorities Requests to the State of Alaska in 2005, 2006, and 2007. Though no funding has been granted as yet, the SBCFSA will continue to seek state and federal funding for this critical project. • Coordinate with the City of Seward, the Kenai Peninsula Borough's Public Works Engineers, The State of Alaska Department of Transportation and the Alaska Railroad Corporation to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Periodic bed -load removal. In 1996 a $731,658 grant was obtained by the Kenai Peninsula Borough, a portion of which was dedicated to mitigate flooding on the Resurrection River and Japanese Creek to be a coordinated effort between various State, Federal and local agencies and the City of Seward. In 1997 a Japp Creek/Resurrection River Interagency Agreement and Task Force were formed. The task force released a preliminary report in 1998. This report was followed by a Resurrection River Task Force meeting in 2006 (participated in by the SBCFSA) and eventually the Resurrection River Debris Maintenance Plan of September 2006. This plan calls for annual review of the need for maintenance dredging of the Resurrection River in an area between the bridges and the mouth of the river. The project area was dredged at least once since the original grant award. SBCFSA Flood Hazard Mitigation Plan 22 November 2007 n �a -4:410 Long-term: • The entirety of Resurrection River needs to be surveyed and a hydrologist report generated, starting at the mean -low mark working up to the headwaters at Exit Glacier. The SBCFSA has requested funding for service area wide hydrology studies, including the Resurrection River, in its Capital Project Priorities requests as part of the Kenai Peninsula Borough Capital Project Priorities Requests to the State of Alaska in 2005, 2006, and 2007. Though no funding has been granted as yet, the SBCFSA will continue to seek state and federal funding for this critical project. • Encourage the Kenai Peninsula Borough, the State of Alaska, the City of Seward and other interested Land Trusts to acquire and obtain land for floodplain conservation. • As outlined in the Resurrection River Debris Maintenance Plan, coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. BOX CANYON CREEK Box Canyon Creek is a tributary of the Resurrection River. The creek originates in an alpine lake at an elevation of 1,860 feet, flows through a steep canyon and then runs another 5.5 miles before entering the Resurrection River. Most of the upper reaches of the stream are not easily accessible. An 8-10 foot levee exists at the head of the alluvial fan to divert the stream to the extreme western edge. Box Canyon Creek is not anadromous and has been determined by the Alaska Department of Natural Resources as non -navigable. Flood History: In the October 1986 flood, debris damming of the stream above the existing levee caused a change of course which diverted the flood waters over the entire alluvial fan causing damage to homes and to the Exit Glacier Road. An independent engineering study in 1990 and a reconnaissance of the area by the US Army Corps of engineers in May 1992 made several suggestions for correcting this problem though the Corps also noted that the cost to benefit ratio at that time did not justify the expenditure. In 1995 waters breached the levee on Box Canyon Creek and caused damage to Exit Glacier Road. SBCFSA Flood Hazard Mitigation Plan 23 November 2007 r+� r s 4. 1 . In October of 2006, flood waters again spread east of the dike and spread out to damage homes and streets including Old Exit Glacier Road, Wilma Avenue and Lois Way. Road repairs in this area for this flood alone cost the borough $269,052. Risk Assessment: • Debris slides and surge release flooding has been known to regularly wash out the dike and cause damage to Exit Glacier Road. • Blockages at the outlet of the canyon cause changes in the stream channel during flood events, causing it to behave unpredictably and to fan out, causing more wide spread flooding. • Besides repeated damage to Old Exit Glacier Road and the roads of the surrounding subdivision, infrastructure in the form of the National Park Maintenance Facility and the Windsong Lodge are within reach of damaging flood waters. • Bed -load build-up. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies Mid-term: Coordinate with the Kenai Peninsula Borough's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Seek funding to develop a Land Use/Floodplain Management Plan specific to Exit Glacier Box Canyon Basin; recommend formation of a Homeowners Association or sub -committee of the SBCFSA to lead mid and long term land use, maintenance and recovery planning. Long-term: • Map Box Canyon alluvial fan; currently the Resurrection River is mapped by FEMA as if Exit Glacier Road did not exist. This depicts an inaccurate regulatory floodway and does not recognize the Box Canyon flooding on the Flood Insurance Rate Maps (FIRMS). SBCFSA Flood Hazard Mitigation Plan 24 November 2007 • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. Dredging and bank repair on upper and lower Box Canyon Creek is planned for FY 2007/2008 by the SBCFSA in an effort to reestablish the stream channel. This project is ongoing. • Complete and implement Land Use/Floodplain Management Plan for Exit Glacier Box Canyon Basin. SALMON CREEK Description: Salmon Creek begins at the confluence of Bear Creek and Lost Creek and is also fed by the Kwechak Creek and Clear Creek drainages. Salmon Creek is located at approximately milepost 6 of the Seward Highway, flowing almost parallel with the Seward Highway and the Alaska Railroad, through several densely populated subdivisions. Salmon Creek is kept separated from the Resurrection River delta after it passes under Nash Road by a gravel levee and terminates in Resurrection Bay. Salmon Creek is anadromous and has been determined by the Alaska Department of Natural Resources (DNR) to be navigable. The determination of navigability makes all bed load removal subject to the Alaska DNR Material Sale regulations resulting in prohibitive costs. DNR has, in the past, indicated a willingness to allow gravel and debris removed for flood mitigation purposes to be charged at a reduced fee of $.50 per cubic yard. Flood History: In 1946 Salmon Creek overflowed at approximately milepost 4 on the Seward Highway and damaged railroad tracks and a railroad bridge. In 1976 Salmon Creek flooded severely enough that people who could not be rescued had to swim out of their homes. In the 1986 Seward Flooding Salmon Creek along with the Resurrection River contributed to the destruction of railway bridges and roads. The Alaska Rail Road Corporation spent nearly $3,000,000 alone repairing and replacing track and bridges to restore rail service. Salmon Creek flooding also did millions of dollars of damage to private homes and bridges in Questa Woods and Camelot subdivisions. Published estimates pushed the total damages to Seward/Bear Creek above $10,000,000. SBCFSA Flood Hazard Mitigation Plan 25 November 2007 L�Sl.A Risk Assessment: • Salmon Creek flooding has caused flood damage to private property and public infrastructure, Seward Highway and Nash Road in virtually every major flood event recorded in the past two decades. • Salmon Creek has a strong tendency to migrate eastward; towards public and private infrastructure including the Alaska Railroad, Seward Highway and Nash Road. • Salmon Creek bed load and velocity causes back up on Clear Creek during high water events causing damage to private property and endangering the Seward Highway. • Land subdivision and development in the area has restricted the stream to a limited portion of its alluvial fan and the bed load is quickly building with debris and gravel, which is plugging up tributaries and bordering properties. • Salmon Creek is the receiver of most the bed load of Lost Creek, Bear Creek and Kwechak Creek. • Resurrection Bay tidal activities highly influence the lower portions of Salmon Creek. • Currently there are no areas of floodplain easements/conservation to allow for overflow and runoff. • There is an overall lack of coordination between landowners and permitting and regulating agencies. • Bed -load build-up. Mitigation Measures: Following a high water event in March of 2007, the Kenai Peninsula Borough, under its Incident Action Plan contracted for emergency dredging and bank restoration on Salmon Creek from 100 feet upstream from the confluence with Clear Creek to 1100 feet above the confluence at a cost of $5,000. The SBCFSA assisted in this effort by processing the necessary permits and assisting in obtaining property owner waivers for the needed work. Due to an appeal by the KPB directly to Alaska Governor Sarah Palin, the Department of Natural Resources allowed a short term limited area exemption from Material Sale fees. SBCFSA Flood Hazard Mitigation Plan 26 November 2007 pp Short-term: • Express concern and provide recommendations to the appropriate agencies. • Coordinate with the appropriate agencies to improve and maintain the culverts, dikes, bridges and roads. The SBCFSA has been working with the Department of Natural Resources, the Kenai Peninsula Roads Department, the Alaska Department of Transportation and the Kenai Watershed Forum to identify needed culvert improvements. • Continue to lobby through all possible avenues to make debris removed for flood mitigation purposes exempt from DNR Material Sale fees. Coordinate with Matanuska-Susitna Borough where Matanuska River gravel removal is a priority of the local Flood and Erosion Service Area and the City of Valdez to see if a combined voice by local governments facing this Material Sales fee could be more effective. Mid-term: • Coordinate with the Kenai Peninsula Borough's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Maintain the boundary between Salmon Creek and Resurrection River. • The entire Salmon Creek watershed needs to be surveyed by a hydrologist to determine the areas in need of bed -load excavating and the areas where bed -load should not be excavated. • Periodic bed -load removal. Long-term: • Encourage the Kenai Peninsula Borough, the State of Alaska and other interested Land Trusts to acquire and obtain land for floodplain conservation. • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. SBCFSA Flood Hazard Mitigation Plan 27 November 2007 JAPP CREEK (JAPANESE CREEK) Description: Japp Creek is a tributary of the Resurrection River, terminating at the Resurrection River at approximately milepost 2 of the Seward Highway. The stream originates in an alpine moraine left by a retreating glacier. Its watershed has an area of approximately 3.5 square miles. The creek flows east through a steep canyon before entering a large alluvial fan. Japp Creek has been determined to be non - navigable but anadromous by the Alaska Department of Natural Resources. The alluvial fan has been highly developed with subdivisions and city infrastructure. The Japp Creek floodplain is managed by the City of Seward. Flood History: Japp Creek is subject to frequent landslides through its canyon that cause stream damming and surge release type flooding. Following reported floods in 1966, 1969, 1976, 1982 and 1986, the Soil Conservation Service under its Emergency Watershed Protection Program, constructed a rip rapped dike along the right stream channel starting at the apex of the alluvial fan. The dike is 1,150 feet long and has an average height of 13 feet. In 1986 after 18 inches of rain fell over two days in October, a landslide dam in Japp Creek canyon failed causing a surge -release flood that washed out the manmade levee along the southeast stream bank high on the fan creating new channels and eroding into surrounding neighborhoods. Only heroic efforts on the part of local contractors to redirect the flood waters and shore up the eroding dike averted major catastrophe to homes and infrastructure. This flood event was estimated at a greater than 100 year event. Planning was begun for a new levee. The Japp Creek levee project was completed in 2001. In October 2006, another major flood event in Seward resulted in significant erosion of the dike's upper areas and failure of a temporary bridge across the stream west of the Forest Acres subdivision. In October 2007 the City of Seward undertook a major renovation of the Japp Creek Levee, repairing areas of the levee along its entire length with keyed in rip rap. Risk Assessment: Landslides, heavy sediment transport and debris flows are known for eroding banks, blocking channels and diverting flows, sometimes resulting in surge - release type flooding. SBCFSA Flood Hazard Mitigation Plan 28 November 2007 JyA) Y� es l • Infrastructure at risk on the Japp Creek alluvial fan includes all Seward schools, Seward Sanitary Landfill, major businesses, the Seward Military Resort and several highly developed subdivisions. In 2007 the City of Seward chose a tract of land also in the risk area on which to build the future Seward Long Term Care Facility. • Currently there is only one access and evacuation route to this highly populated area. • Bed -load build-up. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies. In November 2006, Christy Miller, Floodplain Management Program Coordinator for the Alaska Department of Commerce Community and Economic Development, met with Seward city officials and John Graves of FEMA Region X. A follow up letter to the Seward City Mayor in December 2006 expressed deep concern regarding "unregulated development" on the Japanese Creek mapped floodplain behind the levee". Among the recommendations made in the letter were; city enforcement of their Title 15.25 Floodplain Management Ordinances, bed load removal, avoiding development in areas below the levee that historically have flooded in 1986 and 1995 and certification of the Japanese Creek levee. • Establish a cooperative partnership with the City of Seward to obtain further needed hydrologic data on the Japp Creek corridor and levee. In June 2007, while engineers were in the Seward area to gather data for a borough study (hosted by the SBCFSA) the City of Seward contracted with them for $15,000 to do a sedimentation study of the Japp Creek corridor to compare current sediment depth to pre-2006 depths. The study concluded that at least 200,000 cubic yards of material had been deposited in the stream corridor during the October 2006 flood. It went on to state that it was not possible to state whether or not the corridor can sustain a 100-year flood event but that they suspect it would not. The engineers recommended that 100,000 cubic yards of material be removed in the fall of 2007 or at least as much debris removal as the city could afford. The study also recommended that a thorough hydrologic study of Japp Creek was needed. SBCFSA Flood Hazard Mitigation Plan 29 November 2007 Also in June 2007 the City of Seward requested a US Army Corps of Engineers levee inspection. Based on an engineering study of the levee by Wm. J. Nelson & Associates two recommendations were made for levee reinforcement. The City Manager stated that in order to receive federal funding assistance with either of these options an inspection must first be completed by the Corps of Engineers. Starting in March 2007 the SBCFSA offered to partner in the cost of engineering studies, first with the Seward Planning and Zoning Commission at a quarterly workshop and then again through further meetings with the Temporary City Planner and the City Manager. At a meeting on October 12, 2007 between representatives of the SBCFSA and Phillip Oates, Seward City Manager, the service area discussed partnering the city in obtaining engineering studies of a possibly broader scope than just Japp Creek. These efforts are ongoing. • Encourage the City of Seward to follow thru with the Japp Creek Levee "Red Line" bypass road to provide and alternate access and emergency evacuation route. Mid-term: • Coordinate with the City of Seward and the Kenai Peninsula Borough's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Periodic bed -load removal. Long-term: • Coordinate with the Kenai Peninsula Borough, the City of Seward and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. • Encourage the Kenai Peninsula Borough, the City of Seward and other applicable organizations to obtain and classify land as floodplain conservation. SBCFSA Flood Hazard Mitigation Plan 30 November 2007 SALMON CREEK WATERSHED BEAR CREEK Description: Bear Creek flows through Bear Lake Subdivision approximately 7 miles north of Seward. The headwaters are at Bear Lake and the confluence is Salmon Creek at approximately milepost 6 on the Seward Highway. The stream is anadromous and has been determined by the Alaska Department of Natural Resources to be non - navigable. Risk Assessment: • The railroad bridge at milepost 6.6 has an insufficient clear -span known for causing debris build-up. In addition, there are broken railroad pilings adding to the debris and seasonal ice build-up which restricts adequate stream flow. • There is an existing right-of-way for a drainage ditch on the east side of Bleth Street but it is not currently maintained and has filled in with gravel and other debris. • During high water events Kwechak Creek can easily merge with Bear Creek, causing flood damage to the nearby subdivision as well as public infrastructure. • The watershed feeding Bear Creek is not a mapped floodplain. As development continues in the subdivisions below the lake the flooding issues become more problematic. Without updated floodplain maps the permitting and land management officials do not have the tools and authority needed to make decisions. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies. On May 13, 2005 the Seward/Bear Creek Flood Service Area Board sent a letter to Mr. Tom Brooks of the Alaska Railroad Corporation encouraging a cooperative relationship between the Board and the Railroad. In addition, the letter stated the Board's recommendation to consider the Milepost 6.6 clear -span in any upcoming mitigation/maintenance plans of the Alaska Railroad Corporation. SBCFSA Flood Hazard Mitigation Plan 31 November 2007 a., f On May 19, 2005 the Seward/Bear Creek Flood Service Area Board sent a letter to Gary Davis at the Kenai Peninsula Borough Road Service Area. The letter stated the Board's concern and recommendation for an intercept ditch on the east side of Bleth Street in order to protect public and private infrastructure. Mid-term: • Coordinate with the Kenai Peninsula Borough's Public Works Engineer to establish an annual schedule to review the watershed in its entirety and provide a report to the Service Area. Long-term: • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. • Coordinate with the Kenai Peninsula Borough, the State of Alaska, and the Federal Emergency Management Agency to seek funding to update mapping to include the Bear Creek floodplain. KWECHAK CREEK (Glacier Creek) Description: Kwechak Creek is located between the Bear Lake and Questa Woods Subdivisions at approximately milepost 5.5 of the Seward Highway. Kwechak Creek is glacial fed and its terminus is where it meets with Salmon Creek at approximately milepost 4.8. Kwechak Creek is a seasonal, non-anadromous and has been determined by the Alaska Department of Natural Resources to be non -navigable. Risk Assessment: • The floodplain is rapidly building at the canyon outlet and in the areas above and below Bruno Bridge. • There is a high probability of a debris jam in the upper portion of this unstable watershed, which will cause major flood problems for the subdivisions and infrastructure down stream. • There is significant need for bed -load extraction and annual dike maintenance at the canyon outlet. SBCFSA Flood Hazard Mitigation Plan 32 November 2007 1v�; • Stony Creek Road is the only access and evacuation route to this highly populated, flood -prone area. • Only portions of this watershed are mapped in the floodplain. • Bed -load build-up Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies. On May 13, 2005 the Seward/Bear Creek Flood Service Area Board sent a letter to Bob Loeffler the Director of the Division of Mining, Land and Water at the Department of Natural Resources for the State of Alaska. The Letter stated the Board's objective to establish a cooperative relationship with the agency in order to reduce the bed -load in the local streams and requested an exemption from all material extraction royalty fees. The Seward/Bear Creek Flood Service Board received a response from Clark Cox a Natural Resource Specialist in which the regulations for material extraction in the State of Alaska was referenced. Mr. Cox explained that material extraction from State owned lands, including navigable water bodies require a sales contract and therefore the water -ways need to be reviewed on a case -by -case basis. On March 20, 2006, after a lengthy letter writing process with the Alaska Department of Natural Resources, the DNR provided navigability status of all Seward/Bear Creek Service Area streams of concern. Mid-term: • Coordinate with the Kenai Peninsula Borough's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Obtain engineering studies on reinforcing or rebuilding dikes and levees at canyon outlet. • Encourage coordination with Chugach National Forest Service to get the entire reaches from the canyon outlet to the lower reaches into Salmon Creek surveyed by their hydrologist to determine the areas in need of bed - load excavating and the areas where bed -load should not be excavated. SBCFSA Flood Hazard Mitigation Plan 33 November 2007 The study should evaluate channel morphology, stability and bed -load transport. • Coordinate with the appropriate agencies to identify an alternate access and emergency evacuation route out of nearby subdivisions. • Periodic bed -load removal. Long-term: • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. In October of 2004 the Seward/Bear Creek Flood Service Area and the Road Service Area took direction from the Kenai Peninsula Borough's office of Emergency Management and coordinated and funded maintenance of the dike at the canyon outlet. The project cost $8980. • Coordinate with the Kenai Peninsula Borough, the State of Alaska, and the Federal Emergency Management Agency to seek funding to update mapping to include the entire Kwechak Creek floodplain. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included Kwechak Creek for the entire service area to be included in the national FEMA Flood Map Modernization Project. • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to apply for grants and technical partnerships to complete comprehensive hydrologic studies to evaluate channel morphology, stability and bed -load transport. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included Bear Creek for the entire service area to be included in the national FEMA Flood Map Modernization Project. LOST CREEK Description: Lost Creek is located at approximately milepost 7 of the Seward Highway in Old Mill Subdivision. Lost Creek joins with Grouse Creek and becomes Salmon Creek at approximately milepost 6.5. Lost Creek is not anadromous and has been determined by the Alaska Department of Natural Resources to be non -navigable. SBCFSA Flood Hazard Mitigation Plan 34 November 2007 •..52 Flood History: Lost Creek ravaged Old Mill Subdivision in the 1986 flood, damaging many properties and completely destroying one home. In 1995 Lost Creek again eroded its banks and damaged property. In 2006 flood waters damaged the Timber Lane Bridge. Risk Assessment: • Portions of the Lost Creek watershed are not a mapped floodplain. As development continues in the Old Mill Subdivision the flooding issues become more problematic. Without updated floodplain maps the permitting and land management officials do not have the tools and authority needed to make appropriate decisions. • Timber Lane Bridge is out dated and in need of replacement. • Bed -load build-up. Mitigation Measures: Following the October 2006 flood, debris removal and bridge repair on the Timber Lane Bridge was accomplished as part of flood recovery measures by the Kenai Peninsula Borough at a cost of $553, 536. A high water event in March of 2007 necessitated dredging and bank restoration on either side of this same bridge by the Kenai Peninsula Borough In September 2007 the SBCFSA undertook a dredging and bank restoration project extending a further 1000 feet upstream from the work done by the KPB in March. The SBCFSA and the KPB Legal Department initiated a property owner waiver form to allow property owners along the work area to have input and approve the scope of work. This project was satisfactorily completed at a cost of $11,540. Short-term: • Recommend Kenai Peninsula Borough require floodplain development permits throughout Old Mill Subdivision until such time as Flood Insurance Rate Maps are prepared by FEMA. This will require amendment to KPB Title 21.06 • Express concern and provide recommendations to the appropriate agencies. SBCFSA Flood Hazard Mitigation Plan 35 November 2007 Mid-term: • Coordinate with the Kenai Peninsula Borough's Public Works Engineer to establish an annual schedule to review the watershed in its entirety and provide a report to the Service Area. • Periodic bed -load removal. • Seek funding to develop a Land Use/Floodplain Management Plan specific to Old Mill Subdivision; recommend formation of a Homeowners Association or sub -Committee of the SBCFSA to lead mid & long term land use, maintenance and recovery Long-term: • Coordinate with the Kenai Peninsula Borough, the State of Alaska, and the Federal Emergency Management Agency to seek funding to update mapping to include the entire Lost Creek floodplain. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included the Old Mill Subdivision for the entire service area to be included in the national FEMA Flood Map Modernization Project. • Complete and implement Land Use/Floodplain Management Plan for Old Mill Subdivision. CLEAR CREEK Description: Clear Creek originates from springs approximately 1.5 miles northwest from its confluence with Salmon Creek. It meanders and slows through wetlands near Old Exit Glacier Road which slows its velocity, crosses under a bridge in the Seward Highway and then eventually merges with Salmon Creek. During peak flows and especially during high water events, the greater volume and velocity of Salmon Creek causes Clear Creek to back up and flood over its banks between Salmon Creek and the bridges. During high water events flood waters fan out from Salmon Creek across the natural floodplain and enter Clear Creek laterally above its confluence with Salmon Creek. When Clear Creek is unable to convey the excess flow back into Salmon Creek, flooding occurs in the residential area between the highway and Salmon Creek. Clear Creek is anadromous and has been determined non -navigable by the Alaska Department of Natural Resources. SBCFSA Flood Hazard Mitigation Plan 36 November 2007 w54 Flood History: Resurrection River flooding spread northward to cause flooding on Clear Creek in 1951 and 1957. Clear Creek flooded severely in the 1986 flood leading to the building in 1987 of a small gravel dike on the south side of the creek. The dike was approximately 5 feet wide and 2 feet high. Despite this the area between the highway and the confluence with Salmon Creek flooded again in 1993 and 1995. Fill by private property owners near the confluence have raised the south bank above flood waters but this has caused Clear Creek waters to back up onto the north bank and onto unraised private property nearer the highway. Risk Assessment: • Heavy rainfall or high water events will increase Clear Creek back up and threaten the Seward Highway and Clear Creek Bridge as well as private property. • Clear Creek overflow interferes with the salmon cycle as spawning fish swim into shallow, vegetated overflow areas and are stranded. • Continuously present overflow will kill the trees and vegetation, degrading the stream banks. • Bed -load build-up. Mitigation Measures: In March of 2007 the SBCFSA undertook a small dredging and bank stabilization project on Clear Creek just at its confluence with Salmon Creek in the hopes of relieving some of the back up. The SBCFSA spent $5406.00 to remove 1000 cubic yards of material and use it to restore the south bank to its pre-2006 flood state. Unfortunately the project was only partially successful due to tremendously increased bed load in Salmon Creek which currently causes Salmon Creek to be higher than Clear Creek. The SBCFSA is currently planning another dredging and bank restoration project at this confluence but plans to work in Salmon Creek at and below the confluence to give Clear Creek waters somewhere to go. Short-term: • Recommend Kenai Peninsula Borough allow no more development in the Clear Creek floodplain between the Seward Highway and Salmon Creek. • Express concern and provide recommendations to the appropriate agencies. SBCFSA Flood Hazard Mitigation Plan 37 November 2007 Mid -Term: • Coordinate with the Kenai Peninsula Borough and the Alaska Department of Transportation to obtain engineering and hydrology study of the Clear Creek — Salmon Creek confluence to determine long term solutions for the backup problem. • Periodic bed load removal at and below the confluence. Long -Term: • Coordinate with the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. SBCFSA Flood Hazard Mitigation Plan 38 November 2007 LOST CREEK WATERSHED GROUSE CREEK Description: Grouse Creek is located at approximately milepost 7.5 of the Seward Highway in Old Mill Subdivision. Grouse Creek is fed by Grouse Lake and its terminus is where it meets with Salmon Creek at approximately milepost 6. Glacier Creek is anadromous and has been determined by the Alaska Department of Natural Resources to be non -navigable. Risk Assessment: • Many bordering residents have expressed concern about the culvert at milepost 7 which goes laterally under the highway and has the tendency to get plugged by debris build-up, causing water to back up onto nearby property. • Portions of the Grouse Creek watershed are not a mapped floodplain. As development continues in the Old Mill Subdivision the flooding issue becomes more problematic. Without updated floodplain maps the permitting and land management officials do not have the tools and authority needed to make appropriate decisions. • Timber Lane Bridge is out dated and in need of replacement. In November 2006 following damage to the Timber Lane Bridge from the October 2006 flooding, the bridge and approaches were repaired by the Kenai Peninsula Borough Roads Department at a cost of $553, 536. Repairs include some bed load dredging to give more clearance over the water. • Bed -load build-up. Mitigation Measures: In May of 2005 the Seward/Bear Creek flood Service Area and the Alaska Department of Transportation combined resources to remove debris build-up in the culvert at milepost 7, improving conveyance. The project lasted two days and cost the Service Area $1350. Short-term: • Express concern and provide recommendations to the appropriate agencies. SBCFSA Flood Hazard Mitigation Plan 39 November 2007 r, . —..� � Mid-term: • Coordinate with the Kenai Peninsula Borough's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Service Area. • Periodic bed -load removal. Long-term: • Coordinate with the Kenai Peninsula Borough, the State of Alaska, and the Federal Emergency Management Agency to seek funding to update mapping to include the entire Grouse Creek floodplain. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included the Old Mill Subdivision for the entire service area to be included in the national FEMA Flood Map Modernization Project. SOMETIMES CREEK: Description: Sometimes Creek is a basically dry creek bed that runs approximately 1.5 miles from northwest to southeast, parallel to Lost Creek. The creek bed is dry until there is heavy rain except for occasional pools of ground water. Flooding on Sometimes Creek is usually of the flash flood variety. Flood History: Though Sometimes Creek has caused damage in earlier flood events, in 2006 the flash flood destroyed the Forest Road Bridge. Two large culverts were installed to allow a temporary road to be built across for access while more permanent plans were made by the Kenai Peninsula Borough Department of Roads. Before the spring bridge replacement project could be started, a high water event in March 2007 washed out the culverts and temporary road. A new bridge was put across and the nearby banks hardened shortly thereafter at a cost of $125,000.00. Risk Assessment: • The new Forest Road Bridge structure has a narrow opening and is likely to accumulate debris in a flood event. • During a flash flood a debris clogged bridge will probably be damaged if not destroyed. SBCFSA Flood Hazard Mitigation Plan 40 November 2007 r1 ,_� M 3 Mitigation Measures: Short-term: • Recommend Kenai Peninsula Borough require floodplain development permits throughout Old Mill Subdivision until such time as Flood Insurance Rate Maps are prepared by FEMA. This will require amendment to KPB Title 21.06. • Express concern and provide recommendations to the appropriate agencies. Mid-term: • Coordinate with the Kenai Peninsula Borough Department of Roads to establish an annual schedule to inspect the bridge and approaching stream banks and make repairs as needed. • Periodic bed load and debris removal. Long-term: • Coordinate with the Kenai Peninsula Borough, the State of Alaska and FEMA to seek funding to update mapping to include Sometimes Creek. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included the Old Mill Subdivision for the entire service area to be included in the national FEMA Flood Map Modernization Project. • Complete and implement Land Use/Floodplain Management Plan for Old Mill Subdivision. SBCFSA Flood Hazard Mitigation Plan November 2007 41 Zi , FOURTH OF JULY CREEK WATERSHED FOURTH OF JULY CREEK Description: Fourth of July Creek is located on the east side of Resurrection Bay and is known for continuously shifting its channels. The entire watershed, which includes Godwin Creek and Spring Creek, is glacially fed and includes roughly 25 square miles of drainage. Fourth of July Creek and its tributaries have created a 1.26 square mile segmented alluvial fan on which has been constructed commercial and industrial facilities and the $80 million dollar Spring Creek Correctional Facility which is a maximum security State prison. The lower reach of the stream is anadromous and has been determined to be navigable by the Alaska Department of Natural Resources. Flood History: In preparation for the planned development of the Fourth of July Creek alluvial fan, in 1981 a Hydrologic Reconnaissance study was undertaken by the US Geological Survey. In the study they outlined the dangers of a constantly changing stream channel and the potential for flash flooding due to avalanches. Flood control levees were constructed in 1982 to protect the infrastructure and development on the alluvial fan. However, flood events in 1982, 1986 and 1989 caused extensive damage to these levees. In 1991 the City of Seward funded the modification of the levees which in 1992 were determined by the Corps of Engineers to be able to prevent most flooding without significant damage. Risk Assessment: • In 2007, further development of the Seward Marine Industrial Complex was approved by the Seward City Council as well as a project to add on to Spring Creek Correctional Institution. The current levees need to be inspected and updated or replaced if needed before these plans are carried out. • Failure of the Forth of July Creek dike would result in considerable damage to public and private infrastructure including the Spring Creek Correctional Center, the City of Seward's water supply and the Seward Marine Industrial Center. • The upper basin of Fourth of July Creek has been logged several times in the past and stumps, slash and trees are regularly carried downstream by the higher flows. This debris can and does run aground and can cause surge release type flash flooding. SBCFSA Flood Hazard Mitigation Plan 42 November 2007 ,` la 0 • According to officials, the City of Seward currently holds a permit from the Army Corps of Engineers to extract 10, 000 cubic yards per year and to date the permit has not been exercised. • Bed -load build-up. Mitigation Measures: Short-term: • Encourage the City of Seward to exercise their permit and dredge the mouth of the creek to promote flushing and create a direct channel to the bay. • Encourage the City of Seward to get engineering studies on the current levee before going ahead with alluvial fan development plans. On August 17, 2007, the City of Seward, in a letter to the Commander of the US Army Corps of Engineers, Alaska District, formally requested "the initiation of a Watershed Study under Section 14 to study all tributaries that flow into Resurrection Bay and; the initiation of a Shore Erosion Study under Section 14 to study shoreline erosion along Resurrection Bay..." The SBCFSA will follow this request and, if needed, add a letter of its own to support these studies. Mid-term: • Coordinate with the City of Seward to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Periodic bed -load removal. Long-term: • Coordinate with the City of Seward and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. • Coordinate with the City of Seward and the State of Alaska to seek funding to update mapping to include the entire Fourth of July Creek floodplain. SBCFSA Flood Hazard Mitigation Plan November 2007 .26i 43 GODWIN CREEK Godwin Creek originates at Godwin Glacier and flows through a steep sided canyon and then into Fourth of July Creek on the east side of Resurrection Bay. It deposits its sediment load on the Fourth of July Creek alluvial fan. Godwin Creek is not anadromous and has been determined by the Alaska Department of Natural Resources to be non -navigable. Risk Assessment: • Landslides and slope failure in the steep canyon walls have resulted in damming and excessive build-up of debris. • Bed -load build-up. Mitigation Measures: Short-term: • Recommend constructing an overflow culvert in the old channel. Mid-term: Coordinate with the City of Seward's Public Works Engineer to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. o Periodic bed -load removal. Long-term: • Coordinate with the City of Seward and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. • Coordinate with the City of Seward and the State of Alaska to seek funding to update mapping to include the entire Godwin Creek floodplain. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included Godwin Creek for the entire service area to be included in the national FEMA Flood Map Modernization Project. SBCFSA Flood Hazard Mitigation Plan 44 November 2007 INDEPENDENT WATERSHEDS SCHEFFLER CREEK (a.k.a. Rudolph Creek) Description: Scheffler Creek originates on the east side of Mt. Marathon in an ice -cored glacial moraine. It flows perpendicular to the north end of Seward and drains into the Lagoon bordering Third Avenue in the City of Seward and from there into Resurrection Bay. The Scheffler Creek watershed is under the management of the City of Seward. Risk Assessment: During flooding events Scheffler Creek has caused the Lagoon to overflow, washing out culverts and roads. • Lack of regulatory enforcement and permitting has allowed haphazard channelization. • Sediment deposits are building up in the Lagoon. • Bed -load build-up along Scheffler Creek itself. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies • Establish a cooperative relationship with the City of Seward to ensure flood mitigation efforts are not being duplicated. Mid-term: • Coordinate with the City of Seward's Public Works Engineers to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. Since the October 2006 flood the City of Seward has had an engineering study done on Scheffler Creek by Lounsbury and Associates. • Regulatory permitting required for past, present, and future changes to the water course. SBCFSA Flood Hazard Mitigation Plan 45 November 2007 • Increase drainage conveyance under Dairy Hill Road and the Seward Highway. As part of emergency measures following the October 2006 flood the city replaced the Scheffler Creek culvert with a large oval shaped one for better drainage and backfilled the area with rock to protect the road surface. • Periodic bed -load removal. Long-term: • Coordinate with the City of Seward and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. As a result of consultation with Phillip Oates, Seward City Manager, the SBCFSA is considering Scheffler Creek as one of several small debris removal and bank restoration projects being planned for spring 2008. $15,000 has been set aside in the SBCFSA budget for this project. LOWELL CREEK Description: Lowell Creek is a glacier -fed stream that runs 3 miles through a talus strewn canyon above Seward and then used to flow over an alluvial fan on which Seward's original town site was built. The alluvial fan stretches from the Resurrection Bay to the mouth of Lowell Canyon 130 feet above. The stream channel through the canyon is prone to landslides and avalanches that dam the stream and can lead to surge release type flooding. The volume and velocity of Lowell Creek is powerful enough during flood events to pick up large boulders and huge amounts of sediment and carry them downstream. Many of Seward's critical infrastructure, including the hospital, police station, city hall is located within this alluvial fan area as well as businesses, homes and a senior citizen housing structure. The creek currently is diverted from its original path by a dam and diversion tunnel built by the US Army Corps of Engineers. The dam is located just inside the mouth of Lowell Canyon and is 400 feet long and 25 feet high. The uncontrolled spillway is about 400 feet long with a sharp drop at the tunnel entrance to increase the velocity of the water enough to ensure that all debris will pass into and through the tunnel. From the dam, the waters of Lowell Creek are funneled through a diversion tunnel 2,068 feet long and 10 feet in diameter through Bear Mountain and into Resurrection Bay via a spillway above Lowell Point Bridge at the southern edge of the city. A 1994 reconnaissance report by the US Army stated that the tunnel and dam were not designed to impound water for long periods. A 40 foot long emergency spillway was originally designed to SBCFSA Flood Hazard Mitigation Plan 46 November 2007 n direct flood waters into the old creek bed through the center of town but that outlet no longer exists as this area has been fully developed. The stream is non- anadromous and has been determined to be non -navigable by the Alaska Department of Natural Resources. Since 1945 operation and maintenance of the diversion system and development and regulation of the floodplain has been under the City of Seward. Flooding History: Flooding from Lowell Creek devastated the town of Seward more than once before 1929 when an intake structure and wooden flume 12 feet wide and 7 feet tall were constructed above the stream's original path 3,300 feet through the center of Seward. The flume was plagued by constant debris accumulation and deterioration and was deemed beyond economical repair in 1937. Appeals were made to Congress and $143,929 was allotted for the US Army Corps of Engineers to build a diversion tunnel through Bear Mountain to replace the wooden flume. The project was completed in 1940. A culvert beneath Jefferson Street was eventually built to allow stream diversion during tunnel repairs. The history of Lowell Creek flooding since 1940 has been one of repeated and expensive repairs to the tunnel and intake system and near disaster in 1966 and 1986 due to blockage of the tunnel during major flood events. The tunnel has deteriorated due to debris abrasion. The railroad,rails armoring the tunnel's floor have been torn out through the years and the floor has periodically eroded to bedrock. o The first major repair of the tunnel took place in 1945. The city spent $4.1 million dollars and the federal government $2.7 million for tunnel repairs. • In May 1946 control and maintenance of the diversion system was turned over to the City of Seward with inspection and oversight by the Army Corps of Engineers. • In 1966 a landslide above the entrance to the tunnel partially blocks the tunnel and water rises to within 2 feet of overtopping the dam. • In 1969 emergency rehabilitation work on the tunnel was accomplished using federal funding under Public Law 99 (84th Congress). • In 1984 emergency repairs were made by the City of Seward after inspection revealed that the tunnel needed to be repaired. • In 1988 ma or repairs were made under the rehabilitation authority of Public Law 99 (84 h Congress) following an inspection after the 100-year flood event in October 1986 revealed major damage to the tunnel floor from heavy rainfall and debris. SBCFSA Flood Hazard Mitigation Plan 47 November 2007 • In 1989, after another major rainstorm, repairs to the tunnel are again accomplished under Public Law 99. • In 1992 the US Army Corps of Engineers conducted a Flood Damage Reduction Revised Reconnaissance Report on Lowell Creek. The report concluded that because of the potential for blockage of the tunnel from debris, liner failure or landslide could cause flood waters to go over the spillway with a catastrophic loss potential of lives and (in 1992 dollars) of $15 million dollars in property damage. The report estimated that if the tunnel received only minor repairs, it would like fail by the year 2015. Among several alternatives for controlling Lowell Creek, the Corps recommended two for further investigation; rehabilitating the existing tunnel and adding an emergency spillway and silt dam at a projected cost of (1992 dollars) over $10 million dollars or adding a second 10 foot diameter tunnel to the rehabilitated existing tunnel with a projected cost (1992 dollars) of nearly $16 million dollars. • A report by the US Army Corps of Engineers in October 1993 identified some design deficiencies they believed needed to be addressed. These included; no provision had been made for flood passage through the area downstream of the spillway (and in fact this area had been highly developed), that there was no emergency plan developed for action to be taken should the tunnel be blocked or long term -impoundment behind the dam, and finally, that there was no provision for a monitoring and warning system. • In 2001 the Secretary of the Army was authorized under the Water Resources and Development Act of 2000 to carry out on an emergency, one-time basis necessary repairs of the Lowell Creek Tunnel at federal expense for a total cost of $3 million dollars. The City of Seward has been responsible for maintenance and repairs between these major events. Over the life of the tunnel, the federal government has spent $3,325,775 on tunnel repair and maintenance and the local government has spent $3,392,700 for a total of $6,718,475. Risk Assessment: • Design deficiencies identified by the Corps of Engineers in 1993 have only partially been addressed. • Landslides in the canyon have contributed to blockage and obstruction to the Lowell Creek Diversion Tunnel causing ongoing deterioration to the structure. • Lowell Point Bridge receives tremendous pressure as well as gravel and water build-up during high water events. SBCFSA Flood Hazard Mitigation Plan November 2007 W. • The diversion culvert of Jefferson Street has been known to pass large debris and is need of annual inspection and maintenance. • Lack of regulatory enforcement and permitting. • Bed -load build-up. Mitigation Measures: Short-term: • Express concern and provide recommendations to the appropriate agencies. • Coordinate with the City of Seward, the Army Corps of Engineers and other appropriate agencies to apply for grants and technical partnerships to obtain funding to update and maintain the Lowell Creek Diversion Tunnel. Since accepting responsibility for the tunnel in 1946, the City of Seward has been overwhelmed by the financial burden of maintaining and repairing the diversion structures. Under the Water Resources Development Act passed by the US Congress in November 2007, the US Army Corps of Engineers has resumed responsibility for the repair and maintenance of the Lowell Creek Diversion Tunnel. Mid-term: • Coordinate with the City of Seward and the Army Corps of Engineers Borough to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Maintain diversion culvert under Jefferson Street. • Periodic bed -load removal. Maintenance of the Lowell Creek aggrading stream channel above the tunnel has required annual work contracted by the City of Seward and this work needs to continue. Independent technical analysis of the impacts of large rock and vegetation removal and streambed clearing on the tunnel is needed. Though debated locally in 2006 prior to the October flooding, there is support for the need for debris removal but no clear understanding of how this work should be guided to maintain optimum stream mechanics without aggravating the already serious problem of excessive debris flow through the tunnel during flood events. SBCFSA Flood Hazard Mitigation Plan 49 November 2007 Long-term: • Coordinate with the City of Seward, the Army Corps of Engineers, and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris from Lowell Creek above the diversion dam. • Prepare an Emergency Action Plan (EAP). An EAP is required of the City of Seward by the Department of Natural Resources. • Develop a dam break inundation map of the area below Lowell Creek diversion dam. • Prepare engineering recommendations and course of action for correcting design deficiency such as emergency spillway an emergency spillway conveyance channel, secondary detention or other engineering suggestions. SPRUCE CREEK Description: Spruce Creek flows in Resurrection Bay at Lowell Point, 2 miles south of Seward. The stream drains a 9.26 square mile watershed originating at a small glacier in the northwest corner of the watershed. It flows nearly 5 miles to Resurrection Bay from steep headwaters that flow through a narrow canyon. Landslides and avalanches in the canyons contribute to surge release type flooding which has historically caused damage on Lowell Point Road, Spruce Creek Bridge and the water treatment plant lagoon. Spruce Creek ends in an alluvial fan that supports businesses and homes at Lowell Point as well as critical Seward infrastructure in the form of the sewage treatment plant. Spruce Creek is seasonal, non-anadromous and has been determined to be non -navigable by the Alaska Department of Natural Resources. Spruce Creek and has one of the area's three USGS managed stream gauges. Flood History: Before the bridge replacement, Spruce Creek was regularly blocked during high water events by debris caught under the bridge. Historic flood damage has, historically, been confined to the left margin of the fan. After the 1986 flood (which did not significantly impact the Spruce Creek area, the Soil Conservation Service built a rep rap revetment on the right bank of the channel upstream of the bridge in order to protect the north bank where the sewage treatment plant is located. Flood damage in 1995, 2002 and 2006 was mostly limited to businesses and properties below the bridge due to bed load accumulation and stream braiding. SBCFSA Flood Hazard Mitigation Plan November 2007 50 � � - Risk Assessment: • Landslides in the canyon back up the water which causes severe erosion, debris dams, and "surge -release" flooding significantly damaging Lowell Point Road, the Spruce Creek Bridge and the City Sewer Lagoon. • Seasonal high water flow results in substantial damage to Lowell Point Road, which is the only access and evacuation route. • The Spruce Creek watershed is not a mapped floodplain. As development continues in the Lowell Point area the flooding issue becomes more problematic. Without floodplain maps permitting and land management officials do not have the tools and authority needed to make decisions. In November 2005 the SBCFSA, in partnership with the City of Seward and the Kenai Watershed Forum, financed obtaining LIDAR data that included Spruce Creek for the entire service area to be included in the national FEMA Flood Map Modernization Project. • Bed -load build-up Mitigation Measures: Short-term: • Encourage the Kenai Peninsula Borough and State of Alaska to replace the Spruce Creek Bridge to include a longer span with two lanes. In April 2006 residents of the Lowell Point area began petitioning to have the unsafe one lane bridge at Spruce Creek replaced. The Kenai Peninsula Borough solicited federal and state funds to assist in the cost of this project. A two lane bridge was completed in September 2006 at a total project cost of $1,195, 955. Mid-term: • Coordinate with the Kenai Peninsula Borough and the State of Alaska to seek funding to update mapping to include the Spruce Creek floodplain. On February 24, 2005 the Seward/Bear Creek Flood Service Board sent a memo to the Kenai Peninsula Borough Mayor ask that Spruce Creek be added to the list of streams in need of floodplain mapping. SBCFSA Flood Hazard Mitigation Plan 51 November 2007 2 6' 3 • Coordinate with the City of Seward and the Kenai Peninsula Borough to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Periodic bed -load removal. At a September regular board meeting of the SBCFSA, Lowell Point residents expressed concern about the need for bed load removal on the lower Spruce Creek. The board agreed to add Spruce Creek to its list of possible small dredging and bank repair projects scheduled for FY 2008. Long-term: • Coordinate with the City of Seward, the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. SAWMILL CREEK Several glacial -basins drain into Sawmill Creek's headwaters. The creek is located northeast of Nash Road and flows through a banked and braided channel under Sawmill Creek Bridge into Resurrection Bay. The stream is non-anadromous and has been determined to be navigable by the Alaska Department of Natural Resources. Flood History: In the October 1986 flood, log and debris jams caused Sawmill Creek to undermine Nash Road and wash out a bridge abutment on the Sawmill Creek Bridge. Risk Assessment: • Debris jams have caused considerable bank erosion. • During high water events water at Sawmill Creek Bridge has flowed onto Nash Road and threatened electrical power poles as well as private infrastructure. • Glacier Creek has been known to jump into Sawmill Creek at its headwaters during high water events. SBCFSA Flood Hazard Mitigation Plan 52 November 2007 • At this time Sawmill Creek is not completely included in the floodplain mapping. • Land that has historically flooded from Sawmill Creek in Nash Woods was platted two years go for building homes. • Bed -load build-up above and below Nash Road threatens Sawmill Creek Bridge. Material Sale fees charged by the Department of Natural Resources make flood mitigation debris removal too costly. Mitigation Measures: Short-term: Recommend the State of Alaska, Department of Transportation to consider enlarging and straightening out the Sawmill Creek Bridge as well as cleaning out bed load above and below the bridge. • Install riprap to armor the bank to prevent possible merging into Glacier Creek at the headwaters. Mid-term: • Encourage coordination with Chugach National Forest Service to get the entire reaches from the canyon outlet to the lower reaches into Resurrection Bay surveyed by their hydrologist to determine the areas in need of bed -load excavating, as well as channel morphology, stability and bed -load transport. • Coordinate with the City of Seward and the Kenai Peninsula Borough to establish an annual schedule to review the watershed in its entirety and provide a report to the Flood Service Area. • Periodic bed -load removal. Long-term: • Coordinate with the City of Seward, the Kenai Peninsula Borough and other appropriate agencies to obtain funding and permitting to establish an annual maintenance schedule and contract to remove excess debris. SBCFSA Flood Hazard Mitigation Plan 53 November 2007 COASTAL FLOODPLAINS Coastal flood hazard areas exist along the entire coastline of the service area. Flood Insurance Rate Maps (FIRMs) designate coastal floodplains as subject to coastal velocity waves if a 3 foot or greater wave action impacts the coastline. Flood History: Alaska has the greatest tsunami potential in the entire United States. Historic tsunamis generated by earthquakes on the Alaska -Aleutian subduction zone have resulted in widespread damage and loss of life along the Alaskan Pacific coast and other places located at exposed locations around the Pacific Ocean. Large seismic events occurring in the vicinity of the Alaska Peninsula, Aleutian Islands, and Gulf of Alaska have a very high potential for generating both local and Pacific -wide tsunamis. Seward was the first community to be recognized as Tsunami Ready in Alaska in January 2002. Seward's mayor at that time knew firsthand of the disastrous effects of tsunamis, because he lived through the 1964 tsunamis as a young boy. During the Great Alaskan Earthquake, a section of Seward's waterfront slid into the bay triggering a series of tsunamis that inundated the community a mere 20 minutes later. Twelve people were killed and the destruction was extensive — 14 million dollars (in 1964 dollars). Mitigation Measures: To help mitigate the risk that tsunamis pose to Alaskan coastal communities, the Geophysical Institute of the University of Alaska Fairbanks and the Alaska Division of Geological and Geophysical Surveys participate in the National Oceanographic and Atmospheric Administration's (NOAA) National Tsunami Hazard Mitigation Program by evaluating and mapping potential inundation of selected parts of Alaska coastlines using numerical modeling of tsunami wave dynamics. One of the most significant sources of errors in tsunami inundation mapping is inaccuracy of topographic and bathymetric data used in the model. The Alaska Tsunami Modeling Team cooperated with the local USGS glaciology office to perform photogrammetry in the Seward area. Using ten air photos and the APEX software, along with several precisely located GPS points, a new geo-referenced and highly accurate DEM with a 5-meter grid spacing has been developed. The new dataset has contours that deviate by more then 100 meters in some places from the contours in the previous dataset, showing significant improvement in accuracy for the purpose of tsunami modeling. SBCFSA Flood Hazard Mitigation Plan 54 November 2007 Short-term: • Obtain the Seward tsunami inundation mapping and assess how to better inform the public of the new study information. • Review the FEMA FIRMs for areas of the coastline that are mapped and discuss the accuracy of the coastal flood maps and how they are being used for project review by the SBCFSA, City of Seward and the Kenai Peninsula Borough Kenai River Center. Mid-term: • Improve public education information on the building techniques in the coastal velocity flood zones. Hold public meetings specific to Lowell Point residents. SBCFSA Flood Hazard Mitigation Plan November 2007 55 REFERENCES Alaska Railroad Corporation. (September 1991). "Flood Hazard Mitigation Plan" Behlke, C.E. (August 1990). "Box Canyon Creek Near Seward Alaska," prepared for city of Seward, Seward, Alaska. City of Seward. (March 2004). "All Hazard Mitigation Plan." City of Seward. (1996). "Flood Hazards Mitigation Plan." City of Seward Community Development Department and Hensley Consulting Services. Department of the Army. (February 1994). "Seward Area Rivers Flood Damage Prevention Interim Reconnaissance Report," US Army Engineer District, Alaska. Federal Emergency Management Agency (FEMA). (February 1989). "Alluvial Fans: Hazards and Management." FEMA. (December 1999). "Flood Insurance Study," prepared for the Kenai Peninsula Borough. FEMA. (February 1987). "Reducing Losses in High Risk Flood Hazard Areas: A Guidebook for Local Officials," FEMA 116. FEMA. (June 2006). "Introduction to Hazard Mitigation," IS393.A. Jones, S.H., and Zenone, Chester. (1988). "Flood of October 1986 at Seward, Alaska," USGS Water -Resources Investigation Report 87-4278. Kenai Peninsula Borough Office of Emergency Management. (September 2006). "Resurrection River Debris Maintenance Plan." Kenai Peninsula Borough. (2004) "All Hazard Mitigation Plan." Lamke, R.D. and Bigelow, B.B. (1987). "Floods of October 1986 in Southcentral Alaska," USGS Open -File Report 87-391. Lien-Longville, Susan. (April 28, 2005). "The Housing Boom on Southern California's Alluvial Fan Floodplains: A Floodplain Management Crisis in the Making. Nelson, G.L. (1981). "Hydrologic Reconnaissance near Fourth of July Creek, Seward, Alaska," USGS Water Resources Investigations 81-21. SBCFSA Flood Hazard Mitigation Plan November 2007 56 Robinson, Dr. Stephen (Ed). (August 2003). "A Field Guide to the Geomorphology of Southcentral Alaska Seward History Preservation Commission. (2004). "Seward History: How Seward was Founded." www.cityofseward.net/hpc/seward_history. Seward Phoenix Log. (September 21, 1995). Volume 30 Number 2. Seward Phoenix Log. (September 28, 1995). Volume 30 Number 5. Seward Phoenix Log. (October 16, 1986). Volume 21 Number 2. Seward Phoenix Log (October 23, 1986). Volume 21 Number 5. US Army Corps of Engineers (USAGE), Alaska District. (September 1992). "Flood Damage Reduction Revised Reconnaissance Report, Seward, Alaska, Lowell Creek," Anchorage, Alaska. USACE, Alaska District. (March 1992). "Flood Damage Reduction Revised Reconnaissance Report, Seward, Alaska: Fourth of July Creek," Anchorage, Alaska. USACE, Alaska District. (August 1964). "Report on Subsurface Investigation for City of Seward, Alaska and Vicinity," Anchorage, Alaska. USACE. (1982). "Flood Plain Information Resurrection River and Salmon Creek, Seward, Alaska," prepared for the Kenai Peninsula Borough. USACE. (October 1993). "Assessment of Structural Flood -Control Measures on Alluvial Fans," prepared for FEMA by Hydrologic Engineering Center, Davis, California. US Geological Survey (February 2005). "Summary of Significant Floods in the United States, Puerto Rico, and the Virgin Islands, 1970 Through 1989." Water -Supply Paper 2502. US Geological Survey. (March 2004). "Floods on the Kenai Peninsula, Alaska, October and November 2002," Fact Sheet 2004-3023. US Geological Survey. (December 2006). "October 2006 Flooding in the Seward -Prince William Sound Areas, Alaska," USGS Website, http://ak.water.usgs.gov. SBCFSA Flood Hazard Mitigation Plan November 2007 57 `d J APPENDICES J '�` �� ..�`3 yak �_ � y •. _ 4P�:S`Tr;d � � �i v"� .✓/'�." �f—S.--­aIdlBear Creek Flood SerVICe Area ZA A (�qJj�' ��.i _ Y' ` �� Fha •`�u te. • � - r � 1Y"3 .v I ro i � p VN ;.�� 4{�P..,. _ y�y _,�• ! ?:irk � j, `�.L 1 � ✓sbr ". -s � 1 r, '4 �. -,�'�' I -' i. G'Y4-.n�a/°.!:sbli :�.2:3 � i i . �. ^ram„ �". f�„p• lair q* �4 C tSo Owl Y L u lLL $ LL LL .• µ 4. t .? ergs :,Ny m APPENDIX 2 Seward/Bear Creek Flood Service Area BOARD MEMBERS 2004 Appointed Board 2007 Elected Board Seat A* Blaine Bardarson Seat A* Loyd Welch/Randall Stauffer Seat B* Mark Beals Seat B* Dave Dieckgraeff Seat C* Kerry Martin Seat C* John Gage Seat D David Hayes- Chair Seat D Bill Williamson, Chair Seat E Tina McLean Seat E Tina McLean Seat F* David Squires Seat F* Steve Schafer, Vice Chair Seat G Peter Simon- Vice Chair Seat G Tom Gillespie 2005 Elected Board 2008 Elected Board Seat A* Randall Stauffer Seat A* Matt Hall (appointed) Seat B* Steve Schafer- Vice Chair Seat B* Dave Dieckgraeff Seat C* Timothy McDonald Seat C* Randall Stauffer, Vice Chair Seat D Bill Williamson Seat D Bill Williamson, Chair Seat E Jim McCracken- Chair Seat E Bob White Seat F* Claudia Neklason Seat F Steve Schafer Seat G Jess Sweatt Seat G Tom Gillespie 2006 Elected Board Seat A* Loyd Welch Seat B* Randall Stauffer Seat C* Nathan Orr Seat D Bill Williamson Seat E Jim McCracken — Chair Seat F* Steve Schafer — Vice Chair Seat G Tina McLean * Seats A, B, C, and F are required to be filled by residents of the City of Seward. SBCPSA Flood Hazard Mitigation Plan November 2007 II ADMINISTRATIVE OFFICE CONTACT INFORMATION Administrative Assistant: Christina Stauffer Phone# (907) 224-3340 Fax# (907) 224-5197 sbcfsa@arctic.net Mailing Address Physical Address PO Box 1554 302 Railway #123 Seward, AK 99664 Seward, AK 99664 SBCFSA Flood Hazard Mitigation Plan November 2007 III APPENDIX 3 Seward/Bear Creek Flood Service Area AGENCY CONTACTS Alaska Railroad Corporation (website: www.alaskarailroad.co,n) Enaineerinq Services Tom Brooks, P.E. Alaska Railroad Corporation PO Box 107500 Anchorage, AK 99510 (907)265-2320 brookst@akrr.com City of Seward (website: www.cityofseward.net) Seward Citv Manager Phillip Oates PO Box 167 Seward, AK 99664 (907)224-4047 poates@cityofseward.net Planninq Department Donna Glenz PO Box 167 Seward, AK 99664 (907) 224-4065 dgienz@cityofseward.net Public Works William Casey, Director PO Box 167 Seward, AK 99664 (907)224-4093 wcasey@cityofseward.net Seward Planninq & Zonin Marianna Keil, Chair PO Box 167 Seward, AK 99664 (907)224-5066 backlash@gci.net Environmental Protection Agency (website: www.epa.jov) Aquatic Resources Unit Phil North, Aquatic Ecologist Watershed Coordinator 514 Funny River Road Soldotna, AK 99664 (907)260-4872 north.phil@epa.gov Federal Emergency Management Agency (website: www.1ema.gov) Region 10 Mark Carey, Branch Chief Federal Regional Center 130 22e Street Bothell, WA 98021 (425) 487-4600 mark.earey@dhs.gov SBCFSA Flood Hazard Mitigation Plan November 2007 IV 280 Kachemak Heritage Land Trust (www.kachernaklandtrust.ort;) Barb Seaman, Executive Director PO Box 2400 Homer, AK 99603 (907)235-5263 barb@kEichemakiandtrust.org Kenai Peninsula Borough (website: www.borough. kenai.ak.us) Kenai River Center Jane Gabler, Floodplain Administer 514 Funny River Road Soldotna, AK 99669 (907) 260-4882 jgabler@borough.kenai.ak.us Road Service Area Gary Davis, Director 47140 E. Poppy Lane Soldotna, AK 99669 (907) 262-4427 gdavis@borough.kenal.ak.us Capital Proiects Kevin Lyon, Director 47140 East Poppy Lane Soldotna, Alaska 99669 (907)262-9657 klyon@borough.kenai.ak.us Emergency Management Scott Walden, Coordinator 144 N Binkley Street Soldotna, AK 99669 (907) 262-4910 swaiden@borough.kenai.ak.us State of Alaska (website: www.state.ak.us) Department of Commerce. Community & Economic Development Taunnie Boothby, Planner Flood Insurance Program Coordinator 550 W. 7th Ave, Suite 1640 Anchorage, AK 99501 (907)269-4567 Ta unnie_boothby@commerce.stat. ak. us Alaska Homeland Security Mark Roberts, State Hazard Mitigation Officer PO Box 5750 Fort Richardson, AK 99505 (907)428-7016 mark.roberLs@alaska.gov SBCFSA Flood Hazard Mitigation Plan V November 2007 Department of Natural Resources Dick Mylius, Director Division of Mining, Land and Water 550W.7" Avenue, Suite#1070 Anchorage, Alaska 99501 (907)269-8600 dick—mylius@dnr.state.ak.us Clark Cox, Natural Resource Manager Division of Mining, Land and Water Southcentral Region Land Office 650 W. Avenue, Suite 900C Anchorage, Alaska 99501-3577 Clark Cox@dnr.state.ak.us Lee McKinley, Habitat Biologist (Department of Fish and Game) 514 Funny River Road Soldotna, AK 99669 (907)260-4882 Joe mekinlevLi' dnr.stat.ak.us Department of Transportation Gordon Keith, Regional Director 4111 Aviation Avenue Anchorage, AK 99519 (907) 269-0770 Gordon Kei thlo..dot. state ak us US Army Corps of Engineers (website: www.usace.armv.mil) Dave Casey, Field Office Manager 805 Frontage Road, Suite 2000 Kenai, AK 99611 (907)283-3519 Dave.c.casey@poa02.usace.army.mil SBCFSA Flood Hazard Mitigation Plan November 2007 VI APPENDIX 4 GLOSSARY 100-year Base Flood: Base flood means a flood having a 1 % chance of being equaled or exceeded in any given year. Alluvial fan: An area at the base of a valley where the slope flattens out, allowing the floodwater to decrease in speed and spread out, dropping sediment and rock over a fan -shaped area. Anadromous Stream: A waterway extending from the salt water to fresh water which provides a rearing habitat and is used by fish for spawning. Channel: Defined landforms that carry water. Development: Any man-made change to real estate. FEMA: Federal Emergency Management Agency FIRM: Flood insurance rate map. Flash flood: A flood in hilly and mountainous areas that may come scant minutes after a heavy rain, one can also occur in urban areas where pavements and drainage improvements speed runoff to a stream. Flood: A general and temporary condition of partial or complete inundation of normally dry land areas. Flood hazard mitigation: All actions that can be taken to reduce property damage and the threat to life and public health from flooding. Floodplain: Any land area susceptible to being inundated by flood waters from any source. SBCFSA Flood Hazard Mitigation Plan 7 November 2007 " J '3 Floodway: The stream channel and that portion of the adjacent floodplain which must remain open to permit passage of the base flood. Hydrology: The science dealing with the waters of the earth; a flood discharge is developed by a hydrologic study. Ice jam: Flooding that occurs when warm weather and rain break up frozen rivers and the broken ice floats downriver until it is blocked by an obstruction, creating an ice dam that blocks the channel and causes flooding upstream. LiDAR: An acronym for Light Detection And Ranging (LiDAR) is a remote sensing technique that provides high resolution elevation data with a vertical accuracy not previously available for the Seward Bear Creek Service Area. LIDAR was used in the SBCFSA to map geomorphic features associated with floodplains and alluvial fans. High resolution LIDAR shows that floodplains and alluvial fans are geomorphically complex. LIDAR is an optical remote sensing technology that measures properties of scattered light to find range and/or other information of a distant target. The prevalent method to determine distance to an object or surface is to use laser pulses. Like the similar radar technology, which uses radio waves instead of light, the range to an object is determined by measuring the time delay between transmission of a pulse and detection of the reflected signal. LiDAR for geographic mapping of ground features. Mudslide: A condition where there is a river, flow or inundation of liquid mud down a hillside. Ordinance: The generic term for a law passed by a local government. Runoff: Rainfall and snowmelt that reaches a stream. Storm surge: Water that is pushed toward shore by persistent high wind and changes in air pressure. The level of a large body of water can rise by several feet. Surge -release flood: SBCFSA Flood Hazard Mitigation Plan 8 November 2007 84 Debris build up, landslides or avalanches in narrow canyons can cause water to be artificially dammed during heavy rains causing water to be released in large amounts and at great velocity when the temporary dam gives way. Tsunami: A large wave caused by an underwater earthquake or volcano which can raise water levels as much as 15 feet. Watershed: An area that drains into a lake, stream or other body of water. SBCFSA Flood Hazard Mitigation Plan 9 November 2007 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WORTHINGTON FORD FOR THE PURCHASE OF A 2008 F-550 4X4 SERVICE TRUCK, FOR AN AMOUNT NOT -TO -EXCEED $56,502.00 WHEREAS, the existing vehicle is in need of expensive repairs, approximately $20,000.00 and not operational in its current condition; and WHEREAS, the vehicle was scheduled for replacement two years ago and replacement is necessary to ensure reliable and economical transportation, regain consistency in the electric department's vehicle replacement schedule; and WHEREAS, it is in the interest of public safety to provide reliable response vehicles to the Electric Utility in order to timely respond to outages, accidents and customer jobs; and WHEREAS, Seward City Code 6.10.120(b) authorizes the City to utilize competitive bids received from other governmental entities, and the City of Seward intends to utilize the State's fleet bid to purchase this vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City Manager is hereby authorized to enter into an agreement with Worthington Ford for the purchase of a 2008 F-550 4x4 truck for an amount not -to -exceed $56,502.00. Section 2. The City Council hereby finds it in the public's interest to authorize the City to utilize competitive bids obtained by the State of Alaska, as authorized in Seward City Code 6.10.120(b). Section 3. Funding for the purchase of this vehicle will come from the motor pool fund equipment account no. 102-1020-5930. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of April, 2008. Council Agenda Statement Meeting Date: April 28, 2008 Through: Phillip Oates, City Manager , V From: Tim Barnum, Electric Utility Manager Agenda Item: Approval to Purchase a Replacement Vehicle Utilizing the State of Alaska Bid Process BACKGROUND & JUSTIFICATION: This resolution requests authorization to purchase a 2008 Ford F-550 4x4, diesel at a cost not -to -exceed $56,502.00. The current vehicle is a 1999 Ford F250. The existing vehicle is in need of an expensive repair that exceeds the value of the vehicle, approximately $20,000.00 and administration does not recommend repairing the vehicle. The vehicle is not operational in its current condition. The previous resolution had asked for $63,000.00 at the time of publication. The cost was revised at the time of the meeting to a not -to -exceed cost of $55,302.00. However, due to the expiration of some incentives from Ford Motor Company and additional fuel surcharges for the delivery of the service body, the purchase price has increased by $1,200.00 and is now $56,502.00. The vehicle being quoted is on the lot and being held by the dealer. However, they will not hold it after April 29th without a commitment to purchase from the City. Seward City Code 6.10.120(B), allows the City to utilize competitive bids obtained by other governmental agencies. The City utilized the bids obtained by the State of Alaska. Utilizing the State of Alaska bids not only saved valuable time for staff but we believe that the price is better than we would have received by bidding for one vehicle. Replacement of the current vehicle is a necessity if we are going to maintain both reliable and economical transportation for department employees and is consistent with our departmental replacement schedule. The 1999 Ford trucks have been very problematic since they were purchased. There have been numerous recalls from the factory as well as reoccurring problems, such as front ends and brakes. This is the last 1999 Ford vehicle that the City has in daily operation. The new vehicle will be a heavier duty rated vehicle which should alleviate most of the past problems, reduce maintenance cost and extend the life of the vehicle, allowing for possible value remaining at the time of its scheduled replacement. 2.37 CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: To be paid for from the Motor Pool equipment account no. 102-1020-5930. RECOMMENDATION: City Council approve Resolution 2008-31 authorizing the purchase of one 2008 F-550 4x4 truck as specified from Worthington Ford at a cost not -to -exceed $56,502.00. 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OPENING CEREMONY Corporal Patrick Messmer led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Linda Amberg Bob Valdatta Tom Smith Jean B, ardarson comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney , ABSENT — Betsy Kellar CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jolund Luther, invited the council and public to the Fireside Chats. The topic would be about World War II, and he thought this was a good start for future chats this year. Sharyl Seese, did not think the questions asked on the APOC forms were anyone's business. She agreed with conflicts of interestbeing disclosed, and not voting if a conflict existed, but thought it was nobody's business on what money you got from a client. Seese agreed with the budget going biennial, but did not feel the $63,000 electric service truck was needed. r Marianna Kehl, wanted exempting the community members from the State's financial disclosure forms to be added to the ballot to vote on this fall. She stated the Planning & Zoning Commission was having a difficult time recruiting members with the current requirements, and noted over half of the communities around the state had already opted out. Members were dissatisfied that these APOC forms may be found on line next year, and she didn't want to become a victim of identity theft. She thought people's client lists were proprietary information, thus hoped to put this on the ballot for a vote. Matt Gray, with Resurrection Bay Conservation Alliance (RBCA), announced the Resurrection Bay Watershed Workshop was being developed and was scheduled for May 7, 2008 at City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37 Page the IMS Rae building. The RBCA would like to include the citizens and get as much community involvement as possible. They were working together with the city, borough and flood board on responsible flood control regulations. Gray also mentioned the bear safe garbage cans would be available in April for $50 a piece. APPROVAL OF AGENDA AND CONSENT AGENDA Resolution 2008-020 and Resolution 2008-021 were pulled from the consent agenda A Report on Seward Youth Programs was pulled, and a report on the trip to Juneau by Vice -Mayor Dunham was added in its place. Scheduling a work session on the sales tax cap increase was added'to the agenda. Motion (Bardarson/Dunham) Approval of Agenda and Consent Agenda Motion Passed Unanimous Consent A Presentation To The Mural Society From The Legislature Was Given By Vice -Mayor Dunham. The clerk read the following approved consent agenda items: The March 6, 2008 Special City Council Meeting and March 10, 2008 Regular City Council Meeting Minutes were Approved. Non -Objection to the renewal of the Dispensary Tourism Liquor License for the Breeze Inn. Ordinance 2008-Q,Q4, Amending Seward City Code 6.10.325(A) And 6.10.135, Limiting City Business License Requirements To Successful Bidders/Proposers. (Was introduced and set for public hearing April 14, 2008) Resolution 2008-022, Accepting A Grant In The Amount Of $4,765.20 From The Alaska Highway Safety Office For 2008 Third And Fourth Quarter ASTEP Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds. Resolution 2008-023 Accepting A Grant In The Amount Of $3,898.80 From The Alaska Highway Safety Office For 2008 Third And Fourth Quarter ASTEP Driving Under The Seatbelt Enforcement Campaign And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards - None 2J2 City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page City Manager's Report. City Manager Phillip Oates stated Military Appreciation Fishing Day would be May 22, 2008, and the city would be donating funds to cover the passenger fees. The Seward International Friendship Association (SIFA) would be selecting four students and two adults for the exchange with Obihiro, Japan in the near future, so he advised the public to get their applications in. Oates stated a significant amount of money was available and he thought he had good support from legislators for cruise ship head tax projects. Oates and Dunham had met with the initiators of the cruise ship head tax, and they were pleased with Seward's list of projects. Oates stated SB 256 was on the way to the Governor which established PERS local government pay at 22%, which would be better for future budgeting. Since Seward was one of the only cities that had paid into PERS every year, the city should receive approximately $303,000 back from prior payments. Oates wanted to bring asbestos abatement, handicap access to city hall, voice over IP telephone system, funding shortfalls in building the Long Term Cate Facility, hospital and other projects to council as directed. Oates met with D.O.C. staff on how to structure the bonding and the agreement for the addition to Spring Creek Correctional Facility. Oates anticipated the Commissioner coming to Seward to sign the agreement, with construction beginning.in 2009. Oates would ask Marvin Yoder to give a presentation to the community on nuclear energy soon. He heard this was clean energy and possibly one of Seward's best alternate energy sources. Other items of interest were: ➢ Community Development. The, city was addressing the setback requirements in industrial zones, therefore an ordinance was being drafted changing the setback to 10 feet. ➢ Long -Term Care Facility. The'city received four proposals, and negotiations had been entered with one proposer. The information was still privileged until a notice of intent to award was issued. The next phase of the negotiations was beginning. ➢ Coal dust. Local citizens had complained to ADEC about coal dust. ADEC had issued another citation against the AKRR. ➢ Harbor. Swalling Construction would move forward with their project and would bill the city, which were agreed to be passed onto Skyline Steel. In response to questions by council, Oates stated Providence would have say on what equipment would go into the long-term care facility, but not on the actual construction. He stated any damage reports to operating equipment went through his office and was investigated. The snowblower was purchased from DOT for half the cost because it was beyond its useful life. Electric motors would be re -built and maintenance of the heavy equipment was very good. It was the city's goal to have water available year round to the boats in the harbor. City Attorney's Report. City Attorney Cheryl Brooking reported on a two month period. They continued to provide assistance on taxes, fees, contracts, resolutions, ordinances, land uses, proposed leases, environmental issues, and had worked with consultants on the Long -Term Care r.;, City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page Facility. She explained to the public, the latest information on the Clean Water Act litigation, or Trustees lawsuit. She summarized: • The City of Seward was sued by the Resurrection Bay Conservation Alliance, alleging the city was operating an industrial operation in both the small boat harbor and the SMIC uplands, therefore they needed a stormwater permit because of the runoff. ■ The U.S. District Court had issued an order. Both parties had filed motions. The City of Seward had filed a motion to clarify the findings. Oppositions to each side's motions were due March 19, 2008. ■ Operator's must have a runoff permit. The City contended the harbor marina area did not have any industrial operations and did not do any sort of vessel repair. The court found operating a travelift was sufficient and the City should keep ditches clean. ■ EPA testing showed nothing in Resurrection Bay. ■ The Court ordered the city to apply for permits, but no civil penalties were imposed, with both parties bearing their own costs and fees. ■ Both parties disagreed on who was the prevailing party, and the appellants were still asking for $76 million in penalties from the City of Seward. Brooking notified the public that all documents were available through the Federal District Court. Chamber of Commerce Report. Laura Cloward stated web hits continued to go up, pre - bookings looked good, and 1500 Seward Visitor Guides were leaving monthly. The Kenai Peninsula Regional Conference would be held in Seward, and was expecting 80 participants. Cloward noticed there would be 65 dockings and 10 ports of call this year and stated ambassador programs would be key. Cloward said dock enhancements provided fv other areas like employment and resources were needed to keep infrastructure. Cloward stated cruiseships represented far more than tourism. Seward Planning and Zoning Commission Report. Marianna Keil stated they were looking forward to their joint work session with the city council. She thought their biggest challenge was to strategixe on how to get more people to apply for the P&Z Commission. They would be looking at amending the land use plan -and rezoning of lots 20 and 21 and 22 in Clearview. They were saddened to lose Kevin Clark because of the invasive APOC forms. The Commission was enthusiastic about the community development team, and assisting in improving Seward. Other Reports, Special Presentations City Council took a two minute recess. An ISO Rating Report Was Given By David Squires. A Juneau Legislative Trip Report Was Given By Vice -Mayor Dunham. PUBLIC HEARINGS Ordinances Requiring A Public Hearing City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37, Page Ordinance 2008-003, Amending The Land Use Plan And Rezoning Of Lots 20, 21 And 22, Clearview Subdivision Number 6 From Two Family Residential (R2) To Auto Commercial (AC). Motion (Dunham/Bardarson) Enact Ordinance 2008-003 Oates stated this land was suitable for auto commercial. It was vacant land and could be considered contiguous to the other tract that CIRI owned. Single family homes were on the other side and one lot was undeveloped. It was supported by the P&Z commission 3-1. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Leirer, produced a map and described the ownership of the adjacent land. He stated a sewer line would have to be put in to develop the horse corral area in the future. Leirer thought it made a better boundary to rezone, and said it was one of the last tracts close to the harbor. CIRI was growing rapidly and needed to expand, and Leirer thought this :was a natural expansion, and would relieve parking congestion in the small boat harbor. Leirer thought auto commercial would develop more tax revenue than the R2 rating. Dan McDonald, General Manager for, Kenai Fjords Tours, was approached to seek land to expand since harbor parking was at a shortage which impacted other area businesses. He hoped if this resolution passed it would alleviate some of those harbor parking problems. He had asked the neighbors their opinions and since lie lived in the area, he would make it aesthetically pleasing. McDonald stated any additional property entry would have to go to the Planning & Zoning Commission. Jolund Luther, said he,;drove by this property all the time and did not encounter problems or traffic jams on that section. He did not think you could guarantee what would happen to the property in the future, Luther appreciated the idea to free up parking in the harbor area. Amberg questioned whether there would be a buffer between the area and the residential portion. Smith said one of the concerns keeping it residential was it would be hard to put in driveways on the corners. Motion Enacted Unanimous UNFINISHED BUSINESS Items Postponed From A Previous Agenda Council pulled the Updated December Budget Report. City of Seward, Alaska City Council Minutes March 24 2008 Volume 37, Page Motion (Smith/Amberg) Schedule A Work Session On The Budget Soon After The Audit. (This was not voted on, but noted by Administration.) NEW BUSINESS Ordinances for Introduction Non -Code Ordinance 2008-005, Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election To Exempt City Of Seward Municipal Elected And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes, (State Of Alaska Public Officials Financial Disclosure Law) Relating To Disclosure Statements And Conflicts Of Interest, And Establishing Local Guidelines. Motion (Bardarson/Amberg) introduce Non -Code Ordinance 2008-005 And Sett For A Public Hearing On April 14, 2008. It appeared all council members wished.to pass this, but realized there would be a need to educate the public. Children's information was on the APOC form, and it was thought that if a person wanted to be dishonest, they would, regardless of this form. Smith thought a range may be better than a dollar amount. He mentioned the Kodiak form example was less intrusive. Motion Passed Unanimous Consent Resolutions Resolut�'on 2008-020, Amending The City Of Seward's Calendar Year 2008 State Legislative Priorities Motion (Bardarson/Dunham) Approve Resolution 2008-020 Oates said the legislators asked for a wider menu of projects to use with the cruise ship head tax on general obligation (GO) bond transportation projects and general fund projects. Mayor Corbridge thought to fail this resolution would just limit the city to funding. Dunham said it was unknown when the legislature would make an insert and felt this gave Seward a broader base. Valdatta wanted SMIC included, and thought the Goldbelt area could be used as an n; 11, ,.,.1 j City of'Seward, Alaska City Council Minutes March 24, 2008 Volume 37 Pa e emergency. Oates stated SMIC was listed on the city's federal priority list and a grant for improvements was included. The waterfront pavilion was put back in by the legislature because it was on the Governors veto list from last year. Bardarson wondered if the water tank could be included with the cruise ship head tax projects because of the water shortage created by their demand. Oates and Dunham thought that was an excellent idea. Motion Passed Unanimous Resolution 2008-021, Approving A Contract To Harmon Construction, Inc., For The Fabrication And Installation Of The Hoben Park Historic Replica Fountain. Motion (Dunham/Amberg) Approve Resolution 2008-021 Amendment (Bardarson/Dunham) In Section 1, After The Word Meeting, Insert "Amended To Provide Specifics As To Insurance Requirements," Into The Original Sentence. Amendment Passed Unanimous Main Motion Passed as Amended Unanimous Resolution 2008-024. Authorizing The City, Manager To Enter Into An Agreement With Worthington Ford, For The Purchase Of A 2008 F-550 4x4 Service Truck, For An Amount Not -To -Exceed $63^.00. Motion,(Bardarson/Smith) Approve Resolution 2008-024 Oates stated this vehicle was needed and one was available that met the city requirements for around $53,000. The old truck needed at least $8,000 in repairs right now. V aldatta did -not want the added extras. He thought a winch or block heater would be good to have, but wanted $14,000 of extras taken off of the vehicle. Oates stated some of these vehicles had more bells and whistles than they would normally ask for, but that was what was available. Amberg thought way too many vehicles were being purchased and wanted a study done before any more equipment and vehicles were purchased. She thought $8,000 of repairs was better than spending $53,000. '�7 City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37 Page Bardarson wanted the expert to look at the fleet and wanted to wait until after the fleet examination. Dunham asked if the money was approved in the budget. He saw another gas hog. Motion Failed Yes: Valdatta No: Bardarson, Smith, Dunham, Amberg, Corbridge Resolution 2008-025, Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election Which Shall Amend The Seward City Charter, Section 5.4 (D), Section 6.2 And 6.3 To Require A Biennial Budget Cycle. Motion (Bardarson/Amberg) Approve Resolution 2008-025 Oates stated 67% of the voters failed this in the October 2006 election. He felt one of the reasons was no outreach by the City, and uncertainty with the PERS unfunded liability issues. Oates noted some benefits to a biennial budget. ➢ More efficient process because it is conducted. once every two years, and allows staff and council in the off year to address issues that would lead. to better planning for the budget. ➢ City tax rate and fees would be established for a two year period, thus giving more certainty to the public on what their taxes and fees would be. ➢ Would be able to improve focus on long-term financial and capital planning. ➢ Off year budget year would provide opportunities to focus on adequacy of specific city rates and fees for enterprise funds, taxes and services, instead of tackling all simultaneously. Annual reviews would be required, but adequate time was needed to spend on the issues. Bardarson definitely, thought going to a two year cycle was an efficiency measure and wanted the public to be assured there would be oversight. Smith thought two year budget cycles were better. He wondered if there were any costs associated with this. Oates statedthecosts to the city were minimal. The biggest downside was taking risk on revenue collections if they were changed during the process. Oates explained budget authorization and appropriations were two separate issues which gave the public the necessary oversight. Finance Director Kristin Erchinger stated a two-year budget was crafted simultaneously in anticipation of the 2006 election, so everything was in place to craft a two-year budget. There would be extra work, but no additional dollar cost. Recent state budget changes would help giving more certainty of what is expected at a local level City of Seward, Alaska City Council Minutes March 24, 2008 Volume 37 Page Smith stated revenue projection was the only issue in these hard times. Erchinger thought a fall back plan would have to be incorporated, or a cushion fund established for the flexibility in funding and building reserves. Motion Passed Unanimous A Work Session On The Sales Tax Cap Was Scheduled For May 5, 2008 At 7:00 P.M. INFORMATIONAL ITEMS AND REPORTS (No action required) Providence Seward Medical Center Financial Report for January 2008. COUNCIL COMMENTS Bardarson encouraged the public to participate in'the Obihiro Japan exchange. Dunham wanted a resolution for the Ocean Sciences Bowl. He also wondered about incentives to draw movie crews to Seward for filming, and asked if there would be Homeland Security concerns with that. He pointed out that Seward's sales tax was not the reason things were so expensive. Dunham pointed out Seward was just a penny off from`Soldoma, and it was not the city's fault fuel prices were so expensive. Amberg hoped Ms. Kellar would recover from the flu soon. Smith wanted to get younger people to volunteer. He thought it was tough getting them to step up to the plate. CITIZENS' COMMENTS =< Sharyl Seese, was happy to see a work session scheduled on the sales tax cap increase and also happy with the possibility of having a biennial budget. She really thought it would be wonderful to change the meetings to 7:00 p.m. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None EXECUTIVE SESSION Motion (Bardarson/Amberg) Go Into Executive Session For The City Attorney Evaluation. Motion Passed Unanimous Council went into Executive Session at 10:37 p.m. Council came out of Executive Session at 10:55 p.m. City of Seward, Alaska City Council Minutes March 24 2008 Volume 37, Page ADJOURNMENT The meeting was adjourned at 10:56 p.m. Jean Lewis, CMC City Clerk (City Seal) Clark Corbridge Mayor 300 City of Seward, Alaska Monthly Budget Report For the Month ended March 31, 2008 We are pleased to provide this Preliminary budget report for the month ended March, 2008. The intent of this report is to improve the transparency of financial and budgetary reporting for the City, and to present information in a format that combines narrative and graphical elements, to make it easier to understand. The report includes the following components: 1) the narrative report explains the highlights of financial results for the General Fund; 2) cash balances in all City funds; and 3) risk area assessment. This monthly report includes data for the City's General Fund and the Harbor, SMIC, Electric, Water, Wastewater, and Parking Enterprise Funds. It excludes the preliminary list of unbudgeted operational needs, since we have reached the end of the year, as well as the list of supplemental appropriations. We welcome comments from the City Council or the public as to how we may improve this document to make it more useful for timely decision making. This report contains information on the major sources of revenue for the General Fund, with a focus on providing historical perspective on the timing of revenues and the City's typical revenue cycle. Revenues are compared on a monthly basis over four years. Revenues are then compared according to major revenue category (taxes, licenses/permits, intergovernmental, charges for services, and miscellaneous) across years, to see whether major revenue sources are increasing or decreasing. And finally, year-to-date revenues are examined to predict whether we can expect to meet budgeted revenue goals. An analysis of expenditures demonstrates the typical pattern of spending during the year. For example, debt service payments are generally made semi-annually (June and October), snow removal costs are higher in the winter, and campgrounds gear up in the Spring. In this analysis, expenditures are compared on a monthly basis, and then by category, showing the trend in costs for each major category (salary, benefits, purchased services, supplies/maintenance, general and administrative, capital and debt, and other). Finally, a table is provided which shows the extent to which each General Fund department is tracking with budgetary projections. The City's annual financial audit concluded on April 4, 2008. Staff is working to complete the final annual financial report for year -ended December 31, 2007, which will be presented to the City Council at a regular meeting within 30 days of completion of the audit. This year's audit is entailed significantly more work associated with documenting, reviewing, monitoring, and reporting on the City's internal control framework, and this is expected to be an area of focus in discussions with the City Council upon completion of the audit. If you have questions or require additional information, please feel free to contact finance director Kristin Erchinger at (907)224-4064, or by e-mail at kerchinger@cityofseward.net. 30*L 10,000 9,000 8,000 7,000 6,000 °c 5,000 F- 4,000 3,000 2,000 1,000 GENERAL FUND Analysis of All Revenue Sources Graph 1: Revenue Comparison by Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec LO 2004 0 2005 ■ 2006 ® 2007 0 2008 This graph presents the monthly distribution of all revenues of the General Fund, which includes Taxes, Charges for Services, Intergovernmental, Licenses/Permits, and Miscellaneous. The graph highlights the revenue cycle of the General Fund and demonstrates that the majority of General Fund revenues are collected in the second half of the year. This graph below shows the amount of revenues collected through this same period over the past five years, compared to this year. At this point in 2008, revenues are lower than in prior year: Graph 2 - Collections through March as % of Annual Total "Thousands 12.4% !N■E■ 2003 2004 2005 2006 2007 2008 Receipts thru March ❑ Post -March Revenue 19 Remaining Budget ❑ March as % of Annual total The following graph aggregates revenues into primary categories. This graph reflects revenues through March for the current year and four prior years. General Fund revenues come primarily 2 from Taxes, Charges for Services, and Intergovernmental Revenues, in that order. This graph shows that through March, revenues are higher in 2008 than in the prior year for taxes and intergovernmental revenues, and lower for licenses/permits, charges for services, and miscellaneous. 500 450 400 350 0 300 F 250 200 150 100 50 Graph 3 - Revenue Comparison by Category - Through March Taxes License/Permits Intergovernment Charges for Misc. Services ■ 2003 2004 0 2005 ■ 2006 R 2007 ■ 2008 Ij GENERAL FUND Analysis of Expenditures The graph below depicts the typical spending pattern of the General Fund. Spending in the General Fund is fairly equally distributed across the year, although slightly less in the early months of the year. Expenditures tend to rise toward the summer with the ramping up of campground operations, and then again at year-end due to snow removal operations. Graph 4 shows that in comparison to the prior year, costs are lower in 2008 than over the same period in 2007: 112 10,000 8,000 ro 0 s 6,000 F• 2,000 Graph 4: Expenditure Comparison (by Month) Through March Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 2004 0 2005 0 2006 ® 2007 13 2008 Graph 5 below shows that compared with 2007, costs are higher in nearly all categories through March, with the exception of debt service, and that has to do with the timing of debt service payments coming later in 2008 than in 2007. 1,000 900 ti 800 700 0 600 H 500 400 300 200 100 Graph 5 - Expenditure Comparison (by Category) Through March Salaries Benefits Purchased Supplies & General & Capital & Debt Services Maint. Adman. ■ 2003 2004 ■ 2005 0 2006 s 2007 0 2008 City of Seward FUND: 101 - General Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired ---------------------------------------------------------------- THROUGH MARCH ANNUAL Actual YTD Budget --------------------- Annual % of Account Name 2006 2007 Variance Budget Variance Budget Annual Bud General Property $ 11,621 $ 23,700 $ 12,080 $ 233,385 $ (209,684) $ 933,538 2.54 Sales Tax Revenue 427,998 447,155 19,157 1,031,977 (584,822) 4,127,907 10.83 Other Taxes 13,159 - (13,159) 134,677 (134,677) 538,708 - Penalties and int 342 462 120 500 (38) 2,000 23.11 Licenses & Permit 39,555 24,550 (15,004) 47,738 (23,187) 190,930 12.86 P.I.L.T. 3,189 - (31189) 7,500 (7,500) 30,000 - Intrgvrmmntl Reve 100,887 144,708 43,821 230,007 (85,299) 920,027 15.73 GF Grant Revenue - 2,980 2,980 - 2,980 - - General Governmen 353,575 22,209 (331,366) 400,001 (377,792) 1,600,003 1.39 Public Safely 3, 150 2, 658 (492) 3,200 (542) 12, 800 20.76 Public Works 14,274 - (14,274) 5,000 (5,000) 20,000 - Recreation 21,726 30,959 9,232 183,901 (152,943) 735,605 4.21 Library 1, 663 2,758 1,095 2, 050 7CB 8,200 33.63 Fines 2, 777 4, 508 1,731 5, 000 (492) 20,000 22.54 OF Interest Reven 37,379 43,124 5,745 63,000 (19,876) 252,000 17.11 Rents and Royalti 10,525 6,434 (4,091) 21,198 (14,965) 84,793 7.59 Sales Fixed Asset - - - 1,250 (1,250) 5,000 - Other Misc Revenu 14,326 9,265 (5,062) 17,913 (8,648) 71,650 12.93 Misc. Operating R 16 - (16) 625 (625) 2,500 - Total Revenue $ 1,056,162 $ 765,469 $ (290,692) $ 2,388,920 $(1,623,451) $ 9,555,681 B.01 % City of Seward FUND: 101 - General Fund Revenue and Expenditures by Category Through March, 25% of year has expired THROUGH MARCH Account 2006-07 Y'ID Y Name _______________---- 2003 _________ 2004 _________ 2005 __________ 2006 --------- _________ 2007 Variance __________ Budget -----_____ _ REVENUES: 'Faxes 362,349 430,238 415,039 456,308 471,318 15,010 4,338,115 Lic. & permits 72,238 42,055 34,536 39,555 24,550 (15,004) 143,213 I ntergovrmmntl Revnu 136,104 115,294 107,048 100,887 147,688 46,001 567,512 charges for Services 311,159 422,667 474,211 404,913 65,017 (339,897) 2,027,342 Fines & bails 5,326 3,B79 1,230 2,777 4,508 1,731 15,000 Penalties & Interest 25,131 36,038 34,610 37,379 43,124 5,745 169,000 Misc. 14,778 16,201 13,521 14,342 9,265 (5,078) __________ 55,613 __________ _ TOTAL REVENUES _________ 927,086 --------- 1,066,371 __________ 1,080,196 --------- _________ 1,056,162 765,469 (290,692) 7,335,793 , EXPENSES: Personnel Salaries 655,141 627, 128 681, 944 870, 284 894,716 24, 432 888, 075 Employee benefits 297,712 319,505 370,985 527,028 588,577 61,549 54B,362 Purchased Services 274,386 321,212 291,636 320,310 352,523 32,213 325,033 Supplies & Mainten, 115,425 95,314 134,105 125,774 122,038 (3,735) 177,584 General & Administ. 142,949 146,247 143,253 132,B66 173,139 45,273 250,479 Interest Expense (1,196) - - 21,866 - (21,866) 24,083 Surplus sales - - - - - - 3,750 capital Outlay 92,194 97,922 94, 903 90, 092 5, 279 (84,813) 1271309 Debt Svc - Principal - - - 112,836 --------- - _________ (112,838) __________ 37,488 -__. -__-_ _ TOTAL EXPENSES .___ 1,576,610 --------- 1,607,328 __________ 1,716,824 2,201,059 2,141,273 (59,786) 2,374,662 1: 6 City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired ----------------------------._---------------------------------- THROUGH MARCH ANNUAL Actual YTD Budget -----------_------_-_ Annual & of Account Name 2006 2007 Variance Budget Variance Budget Annual Bud Salaries $ 806,216 $ 812,150 $ 5,935 $ 857,649 $ (45,498) $ 3,430,59E 23.67 % Overtime 60,739 78,929 18,191 28,607 50,322 114,426 68.98 Standby Time 3,330 3,636 307 1,819 1,818 7,275 49.99 Unemployment Wage 3,134 - (3,134) 2,583 (2,583) 10,333 - Leave Time 93,426 80,388 (13,038) B3,982 (3,594) 335,928 23.93 In Lieu of FICA 6,433 5,260 (174) 1, 729 4,531 6, 914 90.54 Retirement Benefi 159,344 234,874 75,530 187,444 47,430 749,776 31.33 Health Insurance 216,709 227,372 10,662 230,547 (3,175) 922,188 24.66 Workers' Camp 30,837 23,148 (7,689) 24,040 (893) 96,161 24.07 Medicare 17,145 16,536 (610) 18,037 (1,502) 72,149 22.92 Total Persnl Sery 1,397, 313 1,483,293 85,981 1,436,437 46, 856 5, 745,747 25.82 Audit - - - 11,500 (11,500) 46,000 - Advertising 3,199 3,911 711 9,383 (5,472) 37,532 10.42 Subscriptions/Due 5,726 5,504 (222) 7,405 (1,901) 29,620 18.58 Travel/Subsistenc 25,298 19,777 (5,521) 28,541 (8,764) 114,165 17.32 Communications 13,533 13,004 (530) 17,36E (4,364) 69,471 18.72 Education/Trainin 4,178 9,137 4,959 12,163 (3,025) 48,650 18.78 Legal 27,328 13,973 (13,355) 33,750 (19,777) 135,000 10.35 Other Spec Servic 1,348 1,430 62 65,600 (64,170) 262,400 0.54 Utilities 63,55C 73,263 9,714 79,163 (5,899) 316,650 23.14 Heating Fuel 10,931 12,786 1,855 13,050 (264) 52,200 24.49 Rents & Leases 29,633 34,341 4,708 14,345 19,996 57,360 59.B5 Insurance 91,536 122,497 30,962 57,165 65,323 228,659 53.57 Maintenance & Rep 42,670 45,330 2,660 54,905 (9,575) 219,619 20.64 Contracted Servic 46,116 48,663 2,547 70,820 (22,157) 283,280 17.18 Library Bks.& Mat 3,477 2,561 (816) 6,625 (3,964) 26,500 10.04 vehicle Supplies 193 3,954 3,761 2,175 1,779 8,700 45.45 Uniform Allowance 151 12 (139) 1,825 (1,813) 7,300 0.16 Operating Supplie 35,014 24,478 (1D,536) 65,270 (40,792) 261,081 9.38 Gas & tube 23, 790 32,763 8, 973 16, 300 16,463 65, 200 50.25 Equip,Furn,Toois 18,95E 10,031 (8,924) 21,894 (11,863) 87,575 11.45 Safety Equip/Supp 403 1,736 1,333 6,628 (4,992) 26,510 6.55 Janitorial Suppli 1,121 1,074 (47) 1,963 (888) 7,650 13.69 inmate Meals 807 1,069 262 3,750 (2,681) 15,000 7.13 Postage/Misc.Frei 8,551 4,333 (4,217) 10,241 (5,908) 40,964 10.58 Equipment Rental 2,628 4,853 2,025 21,738 (16,885) 86,95C 5.58 Motor Pool Rent 90,092 - (90,092) 90,788 (90,788) 363,150 - Sister City Progr - - - 875 (875) 3,500 - Municipal Lobby F 42,667 42,667 - 35,000 7,667 140,000 30.46 Contributions 49,500 94,443 44,943 43,271 51,171 173,D85 54.56 Bad Debt Expense - 1,099 1,099 - 1,099 - - Genl Govt Admin F 18,609 - (18,609) 18,02E (18,025) 72,100 - Contingency - 250 250 6,700 (61450) 26,800 0.93 0-7 City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired ---------------------------------------------------------------- THROUGH MARCH Actual YTD Budget Account Name ----------------- 2006 2007 Variance Budget Variance Elections ---------- $ - ---------- $ - --------- $ - $ ----- — --- 875 --------- $ (875) $ Promotion - 35 35 1,276 (1,241) Vol Fireman Stipe 4,000 2,833 (1,167) 4,250 (1,417) Credit card fees 921 356 (565) 1,325 (969) Misc. Expenses 899 20,439 19,540 6,310 14,129 Principal 112,838 - (112,838) 37,488 (37,488) Interest Expense 21,866 - (21,866) 24,083 (24,083) Buildings - - - 17,750 (17,750) Capital Equipment - 5,279 5,279 16,771 (13,492) Misc. Programs 2,020 - (2,020) 1,625 (1,625) Total Expenses $ 2,201,059 $ 2,141,273 $ (59,786) $ 2,378,412 $ (237,139) $ ANNUAL --------------------- Annual % of Budget Annual Bud 3,500 - 6 5, 104 0.69 17,000 16.67 5,300 6.71 25,240 80.98 149,951 - 96,331 71,000 - 75,085 7.03 6, 500 9,513,649 22.51 % City of Seward FUND: 401 - Small Boat Harbor Enterprise Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired THROUGH MARCH ---------------------------------------------------------------- Actual YTD Budget Account Name 2006 2007 Variance Budget Variance ----------------- ---------- EF Interest Reven $ ---------- 24,560 $ 1,165 --------- $ (23,395) $ ---------- 9,500 $ --------- (8,335) $ Other Misc Revenu 2,217 (113) (2,330) 375 (488) Amortization of C 127,733 - (127,733) 160,236 (160,236) Transient Moorage 41,686 26,626 (15,061) 97,125 (70,499) Moorage 405,440 241,534 (163,905) 23C,475 11,059 Boat Lift Fees 1,913 - (1,913) 22,313 (22,313) Wharfage 1,941 483 (1,459) 5,250 (4,767) Land Rents S Leas 73,171 5,000 (68,171) 86,082 (81,082) Labor and Service 350 633 283 1,000 (368) Land Lease Credit - (2,129) (2,128) (12,883) 10,755 Misc. Harbor Reve 3,117 3,198 81 21,413 (18,214) Harbor Power Sale 63,936 61,045 (2,891) 57,500 3,545 ---------- Total Revenue $ --------- 746,065 $ 337,443 --------- ---------- $ (4C8,622) $ 678,385 $ --------- (340,942) $ ANNUAL --------------------- Annual % of Budget ---------- Annual Bud 38,000 ------- 3.07 % 11500 (7.50) 640,942 388,500 6.85 921,900 26.20 89,250 - 21, 000 2.30 344,329 1.45 4,000 15.B1 (51,533) as, 650 3.73 230,000 26.54 ---------- 2,713,538 ------- 12.44 City of Seward FUND: 401 - Small Boat Harbor Enterprise Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired ________________________________________________ THROUGH MARCH ANNUAL Actual YTD Budget Annual % of Account Name _________________ 2006 __________ __________ 2007 Variance _________ Budget Variance Budget Annual Bud Salaries $ 98,164 $ 103,564 $ 5,400 $ _____ 110,395 $ (6,831) $ 441,579 23.45 % Overtime 5,845 7,910 2,065 9,855 (1,945) 39,420 20.07 Standby Time 31015 3,133 118 2,696 437 10,783 29.05 Unemployment Wage 42 - (42) - _ - - Leave Time 12,494 10,322 (2,172) 12,091 (1,769) 48,364 21.34 In Lieu of FICA 2,117 2,487 370 988 1,499 3,950 62.96 Retirement Benefi 20,650 32,138 11,488 42,570 (10,432) 170,260 18.87 Health Insurance 26,026 31,496 5,470 34,199 (2,703) 136,796 23.02 Workers' Comp 7,304 5,926 (1,378) 5,762 164 23,048 25.71 Medicare 1,676 2,040 364 1,5B0 460 6,320 32.28 Total Persnl Sery 177,334 199,016 21,682 220,135 ____ (21,119) __________ 880,540 ------- 22.60 Advertising - 1,156 1,156 1,375 (219) 51500 21.03 Subscriptions/Due 94 - (94) 375 (375) 1,500 - Travel/Subsistent 969 822 (147) 1,625 (803) 6,500 12.64 Communications 2,158 2,001 (158) 3,250 (1,249) 13,000 15.39 Education/Trainin 650 79 (571) 1,000 (921) 4,000 1.98 Legal 4,653 532 (4,122) 5,500 (4,968) 22,000 2.42 IlLi1ities 7,905 21,790 13, 885 16, 625 5,165 66, 500 32.77 Power for Resale 52,844 42,671 (10,173) 37,500 5,171 150,000 28.45 Heating Fuel 873 1,893 1,020 1,938 (45) 7,750 24.42 insurance 44, 847 51, 192 6,345 24, 625 26, 567 98, 500 31.911 Maintenance & Rep 2,217 14,267 12,050 8,175 6,092 32,700 43.63 Contracted Servic 7,579 6,345 (1,234) 17,600 (11,255) 70,400 9.01 Operating Supplie 3,952 4,466 514 7,863 (3,396) 31,450 14.20 Gas & Lube 5,671 4,344 (1,327) 4,125 219 16,500 26.33 Equip,Furn,Tools 158 1,842 1,684 6,000 (4,158) 24,000 7.67 Safety Equip/Supp 201 195 (6) 1,313 (11118) 5,250 3.71 Janitorial Suppli 156 213 57 1,700 (1,487) 6,800 3.13 Postage/Misc.Frei 1,426 2,074 648 2,900 (B26) 11,600 17.88 Equipment Rental - - - 500 (500) 2,000 - Motor POO1 Rent 9,011 - (91011) 12,761 (12,761) 51,043 - Bonding Expense (3,000) - 3,000 - - - - Depreciation Expe 246,221 - (246,221) 313,500 (313,500) 1,253,999 - Bad Debt Expense - - - 5,113 (5,113) 20,450 - Harbor Overhead 255,602 - (255,802) 280,652 (280,652) 1,122,607 - Harbor Allocation (223,082) 223,082 (240,110) 240,110 (960,439) - P.I.L.T. 41,370 - (41,370) 34,496 (34,486) 137,944 - Reclass PILT to T (41,370) - 41,370 (34,486) 34,486 (137,944) - Credit card fees 4,006 1,403 (2,603) 3150D (2,097) 14,000 10.02 Misc. Expenses 297 1,208 911 500 708 2,000 60.39 Principal 17,107 18,048 941 85,762 (67,714) 343,048 5.26 Interest Expense 138,214 - (138,214) 96,344 (96,344) 385,376 - Total Expenses $ 758,262 $ 375,556 $ (382,706)$ 922,144 $ (546,588) $ 3,688,574 10.18 W r% d 0 City of Seward FUND: 403 - Parking Enterprise Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired THROUGH MARCH ------------------------------------------------------------- Actual YTD --- Budget Account Name 2006 2007 Variance Budget Variance ------------------------ Parking Fees $ -------- -------- - $ - $ - $ -------- 65,705 -------- $ (65,705) $ EF Interest Reven 1,706 - (1,706) 1,500 (1,500) ---------- Total Revenue $ - —------- --------- 1,706 $ - $ (1,706) $ ---------- 67,205 --------- $ (67,205) $ ANNUAL ------------------ Annual % of Budget Annual Bud ---------- ----- — 262,820 % 6, 000 ---------- ------- 268,820 % City of Seward FUND: 403 - Parking Enterprise Fund Line Item Expenditure summary by Fund Through March, 25% of year has expired ---------------------------------------------------------------- THROUGH MARCH ANNUAL Actual YTD Budget ------------ _----__-_ Annual % of Account Name 2006 2007 Variance Budget Variance Budget Annual Bud Salaries $ - $ 232 $ 232 $ 21,947 $ (21,715) $ 87, 738 0.26 % Unemployment Wage 2,759 - (2,759) 1,625 (1,625) 6,500 - Workers' Comp - 12 12 206 (194) 825 1.51 Medicare ---------- - ---------- 18 18 1,679 (11661) 6,716 0.26 Total Persnl Sery 2,759 262 --------- (2,497) ---------- 25,457 -------- ---------- (25,195) 101,829 ------- 0.26 Advertising - - - 375 (375) 1,50() - Travel/Subsistenc - - - 525 (525) 2,100 - Communications 48 34 (14) 300 (266) 1, 200 2.84 Legal - - - 125 (125) 500 - other Spec Servic - - 375 (375) 1,500 - Utilities - - - 144 (144) 575 - Rents & Leases - - - 250 (250) 11000 - Insurance 1,437 1,752 315 875 877 3,500 50.04 Maintenance & Rep - - - 1,250 (1,250) 5,000 - Vehicle Supplies - - - 125 (125; 500 - Operating Supplie - 1,313 1,313 1,750 (437) '7, 000 18.76 Gas & Lube - - - 275 (275) 1,100 - Equip,Furn,Too1S - - - 56 (56) 225 - Safety Equip/Supp - - - 125 (125) Soo - Postage/Misc.Frei - 46 46 250 (204) 1,000 4.60 Motor Pool Rent 3, 250 - (3,250) 3, 250 (3,250) 13, 000 - Depreciation Expe 1,552 - (1,552) - - - _ Genl Govt Admin F 1,929 - (1,929) 2, 021 (2,021) 8,082 - P.I.L.T. - - - 3,256 (3,256) 13,025 - Reclass PILT to T - - - (3,256) 3,256 (13,025) - Misc. Expenses - - - 50 (50) 200 - Infrastructure Cc ___- - --- - - 57,500 (57,500) 230,000 - Total Expenses $ ---------- 10,976 $ 3,407 --------- ---------- $ (7,569) $ --_-_-- 95,078 $ - ---------- (91,671) $ 380,311 ------- 0.90 % City of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired THROUGH MARCH ANNUAL Actual YTD Budget Annual % of Account Name 2006 2007 Variance Budget Variance Budget Annual Bud EF Interest Reven $ 27 $ - $ (27) $ - $ - $ - - Amortization of C 130,886 - (130,886) 137,186 (137,186) 548,743 - Moorage 325 93 (232) 1,375 (1,282) 5,500 1.69 Boat Lift Fees 18, 825 11901 (16, 925) 27, 500 (25, 600) 110, O00 1.73 Storage Fees 23,881 16,050 (7,832) 25,000 (8,950) 100,000 16.05 Wharfage 27 - (27) 1,625 (11625) 6,5D0 - Land Rents & Leas 17,926 - (17,926) 17,447 (17,447) 69,786 - Labor and Service - - - 125 (125) 500 - Misc. Harbor Reve - 654 854 - 854 - - Harbor Power Sale 4,248 61153 1,905 2,500 3,653 10,00D 61.53 ---------- Total Revenue $ ---------- 196,145 $ 25,050 _________ $ (171,095) $ -- ------ 212,757 __. ______ $ (187,707) $ 651,D29 ------- 2.94 % city of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Expenditure Summary by Fund Through March, 256 of year has expired THROUGH MARCH ANNUAL -------------------------------------- - --- Actual ------------ YTD - ------ -----___-___--------- Budget Annual % of Account Name 2006 2007 Variance Budget Variance Budget Annual ------- Bud -----_---__ ---- ---------- Salaries $ ---------- 17,290 $ 15,937 --------- -- $ (1,353) $ - ------ 13,037 $ --------- ------- 2,901 $ -_ 52,146 30.56 % Overtime 2,634 146 (2,488) 891 (745) 3,565 4.10 Standby Time - 35 35 - 35 - - Leave Time 1,736 1,561 (175) 11300 261 5,200 30.02 Retirement Benefi 3,742 2,338 (1,403) 786 1,552 3,143 74.39 Health Insurance 5,192 4,548 (644) 3,652 897 14,607 31.14 Workers' Comp 1,984 1,292 (691) 1,070 223 4,278 30.21 Medicare 287 218 (69) 203 15 -- ---------- 810 26.90 ------- - Total Persnl Sery ----`------------- 32,863 26,076 --------- ---------- (6,787) 20,937 -- ---- 5,139 83,749 31.14 Communications 3 2 (1) - 2 - - Legal 1,350 323 (1,027) 2, 500 (2,177) 10, c0o 3.23 Utilities 2,812 2,916 105 2,750 166 11,000 26.51 Power for Resale 5,781 9,767 3,986 3,750 6,017 15,000 65.11 Heating Fuel 399 1,009 610 2,000 (991) 8,000 12.61 Insurance 9,730 9, 347 (383) 4,450 4,897 17, 800 52.51 Maintenance & Rep 528 882 354 81500 (7,618) 34,000 2.59 Contracted Servic - 392 392 10,500 (10,108) 42,000 0.93 Operating Supplie 50 60 10 1,375 (1,315) 5,500 1.09 Gas & Lube 2,065 2,845 780 1,038 1,908 4,150 63.56 Equip,Furn,Tools - - - 625 (625) 2,500 - Postage/Misc.Frei - - - 1,125 (1,125) 4,500 - Depreciation Expe 160,659 - (160,659) 160,659 (160,659) 642,635 - Bad Debt Expense 7,842 - (7,842) - - Harbor Overhead 65,844 - (65,844) 30,863 (80,863) 323,450 - Harbor Allocation (17,008) - 17,008 (30,929) 30,929 (123,717) - P.I.L.T. 3,784 - (3,794) 4,650 (4,650) 18,6co - Reclass PILT to T (3,764) - 3,784 (4,65c) 4,650 (18,600) - Principal - - - 13,282 (13,282) 53,127 - Interest Expense - - - 1,675 (1,675) 6,700 - AmcrtDefLoss932on 38,425 - (38,425) - - - Amort.BondIssueCo 2,410 - (2,410) - - --- - ---- - ---- ------- ---------- Total Expenses $ ---------- 313,754 $ 53,620 --------- $ (260,134) $ ---------- 285,099 $ (231,478) $ 1,140,394 4.70 % v14 City of Seward FUND: 501 - Electric Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired THROUGH MARCH ANNUAL ---------------------------------------------------------------- Actual YTD Budget --------------------- Annual % of Account Name 2006 2007 variance Budget variance Budget Annual Bud --- - - - -------- Assessment Revenu ---------- $ 605 ---------- $ 424 --------- $ (180) $ ---------- 1,044 --- - ---- $ (620) $ ---------- 4,176 ------- 10.16 % EF Interest Reven 40,334 11,265 (29,069) 52,500 (41,235) 210,000 5.36 Amortization of C 202,486 - (202,48B) 203,636 (203,636) 814,543 - Amort.Bond Premiu 7,227 - (7,227) - - - - Residential Sales 723,110 719,038 (4,072) 680,878 38,159 2,723,513 26.40 SG Service 338,661 343,395 4,733 379,077 (35,682) 1,516,306 22.65 LG Service Sales B20,250 771.,360 (48,890) 877,955 (106,595) 3,511,821 21.96 Industrial Sales 154,416 170,148 15,730 162,500 7,648 650,000 26.16 Harbor Power Sale 57,386 64,993 7,607 47,700 17,293 190,800 34.06 Street & Yard Lig 20,467 18,488 (1,979) 18,500 (12) 74,000 24.98 Misc. Operating R 2,280 1,780 (500) 37,375 (35,595) 149,500 1.19 Total Revenue ---------- $ 2,367,226 ---------- $ 2,100,891 --------- $ (266,334) $ ---------- 2,461,165 --------- $ (360,273) $ ---------- 9,844,659 ------ 21.34 4 v City of Seward FUND: 501 - Electric Fund Line Item Expenditure Summary by Fund Through March, 25t of year has expired THROUGH MARCH ANNUAL Actual YTD Budget Annual % of Account Name 20D6 2007 Variance Budget Variance Budget Annual Bud Salaries $ 128,523 $ 158,433 $ 29,910 $ 177,737 $ (19,303) $ 710,947 22.28 & Overtime 27,618 8,146 (19,472) 11,705 (3,55B) 46,819 17.40 Standby Time 20,030 20,716 6B6 19,208 1,509 76,830 26.96 Electric Meal All 2,656 - (2,656) 1,500 (1,500) 5,999 - Unemployment Wage 3,839 - (3,B39) 11250 (1,250) 5, D00 - Leave Time 11,257 13,466 2,209 18,057 (4,590) 72,226 18,64 Retirement Benefi 19,404 24,625 5,220 36,850 (12,225) 147,401 16.71 Health Insurance 26,341 29,238 2,89E 34,788 (5,550) 139,152 21.01 Workers' Comp 10,747 11,389 642 13,789 (2,399) 55,154 20.65 Medicare 4,681 4, 253 (428) 3,361 892 13,445 31.63 Union Benefits 4,473 4,128 (345) 51000 (872) 20,000 20.64 Sal.& Ben.w/o ore - - - (25,000) 25,000 (100,000) - Total Persnl Sery 259,570 274,396 14,826 298,243 (23,848) 1,192,973 23.00 Advertising 95 368 274 1, 250 (882) 5, 000 7.36 Subscriptions/Due 1B,512 18,647 135 7,006 11,641 2B4O23 66.54 Travel/Subsiscenc 13,900 9,324 (4,576) 18,125 (8,801) 72,500 12.B6 Communications 3,766 2,437 672 2,538 (100) 10,150 24.01 Education/Trainin 2,459 1, 005 (1,454) 51063 (4, 058) 20,250 4.96 Legal 35, 974 2,090 (33,885) 12, 500 (10,410) 50, OCO 4.16 Other Spec Servic 2, 500 6,667 4,167 2, 500 4, 167 10, 000 66.67 Utilities 9,409 16,252 6,843 13,675 2, 577 54,'700 29.71 Power for Resale 604,589 755,174 (49,415) 1,023,285 (268,111) 4,093,141 18.45 Heating Fuel 1,312 1,934 622 1,181 753 4,725 40.93 Fuel for Generato 21,234 20,429 (805) 16,250 4,179 65,D00 31.43 Rents & Leases 5,722 13,853 B,131 17,888 (4,035) 71,550 19.36 Insurance 30,806 35,813 5,007 17,240 18,573 68,96C 51.93 Maintenance & Rep 19,897 864 (19,033) 38,438 (37,573) 153,750 0.36 Contracted Servic 10,419 7,588 (2,832) 36,075 (28,488) 144,300 5.26 Vehicle Supplies 10 - (10) 375 (375) 1,500 - Operating Supplie 16,472 17,704 1,232 104,631 (86,927) 418,523 4.23 Oper.Supp.w/o ore - - - (87,500) 87,500 (350,000) - Gas & Lube 7,364 4,606 (2,758) 61058 (1,451) 24,230 19.01 Testing - - - 1,288 (1,288) 5,150 - Equip,Furn,Tools 2,889 3,940 1,051 5,363 (1,422) 21,450 18.37 Safety Equip/Supp 396 701 305 - 701 - - Postage/Mise.Frei 4,196 3,490 (707) 4, 938 (1,448) 19,750 17.67 Equipment Rental - - - 2,000 (2,000) 8,000 - Motor Pool Rent 18, 897 - (18,897) 19,250 (19, 250) 77, 000 - Util. Deposit Int 326 325 (1) 300 25 1,200 27.08 Depreciation Expe 335,695 - (335,695) 335,094 (335,094) 1,340,375 - Bad Debt Expense - 12,176 12,176 8,750 3,426 35, 000 34.79 Gehl Govt Admin F 167,856 - (167,656) 186,288 (186,288) 745, 152 - P.I.L.T. 169, 282 - (169,282) 175,239 (115,239) 700, 955 - yy J 1 City of Seward FUND: 501 - Electric Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired THROUGH MARCH ANNUAL --___-___-"--------------------------- ----- Actual — ------------- YTD — --- Budget __—.,-___------------ Annual % of Account Name 2006 2007 Variance Budget --- Variance --------- Budget ---------- Annual Bud ------- ------- --------- ReClass PILT to T ---------- $ (169,282) $ ---------- - --------- $ 169,282 $ ------- (175,239) $ 175, 239 $ (700,955) - % Credit card fees 7,118 1,993 (5,125) 10,500 (8,507) 42,000 4.75 MSc. Expenses 600 1,405 805 2,125 (721) 8,500 16.52 Principal - - - 9D,859 ;901859; 363,434 - Interest Expense - - - 95,826 (95,826) 383,3C4 - Amort.EondlssueCo 4,904 - (4,904) - - - " Capital Equipment - - - 11,250 ---------- (11,250) --------- 45,000 ---------- - ____... Total Expenses __ ------ $ 1,904,887 $ ---------- 1,213,180 -------- $ (591,706) $ 2,308,648 $(1,095,467) $ 9,234,590 13.14 % R J i City of Seward FUND: 701 - Water Enterprise Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired THROUGH MARCH ANNUAL --------------------------------------------------------------- Actual YTD Budget _____________________ Annual % of Account Name 2006 2007 Variance Budget Variance _______ _ Budget __________ Annual Bud _______ ---------- _____ __________ EF Interest Reven $ __________ 2D,118 $ 404 _________ __________ $ (19,714) $ 22,250 $ (21,646) $ 89,000 0.45 Amortization of C 5,653 - (5,653) 4,322 (4,322) 17,286 - Residential Sales 89,477 88,294 (11183) 92,500 (4,206) 370,000 23.86 SG Service 18,893 20,623 1,730 23,425 (2,802) 93,700 22.01 LG Service Sales 43,736 39,130 (4,605) 47,121 (7,991) 188,484 20.76 SMIC Sales 19,860 21,583 1,723 13,550 8,033 54,200 39.82 industrial sales (5,712) 7,09D 12,B01 37,500 (30,410) 150,000 4.73 Ship Water 181 - (181) 17,000 (17,000) 68,300 - Misc. Operating R 14,786 14,343 (443) 15,400 (1,057) _________ 61,600 __________ 23.28 ------- Total Revenue $ 206,991 $ 191,467 $ (15,524) $ 273,068 $ (81,601) $ 1,092,27D 17.53 % Account Name Salaries Overtime Standby Time Leave Time In Lieu of FICA Retirement Benefi Health Insurance Workers' Comp Medicare Total Persnl Sery Advertising Subscriptions/Due Travel/Subsistenc Communications Education/Trainin Legal Utilities Heating Fuel Insurance Maintenance & Rep Contracted Servic Operating Supplie Gas & tube Testing Equip,Furn,Tools Safety Equip/Supp Fostage/Misc.Frei Equipment Rental Motor Pool Rent Depreciation Expe Bad Debt Expense Genl Govt Admin F P.I.L.T. Reclass PILT to T Credit card fees Misc. Expenses Principal Interest Expense Capital Equipment City of Seward FUND: 701 - Water Enterprise Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired THROUGH MARCH Actual YTD Budget 2006 2007 Variance Budget variance ---------- -------- $ 38, 160 $ 34,340 -------- $ (3,820) $ --------- 37,792 $ ------- (3,452) $ 4, 270 9,877 5,607 934 8, 943 1,66E 1,725 57 2,261 (536) 4,568 3,832 (736) 4,472 (641) - - - 617 (617) 8,645 11,252 2,606 9,673 1,579 8,158 6,705 (1,453) 10, 323 (3,618) 2,284 1,777 (508) 2,241 (464) 701 548 (153) 331 217 -------------------- 68,454 70,055 ------------------- 1,601 68,644 -----_--- 1,411 Total Expenses $ ANNUAL --------------------- Annual k of Budget Annual Bud 151,169 22.72 k 3,736 264.38 9,044 19.07 17,889 21.42 2,469 - 38,690 29,08 41,292 16.24 8, 963 19.82 1,323 41.40 ---------- 2-74, 575 ------- 25.51 216 - (216) 250 (250) 1, 000 - - 250 250 375 (125) 1, 500 16.67 252 207 (45) 1, 000 (793) 4, 000 5.18 1,506 1,226 (281) 1, 625 (399) 6, 500 1B.85 111 - (111) 1,125 (1, 125) 4, 500 - - - - 1,250 (1,250) 5, 000 - 42,870 33,207 (9,663) 38,750 (5, 543) 155, 000 21.42 - - - 250 (250) 1, 000 - 3,705 2,829 (876) 2,500 329 10,000 28.29 2, 984 2,490 (494) 13, 750 (11,260) 55, 000 4.53 270 - (270) 40, 000 (40,000) 160, 000 - 635 1,385 750 4,750 (3,365) 19,000 7.29 1,174 1,486 312 1,650 (164) 6,600 22.51 1,885 1,747 (138) 1,750 (3) 7,000 24.96 2, O85 719 (1,366) 2, 000 (1,281) 8, 000 8.99 - 224 224 625 (401) 2, 500 8.95 844 936 92 1,250 (314) 51000 18.71 - - - 250 (250) 1, 000 - 955 - (955) 1,000 (1,000) 4,000 - 24,636 - (24,636) 43,348 A3,348) 173,392 - - 785 785 Soo 285 2,000 39.27 46, 107 - (46, 107) 51, 392 (51, 392) 205, 567 - 14,498 - (14, 498) 19,720 (19, 720) 78, 879 - (14,498) - 14, 49B (19, 720) 19, 720 (78, 879) - 686 247 (439; 750 (503) 3,000 8.25 99 239 140 375 (136) 1,500 15.93 - - - 32,472 (32,472) 129,889 - - - - 23,505 (23,505) 94,020 - - ----.--------------- - - 32,500 (32,500) 130,000 - 199,475 $ 118,032 $ --------- ---------- (81,443) $ 367,636 $ --------- (249,603) $ ---------- 1,470,543 ------- 8.03 k City of Seward FUND: 703 - Wastewater Enterprise Fund Line Item Revenue Summary by Fund Through March, 25% of year has expired ---------------------------------------------------------------- THROUGH MARCH Actual YTD Budget Account Name -------- — ------- --.---- 2006 2007 Variance Budget Variance EF Interest Reven $ ---------- 4,970 $ — -------- 609 --------- $ (4,361) $ ---------- 3,525 $ --- — — -- (2,916) $ Amortization of C 53,720 - (53,720) 53,720 (53,720) Residential Sales 104,789 107,451 2,662 111,913 (4,461) SG Service 21,281 20,490 (790) 27,000 (6,510) LG Service Sales 43,009 41,562 (1,447) 49,613 (81051) SMIC Sales 14,453 14,335 (118) 15,000 (665) Misc. Operating R - - - 875 (875) ---------- Total Revenue $ _------- 242,222 $ - 184,448 --------- $ (57,773) $ ---------- 261,645 $ --------- (77,197) $ ANNUAL ----------------- Annual % of Budget Annual Bud ---------- 14, 100 ------- 4.32 % 214,878 - 447,651 24.00 108,000 18.97 198,451 20.94 60,000 23.89 3,500 1,046,580 17.62 % City of Seward FUND; 703 - Wastewater Enterprise Fund Line Item Expenditure Summary by Fund Through March, 25% of year has expired THROUGH MARCH ANNUAL Actual YTD Budget Annual % of Account Name 2Ce6 2007 variance Budget Variance Budget Annual Bud Salaries $ 20,741 $ 27,782 $ 7,041 $ 26,913 $ 969 $ 107,253 25.90 % Overtime 1, 558 2,795 1,236 662 2, 132 2, 649 105.50 Standby Time 1,668 1,725 57 1,356 368 5,425 31.79 Leave Time 3,002 3,266 264 3,142 124 12,568 25.99 In Lieu of FICA - - - 124 ;124) 494 - Retirement Benefi 4,892 10,419 5,527 6,566 3,854 26,263 39.67 Health Insurance 5,077 6,946 1,869 6,882 64 27,528 25.23 Workers' Comp 961 1,180 219 2,568 (1,387) 10,270 11.49 Medicare ---------- 293 435 142 358 77 1,431 30.41 Total Persnl Sery ---------- 38,192 54,548 -- ------ ---------- 16,356 48,470 --------- 6,078 __________ 193,881 ------ 28.13 Advertising - - - 125 (125) 500 - Subscriptions/Due - 17 17 300 (283) 1,21)0 1.39 Travel/Subsistent 45 186 141 625 (439) 2,500 7.44 Communications 1,149 794 (355) 1,125 (331) 4,500 17.65 Education/Trainin - - - 750 (750) 3,000 - Legal - - - 1,250 (1,250) 5,000 - Utilities 20,141 19,078 (1,063) 26,250 (7,172) 105,000 18.17 Seating Fuel 466 - (466) 375 (375) 1,500 - Rents & Leases 33 - (33) 125 (125) 500 - Tnsurance 3,335 3,471 136 2,125 1,346 8,500 40.84 Maintenance & Rep 861 1,949 1,088 19,875 (17,926) 79,500 2.45 Contracted Servic 9,958 - (9,958) 7,000 (7,000) 28,000 - Operating Supplie 664 1,192 528 4,750 (3,558) 19,000 6.27 Gas & Lube 1, 174 1,486 312 1, 688 (202) 6, 750 22.01 Testing 2,020 1,565 (455) 4,250 (2,685) 17,000 9.21 Equip,Furn,Tools 107 719 612 1,500 (781) 6,000 11.99 Safety Equip/Supp - 224 224 250 (26) 1,000 22.38 Postage/Misc.Frei 513 800 2BB 1,375 (575) 5,500 14.55 Equipment Rental - - - 1,000 (1,000) 4,000 - Motor Pool Rent 1,000 - (1,000) 1,000 (11000) 4,000 - Depreciation Expe 69,792 - (69,792) 63,664 (68,664) 274,656 - Bad Debt Expense - 1,307 1,307 325 982 1,300 100.50 Genl Govt Admin F 28,191 - (28,191) 31,385 (31,385) 125,538 - P.I.L.T. 14,683 - (14,683) 16,352 (16,352) 65,408 - Reclass PILT to T (14,683) - 14,683 (16,352) 16,352 (65,408) - Credit card fees 799 289 (510) 750 (461) 3,000 9.62 Misc. Expenses - 2,110 2,110 250 1,860 1,000 211.00 Principal - - - 14,186 (14,186) 56,743 - Interest Expense - - - 1,330 (1,330) 5,318 - Infrastructure Co ---------- - __________ - - 51000 (5,000) 20,000 Total Expenses $ 178,440 $ 89,734 --------- ---------- $ (88,706) $ --_ 246,097 $ ___ __________ (156,363) $ 984,386 ------- 9.12 % fy ..) I V .` J6 4/17/2008 Run Date-4l17108 @ 2:20 PM Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of March 2008 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 16 143 (88.8%) Acute Care -Inpatient 144 367 (60.8%) 390 (63.1%) 345 390 (11.5%) Acute Care -Outpatient 1,113 1,166 (4.5%) 1,238 (10.1%) 98 125 (21.6%) Primary Care 322 368 (12.50/6) 313 2.9% 501 547 (8.4%) Long-term Care 1,453 1,591 (8.7%) 1,486 (2.2°%) 8 18 (55.6%) Homecare & Hospice 40 54 (25.90/6) 33 21.2% - - - Housing & Assist Living - - _ 968 1,223 (20.9%) Total Gross Service Revenues 3,072 3,546 (13A"ti) 3,460 (11.2%) Revenue Deductions: 76 30 (153.3%) Charity Care 76 76 - 51 (49.0%) - - - Medicaid Charity - - _ 155 169 8.3% Medicare & Medicaid 412 509 19.1 % 375 (9.9%) 5 4 (25.0%) Negotiated Contracts 10 10 - 9 (11.1%) 33 42 21.4"/o Other 118 124 4.8% 121 2.5% 269 245 (9.8%) Total Deductions 616 719 14.3% 656 (10.8%) 699 978 (28.6%) Net Service Revenue 2,466 2,827 (13.1 %) 2,904 (15A%) Premium Revenue - - - - - - Rental and Education Revenue - - _ 19 15 26.7% Other Operating Revenue 42 46 (8.7"/6) 53 (20.8%) 718 993 (27.7%) Total Net Operating Revenues Z498 2,873 (13.1%) 2,957 (16.5%) Expenses from Operations: - - - Purchased and Healthcare Expenses - - _ Other Expenses from Operations: 519 571 9.1% Salaries & Wages 1,561 1,684 7.31/6 1,522 (2.6%) 167 170 1.8% Employee Benefits 497 508 2.2% 438 (13.5%) 1 - - Professional Fees 1 _ _ 41 49 16.3% Supplies 146 144 (1.4%) 137 (6.6%) 189 160 (18.1%) Purchased Service 572 473 (20.9%) 516 (10.9%) 2 28 92.9% Depreciation 5 88 94.3% 104 95.2% 1 10 90.0% Interest and Amortization 2 31 93.5% - - (6) 60 110.0% Bad Debts 191 172 (11.0%) 203 5.9% - - - Healthcare Taxes - - - 59 36 (63.9%) Other Expenses 140 109 (28.4%) 103 (35.9%) 273 1,084 10.2% Total Other Exp from Operations 3,115 3,209 2.9% 3,023 (3.0%) 973 1,084 10.2% Total Operating Expenses 3,115 3,209 2.9"/e 3,023 (3.0%) 2:20 PM DET OPS 220 PM OCT-PPS vidence Hgatth & $ervices ProPROV SEWS n Thousands) 110 - 0'D' ratio►rs ('n Yhou d11712005 4117108 2:20 PM rch 2008 Last Year °k Varian Detail Statement of 0pe Run pats - Reported as once f tdla Variances AL) YtO y— P"hw.Rp f 836°1° 1 619.2% r Exp trot" OPSWInD 1 6 100.0°!°) Valance > 2°ti l MfO Excess of Rev over 335 ---00 Ar W4 WM Gain (LOss) 617 MU - Non OPeraUn9 Over Expenses i Excess of Reven+s 91 180 2X tO"T kif— s5e VR Net Asks 255 4117r2008 PRELIM - Run Date - 4/17/08 @ 2:2D PM ASSETS Current Assets: Cash and Cash Equivalents System Pooled Cash Temporary Investments Assets Held Under Securities Lending Accounts Receivable, Net AtRiate Receivable Premiums Receivable Other Receivables Supplies Inventory at Cost Other Current Assets Current Port. of Assets -Use is LTD Total Current Assets Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of March 2008 March 2008 December 2007 Actual Last Year 55 287 1,473 1,449 157 128 47 53 1,732 1,917 LIABILITIES & NET ASSETS Current Liabilities: Accounts Payable Accrued Compensation Affiliates Payable Payable to Contractual Agencies Deferred RevenuelUneamed Premiums Liability for Unpaid Medical Claims Liability for Risk -Sharing Liabilities Under Securities Lending Other Current Liabilities Short Tenn Debt Current Portion of Long -Tenn Debt Total Current Liabilities Assets Whose Use is Limited: Board Designated Cash and Investments - - Long -Tern Debt: Funds Held for Long -tern Purposes 121 38 Master Trust Debt Gift Annuity and Trust Funds - - Loans from Affiliates Funds Held by Trustees - - Other Non -Current Assets Limited as to Use 121 38 Long -Term Debt Property. Plant & Equipment: Gross Property, Plant & Equipment Less: Accumulated Depreciation Net Property, Plant & Equipment Other Assets: Unamort¢ed Financing Cost Interalfliate Notes Receivable Other (Ind. Long-term Investments) Total Other Assets Total Assets 107 107 (16) (11) 91 96 1,944 2.051 Other Long -Term Liabilities Total Liabilities Net Assets: Unrestricted Temporarily Restricted Permanently Restricted Total Net Assets Total Liabilities and Net Assets March 2008 December 2007 Actual Last Year 74 213 780 656 245 269 1,296 826 2,395 1,964 215 137 2,610 2,101 (666) (50) (666) (50) 1.944 2051. 2:20 PM BAL SHT 4/17/2008 PRELIM - Run Date - 4/17/08 @ 2:20 PM Providence Health & Services 110 - MGD - PROV SEWARD IVIED CTR Statement of Changes in Net Assets (in Thousands) Reported as of March 2008 UNRESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year (50) 917 Excess of Revenues Over Expenses (617) (65) Restricted Contributions & Grants Net Assets Released from Rest. - - Interdivision Transfers - Net Assets (Liabilities) Assumed - 5,340 Unrealized Gains(Losses) on Invest. - - Extraordinary Items & Other 1 - Total Change in Net Assets (616) 5,275 Ending Balance f6661__. 6.192 VT TEMPORARILY RESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year - - Excess of Revenues Over Expenses - - Restricted Contributions & Grants - - Net Assets Released From Rest. - - Interdivision Transfers - - Net Assets (Liabilities) Assumed - - Unrealized Gains (Losses) on Inv. - - Extraordinary Items & Other - - Total Change in Net Assets - - Ending Balance - 2:20 PM STMT CHG 4/17/2008 2:20 PM PRELIM - Run Date - 4/17/08 @ 2:20 PM Providence Health & Services STMT CHG 110 - MGD - PROV SEWARD MED CTR Statement of Changes in Net Assets (in Thousands) Reported as of March 2008 Beginning of Year Excess of Revenues Over Expenses Restricted Contributions & Grants Net Assets Released From Rest. Interdivision Transfers Net Assets (Liabilities) Assumed Unrealized Gains (Losses) on Inv. Extraordinary Items & Other Total Change in Net Assets C3 Ending Balance iY Beginning of Year Excess of Revenues Over Expenses Restricted Contributions & Grants Net Assets Released From Rest. Interdivision Transfers Net Assets (Liabilities) Assumed Unrealized Gains (Losses) on Inv. Extraordinary Items & Other Total Change in Net Assets PERMANENTLY RESTRICTED FUNDS Current Year to Date Prior Year to Date TOTAL ALL FUNDS Current Year to Date Prior Year to Date (50) 917 (617) (65) - 5,340 1 - (616) 5,275 Ending Balance (666) ___ 6,192 61 7:00pm e i S Borough Assembly Here All D 12 00pm PAW Meeting 7 I 7:00pm Building Code WS 8{ P&Z Worksession P&Z Meeting 12131 14 1 1 6:00pm CC&PACAB WI 7i30pm City Council I Meeting 6:30pm KIM12:00pm isp 9:00am Social Security Rep j 6:30pm Historic Preservation Meeting 7:30pm City Council Meeting Nanci Richey 2 �, : ,(� 4/24/2008 8:12 AM