HomeMy WebLinkAbout06272016 City Council Packet
Seward City Council
Agenda Packet
Photo by Jim Hunt
June 27, 2016
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones during the meeting}
June 27, 2016 7:00 p.m. Council Chambers
Jean Bardarson
1.CALL TO ORDER
Mayor
2.PLEDGE OF ALLEGIANCE
Term Expires 2017
3.ROLL CALL
4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
Marianna KeilITEMS SCHEDULED FOR PUBLIC HEARING\[Those who have
Vice Mayorsigned in will be given the first opportunity to speak. Time is limited
Term Expires 2016to 3 minutes per speaker and 36minutes total time for this agenda
item.\]
Ristine Casagranda5.APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval
Council Memberof Consent Agenda passes all routine items indicated by asterisk (*).
Term Expires 2016Consent Agenda items are not considered separately unless a council
member so requests. In the event of such a request, the item is
David Squiresreturned to the Regular Agenda\]
Council Member
6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2017
A.Proclamations and Awards – None
Dale Butts
B.Chamber of Commerce Report
Council Member
C.Borough Assembly Report
Term Expires 2016
D.City Manager’s Report
E.Other Reports and Presentations
Sue McClure
Council Member
Term Expires 2017
Deborah Altermatt
Council Member
Term Expires 2017
James Hunt
City Manager
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
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7.PUBLIC HEARINGS
A.Ordinances For Public Hearing And Enactment
1.Ordinance 2016-003, Amending The Zoning Map Designation Of Lots 11 And 12,
Block 7, Federal Addition, From Single Family Residential (R1) To Two-Family
Residential (R2) In Compliance With The Land Use Plan, Located At 700 Second
Avenue.
2.Ordinance 2016-004,Amending Portions Of Seward City Code § 2.05.035, Denial
Of Request; Appeal, To Establish A Customary Timeline To Appeal The Denial Of
A Request For Information.
rdinance 2016-005
3.O, Amending Portions Of Seward City Code Titles 8, 9, And 15,
Regarding Requirements And Standards For Commercial Marijuana Establishments
In The City Of Seward.
8.UNFINISHED BUSINESS – None
9.NEW BUSINESS
A.Resolutions
1.Resolution 2016-040, Accepting The 2016 Volunteer Fire Assistance Grant (VFA) In
The Amount Of $7,987.50 And Authorizing The 10% Matching Fund Of $887.50
And Appropriating Funds
2.Resolution 2016-041, Accepting Funds From The Alaska State Library For A
Continuing Education Grant In The Amount Of $1,000.00 And Appropriating Funds.
B.Other New Business Items
*1.Approval of the May 23, 2016 and the June 13, 2016Regular City Council Meeting
Minutes.
2.Discussion of Kenai Peninsula Borough Ordinance 2016-25, Amending KPB
2.40.010 to Reduce Planning Commission Membership.
10.INFORMATIONALITEMS AND REPORTS(No Action Required)
A.Providence Seward Medical and Care Center Financial Reports through April, 2016.
11.COUNCIL COMMENTS
12.CITIZEN COMMENTS
13.COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14.ADJOURNMENT
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CITY OF SEWARD Jim Hunt, City Manager
P.O. Box 167 Telephone (907) 224-4047
Seward, AK 99664 Facsimile (907) 224-4038
MANAGER’S REPORT
June 3, 2016 thru June 17, 2016
The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since
the last council meeting:NONE
ADMINISTRATION
·Meeting with Silverton Mountain Helicopter Guides to discuss upcoming business opportunities
·Meeting with Alaska Waste to discuss pending landfill closures as a part of the KPB budget
·Meeting with DOT to discuss the new Statewide Transportation Improvement Program and review any
questions or concerns the City has
·Meeting withTote representative Renata Bennet to discuss port development
·SMIC weekly teleconference
·ASLC board teleconference
·Site visit to the SCCC property corners with Nick Cline
·Meeting with USCG to discuss homeporting for the Fast Response Cutter(FRC) plans
·Meetings with multiple department heads
FINANCE
·The finance department is pleased to report that we are now fully staffed. We are focusing our attention
on training staff on utility billing, and we have recently concluded software training on financial report
writing. We have made great progress in developing desk manuals to speed the process of cross-
training, which is made much easier by recent software improvements.
·We provided detailed information to the City Council regarding the delay in release of the annual
financial statements. The delay is the result of new Governmental Accounting Standards Board
Statement No. 68 which requires that the State of Alaska, as the manager of the retirement system for
the State and its political subdivisions, allocate the unfunded liabilities for pensions among all of the
employers in the State. There has been vigorous discussion and disagreement as to how to allocate the
unfunded liability given that State Statute currently requires the State to pay the cost for all employers,
of contribution rates above 22%. As a result of this requirement, there is disagreement about how much
of the unfunded liability should be placed on the financial statements of the cities versus the State. Until
a final decision is made about this allocation of liability, the State’s auditors cannot finalize their audit of
the State’s financial statements. Since the City must book the liability only based on audited data from
the State, we must await the conclusion of the State’s audit before we can rely on the information to
record in our financial statements. Then, our auditors are required to audit the manner in which the City
has recorded the unfunded liabilities on the City’s books. Once that is concluded, we can finalize the
statements and schedule a work session with the City Council. The estimated date for conclusion and
presentation to the City Council is August.
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·We are preparing for the upcoming June 27work session with the Council regarding cola, merit
increases, and anticipated calls on City funding in the near future.
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HARBOR
·We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project
on 6-2-2016 and 6-16-2016.
·The Harbor has finished the project completion reports for A, B, C and S-float replacement and the
Northeast Fish Cleaning station
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·The harbor is processing the 6 month slip renewals at this time; as of the 15 of June we have 298 of
540 tenants with all the proper documentation completed.
·Attendedmeeting with the Coast Guard todiscuss Seward being a possible location for two of the new
Coast Guard Cutters.
ELECTRIC
·Number of outages/trouble calls in June: 3 Number of new Job Orders started since Jan. 1, 2016: 25
SEWARD COMMUNITY LIBRARY & MUSEUM
·May 2016 Statistics • 13433 Front Door Counter • 263 Museum Admission • 21 Programs• 12
Passport Applications• 175 Room Uses• 10 Proctored Exams• 633 Public Computer Sessions
·Don’t miss the puppet show. Stevens Puppets will perform a family friendly version of The Legend of
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, at 6:00PM in the Community Room (Sponsored by the Friends of the Seward
Sleepy Hollow, June 30
Library).
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·Let’s go fly a kite! Wait… let’s MAKE one first! Join us Saturday, July 16, 1:00 PM – 2:30 PM in the
Community Room for aKite Making Workshop.
·We thank the dedicated volunteers of the Resurrection Bay Historical Society for opening the Museum
on Sundays through the summer season from 1 – 5 pm.
PARKS & RECREATION
·We have multiple positions still available please visit the City’s webpage for a complete list
at www.cityofseward.us/DocumentCenter/Index/24
·The campgrounds have experienced a 7% increase in camper nights so far this year as well as a 12%
increase in revenue as compared to 2015.
·Staff is working on a the maintenance and repair of grave sites, campground signs, information boards,
picnic tables, as well as replacing the cargo net at the PARKS playground.
·We have finally caught up with the growing season and are continually mowing, weed eating, and
clearing brush throughout our parks, campgrounds, and public areas.
·Softball season has begun, so regular field maintenance and field improvement projects are currently
underway. We are looking forward to the 4th of July weekend and have started preparation for the influx
of campers.
·We are working on the “free Wi-Fi” project.
·Volunteers needed: trail safety, kayak queue, traffic control & finish line. If interested please contact
Melanie Hauze at mhauze@cityofseward.net or call 224-4011
thth
·Youth Soccer League will be held on Mon & Wed nights from July 11 to Aug 17.Registration forms
are now available at www.cityofseward.us under Sports and Recreation Department. We are currently
recruiting volunteer soccer coaches. Please let us know if you would be willing to help this season.
·Adopt-A-Park: Join the beautification of Seward with a financial contribution of $100 to Adopt-a-Park
or Garden. A sponsorship sign will be placed in each park or garden in recognition of the sponsor or in
memory of a loved one. You can permanently Adopt-a-Park and receive a permanent plaque for up to
five years for an additional $75. Gardens are located around town in various areas so call and pick your
garden today. www.cityofseward.us/parks.
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Sponsored by:Planning and Zoning Commission
Introduction Date:June 13, 2016
Public Hearing Date:June 27, 2016
Enactment Date:June 27, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-003
AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF
SEWARD, ALASKA, AMENDINGTHE ZONING MAP
DESIGNATIONOF LOTS 11 AND 12, BLOCK 7,FEDERAL
ADDITION, FROM SINGLE FAMILY RESIDENTIAL (R1) TO
TWO-FAMILY RESIDENTIAL (R2)IN COMPLIANCE WITH
THE LAND USE PLAN, LOCATED AT 700 SECOND AVENUE
WHEREAS, property owner Kirk Hoesslehas requested the rezone of Lots 11
and 12, Block 7, Federal Addition,from SingleFamily Residential (R1) to Two-Family
Residential (R2); and
WHEREAS, the twolots being considered for rezone contain approximately
10,000square feet of land; and
WHEREAS,the Seward City Code SCC §15.01.035, Amendments, (b) (3)
allows the consideration of this rezone because the requested zoning district is
recommended by the Land Use Plan;and
WHEREAS,the official Zoning Map described in SCC 15.01.030 will be
amended from SingleFamily Residential (R1); to Two-Family (R2) to bring the parcels
into conformance with the official Land Use map; and
WHEREAS, the Planning & Zoning Commission has complied with public
notice and public hearing procedures for amending zoning district designations, as
required by Title 15; and
WHEREAS,at the May 3, 2016meeting, the Planning and Zoning Commission
reviewed the application, held apublic 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 Seward City Council hereby authorizes the amendment of the
official Zoning Map of the City by amending the zoning designation of Lots 11 and 12,
Block 7, Federal Addition, from SingleFamily Residential (R1) to Two-Family
Residential (R2).
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Section 2. This ordinance shall take effect ten (10) days following enactment.
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ENACTED by the City Council of the City of Seward, Alaska, this 27 day of
June, 2016.
THE CITY OF SEWARD, ALASKA
______________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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7
8
9
10
11
12
Legend
Rural Residential
ST.
D
Single Family Residential
Two Family Residential
Multi Family Residential
Urban Residential
Office Residential
Harbor Commercial ST.
C
Auto Commercial
Central Business District
Industrial
Institutional
Park
ST.
B
Resource Management
Parcels
Lots 11 & 12, Block 7
OTS
ST.
A
T.
E S
RO
ON
M
Rezone Request R1 to R2
Current Zoning Map
CC Ordinance 2016-003 06/27/2016
´
Due to different data sources property lines and aerial
0270540Feet
imagery do not overlay correctly. Map is to be used for
#
orientation and reference purposes only.Mapping Assistance by Alaska Map Company, LLC
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Legend
<all other values>
ST.
D
Rural Residential
Single Family Residential
Two Family Residential
Multi Family Residential
Urban Residential
Office Residential
ST.
C
Harbor Commercial
Auto Commercial
Central Business District
Industrial
Institutional
ST.
B
Park
Resource Management
Lots 11 & 12, Block 7
Parcels
OTS
ST.
A
T.
E S
RO
ON
M
Rezone Request R1 to R2
Current Land Use Map
´CC Ordinance 2016-003 06/27/2016
Due to different data sources property lines and aerial
0270540Feet
imagery do not overlay correctly. Map is to be used for
#
orientation and reference purposes only.Mapping Assistance by Alaska Map Company, LLC
14
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From:Susan Swiderski
To:Johanna Kinney
Subject:Ordinance 2016-003
Date:Monday, June 13, 2016 5:02:20 PM
This is to inform you that I and my wife (Dennis and Susan Swiderski) who reside at 704 Second Avenue, Seward,
Alaska have no objection to the proposed building of a duplex contemplated in Ordinance 2016-003 on the lot next
to us. If you need anything from us to further document our support, please let us know.
Dennis Swiderski
704 Second Avenue
Seward, AK 99664
(907) 491-0276
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Sponsored by: Clerk
Introduction:June 13, 2016
Public Hearing:June 27, 2016
Enactment:June 27, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE § 2.05.035,
DENIAL OF REQUEST; APPEAL, TO ESTABLISH A CUSTOMARY
TIMELINE TO APPEAL THE DENIAL OF A REQUEST FOR
INFORMATION
WHEREAS, the Seward City Code provides for the inspection of city records by the public
under reasonable rules during regular office hours; and
WHEREAS, Seward City Code 2.05 addresses records including access, inspection,
exemptions, and denials of city records; and
WHEREAS, a request for a record can be denied if the record sought is subject to an
exemption pursuant to City Code or state law, and 2.05.035 addresses the appeals process if such a
request for records has been denied; and
WHEREAS, under current City Code there is no formal timeline for a party to appeal a
denial of a public records request; and
WHEREAS, the condensed time period in which a public records appeal currently must be
heard by the City Council presents significant scheduling limitations for all parties, including a
limitationthat such appeals may only be heard at regularly scheduled meetings ofthe Council; and
WHEREAS, establishing a deadline for appeal and adjusting the time and manner for
hearing appeals by the City Council will improve the City's public records request procedures.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,HEREBY ORDAINSthat:
Section 1. Seward City Code Section 2.05.035 (b) is amended as follows:
(Deletions are BoldStrikethroughs; Additions are Bold/Underline/Italics)
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2.05.035 – Denial of request; appeal.
(b)In the event a party is denied access to requested information under the provisions of
subsection (a) of this section, he may submit a written appeal within ten days to the city
manager. Failure to timely appeal will result in a waiver of any subsequent right of appeal.
Within ten workingdays of receiving the appeal, the city manager shall issue a written
response to the requester, either granting or denying the appeal and notifying the requester of
his right to appeal the decision to the city council at the next regularlyor specialscheduled
meeting occurring at least 15thirtydays following the date of the appeal,which shall be the
final and binding authority.The City Council shall issue a written decision within thirty
days of hearing an appeal, which shall be the final and binding authority. The final
decision of the City Council is appealable to the Superior Court pursuant to the rules of
procedure governing appeals to the Superior Court.
Section 2. This ordinance shall take effect 10 days following its enactment.
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ENACTED by the City Council of the City of Seward, Alaska, this 27 day of June,
2016.
THE CITY OF SEWARD, ALASKA
________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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Sponsored by: Hunt
Introduction: June 13, 2016
Public Hearing: June 27, 2016
Enactment: June 27, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-005
AN ORDINANCE OF THE CITY COUNCIL OF SEWARD, ALASKA,
AMENDING PORTIONS OF SEWARD CITY CODE TITLES 8, 9,AND
15, REGARDING REQUIREMENTS AND STANDARDS FOR
COMMERCIAL MARIJUANA ESTABLISHMENTSIN THE CITY OF
SEWARD
WHEREAS, during the November 4, 2014 general election, Alaska voters approved
initiative Ballot Measure 2,an Act to Tax and Regulate the Production, Sale and Use of
Marijuana, which provided for the State development of regulationsand requirements for
commercialmarijuana establishments,and legalizedpossessionand personal use of marijuana by
persons 21 years of age or older; and
WHEREAS, Ballot Measure 2 allowsmunicipalities in the State, including the City of
Seward (“City”),to prohibit and/or implement regulationsgoverning the number, time, place and
manner of marijuana cultivation facilities, marijuana testing facilities, marijuana product
manufacturing facilities, and retailmarijuana stores(marijuana establishments); and
WHEREAS, the State of Alaska has developedlaws and regulations, codified asAlaska
Statute 17.38 and 3 AAC 306.005-3 AAC 306.990,for marijuanaestablishments requiring,
among other things, public notices and hearings for license applications, security plans, site-
specific plans, and the privileges of and prohibitions for each of the types of license; and
WHEREAS,at theSewardCity Council March 14, 2016work session, the City
administration was directed to draft regulations that complemented but did not duplicate State
regulations, and that to the extent practical worked within the existing framework of land uses,
zones and classifications rather than creating new ones; and
WHEREAS, the City’s current Building, Fire and Mechanical Codes are considered
adequate to address these establishments with the exception that additional controls are needed in
the Fire Code regarding extraction systems at manufacturing facilities; and
WHEREAS, the United States Department of Justice has issued guidance (the “Cole”
memoranda dated February 14, 2014, and August 29, 2013) describingmarijuana-related federal
enforcement priorities, including “Preventing thedistribution of marijuana to minors” and
“Preventing drugged driving and theexacerbation of other adverse public health consequences
associated withmarijuana use;” and
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WHEREAS, the City Councilfinds that the goal of protecting the public health,safety and
welfare, and those priorities in the Cole memo, arefurthered by increasing the buffer zone
around schools and by limiting the hours of operation beyond theminimumbuffer zones and
maximum hours of operation set forth inState Statute.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1.Seward City Code Title 8 is amendedby adding a new chapter as follows:
(Deletions are Bold Strikethrough; Additions are BoldItalicUnderline)
Chapter 8.25 – Marijuana establishments
8.25.010. - Definitions.
As used in this chapter,unless the context otherwise requires, the following terms shall have
the meanings defined herein:
(a) “Marijuana” means “marijuana” asthat term isdefined in AS 17.38.900 and any
amendments thereto.
(b)"Marijuana establishment"means a “marijuana establishment” as that term is
defined in AS 17.38.900 and any amendments thereto but includesa marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, or a retail marijuana store asthose terms aredefined in AS 17.38.900and any
amendments thereto.
8.25.015 Compliance with state laws and regulations
No person may own or operate a marijuana establishment within the City without first being
licensed by the State of Alaska, and the establishment license must be maintained in force
continuously throughout the time the establishment operates. All marijuana establishments
shall be operated in full compliance with state laws and regulations. It shall be the owners’
and/or operators’ responsibility to be aware of and to comply with any and all laws, rules and
regulations adopted by any duly authorized agency of the State and the City.
8.25.020 Local regulatory authority established.
The City Council shall be the Local Regulatory Authority, as that term is used in Alaska
Statutes Chapter 17.38. As the local regulatory authority, Council is authorized to:
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(a)Review and submit recommendations to any federal or state agency regarding
marijuana establishment license applications;
(b)Designate a body, entity or person to reviewor comment upon marijuana
establishment license applications;
(c)Draft laws, regulations, and policies regarding marijuana establishments and
marijuana use within the City.
8.25.025. - Marijuana establishment application review.
(a)Once the City receives notification from a state agency that a marijuana
establishment application is complete: Council may recommend approval, denial, or
approval with conditions of any application for a marijuana establishment.
(b)Council shall not recommend approval of any marijuana establishment
application unless the following conditions have been satisfied:
(1) The City Finance Department confirms that all accounts for utilities, taxes and
assessments for the persons or corporate entity named in the application are
current; and
(2) The Kenai Peninsula Borough verifies that all sales and property tax accounts
for the persons or corporate entity named in the application are current.
8.25.030. – Hours of operation
Retail marijuana establishments shall not conduct any business on, or allow consumers or
customers access to the establishment’s licensed premises between the hours of 2:00 a.m. and
8:00 a.m. of any day.
Section 2. Seward City Code Title 9 is amended by adding a new chapter as follows:
(Deletions are Bold Strikethrough; Additions are BoldItalicUnderline)
Chapter 9.30 – Marijuana extraction equipment
9.30.010. - General provisions.
All licensed marijuana processing facility extraction equipment using hazardous materials
must be approved by the City prior to operation within the City.
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9.30.015. – Listed equipment.
A list of pre-engineered and approved systems is kept at the Seward Fire Department and
available during business hours.
9.30.020. – Equipment approval.
(a) When no equipment listing criteria exists and for non-listed extractions systems,
equipment manufacturers may submit a Master Engineering Report to the Seward Fire
Department for approval of their equipment.
(b) An Alaska licensed Professional Engineer is required to prepare a site-specific
report. The report shall include the following information:
1. The proposed or existingaddress of the location where the equipment will be
operated, the make and model, serial number, and any other pertinent
information specific to that equipment as requested by the city;
2. The installationof the equipment willmeetall applicable AME and NFPA
standards for the operating pressures it will be subjected to;
3.The equipment has pressure relief valves on any trapped gas sections;
4. That allhose fittings, vacuum pumps, and all other ancillary components of
the equipmentare compatible with the specific flammable gas used in the
equipment;
(c) The engineering report is required by the 2012 International Fire Code, adopted as
the Seward Fire Code, and shall be signed and sealed by aresponsible Alaska licensed
Professional Engineer. All equipment shall be operated strictly in accordance with the
manufacturer’s instructions.
(d) Prior to the operation of the equipment, the City shall issue written approval of the
engineering report required under this section.
9.30.025. – Modification of equipment.
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Any modification of listed or approved equipment other than routine maintenance or
replacement of an identical replacement partvoids the approval of the extraction equipment
unless the modification is approved by the City in writing. Modifications that require approval
include but are not limited to re-piping the system, addition of pumps, replacing components
with non-identical components, and using unapproved gases.
Section 3.Seward City Code Title 15 is amendedby adding to the Definitions and Land
Uses Allowedsections and renumbering as appropriate, as follows:
(Deletions are Bold Strikethrough; Additions are BoldItalicUnderline
)
15.10.140 - Definitions.
A.General interpretation.
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an individual.
4. The word "lot" includes the word "plot" or "parcel."
5. The term "shall" is always mandatory.
6. The word "used" or "occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged," or "designed to be used or occupied."
B.Specific definitions.(Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
1.Accessory building.A detached structure that:
a.Is clearly incidental to and customarily found in connection with a principal
building or use;
b. Is subordinate to and serves a principal building or use;
c. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal
building or use served.
An accessory building shall be considered to be a part of the main building when
joined by a common wall or connected by a breezeway to the main building.
Accessory building means any structure regardless of type of foundation or base
support, including skid-mounted or other moveable structures.
(Accessory or mother-in-law apartment.See Dwelling, Efficiency apartment)
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2.Agriculture.Commercial farming, dairying, pasturage, horticulture, floriculture,
viticulture, or animal and poultry husbandry including buildings used to shelter farm
implements, hay, grain, poultry, livestock or other farm produce in which there is no
human habitation and which is not used by the public.
……………………………….>
51.Manufacturing, heavy.A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials; or a use
engaged in storage of or manufacturing processes using flammable or explosive
materials; or storage or manufacturing processes that potentially involve hazardous
or commonly recognized offensive conditions.
52.Manufacturing, light.A use engaged in the manufacture, predominantly from
previously prepared material, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales and distribution
of such products, but excluding basic industrial processing.
53.Marijuana. Marijuana means “marijuana”as that term is defined in Alaska
Statute 17.38.900 and any amendments thereto.
54.Marijuana establishment. Marijuana establishment means a marijuana cultivation
facility, a marijuana testing facility, a marijuana product manufacturing facility, or a
retail marijuana store as those terms are defined in AS 17.38.900 and any
amendments thereto.
a.Marijuana cultivation facility. Marijuana cultivation facility means an
entity registered to cultivate, prepare, and package marijuana and to sell
marijuana to retail marijuana stores, to marijuana product manufacturing
facilities, and to other marijuana cultivation facilities, but not to consumers.
1.Limited marijuana cultivation facility. A limited marijuana
cultivation facility has the privileges set forth at 3 AAC 305.405(a)
and (b), and is subject to the prohibitions at 3 AAC 306.405(c),
except that it must have fewer than 500 square feetunder cultivation.
b.Marijuana product manufacturing facility. Marijuana product
manufacturing facility means an entity registered to purchase marijuana;
manufacture, prepare, and package marijuana products; and sell marijuana
and marijuana products to other marijuana product manufacturing
facilities and to retail marijuana stores, but not to consumers.
c.Marijuana testing facility. Marijuana testing facility means an entity
registered to analyze and certify the safety and potency of marijuana.
d.Retail marijuana store. Retail marijuana store means an entity registered to
purchase marijuana from marijuana cultivation facilities, to purchase
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marijuana and marijuana products from marijuana product manufacturing
facilities, and to sell marijuana and marijuana products to consumers.
55. Marijuana products. Marijuana products means concentrated marijuana products
and marijuana products that are comprised of marijuana and other ingredients and
are intended for use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
(***Clerk’s Note: subsequent sections will be renumbered accordingly***)
15.10.225. - Land uses allowed.
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See tables at
the end of this title.)
(b) Lodging as defined in section 15.10.140B. is allowed in accordance with table
15.10.225of this chapter and subject to the following conditions:
……………………>
(h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in
accordance with table 15.10.225of this chapter subject to the following:
(1) The facility owner or operator has submitted a license application to the State of
Alaska for the corresponding type of marijuana establishment prior to operation,
and maintains a current license from the State at all times the facility is in
operation.
(2) Marijuana establishments shall not to be located within five hundred (500) feet of
the entrance of any building where religious ceremonies are regularly held, a
correctional facility, recreational facility or youth center licensed by the State or
local government, or within one thousand (1000) feet of any school. The distance
specified in this subsection must be measured by the shortest pedestrian route from
the public entrance of the building in which the licensed premises would be located
to the outer parcel boundaries of the school, recreation or youth facility or to the
main public entrance of the building in which religious services are regularly held,
or the correctional facility. The burden of proof demonstrating that the facility
meets the required separation distances is the responsibility of the marijuana
establishment owner or operator.
(3) In this Title, Standard or Limited Marijuana Cultivation Facility meeting all other
criteria in this Code and in Alaska Statutes and Administrative Codes are classified
as a Greenhouse(s)/Commercial, except that a Limited Marijuana Cultivation
Facilityas an accessory use secondary to a residence may be classified as a Home
Occupation use.
26
(4) In this Title, a Marijuana Testing Facility meeting all other criteria in this Code
and in Alaska Statutes and Administrative Codes is classified as an Office -
Business or Professional use.
(5) In this Title, a Marijuana Product Manufacturing Facility or a Marijuana
Concentrate Manufacturing Facility using hazardous materials in the
manufacturing process and meeting all other criteria in this Code and in Alaska
Statutes and Administrative Codes is classified as a Manufacturing - Heavy use.
Facilities not using hazardous materials in the manufacturing process are classified
as a Manufacturing, Light use.
(6) In this Title, a Retail Marijuana Store meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales
and Service use.
Section 4. This ordinance shall take effect ten days following its enactment.
th
ENACTED by the City Council of the City of Seward, Alaska, this 27 day of June, 2016.
THE CITY OF SEWARD, ALASKA
________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
27
28
29
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING THE 2016VOLUNTEER FIRE ASSISTANCE
GRANT (VFA)IN THE AMOUNT OF $7,987.50AND AUTHORIZING THE
10% MATCHING FUNDS OF $887.50AND APPROPRIATING FUNDS
WHEREAS,the Seward Fire Department applied for and was awarded a Volunteer Fire
Assistance grant from the Alaska Departmentof Natural Resources in the amount of $7,987.50;and
WHEREAS, the City is required to provide a 10percent cash match, which means the City
will spend $887.50in local funds as a condition of the grant and these funds have been identified
within the current Fire Department 2016 budget; and
WHEREAS,the grant must be used for purchasing equipment identified in the grant
application (rolls of forestry hose, hand held weather stations, forestry nozzles and forestry helmets,
goggle and shrouds) for a total project value of $8875.50; and
WHEREAS,these purchases will continue providing our firefighterswith the maximum
protection and interoperabilityneededtoprotectthe lives and property of the citizens of Seward, and
furtherfulfill equipment needs identified in our mutual aid agreement withthe Alaska Department of
Natural Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The 2016 Volunteer Fire Assistance Grant award in the amount of $7987.50 is
hereby accepted and appropriated along with the required cash match of $887.50 to the Volunteer
Small tools account number 01000-1221-7217-0000
Section 2. The $8875.50 purchase will consist of for firefighting rolls of forestry hose, hand
held weather stations, forestry nozzles and forestry helmets, goggle and shroudsas stated inthe grant
application.
Section 3.This resolution shall take effect immediately upon its adoption.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 27dayof
June 2016.
30
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
31
32
33
34
35
36
37
38
39
Sponsored by:Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING FUNDS FROM THE ALASKA STATE LIBRARY
FOR A CONTINUING EDUCATION GRANT IN THE AMOUNT OF
$1,000.00AND APPROPRIATING FUNDS
WHEREAS, in 2016 the Alaska State Library sought applications for the Continuing
Education Grant from public library staff; and
WHEREAS, the Alaska State Library encourages use of this grant to meet the continuing
education requirement for the Public Library Assistance Grant for public library directors; and
WHEREAS, the Seward Community Library and Museum receives thePublic Library
Assistance Grant annually; and
WHEREAS, the Continuing Education Grant is an ongoing grant program that
reimburses the cost of training through a conference, course or event; and
WHEREAS, the reimbursement for instate training will not exceed $1,000; and
WHEREAS, the director of the Seward Community Library & Museum requested a
Continuing Education Grant to attend the 2016 Alaska Library Association conference; and
WHEREAS,the Alaska State Library approved the Director’s request for the Continuing
Education Grant.
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 accept aContinuing Education
Grant from the Alaska State Library and appropriate funds to reimburse travel costs for the
Seward Community Library Museum.
Section 2. Funding in the amount of $1,000.00is hereby received and appropriated to
the Library Museum Buildings account no. 01000-1500-7303.
Section 3. This resolution shall take effect immediately.
th
PASSED ANDAPPROVEDby the City Council of the City of Seward, Alaska, this 27 day of
June 2016.
40
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
41
42
43
Department of Education &
Early Development
DIVISION OF LIBRARIES, ARCHIVES & MUSEUMS
Alaska State Library
344 West Third Ave. STE 125
Anchorage, Alaska 99501-2338
Main: 907.269-6570
Fax: 907.269-6580
March,102016
ValarieKingsland
CityofSewardforSewardCommunityLibraryMuseum
P.O.Box2389
Seward,AK99664
DearValarie,
Congratulations!TheStateLibraryhasreviewedyourFY2016continuingeducationapplicationandhas
awarded CĻķĻƩğƌ fundsintheamountof ǒƦƷƚυЊͲЉЉЉ foryoutoattendthe2016AlaskaLibrary
AssociationConferncetobeheldinFairbanks,AK.Wearedelightedthatyourlibrarywillreceivethis
grant.
TheStateLibraryusesfederalfundsreceivedfromtheInstituteofMuseumandLibraryServices(IMLS)
topayforcontinuingeducationgrants.Pleasereadthesecondpageinthispacketcarefully
.Inorderto
useIMLSfundstoreimburseyourcontinuingeducationcosts,youmustattendatleastonetraining
sessionthatfallsunderthetopicslistedonthatform.
Onceyouhavecompletedyourcontinuingeducation,youmustsubmitthegrantreimbursementform,
anyrequiredreceipts,andyourfinalreportaboutthetrainin
gyouattended.Theseformsareavailable
athttp://library.state.ak.us/dev/grants.html.Youmustsubmitafinalreportforminordertobe
reimbursed.
Ifyouhavequestionsorneedmoreinformation,pleasecallmeat9074652916.Onceagain,
congratulationsandgoodluckwithyourcontinuingeducation.
Sincerely,
JulieNiederhauser
ContinuingEducationCoordinator
44
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
RDER
CALL TO O
The May 23, 2016regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Chief Tom Clemons led the Pledge of Allegiance to the flag.
Police
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna KeilRistine Casagranda
Dave Squires Dale Butts
Sue McClure Deborah Altermatt
comprising a quorum of the Council; and
Jim Hunt,City Manager
Ron Long, Assistant City Manager
Brenda Ballou,ActingCity Clerk
Will Earnhart, City Attorney
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Willard Dunhamasked the city to take the initiativeto display flowers in the containers on
the streets. He said the concrete containers had been neglected for some time, and were being used
for cigarette butts instead of flowers. Dunham thought this would be a banner year for tourism and
visitorsin Seward. Also, he thought some of the trees around the Waterfront Park needed some care.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Bardarson added a presentation by the Lions Club under Special Orders, Presentations & Reports.
McClure removed the Seward High School Hybrid Presentation by Trevan Walker from the agenda
due to a scheduling conflict, but would bring it back again in August.
Butts pulled the Introduction of Ordinance 2016-002 off the consent agenda.
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
otion Passed Unanimous
M
The clerk read the following approved consent agenda items:
pproval of the May 9, 2016 Regular City Council Meeting Minutes.
A
Re-appoint Wolfgang Kurtz to the Historic Preservation Commission with a term expiring
May 2019.
PECIAL ORDERS, PRESENTATIONS AND REPORTS
S
roclamations & Awards
P
May is Older Americans Month Proclamation.
Lions Club Presentation.Police Chief Tom Clemons was presented with the Melvin Jones
Fellow Award.
Chamber of Commerce Report. Cindy Clock statedthe chamber currently had 316
members. This year’smembershipdrive would begin in the next week or so. June 1, 2016was the
start of the Halibut Tournament, and there were new rules in place. The Mount Marathon Race was
just around the corner; all vendor spaces werefilledand they would be operating Saturday through
Monday. The raceguide was already available on line, and hard copies would arrive tomorrow.
Clock hoped people would adhere to the “no pets” ruleto help with public safety and sanitation
downtown. GeNeilFlaherty represented Seward on the Alaska Travel Train last week. Flahertyalso
worked on the Military Appreciation Picnic.Clock congratulated the cityon the ribbon cutting
ceremony at the docks. The chamber had awarded a $2,000 scholarship to high school senior
th
Madilyn Rae. The Combat Fishing Tournament would celebrate its 10anniversary this year; the
event would take place on May 26, 2016.The Small Business Development Centerwelcomed a new
representative; Cliff Cochran would beworking with BryanZak. Rosetta Alcantra gave a
presentation on Railport Sewardlast week at the chamber membership luncheon. Everyone was
encouraged to sign up for the electronic project newsletter and to take the survey to provide input on
the project.The next chamber membership luncheon would be on June 3, 2016.On June 1, 2016
there would be anIce Cream Social at the Harbor 360 Hotel starting at 6:30 p.m.; this was an event
for front line employees and allbusinesses were invited to give a45-second speech about their
business.
Borough Assembly Report. Brandii Holmdahl was not present.
City Manager’s Report. Jim Huntreportedthe following purchase ordersbetween $10,000
and $50,000 had been approved by the City Manager since the last meeting: $24,500 to Metco for
sidewalk removal and repair at the harbor.
Answering Casagranda’s questionfrom the last council meeting, Hunt said the teeshirtsfor
the Parks and Recreation Department had not been purchased locally. Hunt reported that Verizon had
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
beenhere last yeardoing groundwork, and by the end of this summer they would have 4G service up
and running. Hunt acknowledged receiving a letterfrom Jim McCracken regarding paving a portion
of the road to Lowell Point.
Administrationwas preparing to release a Request For Proposals (RFP) for Abatement,
Demolition and Removal Services which would have the following scoring criteria:
CRITERIAPOINTS
UnderstandingThe Project25
Qualifications And References25
Timeline For Completing The Project25
Price25
TOTAL100
Hunt clarified that this RFP was for the Goresen and D.E. Wood properties, located on First
Avenue and on Madison Avenue across from the Post Office, respectively.In response to
Casagranda,Assistant City Manager Ron Longsaid the city had received both properties via a tax
foreclosure. The property on First Avenuewas developable, but the property on Madison Avenue
could not be developed until or unless there was a change in the zoning code or it was consumed by
an adjoining lot.Administration’s intent for this project, Long said, was for both propertysites to be
cleared and then for the First Avenue property to be sold.
Hunt mentioned that inthis month’s issue ofAlaska Business Monthly there were several
articles focused about Seward.
Long said there were three shuttle bus benches built and installed, but now there were
troubles with equipmentand that was delaying further bench assembly. Bardarson thanked Jean
Schwafel for helping to identify keylocations for the benchesto be positioned. Casagranda asked
that the weedsbe cleared around the benches as well.
In response to Squires, Long said clearing outthe trees on the First Avenueproperty was not
in the plan.
In response to Butts’ request for an update on the city hall renovation, Long said the project
would be broken up into several increments.
Regarding the “island” in front of the National Parks Servicebuilding at the harbor, Long
said the island would beremoved and repaved to provide angled parking spots, but the traffic lane
would not change.
In response to Butts, Long explained thatthe taxi voucher program, previously funded
through the borough’s CARTS program, had been negatively impacted by budget cuts. Long had
attended ameeting with Providence to identify and address alternative transportation for people in
need of health care.
In response to McClure, Hunt said an engineer had beenhired to look at the boardwalk and
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
assess whether it could be readily connectedto the Rotary lagoon. Long said administration would
not be pursuing this project.
In response to Altermatt’s inquiry aboutparking pass purchases having acut-offdatein mid-
July, Hunt said administration would look into removing the cut-off date.
Bardarson requestedadministration provide adetailed summaryof the expensesincurred as a
result of the Orion litigation,as well asdepartment head year-to-date expenditures of City Attorney
fees.
ther Reports, Announcements and Presentations
O
Presentation on Kenai Peninsula Borough Sales and Property Tax Revisions by Larry
Persily.
Seward High School Hybrid Program Presentation by Trevan Walker. (McClure)
PUBLIC HEARINGS– None
UNFINISHED BUSINESS – None
NEW BUSINESS
Ordinances for Introduction
Ordinance 2016-002, Amending Portions Of Seward City Code § 7.10.135.
Motion (Casagranda/McClure)IntroduceOrdinance 2016-002
Earnhart saidthis was a minor amendment for a discreet purpose, affecting moorage. The
issue related to an asset sale versus astock saleand the subsequent transfer of slips that resulted. A
recent stock sale of a company had resultedin thatcompany challenging the city that they would
have to surrender the slips. The City Attorney, after weighing the options, decided to transfer the
moorage agreements and then bring about this ordinance to close the language to prevent this issue
coming up again in the future.
In responseto Butts, Earnhartsaid the sale of this particular company was a stock sale, but
the title to the vessels remained in the same name. Inthis case, thecompany was set up as a public
company, and they sold their stocks and argued that just because they sold the stocks didn’t mean
that their assets changed ownership. The stocks represented a controlling interest.
Long added that the documentation for the asset ownership did not change at all, and the
Internal Revenue Service had agreedwith that assessment.
In responseto Butts, Earnhartsaid the Public Use Doctrine came into play: submerged
tidelands were public property and the public had a right to access that property.The cityleased
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
accessrights to use the waters, but didn’t have the right tosell them. In respect to transferring
moorage with a sale, Earnhart added that slips were not available for outright purchase by anyone in
order to prevent amonopoly of ownership, thereby creating a phenomenon of a private entity
controlling access to what was public property.
otion Passed Unanimous
M
Resolution 2016-037, Authorizing The Purchase Of Services For The Design And Engineering
Of The DimondBoulevard From Hemlock Avenue To Fort Raymond Substation Transmission
Line From Dryden And Larue In The Amount Of $49,000 Plus A Contingency Of $4,900.
M
otion (Keil/Casagranda) Approve Resolution 2016-037
E
lectric Manager John Foutzsaidthis resolution would finish the design of the
transmission line that had beenhalted in 2010. This was being proposed as a sole source contract
because of the history and experience that Dryden and Larue possessed. Long added that the
development of the senior housing project was not the cause for this resolution, but the project would
be impacted by it.
In response to Butts, Foutz said this transmission line was above ground.
Motion Passed Unanimous
Other New Business Items
R
eview and Discussion ofDraft City Council Mobile Device Acceptable Use Policy. Council
reviewed and discussed the draft policy. Acting City Clerk Brenda Ballouexplained this policy
would come before council at their June 13, 2016 meeting in the form of a resolution to be approved
and formally adopted into the City Council Rules of Procedure.
D
iscussion on the Memorandum of Understanding concerning the Museum. McClure led the
discussion and stated that the current Memorandum of Understanding (MOU) was outdated and
needed to be reconsidered. Council directed administration to meet with the Resurrection Bay
Historical Society (RBHS) to discuss and develop an amendment to the current MOU. McClure
stated although she was a member of RBHS, she would prefer to be involved in the meeting to
represent council. Following the meeting, a proposed amended MOU would be brought back to
council.
INF
ORMATIONAL ITEMS AND REPORTS
C
ity of Seward Financial Reports through March, 2016.
L
etter to Mayor of Kushiro, Hokkaido, Japan accompanying goldpan for 2016 Funakogi Taikai
Award – Mayor’s Trophy.
COUNCIL COMMENTS
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
Altermattreiterated Cindy Clock’s comments encouraging the public to providefeedback
through the website for the Seward Railport Project. She thanked everyone who helped with the
nd
SewardHarbor Opening last Saturday and mentioned this had been the 22
year for this event. There
were about ten boats who participated in the boat parade during the event.
B
uttscongratulated Tom Clemons on his award.He reminded everyone that the Combat
Fishing Tournament would be this Thursday, May 26, 2016.
Casagrandathanked Wolfgang Kurtz for reapplying to the Historic Preservation
Commission. She commended Kurtz for volunteering at so many communityevents. Casagranda
congratulated Tom Clemons, and thanked the Police Departmentfor their quick response to the
break-ins that happened over the weekend. She reported that the Seward Flag Committee was
expecting to have update for council by the next meeting. Casagranda suggested the city create an
Adopt-A-Pot project for people to take ownership of the concrete planters.
Keilsaidshe was looking forward to the proposed flag design.She reminded everyone to be
safe and drive carefully this coming holiday weekend. Keil thanked Tom Clemons forhiscommunity
service. Keil also thanked Squires for being a good sportabout receiving the Older Americans
proclamation on behalf of the Senior Center.
Squiresthanked Tom Clemons and DavidBeardsley. He stated he wouldnot be here for the
June 13, 2016 councilmeeting. Squires reminded the public that in thiscommunity, flashing blue
lights on private vehicles meant they wereemergency vehicles, and drivers were obligated to yield
for them. Drivers who did not pull over could be fined and lose up to four points on their license for
a Failure to Yield citation; that consequence doubled for drivers of commercial vehicles.
McClurecongratulated Tom Clemons. She encouraged people to participate in Borough
Assembly meetings. At the June 7, 2016meeting the assembly would be passing the budget. Behind
Seward City Hall there was a spruce tree that had beenplanted in 1967, and a new sign had just been
installedexplaining its significance thanks to Lee Poleske and the Seward Boy Scouts.McClure also
mentioned that the Juriro Wada statue had been installed at the entrance to parking lot near Zudy’s.
McClure had attendedlast Thursday’swork sessionwhere there were eight people from the Alaska
Railroadin attendance. McClure was distressed, however, that there was nota quorum of council
members there to begin the meeting, and she admonished council to take their attendance at work
sessions just as seriously as council meetings.
B
ardarson congratulated Tom Clemons. She thanked Martha Flemingand GCI for their
assistance in broadcasting the council meetings.She reminded everyone that next weekend was
Memorial Dayand requested residents tobe safe, and encouraged everyone to tidy up their property
before the weekend.
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
CITIZEN COMMENTS
om Tougassaid Ordinance 2016-002 related to Kenai Fjords Tour’ssale to the Viad
T
Corporation via CIRIAlaska Tourism. He thought it was preposterous to think that the ownership of
those slips hadnot changed. He thought the history of the city’s slip process went back at least 40
years and that Viad should not be allowed to circumvent that process. There was an established
waitlist process for slips at the harbor, and Tougas considered this to be a fundamentally unfair
decision. Tougas said the Harbormaster’s office did an amazing job, but itwaswrong that Viad
didn’t have to wait.
Linda Lasotawas chair for the Historic Preservation Commission and treasurer for
Resurrection Bay Historical Society. She said the Historic Preservation Commission had asked the
Parks and Recreation Departmentto water the flowers at Hoben Park. Lasota thanked the City
Clerk’s office for their supportof the commission.She reported that the Historic Preservation
Commission had reviewed the full draft of the updated Historic Preservation Plan. Lasota said the
Historic PreservationCommission, as a body, was very interested in what happened at the museum.
She thanked council for putting the Herbert house on the SewardHistoric Register.
Willard Dunhamthanked council for their support for addressingtheflowercontainers. He
recalled the large concrete canisters were purchased by the city and the business owners had offered
to keep them up. Dunham thanked McClure for discussing the Resurrection Bay Historical Society
Memorandum of Understandingand added thatnext Thursday there would be a board meeting for
the Resurrection Bay Historical Societywho were very proud of the collection they hadamassed
over the past 37 years under the watchful eye of Lee Poleske. Dunham said Poleske hadworked for
free as the museum’s curator for 31 years. RBHS was concernedwith the periods of closures of at
the museum.
Cindy and David Beardsleysaid the Resurrection Bay Lions Club had been in Seward for a
long time, and recently had beentrying to find a service project.On behalf of the Lions Club, they
offered to take on the flower plantersas a service project.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Bardarsonsaidthank you very much to the Lions Club for taking care of the flowers in the
planters.
Longsaidthe RBHS collection was valuable, butit was impossible to think the
Library/Museum could be run withthe same budget as itused to have; challenges for resources
would continue. Long agreedwith Tom Tougas’ comments and said administration hadto rely on the
federally-issued documentation of certificationfor vessel ownership, and there had been no change.
Huntsaidadministration had beenconcerned and conflicted with thissale all the way along.
Earnhartsaidhe also agreed with Tom Tougas, but Earnhart believed there would be
considerable risk tothe city if they chose to fight this battle.
City of Seward, AlaskaCity Council Minutes
May 23, 2016 Volume 40, Page
Casagrandasaid she was looking forward to the unveiling of the boarded-up Orlander
building on Fourth Avenue. Hunt said he had been talking to the owner.
ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
____________________________________ ____________________________________
Bren
da Ballou, CMC Jean Bardarson
Acting City ClerkMayor
(City Seal)
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
L TO ORDER
CAL
The June 13, 2016regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
olice ChiefTom Clemons led the Pledge of Allegiance to the flag.
P
LL CALL
RO
There were present:
Jean Bardarson presiding and
Marianna KeilRistine Casagranda
Dale ButtsSue McClure
Deborah Altermatt
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Will Earnhart, City Attorney
Absent – David Squires
After Roll Call, Mayor Bardarson called for a Moment of Silencefor the victims of the June 12,
2016mass shooting in Orlando, Florida.
ZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
CITI
PUBLIC HEARING
Thom McAleer introduced himself as the Vice President of Alaska Denali Travel and Cook
Inlet Region Incorporated (CIRI) Alaska Tourism Corporation. He’d been involved with Alaska
tourism for over twentyyears.His company acquired 100% of the shares of CIRI this year, including
Kenai Fjords Tours (KFT). He emphasized his company was proud of contributing to and promoting
Alaska.McAleer addressed some public comments made at the last meeting. They did not violate
any laws and continued to operate honestly and with integrity.
Craig Ambrosianiintroduced himself as an applicant on the Planning and Zoning
Commission.He had been in Seward for the last 11 years, off and on.Ambrosiani had three children,
a finance background with a master’s in business, and he loved Seward.He currently worked in
health care finance and administration. He hoped to assist the commission on their mission to help
the community maintain balance between astrong economic base andasafe, family-friendly town.
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
PROVAL OF AGENDA AND CONSENT AGENDA
AP
otion (Keil/Casagranda) Approval of Agenda and Consent Agenda
M
Butts pulled the introduction of Ordinance 2016-003 off the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Ordinance 2016-004, Amending Portions Of Seward City Code § 2.05.035, Denial Of Request;
Appeal, To Establish A Customary Timeline To Appeal The Denial Of A Request For
Information. (Introduced and set for public hearing and enactment at the June 27, 2016 meeting)
Ordinance 2016-005, Amending Portions Of Seward City Code Titles 8, 9, And 15, Regarding
Requirements And Standards For Commercial Marijuana Establishments In The City Of
Seward.(Introduced and set for public hearing and enactment at the June 27, 2016 meeting)
Resolution 2016-038, Amending The City Council Rules Of Procedure To Incorporate A
Mobile Use Device Acceptable Use Policy And To Clarify Electronic Communications As It
Pertains To Public Meetings.
Resolution 2016-039, Authorizing The Discharge Of Fireworks By The Chamber Of
Commerce During The 2016 Fourth Of July Celebration.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Proclamation for Spring Creek Correctional Center Employee of the Year Jeremy
Sandy.
City ManagerReport. Jim Huntreportedthe following purchase orders between $10,000
and $50,000 were approved by him since the last council meeting:
$20,000to Metco from Parks and Recreation for D-1 grading, concrete blocks, and
construction mat.
$33,800 to McKenna from Roads and Streets for repaving patches of pavement.
$32,957.01 to T2 Systems from Parks and Recreation (Campgrounds) for Luke Pay
Stations.
$17,100 to EPS from Electric for Fort Raymond LTC Repair.
Assistant City Manager Ron Longstated they met with representatives from the Kenai
Peninsula Borough and were able to successfully avoid a one day a week closure of the landfill
during the summer time.In response to Casagranda, Long stated Nancy Perea was the Acting Public
Works Director.Administration was working to fill the director position, and Perea was working to
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
fill other positions within the Public Works Department.He added a new Museum Curator had been
hired and was already in Seward.
In response to Casagranda, Long clarified that when the council approved the FY 2016-2017
budget, they froze overtime for the general fund budgets, but enterprise funds like the harbor still
allowed for overtime.
McClure was excited about the changes at the National Park Service building in the harbor.
The removal of the “moat” was an improvement.She noticed the stenciling of the Iditarod trail
markers, which was also exciting.
In response to Butts, Long and Hunt stated any paving projects that could occur this summer
would be internal, and as time and money allowed.The big project with the state would happen next
year.
City AttorneyReport. Will Earnhart statedthe litigation with Orion was scheduled soon
and he was hopeful they would receive a decision within a month or so.Earnhart said he felt positive
about itthe city’s case.Collective bargaining with the IBEW Union for the Electric Department was
moving forward.The City Attorney had been working with administration on the commercial
marijuana regulations, and saw that title 10 of the Seward City Code appeared very outdated and
needed updating.
Other Reports, Announcements and Presentations– None
PUBLIC HEARINGS
Ordinance 2016-002, Amending Portions Of Seward City Code § 7.10.135.
Motion (Keil/Casagranda) Enact Ordinance 2016-002
Earnhart summarized the changes before the council.The harbor included tidelands, which
were publicly owned.The city had to make sure the public had accessand could not sell land nor
lease it in perpetuity.Typically, if someone had a slip and they sold their boat, the new owner would
be required to go on the waitlistfor a slip.There was a statement in the code that defined a person
with respect to qualifying interest.There were few exceptions to this.There was a large loophole
discovered recently in that the title didn’t change if ownership was a corporation with a sale of stock
ownership. Earnhart believed the city should look to close this loophole by better defining what a
qualifying interest was.He emphasized the change would not be retroactive and wouldn’t affect any
sales that already occurred.From now on, if this ordinance was enacted, the sale would require the
boat owners of a new sale to go back on the waitlist for slips.Qualifying interest would be defined to
include controlling interests.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Ron Willewas pleased to hear from the attorney that this proposed change would not be
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
retroactive to past transactions.He stated the boat harbor played a major role in Seward’s economic
success.He asked council to take their time to review this proposed change and to make a thoughtful
decision because going forward this affected a lot of businesses and people in town.It was one
sentence to put in the code, but had serious ramifications.
No one else appeared to address the Council and the public hearing was closed.
Buttsasked if this change was something that later on council could change if there were
some qualifying elements to allow selling a slip with a vessel.Earnhart said as long as the city
protected the tidelands and didn’t lease in perpetuity, the council could carve out any exception
anytime they wanted to.They could also always revise this languageif needed.Earnhart cautioned
the council that it could be dangerous territory to give special exceptions.It was possible to explore
exceptions as commerce and businesswere essential to Seward,but it was also important to treat all
businesses the same.
Altermatt thought making this change would make it difficult to reverse the decision.She
was somewhat against this idea because she wasn’t sure it was fair to put this restriction on
corporations.
Earnhart understood Altermatt’s concern, but stated that they found this to be the most
consistent practice.Long stated the city was trying to further clarify their position on the sale of slips.
He feared the idea of privatizing the harbor.
Altermatt didn’t agree with the termthat they would be privatizing the harbor.She agreed
they needed to do something about it, but didn’tlike this approach.As long as a corporation was
acting in the same capacity, the slips should be transferable.She thought they could be more business
friendly in the harbor.
Motion Passed Yes: McClure, Keil, Butts, Bardarson
No: Altermatt, Casagranda
NEW BUSINESS
Ordinances For Introduction
Ordinance 2016-003, Amending The Zoning Map Designation Of Lots 11 And 12, Block 7,
Federal Addition, From Single Family Residential (R1) To Two-Family Residential (R2) In
Compliance With The Land Use Plan, Located At 700 Second Avenue.
Motion (Keil/Casagranda) Introduce Ordinance 2016-003
Long referred the current zoning map and the land use mapin the council’s packet.He noted
the density level (dwelling units per acre) would not change;and theparking requirements would
remain the same.The Planning and Zoning Commission recommended enactment as did
administration.McClure requested a color code on the maps at the next meeting.
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
Butts asked if this was spot zoning. Long said it was not, and noted it wasmoving towards
being more in linewith the Land Use Plan and the Comprehensive Plan.
Altermatt received a comment from an adjacent land owner who had no complaints with this
proposed change.
Casagrandaasked if staff had considered doing any type of housing study simultaneously
with the update of the Comprehensive Plan. Long felt administration would have a chance to do a
better job with that type of study after hearing some feedback as the Comprehensive Plan was being
updated.
Motion Passed Unanimous
(the ordinance was set for public hearing and enactment for the June 27, 2016 meeting)
UNFINISHED BUSINESS – None
NEW BUSINESS
Other New Business Items
Vote to appoint two candidates to the Planning and Zoning Commission with a term expiring
February 2018 and a term expiring February 2019.Applicants are: Carol Griswold, Craig
Ambrosiani, and David Carlton.
City Clerk Johanna Kinney passed out ballots to council then collected them and read the vote
count as follows: 6votes for Craig Ambrosiani, 4 votes for David Carlton, and 2 votes for
Carol Griswold.Ambrosiani was appointed to the commission with a term expiring February
2019, and Carlton was appointed to the commission with a term expiring February 2018.
INFORMATIONAL ITEMS AND REPORTS– None
UNCIL COMMENTS
CO
Altermattthanked the Planning and Zoning Commission applicants for putting their names
forward for consideration.
B
utts expressed glee for having to make a decision tonight to appoint the citizens to the
Planning and Zoning Commission. That,and the great weather they were having.
Casagranda echoed the first two comments made by Altermatt and Butts.
Keil thanked the Lion’s Club for taking on the plants downtown and reminded they needed
watering.It was a nice addition.She congratulated Ambosiani and Carlton and thanked Griswold for
their applications on the Planning and Zoning Commission.
City of Seward, AlaskaCity Council Minutes
June 13, 2016 Volume 40, Page
McClure thanked the applicants for applying to the Planning and Zoning Commission.She
recently attended a Lowell Point Community Council Bar-B-Q and heard Mac Eads speak about
building Lowell Point Road.It was a fascinating story and element of Seward’s unique history.The
road was built in 1961 on a state grant of $48,000, and it took three months to build it.McClure
encouraged the public to attend the annual Solstice Cemetery Tour hosted by herself and Lee
Poleske.
ardarson encouraged the public to get out and enjoy the weather but to please be careful
B
when making fires. She welcomed the new Museum Curator to the city.
Long said it was great to see multitude of commission applicants.
Hunt added Fire Department’s new ladder truck would be arriving in Anchorage tomorrow.
Casagranda added an update of the Seward Flag Committee.The judging committee did
determine a final design but it was confidential at this point, but would soon be unveiled.
CITIZEN COMMENTS
Maureen Sheehan thanked Casagranda for meeting with heron the Seward Recreation
Committee.They last met in 2015.Sheehan would like to stay involved with the committeeas she
thought it was exciting to plan a project for the youth of Seward.She thanked the city for working on
repairing the streets and making them more ADA accessible.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Bardarson noted council did not reappoint the recreation committeethis year, but said the
committee could still to meet on their own as a citizen group to continue their efforts.
ADJOURNMENT
The meeting was adjourned at 8:16 p.m.
________________________________________________________________________
Johanna Kinney, CMC Jean Bardarson
City ClerkMayor
(City Seal)
From:Wall, Bruce
To:CMC Sandra Modigh (smodigh@kenai.city);Donna Glenz;Economic Development + Planning
(planning@ci.soldotna.ak.us);Helyn Schoepke (kachemak@xyz.net);Homer Clerk (clerk@cityofhomer-ak.gov);
Johanna Kinney;Matt Kelley - City of Kenai (Business Fax);Planning Department (Planning@ci.homer.ak.us);
Shellie Saner (ssaner@ci.soldotna.ak.us)
Subject:KPB Ordinance 2016-25
Date:Wednesday, June 15, 2016 3:21:30 PM
Attachments:Memo (6).pdf
O2016-25.pdf
Map.pdf
The attached ordinance is scheduled to be introduced to the KPB Assembly on June 21, 2016. A
public hearing on this ordinance is scheduled with the KPB Planning Commission on July 18, 2016
and the KPB assembly on July 26, 2016. The Borough welcomes your city’s comments on this
proposed ordinance.
Bruce Wall, AICP
Planner
Kenai Peninsula Borough
907-714-2206
NOTE: This message was trained as non-spam. If this is wrong, please correct the training as
soon as possible.
Spam
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Forget previous vote
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Introduced by:Johnson
Date:06/21/16
Hearing:07/26/16
Action:
Vote:
AS 29.40.020(a) requires that planning commission membership be apportioned
so that the number of members from home rule and first class cities reflects the
proportion of borough population residing in home rule and first class cities
located in the borough; and
all members are subject to appointment by the mayor and confirmation by the
assembly, provided that members from home rule or first class cities must be
selected by the mayor from a list of recommendations submitted by the city
council; and
KPB 2.40.010 currently provides that the planning commission shall include
one member from each first class or home rule city of the borough, which is not
required by statute, and that the number of remaining members from areas in the
borough outside such cities must comply with the statutorily required
apportionment; and
based upon the 2010 US Census figures, the commission would have to be
increased by either one or two members to satisfy the statutorily required
apportionment figures if the planning commission continues to include one
member from each first class or home rule city of the borough; and
it is not in the best interest of the borough to further increase the number of
members appointed to the planning commission; and
the KPB School Board is composed of nine members; and
,the KPB Assembly is composed of nine members; and
,at its meeting of June 13, 2016 the planning commission recommended ;
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That KPB 2.40.010 is hereby amended as follows:
In accordance with AS 29.40.020(A):
A.The planning commission shall consist of \[A MAXIMUM OF THIRTEEN\]
nine members including \[ONE MEMBER FROM EACH\]three members from the
first class \[OR\] and home rule \[CITY\]cities of the borough and the remainder
apportioned so that the number of members from home rule and first class
cities reflects the proportion of borough population residing in home rule and
first class cities located in the borough. The members from the first class or
home rule cities of the borough \[ARE\]shall be appointed as follows:
\[1.K ENAI
2.S OLDOTNA
3.S EWARD
4.H OMER
5.S ELDOVIA\]
One member from the City of Seward, one member from either the City of
Kenai or the City of Soldotna, and one member from either the City of Homer
or City of Seldovia.
Members representing a city shall be selected by the mayor from a list of
recommendations submitted by the city council and confirmed by the
assembly.
B.One planning commissioner from outside of first class and home rule
cities shall be appointed by the mayor and confirmed by the assembly from
each of the following areas as generally described below and depicted in the
map on file at the borough clerk's office bearing the borough seal and
identified as the planning commission apportionment map approved in
Ordinance \[2001-29\] 2016-. The sections described in the map and below
provide guidelines from which deviations are permitted consistent with the
intent that commissioners reside in areas throughout the borough:
1.\[6.\] East Peninsula;
2.\[7.\] Southwest Borough;
3.\[8. A NCHOR P OINT/N INILCHIK\]Kasilof/Ninilchik/Anchor Point;
\[9.K ASILOF/C LAM G ULCH;\]
4.\[10.\] Kalifornsky Beach
5.\[11.\] Ridgeway/Sterling/Funny River;
\[12.S TERLING;\]
6.\[13.\] Northwest Borough.
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Transition. Existing seats of planning commission members from each area
within the four new areas whose terms expire first shall not be filled.
That this ordinance takes effect on August 1, 2016.
Blaine Gilman, Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
Yes:
No:
Absent:
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¹¹¹¹¹
Map Date: 5/17/2016
Seward
assumes no responsibility
for any errors on this map.
EAST
The Kenai Peninsula Borough
only of best available sources.
is for a graphical representation
The information depicted hereon
PENINSULA
ALASKA
GULF OF
STERLING,
RIDGEWAY,
FUNNY RIVER
H
C
A
E
SOUTHWESTBOROUGH
B
ANCHOR POINT
Y
K
S
KASILOF, NINILCHIK,
Miles
N
R
Soldotna
O
Kenai
F
Homer
I
L
A
K
65
2040
Seldovia
10
BOROUGH 0
NORTHWEST
COOK INLET
BOROUGH
SOUTHWEST
Proposed Planning Commission Apportionment Map
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