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Home My WebLink About09252006 City Council Packet Resurrection Bay, September 2006 September 25, 2006 City Council Chambers Beginning at 7:30 p.m. The City of Seward, Alaska September 25, 2006 Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Term Expires 2006 Robert Valdatta Council Member Term Expires 2007 Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Term Expires 2007 Dorene M. Lorenz Council Member Term Expires 2006 Jean Bardarson Council Member Term Expires 2006 Clark Corbridge City Manager Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney City Council Meeting Council Chambers 1. 2. 3. 4. 7:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. October is Fire Prevention Month....................... ...Pg. 4 2. Lost Lake Run Proclamation for Marsha Vincent..... ...Pg. 5 3. Unveiling of Hoben Park Interpretive Panel to Council B. Borough Assembly Report C. City Manager's Report D. Report on PERS by Finance Director Kris Erchinger E. City Attorney Report F. Chamber of Commerce Report G. Planning and Zoning Commission Report H. Other Reports, Announcements and Presentations 1. Mile 0-8 update by DOT Project Engineer Allen Drake. 5. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.} 6. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] City of Seward, Alaska September 25, 2006 Council Agenda Page 1 7. PUBLIC HEARINGS A. Ordinances for public hearing and enactment 1. Ordinance 2006-10. Amending The Land Use Plan And Rezoning Of Lot 7a, Block 17, Federal Addition Clark-Tougas Preliminary Replat From Single Family Residential (Rl) To Auto Commercial (Ac) And Lot 9a, Block 17, Federal Addition Clark-Tougas Preliminary Replat From Single Family Residential (RI) To Two Family Residential (R2). ............................................................................................ ..Pg. 6 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2006-95, Opposing The Alaska Railroad's Permit Request To The Alaska Department Of Environmental Conservation To Spray An Herbicide Mixture Along The Railroad Right-Of-Way Inside Seward City Limits. .....................................Pg.15 9. NEW BUSINESS A. Ordinance for Introduction 1. Ordinance 2006-11 amending the Land Use Plan and Rezoning Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS). ......................... .Pg. 17 B. Resolutions *1. Resolution 2006-97, authorizing the city manager to purchase an elliptical cross trainer, upright bike, recumbent bike, stair climber and a treadmill, plus a $300 delivery set up fee, for a total of $15,675........................................................... ...Pg. 29 2. Resolution 2006-98. authorizing the city manager to enter into a contract with Swenson Construction for the construction of one waterfront pavilion in an amount not to exceed $397,000 and appropriations. ........ ................. ... ......................... .Pg. 32 3. Resolution 2006-99, authorizing the payoff of the Seward General Hospital unfunded Public Employees Retirement System liability in the amount of$I,708,125.74, and authorizing inter fund loans in the same amount. ................................ ....Pg. 38 4. Resolution 2006-100, approving and adopting the financial forecast of the 2006 Seward Conference Facility feasibility report prepared by the University of Alaska, Anchorage Center for Economic Development and Agnew Beck and tasking administration to draft a request for proposal for the marketing, operation, and management of the planned conference center in the Mary Lowell Center to a non- profit............................... ............................................................. .Pg. 42 City of Seward, Alaska September 25, 2006 Council Agenda Page 2 5. Resolution 2006-101, authorizing payment in the amount of $28,100 to the State of Alaska Department of Health and Social Services, as application fee for the Certificate of Need for a Long Term Care Facility to be located in Seward. ..................... .Pg. 46 C. Other New Business Items *1. Approval of the August 28, 2006 regular city council meeting minutes. .. ....Pg. 48 *2. Approval of the transfer of LOCATION of liquor license for BPO Elks Lodge #1773 from 4th Avenue to 419 5th Avenue. ......................................Pg.58 3. Schedule a work session to discuss the SMC Dock. 4. Discussion of whether or not to issue a letter of support for Fish and Game Proposal 6 (Dunham). .............................. . .. . . .. . .. . .. . . .. .. . .. .. . . .. . .. . .. . .. . .. . . Pg. 65 5. Discussion of evaluation forms and changes. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENT 14. ADJOURNMENT City of Seward, Alaska September 25, 2006 Council Agenda Page 3 Sponsored by: Plannin!! and Zonin!! Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2006-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING OF LOT 7A, BLOCK 17, FEDERAL ADDITION CLARK-TOUGAS PRELIMINARY REPLAT FROM SINGLE FAMILY RESIDENTIAL (Rl) TO AUTO COMMERCIAL (AC) AND LOT 9A, BLOCK 17, FEDERAL ADDITION CLARK- TOUGAS PRELIMINARY REPLAT FROM SINGLE FAMILY RESIDENTIAL (Rl) TO TWO FAMILY RESIDENTIAL (R2) WHEREAS, an applicant has requested a rezone of Lots 7, 8, and 9, Block 17, Original Townsite of Seward, Federal Addition from Single Family Residential (Rl) to Auto Commercial (AC); and WHEREAS, the Seward Planning and Zoning Commission recommended a rezone based on the Clark-Tougas preliminary replat Lots 7A and 9A, Block 17, Federal Addition (as displayed in Exhibit A attached hereto); and WHEREAS, the size of the land being rezoned is approximately one third of an acre; and WHEREAS, the Seward City Code allows the rezone of less than one acre when the land is contiguous to the requested zoning district, SCC 15.01.035, Amendments, (b) (3); and WHEREAS, although changing the zoning of this area to Auto Commercial is not supported in the Comprehensive Plan or the Land Use Plan, current zoning to the East allows this rezone; and WHEREAS, the official zoning map described in SCC 15.01.030 will have to be amended for Lot 7A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (Rl); to Auto Commercial (AC) and the official Land Use map will have to be amended from Two Family Residential (R2) to Auto Commercial (AC) in response to this rezone; and WHEREAS, the official zoning map described in SCC 15.01.030 will have to be amended for Lot 9A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (Rl) to Two Family Residential (R2); and 06 City of Seward Ordinance No. 2006-10 Page 2 of3 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 August 1, 2006 meeting, the Planning and Zoning Commission reviewed the applications, held public hearings 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 Land Use Map of the City is hereby amended by changing the land use designation of Lot 7 A, Block 17, Federal Addition Clark-Tougas preliminary replat from Two Family Residential (R2) to Auto Commercial (AC) (as displayed in attached preliminary replat) Section 2. The official Zoning Map of the City is hereby amended by changing the zoning designation of Lot 7 A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (Rl); to Auto Commercial (AC) (as displayed in attached preliminary replat) Section 3. The official Zoning Map of the City is hereby amended by changing the zoning designation of Lot 9A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (Rl) to Two Family Residential (R2); (as displayed attached preliminary replat) Section 4. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: ~'? Council Agenda Statement Through: September 11, 2006 Clark Corbridge, City Manager ()JL q -)-tl~ Donna Glenz, Planning Assistant r oVSI;I$:<t :I....~1! ... "I" > 0 (.i 9"::'#.'v.__d-." .;;:~;. ~(AS"''' Meeting Date: From: Agenda Item: Amending the Land Use Plan and Zoning Designation of Lot 7 A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (R1) to Auto Commercial (Ae) and Lot 9A, Block 17, Federal Addition Clark-Tougas preliminary replat from single family residential (R1) to two family residential (R2) BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Ordinance 2006- 10 amending the Land Use Plan and Rezoning of 7 A, Block 17 , Federal Addition Clark-Tougas preliminary replat from Single Family Residential (R1) to Auto Commercial (Ae) and recommend the rezoning of Lot 9 A, Block 17, Federal Addition Clark - Tougas preliminary replat from single family residential (R1) to Two Family Residential (R2) (as displayed in Exhibit A attached hereto). The applicants are requesting this rezone in order to provide land suitable for future commercial uses allowed within the Auto Commercial District and bring the second single family unit on Lot 9A into zoning compliance. The lots directly to the East, across the alley, are currently zoned Auto Commercial and Central Business District. The lots directly North and South are currently zoned Single Family Residential (R1) and the lots to the West are currently zoned Urban Residential (UR). The current uses on the lots to the North consist of the Seward Volunteer Ambulance barn and single family homes. The uses to the South are single family and a multi family unit. The uses to the West are single family. The uses to the East are the Alaska Heritage Tours Warehouse and the Phoenix Building. Lot 7 A being considered for rezone is approximately 90 X 100 feet, at approximately 9,000 square feet. Lot 9A being considered for rezone is approximately 60 X 100 feet, at approximately 6,021 square feet. The total land area of the requested rezone is approximately 15,000 square feet, which is roughly one third of an acre. The land area meets the minimum size required for a rezone request, as per see 15.01.035, Amendments, (b) (3) "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 requested zoning change for Lot 7A is contiguous to the Auto Commercial Zoning District as adopted by the Land Use Plan with the lot directly to the East owned by Alaska Heritage Tours. The requested zoning change for Lot 9A brings the parcel into conformance with the Land Use Plan. In order for Lot 7A to be rezoned, the underlying Land Use Plan will also have to be amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area be zoned Two Family Residential (R2). see 15.05.025. Land nse districts--Established, definitions a) Established. The city is hereby divided into land use districts which shall be bounded and dejined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. The current zoning of the area requested for rezone is Single Family Residential (R1) defined in SCC 15.05.025 (b). as Intended to provide for stable and quiet low to medium density (one to jive dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such district. The requested zoning change of Lot 7A is Auto Commercial (AC) defined in SCC 15.05.025 (b). as Intended to provide areas to accommodate highway oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The requested zoning change of Lot 9A is Two Family Residential (R2) defined in SCC 15.05.025 (b). as Medium density (one to seven dwelling units per acre) transitional housing area with a mix of single and two-family units, free from other uses except those which are both compatible and convenient to residents of such a district. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Two-family residential (R2) Recognizing that the primary concern of all land use regulatory actions, including zoning is to promote public health, safety and general welfare, as per SCC 15.01.010. and SCC 15.05.020. Land use plan-Purpose states: A part of the comprehensive plan is the development of a land use classification system on which to base zoning and to guide the land use regulation system. Such a classification system should provide a balanced, compatible land use mix, in order to separate incompatible uses and minimize conflict between land uses. Staff did not recommend this rezone to the Planning and Zoning Commission for several reasons: O~~ 1. The current Land Use Plan adopted by the 2020 Comprehensive Plan recommends this area remain residential by adopting the recommendation of Two Family Residential. 2. The Land Use Plan recommends the Auto Commercial Zoning District and the uses associated with that zone remain connected to Third and Fourth Avenue due to the nature of these uses. 3. The lots requested for rezone are located on Second Avenue which serves as a secondary residential street. CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2020) l As stated above, this plan recommends the area remain residential. (9A) (7A) 2. Land Use Plan (2006) l l While this Plan does not support the rezoning of Lot 7 A to Auto Commercial (AC) it does support the rezoning of Lot 9A to Two Family Residential (R2). (9A) (7A) 3. Strategic Plan (1999) l l - The Strategic Plan supports the implementation of the Comprehensive Plan and encourages bringing the Zoning Map into conformance with the Land Use Plan. As required by the City Code, neighboring property owners within 300 feet of the area subject to review were notified of the proposed rezone and amendment to the Land Use Plan prior to review at public hearings held by the Seward Planning and Zoning Commission, August 1, 2006. At the August 1, 2006 Planning and Zoning meeting the Commission approved Resolution 2006-16 recommending City Council approval of the attached Ordinance 2006-XX, amending the Land Use Plan and Rezoning Lot 7A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (R1) to Auto Commercial (AC) and the rezoning of Lot 9A, Block 17, Federal Addition Clark-Tougas preliminary rep1at from single family residential (R1) to Two Family Residential (R2). FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department ~ ~ J '-; 10 RECOMMENDATION: The Seward Planning and Zoning Commission recommends: September 11,2006: Council introduce Ordinance 2006-XX amending the Land Use Plan and Rezoning Lot 7A, Block 17, Federal Addition Clark-Tougas preliminary replat from Single Family Residential (Rl) to Auto Commercial (AC) and the Rezoning of Lot 9A, Block 17, Federal Addition Clark-Tougas preliminary replat from single family residential (RI) to Two Family Residential (R2). September 25,2006: Council conducts a public hearing and adopts Ordinance 2006-:/0 ,.;\;'. 11 I 1 ___J ---~- T- I I ICD I C- C) I 10 I <0 I QJ IQ '" I If) ~ " I [ I '" '" I I 'J ~ I __1- L_ ~ m i ~ ~~~ ~ ~"E. ::Tl:~ ~g~ Q:S'" ~g~ g g ;:> ;:oa.li ,g; g a. ""U c: n er .. 0(11,< )> g!:;o --< . J )> . 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Legend ~I .--, II ~ Rural Residential j \ ~,~ Single Family Residential II ' 0 Two Family Residential f 1 Multi Family Residential I F~ Urban Residential \ I t701 OffICe Residential \ K",:_".;-:-"."',j Harbor Commercial : ~ I _ Auto Commercial II ,~.., ,I ~ Central Business District \ ! _ Industrial I c-"]Instttutlonal II 1.:.:.1 Pari< 1\ ._....""'.~, II L-J Resource Management 1 J ~ ~ ~ tZl :J < L "tj ~ ~ 1"'= I:I: ~ co z ;g; ..- ~ f- ...... ~ ., (j- . :.J , ~ ~ ..- ~ .- .......If r:: ra ..- {.j ...- r~ (is (J~ JL 14' Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING THE ALASKA RAILROAD'S PERMIT REQUEST TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO SPRAY AN HERBICIDE MIXTURE ALONG THE RAILROAD RIGHT-OF-WAY INSIDE SEWARD CITY LIMITS WHEREAS, the Alaska Railroad has railroad tracks inside the city limits of Seward in close proximity to residential and community facilities; and WHEREAS, the Alaska Railroad tracks cross over anadromous rivers and streams that are sources of food for human and wildlife populations; and WHEREAS, the citizens of the City of Seward have consistently opposed the use of herbicides by the Alaska Railroad due to the adverse human health and environmental effects of herbicides; and WHEREAS, the Alaska Railroad has other non-herbicide alternatives and vegetation management techniques to address the vegetation problem. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council of the City of Seward opposes granting a permit to the Alaska Railroad for the purpose of spraying an herbicide mixture along the railroad right- of-way inside Seward city limits. Section 2. This resolution to take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 th day of September, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor ..iV' 15 Agenda Statement Meeting Date: September 11, 2006 To: Mayor Shafer and Council Members From: City Administration (JjL q -6 - 0 ~ Agenda Item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING THE ALASKA RAILROAD'S PERMIT REQUEST TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO SPRAY AN HERBICIDE MIXTURE ALONG THE RAILROAD RIGHT -OF- WAY INSIDE SEWARD CITY LIMITS BACKGROUND & JUSTIFICATION: The Alaska Railroad has requested a permit from the Alaska Department of Environmental Conservation to spray herbicide along the railroad right-of-way. Railroad tracks cross the Resurrection River and are in close proximity to smaller streams throughout the City of Seward. Considering the adverse effects of these herbicides on humans and wildlife and the non-herbicide alternatives and vegetation management techniques available to control weeds, permits to use herbicides on tracks within Seward city limits should not be considered. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other: 4. Not applicable FISCAL NOTE: N/A IflV RECOMMENDATION: The City Council opposes the Alaska Railroad's request to the Alaska Department of Environmental Conservation to spray herbicide along the railroad right-of-way. '"' 16 Sponsored by: Plannin!!: and Zonin!!: Commission Introduction Date: 9/25/06 Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2006-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING OF FOREST ACRES TRACT A, SEWARD LONG TERM CARE FACILITY SUBDIVISION (PRELIMINARY PLAT) WHEREAS, the City of Seward has requested a rezone of Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS); and WHEREAS, the single parcel known as Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) is proposed to provide land for the development of the community Long Term Care (LTC) facility and other healthcare expansion opportunities; and WHEREAS, the size of the land being rezoned is approximately 27.5 acres; and WHEREAS, the properties to the South and East are zoned Rural Residential, the properties to the West and North are zoned Resource Management; and WHEREAS, providing land for the development of the community health care needs is supported in both the Comprehensive and Strategic Plans and will be beneficial for the community at large; and WHEREAS, the official Zoning Map and Land Use Map described in SCC 15.01.030 will have to be amended from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) in response to this zoning and land use map change; and WHEREAS, as required by Title 15 of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet and in addition all local property owners who use the Forest Acres road network were notified ofthe proposed zoning and land use change, and the property was posted with public notice signs; and WHEREAS, at the September 5, 2006 meeting, the Planning and Zoning Commission, held the public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. _:L' 17 City of Seward, Alaska Ordinance 2006-11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Changing the land use designation of the Forest Acres, Tract A, Seward Long Term Care Facility (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) hereby amends the official Land Use map of the City. (as displayed in attached preliminary replat) Section 2. Changing the zoning designation of the Forest Acres, Tract A, Seward Long Term Care Facility (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) hereby amends the official Zoning map of the City. (as displayed in attached preliminary replat) Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of October, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 18 Council Agenda Statement Meeting Date: September 25, 2006 Clark Corbridge, City Manager {jJt Donna Glenz, Planning Assistant Through: From: Agenda Item: Approval of Ordinance 2006-11, which will amend the Land Use Plan and rezone the area of Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS). BACKGROUND & JUSTIFICATION: Attached for the City Council review and adoption is Ordinance 2006-XX, amending the Land Use Plan and Rezoning of Forest Acres Tract A, Seward Long Term Care Facility Subdivision (preliminary plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS) (see attached maps). The City of Seward is requesting this rezone in order to provide land suitable for the relocation of the community's Long Term Care (LTC) facility. The parcel to be known as Tract A contains approximately 27.5 acres. The vast majority is currently zoned Rural Residential with Lots A V, A W, CK, CL, and the northern third of the levee easement area zoned Resource Management. Changing the current Zoning and Land Use Maps to Institutional Zoning will allow the relocation of the community LTC facility and future healthcare expansion possibilities with a conditional use permit (CUP), as per Table 15.10.225, Land Uses Allowed. Forest Acres, Tract A, (preliminary plat) is bordered to the South and East by Rural Residential zoning and to the West and North by Resource Management zoning. Rural Residential areas to the South and East are designed for larger lots and single-family homes. Resource Management areas to the North and West are generally large undeveloped areas with no public services or utilities. By Resolution 2006-04, on January 9, 2006 the Seward City Council endorsed Seward's Long Term Care Facility as an official Green House@ project. On June 12, 2006, by Resolution 2006- 71 City Council directed the City Manager to proceed with the acquisition of the parcel now proposed as Tract A to provide land for the development of the community's LTC facility and other healthcare expansion opportunities. And on July 24, 2006, by Resolution 2006-83 the City Council selected the fmal site layout of the community LTC facility. J\j 19 The Seward City Code 15.05.025 defmes the Institutional district (INS) Public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area. Recognizing the primary concern of all land use regulatory actions including zoning, is to promote public health, safety, and general welfare, as per SCC 15.01.010, administration recommends this rezone for several reasons: 1. This rezone will provide more land for the health care needs of the community, specifically for the proposed LTC facility. The intent for the LTC facility is to have a campus like setting which will feature five buildings versus one large structure. The campus setting promotes a "home" environment within a residential setting with landscape buffers between the adjacent roads, versus the traditional medical institutional setting. 2. While there are limitations involved with attempting to prioritize health care land use needs over the land use needs for single family homes or any other activities, the community has a very limited selection of land available for a health care facility, whereas more options are available for land for single family homes. 3. The 2020 Comprehensive Plan and the 1999 Strategic Plan encourage improving the health care capacity of the community. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan (2020) -.--X The Comprehensive Plan states "Relocate the [LTC] facility and the hospital to a site which will support expansion and modernization". (page 26). 2. Strategic Plan (1999) X -- The Strategic Plan states "Weare a community that provides an integrated array of health care services designed to protect and improve the quality of life for all citizens". (page 19) As required by Seward City Code, property owners within three hundred (300) feet of Tract A, and in addition all local property owners who use the Forest Acres road network were notified of the proposed rezone action in order to provide more opportunity for public involvement and the property was posted with public notice signs. PLANNING AND ZONING REVIEW At the September 5, 2006 Planning and Zoning meeting the Commission approved Resolution 2006-20 recommending City Council adopt Ordinance 2006-XX, amending the Land Use Plan and Rezoning of Forest Acres Tract A, (preliminary plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS). However, the Planning and Zoning Commission unanimously supported Council amending the Ordinance by adding a new Section 3 as follows: 20 Section 3. The land use designation change and zoning map amendment described in Sections 1 and 2 is subject to the following special limitation: A 100 foot low density residential buffer be maintained along Tract A adjacent to Rural Residential areas. STAFF REVIEW OF PROPOSED AMENDMENT Upon code review of this recommendation staff respectfully does not recommend Council amend the attached Ordinance, adding the proposed Section 3 for the following reasons: 1. The current Seward City Code 15.10.225 Land Uses Allowed Table, does not allow individual residential dwelling units of any kind (not associated with nursing, retirement or convalescent housing) in the Institutional Zoning District. 2. "Low density residential" is defined in the Seward City Code 15.05.025 (b) Definitions-Purpose "Intended to provide for stable, quiet low density (one or two dwelling units per acre) detached single-family residential development. . . " A new definition of "low density" that applies to only one parcel of land is inconsistent with the reminder of the zoning code. 3. "Dwelling" is defined in the Seward City Code 15.10.140 Definitions, as "A building designed or used exclusively as living quarters for one or more families." 4. "Dwelling Unit" is defined in the Seward City Code 15.10.140 Definitions, as "A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family." 5. "Convalescent or nursing home" is defined in the Seward City Code 15.10.140 Definitions, as "A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care." While the proposed LTC "residential homes" are residential in appearance and flavor they are definitely classified as retirement/convalescent housing in usage. The residents of these "homes" require twenty-four hour per day staff support. These "homes" are not family "dwellings". The intent of the Planning and Zoning Commission and City Administration is not to exclude these LTC residences or residential homes from the adjacent streets, but to ensure that the residential feel is maintained, now and in the future, along the roads bordering the LTC facility. In summary, if Council chooses to amend the Ordinance using the proposed Planning and Zoning amendment Section 3, this amendment would cause a couple of conflicts. As the proposed Section 3 amendment is currently written, the LTC residences would not be allowed because these homes do not meet the "low density" definition as outlined in the Seward City Code. Nor could residential homes, included in the definition of "low density" be built in this buffer because residential homes are not allowed in the Institutional zoning district. , \ .' . 21 If council would like to require dwellings on the LTC site that are unrelated to the LTC facility, this would be more appropriate as a condition of the CUP and should be based on factual findings to support the need of such condition. Recently the Seward Planning and Zoning Commission approved a conditional use site for the LTC facility. The intent of the Commission's recommendation to Council has already been accomplished by the CUP. One of the conditions is: 4. Development within 100 (one hundred) feet of Afognak Avenue, Cottonwood and Maple Streets will be restricted to 10 (ten) resident homes effectively screening the more commercial uses of the remainder of the parcel from the Rural Residential areas of Forest Acres. The administration believes that this condition negates the need to include the Commission's proposed language in the rezoning ordinance. The conditional use permit uses language that more accurately describes the intent, which is to allow the "residential" type structures used for convalescent care along the residential streets while restricting other institutional development or types of structures to other areas on the site. Any difference in wording between the zoning classification and CUP condition could cause further inconsistent interpretations. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. I Approved by Finance Department ~ RECOMMENDATION: Staff respectfully recommends Council introduce and adopt Ordinance 2006-XX as written (without the Planning and Zoning recommended new Section 3) September 25,2006: Council introduces Ordinance 2006-XX as written, amending the Land Use Plan and Rezoning Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS). October 9, 2006: Council conducts a public hearing and adopts Ordinance 2006-XX amending the Land Use Plan and Rezoning Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS). !~ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-20 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND REZONING OF TRACT A, SEWARD LONG TERM CARE FACILITY SUBDIVISION (PRELIMINARY PLAT) WHEREAS, the City of Seward has requested a rezone and amendment of the Land Use Plan for Tract A, Seward Long Term Care Facility (preliminary plat) from Rural Residential (RR) and Resource Management (RM) to Institutional (INS), and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2006-_ 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 5th day of September 2006. , ~ 23 Seward Planning and Zoning Resolution No. 2006-20 Page 2 THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: Smith, Anderson, Clark, Hohl, Roach' , Strobel, Keil None None None ATTEST: Jean Lewis, CMC City Clerk (City Seal) ~;l. 24 1 '. i8 'i~ lj r: I 1 ; i I I! I J~ I I" I ~ go i 1>.:-,: !l~,l II I, ~ oj! l~ I~i a, I" _ol;~ _oS-E .~ ,., ,! 11 i II I' II 18 I. , ~~ i~ 11,1 IJ I~ " II II I' I' " on t ! ~ I~i 1.'0 I~~~ IH~ ij , " I I I ~ \L-"""",,,,,~,,,,._-.=l-~==~.~J=~=.J ~.. ~ 1. ~. lJJY15 J7dWI ~..l " " .~~ lJll.ro.ooS l.<JO,~S ,lL1lll1 IIl-o&l 1.6l,romS '~ . ~ . ~ , , ~ ! ! !;~ .0 ~ ~g~ : ,.a ~ Il(!~ ,. . 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CO ~ ~ ~ ~t--\OCt) Q) ~:2~'O en tJ ~ :i ('q :J ~O~:S 0...,1:1 "C ~l2oo;0 C ~ u o 0 CO -I 28 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE AN ELLIPTICAL CROSS TRAINER, UPRIGHT BIKE, RECUMBENT BIKE, STAIR CLIMBER AND A TREADMILL, PLUS A $300 DELIVERY SET UP FEE, FOR A TOTAL OF $ 15,675 WHEREAS, a portion of the Parks and Recreation Department operating budgets includes payment to A VTEC (Alaska Vocational Technical Center) for the use of their Student Services Center for public recreation; and WHEREAS, for many years now, we have enjoyed the opportunity to mutually improve the recreation programs through Rent Credit, rather than cash payments; and WHEREAS, A VTEC has outlined their request for expenditures for 2006, in our Rent Credit program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase an elliptical cross trainer, an upright bike, a recumbent bike, a stair climber, and a treadmill, plus a $300 delivery set up fee, for a total of$15,675. 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 25th day of September, 2006. . \. 29 ," ~.. ' \. ,fr,' .,J Council Agenda Statement Meeting Date: September 25, 2006 To: City Manager, Clark Corbridge From: Parks & Recreation Director, Karin S Agenda Item: A VTEC Rent Credit Equipment Purchas BACKGROUND & JUSTIFICATION: Attached please find an email from Ben Ikerd our liaison with/to A VTEC (Alaska Vocational Technical Center.) In this email, A VTEC outlines their request for expenditures for 2006, in our Rent Credit program. Part of our operating budgets within the Sports & Recreation Division of the Parks and Recreation Department is payment to A VTEC (Alaska Vocational Technical Center) for the use of their Student Services Center for public recreation. For many years now, we have enjoyed the opportunity to mutually improve the recreation programs through Rent Credit, rather than cash payments. The expenditure has been budgeted. A VTEC has selected their choices, and SPRD finds these purchases beneficial. Since the purchase amount is greater than $10,000, City Council approval is required by City Code. INTENT: The intent of the "Rent Credit" program is to make improvements to recreation programs without negatively impacting either the City of Seward or A VTEC budget. The intent of this specific purchase is to improve the work out weight room, with mutual benefits to the A VTEC students and the public recreational enthusiast. 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. FISCAL NOTE: The expenditure has been budgeted and is appropriated. Funds are available in the SPRD Rent Credit program. Approved by Finance Department: ~-J:;;o.ftu~ RECOMMENDATION: Council approve Resolution 2006- ~ authorizing the City Manager to purchase an elliptical cross trainer, upright bike, recumbent bike, stair climber and a treadmill, plus a $300 delivery set up fee, for a total of$ 15,675. '..) t-- ..... 10. 30 Jean Lewis From: Sent: To: Subject: Karin Sturdy Thursday, September 21, 2006 10:51 AM Jean Lewis FW: Exercise Equipment Purchase for Rent Credit -----Original Message----- From: Ben Ikerd [mailto:bernard_ikerd@labor.state.ak.us] Sent: Thursday, September 07, 2006 12:24 PM To: Karin Sturdy Cc: Richard Harrell; Mark Conway Subject: Exercise Equipment Purchase for Rent Credit Karin: The following list of exercise equipment is approved as an SPRD rent credit purchase: 1. Eliptical cross trainer, model number EFX number C842i, cost $2,095 3. Recumbent bike, stair climber, model number C776i, $2,995 5. 534i, cost $3,995 2. Upright bike, model model number C842i, $2,295 4. Commercial Treadmill, model number C936i, $3,995 Melanie infromed me that all of this equipment can be serviced by a company in Anchorgae. That is a real advantage! In your email dated 8/23/06 you asked that I select the "top 3 pieces of equipment that [I] would like in the weight room". Since all of the new items will be replacing items that are currently in the exercise room, or have just recently been removed because they are not working, I am anticipating that all of the equipment listed above will be ordered. Please let me know if that is not true. That being said, the top 3 pieces I would select are the eliptical trainer, the stair climer, and the treadmill. I apologize for not getting this to you earlier. I have really been swamped with housing issues for the past 4 weeks as summer renters were moving out of apartments and dorms and new students and their families were arriving at the same time. Things are more settled now and I anticipate a good school year ahead. I really appreciate Jean Marcey's expertise and Melanie Hauze's work in selecting appropriate equipment for the exercise room! From time-to-time I try to let Melanie know that I appreciate her work but I will take this opportunity to express it to you too. Ben Ikerd No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.1.406 / Virus Database: 268.12.2/441 - Release Date: 9/7/2006 No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.1.407 / Virus Database: 268.12.7/454 - Release Date: 9/21/2006 ,\- 31 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SWENSON CONSTRUCTION FOR THE CONSTRUCTION OF ONE WATERFRONT PAVILION IN AN AMOUNT NOT TO EXCEED $397,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward solicited proposals for the professional design ofthe ocean side pavilions; and WHEREAS, the pavilion design was modeled after the historic Seward Depot located along Railway Avenue and Fourth Street and the concept was approved by the City Council on June 26, 2006 by Resolution 2006-69; and WHEREAS, a bid for the construction ofthe pavilions was advertised on July 13, 2006 and again on July 20,2006 in both the Anchorage Daily News and the Seward Phoenix Log; and WHEREAS, thirteen bid packages were sent out and one bid was submitted on August 10, 2006 by Swenson Construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with Swenson Construction for the construction of one waterfront pavilion for an amount not to exceed $397,000 per pavilion. Section 2. The City Council ofthe City of Seward hereby authorizes funding in the amount of $397,000 for the construction of one waterfront pavilion at either the D Street and Ballaine location or the Adams Street and Ballaine location. Section 3. Funding in the amount of$377,000 plus a contingency in the amount of$20,000 for unforeseen costs, for a total amount not to exceed $397,000.00, is hereby appropriated as follows: $228,301.79 from the Capital Acquisition Fund account no. 103-0000-3070-0811 and $168,698.21 from the General Fund fund balance account no. 101-0000-3070-0811 to the Pavilion Capital Project fund account no. 811-8110-5925. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th day of September, 2006. '. 3'2 ,,;~. .... ~. 1- Council Agenda Statement To: Clark Corbridge, City Manager ()cJL q -l(}-o~ Meeting Date: September 25,2006 Agenda Item: Tom Shepard, Project Manager r1? 'j-,lOr(J(, Authorizing construction contract and funding for construction of one waterfront pavilion From: BACKGROUND & JUSTIFICATION: Since the mid 1980' s Seward's downtown waterfront showcased two ocean-side pavilions that were located at the cross streets of Adams and Ballaine and also at D Street and Ballaine. These two structures were highly used by both the local residents as well as the tourists that visited our community. In 2003, an engineering assessment was conducted that determined that the two structures were overstressed and posed a potential hazard to the public. As a result of the study, the two well- used structures were demolished. On January 12th, 2006, a Request for Proposals was advertised seeking professional design services for an ocean side pavilion to replace the very much missed structures. On March 13,2006, City Council approved resolution 2006-22 selecting Kumin and Associates as the design firm of choice. On March 20, 2006, Staff and Kumin and Associates conducted a Public Meeting to gather public input regarding the pavilion concept. The input received was to incorporate the following features into the pavilion design: 1. Incorporate design features from local historical architectural styles; particularly the Seward Depot on Railway A venue. 2. Incorporate the following design features that are essential for our climate: wind screening, durability to the elements, and the pavilion is to allow natural light. The pavilion concept is modeled after the historic Seward Depot located along Railway A venue and 4th Street. There are many attributes with the Seward Depot that work extremely well for a pavilion, in addition to carrying the railroad theme along the waterfront as it was during the first half of the 1900's. In fact, the original Seward Depot was located at the base of Adam's Street until 1928 when it was moved to its current location. It seems only fitting to place pavilions modeling this important piece of Seward history along the waterfront in close proximity to the existing depot's original location. The depot concept was advertised in the June 22, 2006 edition of the Seward Phoenix Log to gather additional public comment. The feedback was overwhelmingly positive. Council also approved of the concept by passing resolution 2006-69 on June 26, 2006. Upon completing the pavilion design, a RFP for bid was initially advertised on July 13, 2006 with a second running on July 20,2006. Advertisement for bid also ran in the Anchorage Daily News. Thirteen bid packages were sent out and resulted in one submitted bid on August 10, 2006. The grading criterion used to select the contractor was based on fee, local preference, project team, firm resources, litigation history, and references. Seward-based contractor Swenson Construction earned the most points during the evaluation process. Swenson's original bid to construct one of the pavilions was $486,000. JUt. 33 RESOLUTION 2006- Page Two City Administration, realizing that this bid was higher than anticipated, went into negotiations with the selected bidder. This included sit down meetings with Swenson and Kumin and Associates to modify the design to cut cost without compromising the design features that the Public Process supported. The biggest area of change included replacing the open truss system with a traditional scissor truss system. This removed a large number of custom brackets, decking, custom timbers and rafters, and replaced them with a readily available truss system. Other areas of cost savings include replacing the cedar shake roof with architectural asphalt shingles, and removing the skylights, to name a few. One area we re-examined for cost savings was the foundation system. The structural engineer, PN&D did not want to modify the foundation system that is required for large open structures including this pavilion. These open structures inherently lack shear strength and are thus stiffened by the combination of a proper foundation and by the use of steel columns. The foundation system that PN&D designed is critical for Seward's seismic, wind, and snow load conditions. The resulting bid by Swenson Construction is $377 ,000 per pavilion. Adding a contingency in the amount of $20,000 for unforeseen costs, brings the total project amount to NTE $397,000.00 Staff requests Council approve funding in the amount of $397,000 to construct of one waterfront pavilion at either the D Street and Ballaine location or the Adams Street and Ballaine location, and approve Swenson Construction as the contractor to construct both pavilions. 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. FISCAL NOTE: Funding for this pavilion will come from the following sources; $228,301.79 from the remaining balance in the Capital Acquisition Fund, and $168,698.21 from the General Fund. The balance in the City's General Fund fund balance account at this time is approximately $1.5 million, representing 1.8 months' of expenditures and transfers-out. The City's fund balance policy aims to maintain a balance equal to 3-6 months' reserves ($2.5 to $5.0 million). The use of $168,698 in fund balance would reduce the City's General Fund fund balance to $1.35 million. Approved by Finance Department: ~~ RECOMMENDATION: Council approve Resolution 2006-Cf'authorizing the City Manager to enter into a construction contract with Swenson Construction for the construction of one waterfront pavilion, and appropriating funding in an amount not to exceed $397,000. J "J ~.~ , CITY OF SEWARD P. O. Box 167 410 Adams Strcct Seward, Alaska 99664 City Manager's Office 907.224 4047 907.224.4038 fax ceorbridl(c@cityo!scward.llct CONSTRUCTION CONTRACT FORM CITY OF SEWARD SEWARD, ALASKA Waterfront Pavilion (2006- ) This CONTRACT, between the City of Seward, Alaska, herein ca through its City Manager, and Swenson Construction Company Name PO Box 1650 Seward AK 99664 Company Address (Street or PO Box, City, State, alan 0 Individual DPartnership DJoi incorporated under the laws of the State 0 las Contractor, is effective the date of the si ture 0 payments herein specified and s to fu h and deliver all the materials and th construction of the above-referenced es named, together with the Contract f this Contract and accepted as such. at no claim for additional work or materials, done or . lIy herein provided for will be allowed by the City, The Contractor reby agrees that the lump sum price set forth in his bid schedule is full compensation for furnishing all equipment, material and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete the Contract to the satisfaction of the City. Notwithstanding the foregoing, payment under this Contract shall not exceed Three Hundred Seventy Seven thousand Dollars ($377,000). This Contract amount shall cover the scope of STANDARD CONSTRUCTION CONTRACT JULY 2005 PAGE 1 Of~: t. 35 - ... work as described in the July 13, 2006 bid documents. Also included are modifications per Kumin and Associates 9/13/06 drawing S2.0. and per Swenson Construction's fee proposal dated 9/13/2006 based off the Kumin and Associates 9/13/06 modifications. Other modifications include asphalt shingles in lieu of cedar shakes, removal of skylights, permits obtained by the City. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, with the bid documents, Specification and Drawings, Appendices (and addenda thereto) and Fee proposal (with exceptions noted above );that the Contractor will abide by and perform all stipulations, covenants, and agreements specified in those documents, all of which ar reference hereby made a part of the Contract, as to all premises therein: and in case a aterials or labor shall be rejected by the Contracting Officer as defective or unsuitable, n the terials shall be removed or replaced with other approved materials and the lab be an w to the satisfaction of the City, on or before: 120 da s followin date of the 0 Proce at the cost and expense of the Contractor. v nants and agrees that the entire construction will be done under the administration of, and the complete satisfaction of, the City, subject to an inspection at all times and ap any regulatory agency of the City of Seward, Kenai Peninsula Borough, State of Alaska ederal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For the purposes of this Contract, Contracting Officer Means City Manager or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: PAVILION CONSTRUCTION CONTRACT,,~ PAGE2of3 ,.J '" 1) Bid and Fee Proposal 3) Payment & Performance Bonds 2) Addenda Acknowledgement 4) Agreement Certificate IN WITNESS WHEREOF, the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Date Swenson Construction Company Name Signature of Authorized Company Representative Typed Name and Title Date CITY OF SEWARD Signature of City Manager. C Clark Corbrid e Typed Name of City Manager (ATTEST) Attachments: PAVILION CONSTRUCTION CONTRACT PAGE3of3 J"" .;, " 37 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PAYOFF OF THE SEWARD GENERAL HOSPITAL UNFUNDED PUBLIC EMPLOYEES RETIREMENT SYSTEM LIABILITY IN THE AMOUNT OF $1,708,125.74, AND AUTHORIZING INTER FUND LOANS IN THE SAME AMOUNT WHEREAS, effective January 1, 1986, the Seward City Council authorized Seward General Hospital employees to participate in the State of Alaska Public Employees Retirement System (PERS), and agreed to purchase all eligible past service for hospital employees hired on or after January 1, 1986, incurring an initial unfunded liability of $607,775; and WHEREAS, the City of Seward ceased operating Seward General Hospital on June 30, 1996, and terminated the PERS Agreement on that same date, thereby incurring the unfunded liability for all PERS benefits to which hospital employees were entitled according to State of Alaska Statutes; and WHEREAS, a Termination Study for Seward General Hospital dated July 1, 1997, determined the actuarial unfunded liability for SGH to be $2,129,884, which included a 5% upward adjustment to account for added financial risk to PERS on behalf of a terminated employer; and WHEREAS, the City of Seward agreed to pay this debt over 15 years at the State of Alaska-mandated interest rate of 8.25% (equal to the actuarially assumed investment earnings rate of the PERS); and WHEREAS, the City of Seward desires to retire this outstanding debt in order to reduce the overall borrowing cost, and to close out the City's Seward General Hospital PERS account in order to consider the payment agreement with PERS to be completely satisfied; and WHEREAS, the General Fund lacks cash reserves to cover this debt, and will borrow $1,250,000 from the Motor Pool Internal Service Fund, and $458,125.74 from the Electric Maintenance Repair & Replacement Fund, over 20 years, at an interest rate of 5 .25%, resulting in annual debt service payments of $134,705, annual cash flow savings of $76,744, and a total interest savings to the City of Seward of $985,970.26 (since interest will be paid to other City funds rather than to the State of Alaska). \.... .... 38 ..: l. CITY OF SEWARD, ALASKA RESOLUTION 2006-99 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is herby authorized to submit payment to the State of Alaska Division of Retirement and Benefits in the amount of$I,708,125.74, representing payoff of the actuarially determined unfunded liability for the Seward General Hospital PERS. Section 2. The City Manager is authorized to utilize cash reserves from the Motor Pool Internal Service Fund ($1,250,000.00) and the Electric Maintenance, Repair & Replacement Fund ($458,125.74) to cover this payment, and to establish loans from these funds to the General Fund, to be repaid over a period of 20 years at the rate of 5.25% interest, resulting in annual payments from the General Fund to the Motor Pool Fund of $98,576.47 and from the General Fund to the Electric Maintenance, Repair & Replacement Fund of$36,128.33. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of September, 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk, CMC (City Seal) ~$l COUNCIL AGENDA STATEMENT Through: September 25, 2006 Clark Corbridge, City Manager {lJ.- q -ItI-P" Kristin Erchinger, Finance Director ~ Meeting Date: From: Subject: Payoff of Seward General Hospital PERS Debt BACKGROUND & JUSTIFICATION The City of Seward began participating in the State of Alaska Public Employees' Retirement System (PERS) on January 10, 1979 (Resolution 78-43). Effective January 1, 1986, the City Council authorized Seward General Hospital (SGH) employees to participate in PERS (Resolution 86-2), and agreed to purchase all eligible past service credit for hospital employees employed on or after January 1, 1986. Based on a PERS actuarial report dated 1985, the beginning unfunded liability for Seward General Hospital, based on purchasing all eligible past service credit, was $607,775. Effective July 1, 1992, Seward General Hospital began operating under a PERS Agreement separate from the City (Resolution 92-160). The City of Seward ceased operating Seward General Hospital on June 30, 1996, at which time the PERS Agreement was terminated. Upon termination, the City requested written confirmation from PERS of the final termination liability. The City of Seward received official confirmation on March 30, 2004, of a SGH unfunded liability in the amount of $4,437,781. The City disputed this amount, based on the fact that in computing the liability, PERS was not using the actuarial assumptions that were in place at the time of termination, but was using actuarial assumptions and methods presented in the June 30, 2002 Actuarial Valuation Report to PERS (with the addition of a 10% load to the Total Accrued Liability to account for the added financial risk PERS was assuming on behalf of a terminated employer). The City disputed the change in actuarial assumptions, based on the fact that PERS should have conducted a more timely close-out of the SGH from the PERS system, which would have resulted in calculating the unfunded liability utilizing the actuarial assumptions in place at the time of termination. Ultimately, PERS presented the City with a Termination Study for Seward General Hospital, dated July 1, 1997, which utilized the actuarial assumptions in place at that time, and which listed the final termination liability as $2,129,884. The Seward City Council authorized the first payment toward this debt in the amount of $350,000, on April 26, 2004 (Resolution 2004-48). Since that time, the City has made two additional annual payments of $211,128.05. Assuming Council authorizes the payoff of this liability, the amount necessary to retire this debt as of October 4,2006, will be $1,708,125.74. The City Administration desires to payoff the outstanding debt on the hospital PERS unfunded liability based on the fact that the current PERS actuarial report does not reflect the unfunded liability that was agreed on between the State of Alaska and the City of Seward. The State of Alaska PERS Supplement to the Actuarial Report dated June 30, 2005, shows a growing unfunded SGH .; i.J 40 ( , JlJ\ RESOLUTION 2006- PAGE20F2 PERS liability of$6,819,601, despite the City's added payments toward this unfunded liability. By paying off this liability, we will close our SGH account with PERS and consider our payment agreement with PERS to be satisfied. The City's General Fund is not in a position to retire this debt, currently maintaining an undesignated fund balance (reserve) account balance of approximately $1,500,000 equal to 1.8 months' worth of expenditures and transfers-out. Since the General Fund is required to cover any deficits arising in other funds, and is called upon to meet unforeseen needs and emergencies, administration does not recommend depleting General Fund reserves to meet this debt, but is in favor of establishing a loan from other City funds to the General Fund, in order to pay this debt. The Hospital Debt Service Fund is also not in a position to retire any of this debt, currently maintaining a cash balance of$224,258, with an estimated balance at 12/31/06 of $600,000. The highest annual debt service on the outstanding hospital bonds is $878,500, which is the amount that the City has established as a goal for reserves in Hospital Debt Service Fund. Clearly, withdrawing funds from this source is not prudent at this time. The Administration supports the General Fund borrowing from other City funds in order to retire this debt, to safeguarding against potential increased liability costs, without jeopardizing the financial stability of the General Fund. Our recommendation is to borrow $1,250,000 from the Motor Pool Internal Service Fund, and $458,125.70 from the Electric Fund Major Repair and Replacement Fund. This debt will be repaid over 20 years at 5.25% interest. 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. FISCAL NOTE: Annual debt service payments from the General Fund will be $134,705 versus payments to the State of Alaskaof$211,449, for annual cash flow savings of $76,744. Over the life of the loan, General Fund interest payments will be $54,743 lower by borrowing funds internally (the savings would be higher except we are extending the loan payoff from 13 to 20 years). Since interest earnings will be paid to other City funds rather than to the State, the City's total cost savings will be $985,970.26. Approved by Finance Department ~~ RECOMMENDATION: Council approve Resolution 2006-~ authorizing the City Manager to pay the total amount of $1,708,125.74 to the State of Alaska Public Employees Retirement System, representing the final payoff of the Seward General Hospital unfunded PERS liability. This resolution further authorizes inter-fund loans over 20 years at 5.25% from the Motor Pool ($1,250,000.00) and the Electric MRRF Fund ($458,125.70), to the General Fund, to cover this cash payoff to PERS. 41 '.j '. -' '. Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AND ADOPTING THE FINANCIAL FORECAST OF THE 2006 SEWARD CONFERENCE FACILITY FEASIBILITY REPORT PREPARED BY THE UNIVERSITY OF ALASKA, ANCHORAGE CENTER FOR ECONOMIC DEVELOPMENT AND AGNEW::BECKAND TASKING ADMINISTRATION TO DRAFT A REQUEST FOR PROPOSAL FOR THE MARKETING, OPERATION, AND MANAGEMENT OF THE PLANNED CONFERENCE CENTER IN THE MARY LOWELL CENTER TO A NON- PROFIT WHEREAS, the federal government began exploring the development of a combined facility housing multiple agencies and functions that would contribute to the growth and development of Seward; and WHEREAS, the City of Seward recognized that the development of a Multi-Agency Center that co-locates federal and state administrative offices and visitor components into a single building that also includes a conference center represents a significant opportunity to keep jobs in Seward thereby expanding our economy; and WHEREAS, the City of Seward has supported this concept for many years and has demonstrated its commitment and investment as well as being a co-signer on a proj ect Management Memorandum of Agreement; and WHEREAS, the City Council approved Resolution 2003-100 adopting the Seward Waterfront Study which supports the development of a Multi-Agency Center including co-located conference center as part of revitalization of downtown Seward; and WHEREAS, the City Council approved Resolution 2004-77, in support ofthe multi-agency center and the development of the Seward Conference Center within this project; and WHEREAS, the City Council has approved several federal priority resolutions requesting federal funding for the Multi-Agency Center that includes the conference center; and WHEREAS, in 2006, city administration contracted with the University of Alaska, Center for Economic Development and AGNEW::BECK to draft a feasibility report for the Conference Center; and WHEREAS, this feasibility report provided the City of Seward with a financial forecast to outline the costs and benefits of the conference center portion of the Mary Lowell Center; and 42 CITY OF SEWARD, ALASKA RESOLUTION 2006-100 WHEREAS, this feasibility report provided the City of Seward with marketing, management, and structural recommendations for the conference center portion ofthe Mary Lowell Center; and WHEREAS, the City has determined that it is necessary to prepare for the financial up front costs ofthe conference center portion ofthe Mary Lowell Center and adopt these costs into our 2007 and 2008 fiscal budget; and WHEREAS, the City has determined that it needs to prepare to outsource the marketing, management, and operation of the conference center portion of the Mary Lowell Center; and WHEREAS, the City has determined that it is in the best interest of the City to draft and administer a request for proposal for the marketing, management, and operation of the conference center portion of the Mary Lowell Center; and WHEREAS, the feasibility report identified that the intended purpose of having a conference center is not to make a profit but to provide a larger benefit to the community such as drawing visitors to the community businesses such as restaurants, hotels, shopping, and to increase the general visibility of the community statewide and nationally; and WHEREAS, the City has determined that it is in the best interest to draft the request for proposal specifically to a non-profit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to adopt the financial forecast of the 2006 Seward Conference Facility Feasibility Report prepared by the University of Alaska, Anchorage Center for Economic Development and AGNEW::BECK in the form presented at this meeting and plan for these costs in the 2007 and 2008 fiscal budget. Section 2. The City Manager is authorized to proceed to draft and administer a request for proposal for the marketing, operation, and management ofthe planned conference center in the Mary Lowell Center specifically to a non-profit. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of September 2006. Ji. 43 COUNCIL AGENDA STATEMENT From: September 25, 2006 Clark Corbridge, City Manager tlaJc q-If(-~, Kirsten Vesel, Assistant City Manager ('(Jc II 'f" 0./ 0 Cp Meeting Date: Agenda Item: APPROVING AND ADOPTING THE FINANCIAL FORECAST OF THE 2006 SEWARD CONFERENCE FACILITY FEASIBILITY REPORT PREPARED BY THE UNIVERSITY OF ALASKA, ANCHORAGE CENTER FOR ECONOMIC DEVELOPMENT AND AGNEW::BECK AND T ASKING ADMINISTRATION TO DRAFT A REQUEST FOR PROPOSAL FOR THE MARKETING, OPERATION, AND MANAGEMENT OF THE PLANNED CONFERENCE CENTER IN THE MARY LOWELL CENTER TO A NON-PROFIT Through: BACKGROUND & JUSTIFICATION: The City of Seward has been in partnership with the Park Service, Forest Service, and City of Seward for the development of a Multi-Agency Center that co-locates federal and state administrative offices and visitor components into a single building. This facility includes a City of Seward conference center which represents a significant opportunity to keep jobs in Seward thereby expanding our economy. The City of Seward has supported this concept for many years and has demonstrated its commitment and investment as well as being a co-signer on a project Management Memorandum of Agreement. The City Council approved Resolution 2003-100 adopting the Seward Waterfront Study which supports the development of a Multi-Agency Center including co-located conference center as part of revitalization of downtown Seward. The City Council approved Resolution 2004-77, in support of the multi-agency center and the development of the Seward Conference Center within this project. The City Council has approved several federal priority resolutions requesting federal funding for the Multi-Agency Center that includes the conference center. In 2006, City Administration contracted with the University of Alaska, Center for Economic Development and AGNEW::BECK to draft a feasibility report for the Conference Center. This feasibility report provided the City of Seward with a financial forecast to outline the costs and benefits of the conference center portion of the Mary Lowell Center. This feasibility report provided the City of Seward with marketing, management, and operation recommendations for the conference center. The feasibility report identified that the intended purpose of having a conference center is not to make a profit but to provide a larger benefit to the community such as drawing visitors to the community businesses such as restaurants, hotels, shopping, and to increase the general visibility of the community statewide and nationally. Therefore, the City has determined that it is in the best interest to draft the request for proposal specifically to a non-profit. The City has determined that it is necessary to prepare for the financial upfront costs of the conference center portion of the Mary Lowell Center and adopt these costs into our 2007 and 2008 fiscal budget. The City has determined that it needs to prepare to outsource the marketing, management, and operation of the conference center portion of the Mary Lowell Center. ~ '- 44 ; \; . 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. FISCAL NOTE: The one time start up costs is forecasted at $100,548 and should be distributed throughout the planning phase of the budget. The financial projections for the net deficit are as follows: Year one is $70,561, year two is $61,234, year three is $51,083, year four is $40,058, and year five is $40,828. After the start up phase, the annual subsidy of approximately $40,000 per year should be incorporated into the budget. However, the annual bed tax and sales tax from the community revenues associated with the conference center should meet and exceed this annual deficit. The start up cost and initial marketing costs should be partially included in the 2007 and 2008 fiscal budget. Approved by Finance Department Xuo"'j;;:) ~-J1-"..bf RECOMMENDATION: Council approves Resolution 2006- \ rtJ authorizing the City Manager to adopt the financial forecast of the 2006 Seward Conference Facility Feasibility Report prepared by the University of Alaska, Anchorage Center for Economic Development and AGNEW::BECK and tasking administration to proceed to draft and administer a request for proposal for the marketing, operation, and management of the planned conference center in the Mary Lowell Center to a non-profit. ".,' ".- 45 J\. Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PAYMENT IN THE AMOUNT OF $28,100 TO THE STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES, AS APPLICATION FEE FOR THE CERTIFICATE OF NEED FOR A LONG-TERM CARE FACILITY TO BE LOCATED IN SEWARD WHEREAS, the State of Alaska Department of Health and Social Services (DHSS) administers the Certificate of Need (CON) program aimed at reducing duplication of health care facility capacity throughout the State, in order to achieve costs efficiencies; and WHEREAS, in order to construct Seward's replacement long-term care facility, the City is required to submit a CON Application to DHSS; and WHEREAS, Alaska Administrative Code 7 AAC 07.079 requires the payment of a fee when filing the CON Application, and has established that fee as equal to 0.1 % of the total cost of the project; and WHEREAS, when considering the total costs of the proposed facility, including costs such as: acquisition of land; preliminary studies; soils testing; site surveys; environmental reports; consulting services; estimated construction costs of the facility; engineering and architectural costs; furniture, fixtures, and equipment; landscaping, etc., the total project cost is estimated at $28,100,000, resulting in an application fee of$28,100. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is herby authorized to submit payment to the State of Alaska Division of Health and Social Services, as a Certificate of Need Application fee, in the amount of $28,100, with such funds to come from the Long Term Care Facility Capital Project Fund. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 25th day of September, 2006. .) '- 46 COUNCIL AGENDA STATEMENT Meeting Date: September 25, 2006 From: Clark Corbridge, City Manager {jJ- q ~ 2.0 - 0' Kristin Erchinger, Finance Director ~ Through: Subject: Certificate of Need Application Fee BACKGROUND & .JUSTIFICATION With the help of hospital financial consulting experts, the City of Seward has completed the Certificate of Need Application for submittal to the State of Alaska Department of Health and Social Services. The submittal of this application is one of the key milestones in the process of constructing a new long-term care facility in Seward. The Certificate of Need process was developed by the State of Alaska and is a required element of constructing any healthcare facility in the State. Since the State of Alaska is a significant source of funding for healthcare facilities, and since the State's Medicaid reimbursement program is a cost- based reimbursement system, it is to the State's advantage to ensure there is no excess healthcare facility capacity constructed throughout the State, which would add redundancy to costs. The Certificate of Need process will ultimately dictate the number of beds for which Seward's long-term care facility is licensed. Initial statistical measures suggest that the State may be willing to approve construction of up to 52 beds in Seward, and the City desires to construct 40 beds at this time. Per Alaska Administrative Code 7 AAC 07.079, the amount of the Certificate of Need Application fee is .1 % of the total cost of the project. The total cost of the long-term care facility, including all preliminary studies, site surveys, soils testing, environmental reports, consulting services, estimated construction costs, engineering, furniture/fixtures/equipment, architectural services, land purchase, ROW purchase, etc. is $28,100,000. Thus, the cost of the application fee is $28,100. CONSISTENCY CHECKLIST: 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable Yes No -X FISCAL NOTE: Funding for this application fee is to come from the Long-Term Care Facility Capital Project. Approved by Finance Department ~~ RECOMMENDATION: Council approve Resolution 2006-'01 authorizing the city manager to pay the amount of $28,100 to the State of Alaska Department of Health and Social Services, as application fee for the Certificate of Need Application. 'J '"' 41 City of Seward, Alaska Au/?ust 28, 2006 City Council Minutes Volume 37, Pa/?e CALL TO ORDER The August 28,2006, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Vanta Shafer presiding and Willard Dunham Bob Valdatta Jean Bardarson Dorene Lorenz Steve Schafer Robert Thomas comprising a quorum of the Council; and Clark Corbridge, City Manager Jean Lewis, City Clerk Absent - None SPECIAL ORVERS, PRESEN'.I'A TIONS AND REPORTS Borough Assembly Report. Borough Assembly Representative Ron Long stated the Spruce Creek Bridge total bid package was $1.2 million, a bit over the threshold for a vote. The Borough Attorney developed findings that negated that requirement, and the project was already underway. There was a possible constitutional question on restricting legislative body's ability to appropriate funds in allocation of assets, and whether a referendum would apply to issues of health and safety. The approval contradicts the statute that a governmental body can make emergency appropriations. A proposed amendment to put this before voters failed 7-2, and the main motion passed 8-1. This would be a good test case for Proposition #4. Long stated an ordinance to appropriate $400,000 for an education lawsuit failed to be introduced and at their next meeting they would hear a proposed ordinance that tied the senior citizen property tax exemption to the Permanent Fund Dividend (PFD) requirements. Long would also be introducing a resolution opposing a herbicide permit for the Alaska Railroad at that meeting. In response to questions, Long mentioned the Old Mill Bridge was on the road service area project priority list. He also stressed that federal money awarded for beetle kill could only be used on utility ROW's within borough land, and could not be applied on federal or state land. 48 City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page City Manager's Report. City Manager Clark Corbridge announced there was a public hearing this evening for final plat action on the vacation of Washington Street before the Kenai Peninsula Borough Planning Commission, and an outside consultant would give a 30 minute presentation on the Mary Lowell Center at the next meeting. Corbridge also noted a work session of the Historic Preservation Commission would take place Wednesday to discuss the Hoben Park improvements in detail, and the Alaska Sealife Center would be invited. He reported both CIRI and Chugach had contributed $10,000 to the Friends of the Jesse Lee Home project, and had plans to apply for a Rasmuson Grant and to the state for restoration funds. Corbridge notified that the Planning & Zoning Commission would be conducting the replatting and rezoning for the Long Term Care Facility and address the conditional use permit within the next two weeks. The Administration would be holding an open house on Friday, September 1, 2006 to hear from downtown business merchants. Other items were: );> Harbor Department. Bid documents for the South Harbor timber floats M, N, 0, P and Q were completed and the project was being advertised. Construction of the timber floats were on schedule. Staff from the U.S. Department of Commerce had taken a tour of the small boat harbor and SMIC area, and expressed it was nice to see the issues first hand. );> Librarv/Museum. Per city council direction to expedite the property sale, Corbridge stated the best way was for the city to purchase the property as-is and remove the fuel tatiks later. A contract was drafted and hand-delivered to the Salvation Army August 22, 2006. The Salvation Army's Division Finance Council recommended the contract be approved and it was sent to their Territorial Headquarters for approval last week. );> AML/JIA Update. AML had retained all members from last year and added three new members. Although property coverage continued to be a challenge, AML/JIA was still able to maintain its unparalleled $1 billion earthquake coverage. They reported the financial condition of the pool was growing stronger, and the Alaska Law Enforcement Agency Accreditation Commission had established standards for police training. );> Seward Marine Center dock (SMC). Aspects of the proposed dock were explored with considerable public input at the August 8, 2006 work session. Corbridge was seeking direction on a number of issues, mainly; whether the City should accept the conceptual plan, and should the City plan an ownership role in the dock. );> Public Works Department. Potholes were being repaired and brush cut in ROW's. They were also continuing generator plant work, winter vehicle preparation, installation oflights, sirens, etc. on newly acquired fire vehicles, and completing the RFP for the new water/wastewater vehicle. The Water/Wastewater division would be finishing up the Third A venue water main project within two weeks, was writing a grant request for a new water tank, preparing for Lowell Canyon water tank inspections, and attending to a grease problem in a sewer main in the small boat harbor. The department was still researching building plans for the Senior Center re- siding, fixing the roof drain system at City hall, researching boiler replacement for City Hall, and finalizing the draft design for ADA parking in the alley behind city hall. f~ City of Seward, Alaska AURust 28, 2006 City Council Minutes Volume 37, PaRe The Denali Commission was requesting nomination for rural road and waterfront development projects and hoped to take advantage of those. Corbridge also passed out another draft of his Task and Priority List for council. In response to questions, Corbridge explained high steel costs were factored in the pavilion designs and none of the bids were over $500,000. Staff was looking at items to make them more affordable. He also explained that until bonds were issued and certificates of need completed, there would be no money to pay for the property in Forest Acres. Planning and Zoning Commission Report. Chair Marianna Keil stated, though staff recommended against it, the Commission felt it was appropriate and re-zoned Lots 7 A and 9A by the Ambulance Corps on D Street from RI to AC and R2. Keil said they granted a variance for an aircraft hangar at the Seward airport. Other Reports, Announcements and Presentations A Mile 0-8 update was given by DOT Project Engineer Allen Drake. Drake said the waterline between VanBuren and Madison was finished. Curb and gutter work was beginning and the underpass was scheduled to ~ finished within the week. The next round of paving would begin September 15, 2006 and they were waiting on weather for striping, with no construction on Labor Day Weekend. In response to questions, Drake stated tIle culvert was part of the levee project and the city was responsible for doing work under the tracks. Historic Preservation Commission applicant Meredith Hershock. Port and Commerce Advisory Board applicant Darryl Schaefermeyer. A report was given by City Manager Clark Corbridge on the City's goals and objectives. Corbridge shared a synopsis of progress on major city projects during his 18-month tenure. Although he relished the challenges and controversies ofthe community, he was astonished by the depth of negative feelings expressed at council meetings. Corbridge's message was to continue the positive momentum previously built, and work corroboratively to build a better community. He requested everyone conscientiously work together to stop the negativity, and focus on mutual goals for the betterment of Seward. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Tim McDonald, mentioned there were a lot of projects and only one highway going out of town. He wanted a resolution directing the Alaska Railroad to put in a commercial access road for the city, on their railroad property. Then traffic could be routed off the main highway. Nathan Orr, was trying to disprove a theory, because he felt Seward has the opportunity to have its cake and eat it too. He said there were handfuls of customers needing harbor space such as; II. .f'"" ~IV) City of Seward, Alaska Au/?ust 28, 2006 City Council Minutes Volume 37, Pa/?e the Coast Guard, state research vessel, tug and barge companies, and freight companies. Orr thought between public and private sector, there was over $100 million dollars invested in SMIC area across the bay. In spite of the fact SMIC area was under capitalized and unfinished, it had been a success with the Spring Creek prison, a mill, a shipyard, and various other businesses investing capital. Orr emphasized this had been on the priority list for over 20 years and still was unfinished. He stressed the city needed to finish the North boat basin and uplands to provide twice the moorage and space and put the industrial customers in the industrial area, and leave the waterfront at the end of town for the public, research and education. Amy Ireland, spoke on behalf of the National Park Service. They had completed two more trails at Exit Glacier and had future plans for next year, such as a wheelchair accessible loop and another spur created to the glacier. She invited the community to come out and enjoy them. Scott Egger, stated he was still wrapped up in an easement issue in Clearview Subdivision. He mentioned a recent ad from HEA was passed around and spoke about utility easements. He wanted the public to know trespassing on utility easements was illegal, and these easements were private property. Egger thought there would be huge ramifications that would affect all landowners in the subdivision. He wanted the city council to take care of the problem. Doug Lechner, spoke as a business owner at SMlC and encouraged council to make the vision grow and cOme to fruition. He stated the breakwater neededto be finished. Lechner wanted to support and promote the marine research vessel, but urged council to pursue funding for the SMIC area also. He also.stated it had been on the priority list for years, andsllggested a small committee be formed to focus on establishing goals and pursuing funding. Tom Smith, was tired and baffled, because the Institute of Marine Science had been working on the Seward Marine Center dock and acquiring the research vessel for three to four years. He informed that this was not a state vessel, but was owned by the U.S. government, and the University operated it solely on an agreement with the National Science Foundation. Smith stated the dock was inadequate, and they needed to know if the city would want to use the dock. He stated these were only thoughts and there had been no decisions made as yet. He thought the money was available for two years. Pat Marrs, liked the very positive speech presented earlier by the city manager. He had invested many years and money in SMIC. Marrs thought the research vessel would be better located across the bay where the land was available to accommodate it. He noted the city had sat on SMIC for 25 years and thought the investment should be there. He did not want to divide the town, but wanted both sides of the bay to be successful. Ron Long, stated the manager was asking for big policy questions about the Seward Marine Center dock that deserved a big policy. He did not understand the urgency because he thought items that were fast-tracked usually came back to bite. Long felt time was needed to deliberate on this huge project and PACAB was the committee to look at it. Polly Egger, stated there still was no shade on the light. She thought things in this town were so silly. She heard rumors and untruths were being ~lieved, and they were being accused of ~1i City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, PaRe putting cat poop in a Subaru belonging to the neighbors. Egger stated the neighbor had cats and dogs running allover and it was a hotel. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Lorenz/Bardarson) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The August 14, 2006 regular city council meeting minutes were approved. Meredith Hershock was appointed to the Seward Historic Preservation for a term to expire May 2008. Darryl Schaefermeyer was appointed to the Port and Commerce Advisory Board for a term to expire July 2009. Resolution 2006-092. Pledging A Contribution Of $2500 To The Proposed Statewide Methamphetamine Abuse Education Campaign. PUBLIC HEARINGS Ordinances for public hearing and enactment Ordinance 2006-007. Amending Seward City Code Parking Requirements 15.10.215 (0) Handicapped Parking To Ensure Compliance With The Americans With Disabilities Act (ADA). City Manager Clark Corbridge stated these changes were needed to bring the parking requirements into compliance with the American's with Disabilities Act. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Marianna Keil, asked if the word 'handicap' could be changed to 'accessible.' Motion (ThomasILorenz) Enact Ordinance 2006-007 Police Chief Tom Clemons stated drivers go to the DMV office for a sticker. Amendment (Dunham/Schafer) Change the word "handicapped" in the title and in Section 1 to "accessible." Amendment Passed UnlW!."U1OUS Consent 'l;:t City of Seward, Alaska Au/?ust 28, 2006 City Council Minutes Volume 37, Pa/?e Main Motion Passed Unanimons Ordinance 2006-008. Amending Seward City Code Section 4.05.025 (B) Stating The Order Of Placement Of Names Of Candidates On Ballots Will Be Randomly Determined By The Clerk And Rotated As The State Adopts For Their General Election. Corbridge stated this was mainly a housekeeping change making our code stay compatible with changing election language passed by the legislature this year. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Scott Egger was confused and unsettled with new ordinances being proposed all the time, and wanted an explanation as to why the change was needed. He felt the less change the better off the city was. Motion (Lorenzffhomas) Enact Ordinance 2006-008 City Clerk Jean Lewis explained this ordinance amendment did not change any procedures that were currently in place, just re-worded it to continue to randomly select names that were put on ballots, and not rOta.te them. Since state statute only spoke of rotation, randomly selected wording was put into our code to allow current practices on the Peninsula to be uniform and consistent. Motion Passed Unanimous Resolutions requiring a Public Hearing Resolution 2006-091. Authorizing The City Manager To Enter Into A Lease And Operating Agreement With The Chugach Regional Resources Commission And Terminating The Operating And Maintaining The Seward Mariculture Research Center And Shellfish Hatchery On The Site Described As Tract IB, Waterfront Tracts Subdivision, Mariculture Addition, According To Plat 97-18, Seward Recording District, Third Judicial District, State Of Alaska, Excepting The Pedestrian Pathway. Corbridge thought the amount of $40,000 was appropriate and reduced the bond from $100,000 to $40,000. This resolution released Qutekcak Native tribe from the operation of the shellfish hatchery, and put Chugach Regional Resources Commission (CRRC) responsible. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Dunham/Lorenz) Approve Resolution 2006-091 Motion Passed Una5~ous City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page UNFINISHED BUSINESS - None NEW BUSINESS Resolution 2006-093. Authorizing The City Manager To Enter Into An Agreemeut With NYE Froutier Ford For The Purchase Of A 2006 Ford F250 Crew Cab 4x4 Truck, For An Amount Not To Exceed $28,710. Corbridge stated this vehicle was approved in the 2006 budget. After a vehicle was located, they used the state competitive bid process and utilized the state's purchasing power. Motion (BardarsoulDunham) Approve Resolutiou 2006-093 Lorenz wanted to see quote sheets, Valdatta wondered why a crew cab was necessary. Corbridge stated the current city code required the city to surplus equipment one time a year. This vehicle must be held onto for another year, since the surplus sale was this past spring. He stated the vehicle was currently rumling, but was not economically viable to maintain, given the number of service requests on it. Acting Pu:blic WQrks Director, Nort Adelmann, came in to answer questions. He stated the department could use an extended cab instead of a crew-cab, it's just that this crew-cab vehicle was the best deal. He stated a cover for the bed was all that was needed. Motion Passed Yes: Lorenz, Schafer, Valdatta, Dunham, Bardarson, Shafer No: Thomas Other New Business Items A work session was scheduled for September 14, 2006 at 7:00 p.m. for planning and permitting. Discuss and provide direction to Administration on Seward Marine Center dock, and determine whether to appoint a committee or work group to review and develop optious. Mayor Shafer remembered the $1.2 million came from Don Young's transportation bill for a ferry marine dock at SMC to keep the Tustumena also. Dunham stated he remembered the money was originally for DOT access to the airport. In the transportation bill, the lobbyist moved it down to the Sealife Center area to encompass engineering for a dock capable to handle a ferry landing. He noted the money had strings tied to it on how it could be used, and the money could not be spent anywhere else. J' - Stl City of Seward, Alaska August 28, 2006 City Council Minutes Volume 37, Page Valdatta wanted the Port and Commerce Advisory Board to study this, and did not think there was room for expansion in that area, Mayor Shafer wanted to approve the concept of the dock. Schafer stressed there were no guarantees the boat would come to Seward, even if the dock was built. He too, did not think there was enough room in that area for loading a ferry, and that this question should be studied by P ACAB. He did not think the city needed the liability of owning the dock. Schafer wanted the city to finish the other side of the bay first, and stated there was no business getting involved in this dock, other than allowing it to happen. Lorenz wanted to save the Railroad barracks and stated the industrial things needed to go into an industrial area. Bardarson and Thomas thought PACAB should look over this and report back with the answer on where the dock should be best located. Dunham couldn't believe what he was hearing. He reminded the council that the MIV Alpha Helix was being decommissioned and the council had endorsed this project many times before. He stated it took hard work from the lobbyist to put this into place. Dunham stated the funding was there, the University did not want to divide their assets, and the engineering had nothing to do with SMIC. Motion (LoreIl21l'homas) Instruct PACAB to review and develop options for a wave barrier and new industrial dock appropriate for Alaska State ferry use. Schafer was in favor of SMIC being developed, but stated if the money was earmarked and appropriated only for the University, then it needed to go to the University. Motion Failed 4-3 Yes: No: Thomas, Lorenz, Valdatta Bardarson, Schafer, Dunham, Mayor Shafer Motion (Dunham/Bardarson) Apply for the money needed to begin an RFP for an engineering study for a wave barrier and dock that is ferry capable for the Seward Marine Center (SMC). Corbridge asked for clarification if this was to answer his past question in the affirmative, whether the city should accept the conceptual plan. Dunham stated no. He thought P ACAB could look at the development of the plan after the money was applied for. S5) City of Seward, Alaska AUKust 28, 2006 City Council Minutes Volume 37, PaKe Lorenz did not want to be rubber stamping this project as feasible. Motion Passed 6-1 Yes: Thomas, Bardarson, Shafer Lorenz Schafer, Dunham, Valdatta and Mayor No: Most agreed, and direction was given to the administration, for P A CAB to look at the feasibility and development of the Seward Marine Center (SMC) dock plan and its possible uses. INFORMATIONAL ITEMS AND REPORTS (No action required) Hospital Financial Statements for July 2006. COUNCIL COMMENTS Lorenz had received a phone call from Pat Williams, who expressed a need for ladies facilities irtWilliams Park, and wished that be put in the budget. She stated the Senior Center was looking for halibut and salmon donations. Lorenz needed guidance on what the numbers and equipment meant on the medical center financials.She also relayed that after attending the Jesse Lee Home meeting, the architect was excited of the condition of the building, and reported there was a strong movement to move forward on that property. Thomas was happy to see eleven people running for council, and hoped there would be an opportunity to get the Tustumena back in Seward when the new administration took over. Valdatta had toured the hatchery and heard that several communities had put money together to purchase smolt for the next couple of years. He stated the community would have to make a decision on buying these smolts and let the hatchery know soon. Dunham, complimented the museum on their nice turn out celebrating Founders Day today, and the Chamber for a successful but soggy salmon derby. He noted the Hooper Bay disaster and thought the library could donate some books to replenish their library. Dunham reported several times of the implications of the Stranded Gas Act, and after reviewing a report, stated the port authority was the only one who offered any gas for Seward. He wanted support for supplying coastal cities with gas. Dunham watched high school football and mentioned other peninsula communities had upgrades done to their outdoor facilities, but not Seward. He wanted Seward to push to upgrade the track and field area. Shafer wanted all council members to give their changes to the evaluation forms. She liked the prior comments by the city manager about projects and being positive. She stated projects began with the community first, and after a lot of hard work, it was good to see them come to fruition. Shafer stated the reputation in Juneau for Seward is; "Seward gets it done!" S~ City of Seward, Alaska Au!?ust 28, 2006 City Council Minutes Volume 37, Pa!?e CITIZENS' COMMENTS Tom Smith, clarified the Seward Marine Center had always been called the Seward Marine Center. He wanted all to realize the University would not move across the bay. The only user the University cares about was NOAA. He needed input if the city wanted the dock for other uses or wanted to own it. Ron Long, found it interesting the port authority would offer gas to coastal communities, particularly because they had none. He stressed P ACAB was not an engineering firm, but could be of assistance in answering the questions of ownership and whether to support the concept. He stated this was a University project so the city could not tell them to go across the bay. Long thought the city needed to focus on the conflict of uses and explore options, and he welcomed Darryl Schaefermeyer to PACAB. Scott Egger thanked the council for the spirited conversation and discussion on the SMC dock. Egger thought he had been terse with people, and knew he was a rain cloud, but hoped he brought that forth to make the city a better place. He thought some things needed to be addressed. He wanted answers to his questions, and spoke of perjury, document requests through the clerk's office, and railroading from another employee. Egge'lr wanted assurance that contracts were adhered to and thought it council's responsibility to follow through. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta wanted to know the potential revenue on each dock. He stated people were being turned away. Donham responded the gas was in the exterior, and the proposal was the only proposal that included the coastal communities. That was what made it interesting to him. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Jean Lewis City Clerk Vanta Shafer Mayor (City Seal) s'Z' AGENDA STATEMENT Agenda Item: September 11, 2006 Joh""," Doll",h'd,. A",,,,,,,, City Cle'~ r;r Non-objection to the Liquor License transfer of location for BPO Elks Lodge #1773 Meeting Date: From: BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license transfer of location for BPO Elks Lodge #1773. The City of Seward Police Department, City of Seward Fire Department, City Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the transfer of location of liquor license for the business listed above. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license transfer of location, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the Liquor License transfer of location for BPO Elks Lodge #1773. J '. 318: MEMORANDUM Subj: Kim Kowalski-Rogers, Finance - Leases Sue Magyar, Finance - Public Utilities Chief Tom Clemons - Police Department Chief David Squires - Fire Department Johanna Dollerhide, Assistant City Clerk A V Verifying Compliance for the transfer ofJation of Club Liquor License for BPO Elks Lodge #1773 Date: September II, 2006 To: From: The BPO Elks Lodge #1773 has applied for a transfer of location for their Club Liquor License. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials BPO Elks Lodge #1773 Finance/Leases FinancelUtilities Police Chief Fire Chief ~ c.iL- -Jrit- (fiB ~ ~ / ,( .,(" .,; ~~ ". " .......,._."..,.t; . KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599 BUSINESS (907) 714-2160 FAX (907) 714-2388 EMAIL: assemblyclerk@borough.kenai.ak.us ~ September 11, 2006 SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 e:i="P ,-.,1 '_ . Re: Transfer of Location #4670 Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the change oflocation ofthe following liquor license, located within the City of Seward, Alaska: Relocation LICENSEE: BPO Elks Lodge #1773 FROM: 149 4th Avenue, Seward, AK 99664 TO: 419 5th Avenue, Seward, AK 99664 If you should have any questions, please feel free to contact me. 11' c~ cc: Applicant City of Seward KPB Finance Department File S:\WPWIN\DATA\AIK Board\ABC Letters\Transfer\transfer location in city.wpd ,'-~ ~, State of Alaska Alcoholic Beverage Control Board Date of Notice: August 29, 2006 Application Type: NEW TRANSFER Ownership XX Location Name Change Governing Body: Community Councils: City of Seward None License #: License Type: D.B.A.*: 4670 Club BPO Elks Lodge #1773 Corp/LLC Agent: Address Phone Date and State of Good standing? Limited Partnership Gary AckeI1D3B- PO Box 426 907-224- AK 6/26/1946 Yes 6N') Seward, AK 99664 5741 419 5th Ave o Box 426 Seward, AK 99664-0426 907-224-3158 Fax 907-224-2699 92-6006729 Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have d II . I b d h h h Id I 10% h liste a prmc/pa mem ers an t ose w 0 0 at east o s ares. Member/Officer/Director: DOB Address Phone Title/Shares (%) David Paperman 9/22/72 10660 Fox Cir Seward, 907-224-5257 ER&O% AK Gary Ackerson 5/18/73 33978 Tressler Ave 907-224-5741 LK&O% Seward, AK Thomas Osborne 4/16/49 102 Madison Seward, AK 907 -224-80096 Secretary & 0% Ann Whitmore-Painter 6/30/57 29782 Seward Hwy. 907-288-3143 Treasurer & 0% Moose Pass, AK If transfer application, current license information: License #: 365 Current D.B.A.: BPO Elks Lodge #1773 C ~#..1773 urrent Location: eward, AK Additional comments: Restaurant Designation Permit Application will be sent via US mail. ORIGINAL APPLICATION MUST BE RETURNED. **Date of Birth * Doing Business As Cc: None j' 61 UIC~1 OvvcOl;ng Body - New I'ormlll p"~", 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.51 O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, ifnot satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.ll.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.01 O( d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.l1.090(e), and 13 AAC 104.660( e) must be approved by the governing body. Sincerely, /s/ Jane Hannan Jane Hannan Business Registration Examiner 62 Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 Johanna Dollerhide Subject: Jane Hannan [jane_hannan@dps.state.ak.us] Thursday, August 24, 2006 3:51 PM Johanna Dollerhide Kenai Peninsula Borough Penrod, Dinelle; Kenai Peninsula Borough taxes; Dawn Holland_Williams CORRECTION Club liquor license BPO Elks Lodge #1773 in Seward From: Sent: To: Cc: Attachments: Governing Body - Seward.doc ~ Governing Body. Seward.doc (4... 63 1 SEP-11-2006 MON 08:14 AM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8615 P. 01101 ... , '...... -- "._.~ KENAI PENINSULA BDRDUGH 144 N. BINKLEY - SOLDOTNA, ALASKA - 99669-7599 BUSINESS (907) 714-2160 FAX (907) 714-2388 EMAIl-:assemblyclerk@borough.kenal.ak.us ~ September t 1,2006 SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 RECEIVED S E PI.. '" "OJ U' 6'.' , _to Ll OFFV'r, C "v,,:::.O"T"- Ii '( CL' ,:. fit: ~ d;;K Re: Transfer of Location #4670 Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the change oflocation of the following liquor license, located within the City of Seward, Alaska: Relocation LICENSEE: BPO Elks Lodge #1773 FROM: 149 4th Avenue, Seward, AK 99664 TO: 419 5th Avenue, Seward, AK 99664 If you should have any questions, please feel free to contact me. cc: Applicant City of Seward KPB Finance Department File H:\WJlWlN\DATA\A1I!: uoarcI\ABC lAllGrr\TI\Ir...rc/umNfer IocaLian ill cl~1.-pd 64 ;;,tr- HJ-C:UUO 1 Ut Ut::. '1:1 rn rVLMf\ ;lC.Mf VVU.:J r nl\ 1'tV. VV I c..c..'1U I "tv I. V~ sure that the entire net haul is observed at the plant. Prohibition of tendering ill this are as re that the entire haul is plant observed. State- forced pelagic trawling over coral and rough bottom types in the Aleutian ands will keep ne from contacting the sensitive bottom habitat. This is to comply with e Council's intent to p tect sensitive EFH in the Aleutian Islands. Section 1080 he Magnuson-Stevens Act requires that for the first five ye up to 2S percent of the total avai ble pollock harvest in the Aleutians can be taken by ves Is less than 60 feet LOA. This Con ssional intent may best be met with pollock harve ed in state waters to provide for develop nt of the small boat Aleutian Islands pollock fish Lastly, the Traditional Al t Council of the Pribilof Island of St. G rge has requested a review and, if warranted, and exp ion of the Steller sea lion protecti measures to include 0 - 10 mile closure around the Oaln . Point haulout. The Aleut co unity of Adak supports the Dalnoi Point haulout closure as a ad-off for the requested ard of Fisheries opening of state waters to commercial fishing adjace to their community ar two haulouts and in other critical habitat in state waters in the Aleutian ands. Consider' g that the only three rookeries in the Central Aleutian Islands where SSL po lations are ot increasing are west of the 1780 W longitude line, and that the June 2004 N S d ment on SSL indicates that pollock only account for 2.7 percent of the SSL prey in th C tral Aleutians during the winter (December through April. 1990-1998). Since the Board's osed action is also a winter event, the impact on pollock would be small. Additionally, tka ackerel. which by itself accounts for 65 percent of prey selection, is a high-energ , abundan y available year round in the central Aleutians. Therefore it is unlikely that proposed fis near Adak would impact SSL, even ifthe 2001 Biological Opinion presu ion of nutrition an fishery activity were correct. WILL THE QUALIT OF THE RESOURCE PRODUCED BE IMP VED? Unknown. D OR PRODUCTS WHAT WILL HAPPEN IF N HING IS DONE? Fis 'ng in state waters for walleye pollock will remain closed in S er sea lion protected areas. WHO IS LIKELY 0 BENEFIT? Fishermen wanting to harvest walle pollock in state waters that are c ently closed, processors that currently have little or no port\mity to purchase polloe ,and coastal communities that are economically affected by large- fishing closu will benefit from access to the pollock resource. SOLUTIONS CONSIDERED? None. o P OPOSED BY: ADF&G on behalf of the Alaska Board of Fisheries (HQ-06F-OO ) ***......***....*************.....**.............***k****w*...*....******** c:J! Note: This proposal was deferredfrom the March 2005 and Oerober 2005 Board of Fisheries meetings. It was previously numbered Proposal 4S5 and split to apply to differenr areas. PROPOSAL 6 - 5 AAC 28.XXX. State waters walleye pollock fishery, Cook Inlet Area. Create a new regulation to provide for a state waters walleye pollock fishery as follows; 8 65 ::itJ'-\ ~-i:UUb I UI:. Ui:; ~u rn rULHl\ :JtHt' UUU:J fH/\ nv. ~Ulcc'lOI'lO r I V.J ~ The geographic extent of the fishery includes those state waters between 1490 W Longitude and 1500 W Longitude of the Central Gulf of Alaska that are beyond a 3.mile radius of SSL haulouts at Rugged Island, Chiswell Islands, and Seal Rocks (Kenai). This action would open the state statistical areas 495902, 495932 through 495938, 496001, and 496002 to pollock fishing. Gear, Other: The fishery would be open only to vessels using pelagic trawl gear. All fishing would occur under the terms of a commissioner's permit (Alaska Statute 16.05.050(10)), and specifically 5 AAC 28.379. The permit could specify fishing seasons, area, gear, logbook requirements, landing requirements, observer requirements, bycatch limits, etc. Daily limits equal to the trip limits (300,000 pounds) would also be imposed. The use of tenders in the fishery would be prohibited. Harvest Limits: ( '1\'."" Option A. Establish a state waters seasons in which the total harvest would be limited to 1,500 ~ 1'\1 ~~). metric tons, with the opening date coinciding with the CGOA pollock A season and an ,..-- Emergency order closure when the harvest level was achieved. Option B. Establish a parallel season wherein open season dates would coincide with the COOA pollock A seasons and no state harvest limit would be imposed. 100 percent onboard observer coverage would be used to monitor the harvest and VMS would be required. ISSUE: This proposal present management options for a state waters pollock harvest in the Cook Inlet Area, to provide fishery-dependent communities access to the pollock resource in waters adjacent to their communities. A historical pollock fishery occurred in state waterS in and around Resurrection Bay prior to fishing closures resulting from the 2001 Biological Opinion, designed to protect Steller sea lions " ,,) within critical habitat in the Cook Inlet management area. The average harvest of 2,000 MT ILi ~l~ \~ S from the affected area during 1996 to 1999 represents lost local opportunity to harvesters and \: fIU""'- processors, particularly in Seward. A small experimental fishery occurred in 2004 under a Commissioner's permit. This action would provide regulations for a pollock fishery in a portion of Cook Inlet state waters to restore historic harvest opportunity and provide economic stability for Seward processors and their workers. National Marine Fi.yheries Service rNMFSJ ProlJOiial Evaluation Information 1. The geographic extent of the changes to the fishery includes those state waters between 1490 9 66 SEP-) 9-cUUb IUt: Ui:: ~U t'I1 ruuu\ ;,tHr UUU;' rn/\ !'tV, OUIc..c...'1UI'1U W Longitude and 150Q W Longitude of the Central Gulf of Alaska that are beyond a 3-mile radius of SSL haulouts at Rugged Island, Chiswelllslands, and Seal Rocks (Kenai). This area is approximately 0.6% of the total area within GOA designated critical habitat. This action would open state statistical areas 495902, 495932 through 495938, 496001, and 496002 to pollock fishing. 2. The fishery would be open only to vessels using pelagic trawl gear. During 1996-1999, an average of 8 permits fished in the waters listed in # I above; the greatest harvest occurred in 1998 when approximately 8.7 million pounds (3,941 MT) were harvested. The average harvest within these statistical areas by mid-water pelagic trawlers is approximately 4.4 million pounds (1,982 MT). (See Table 1) All fishing would occur under the terms of a Commissioner's Permit (Sec. 16.05.050 (10), and specifically 5 MC 28.379). The permit could specify fishing season, area, gear, logbook requirements, landing requirements, observer requirements, bycatch limits, etc. Existing statewide regulation (5 AAC 28.073) establishes trip limits not to exceed 300,000 pounds (approximately 136 MT). Oaily limits equal to the trip limits would also be imposed. The use of tenders in the fishery would be prohibited. 3. Two harvest options are being considered: Option A would establish a state waters season in which the total harvest would be limited to 1,500 MT, with the opening date coinciding with the CGOA pollock A season and an emergency order closure when the harvest level was achieved. Option B would establish a parallel season wherein open season dates would coincide with the CGOA pollock A season and no state harvest limit would be imposed. 4. 100 percent onboard observer coverage would be used to monitor the harvest and VMS would be required. 5. Only those vessels holding a valid Commissioner's Permit would be allowed to participate in the fishery. Preseason vessel registration requirements will indicate fishery participation levels. For Option A, if registration levels indicate that participation levels will be too high to ensure that the harvest limit of 1,500 MT will not be exceeded, the commissioner shall close the fishery by Emergency Order. 6. Fishery duration would vary under each option above. 7. See #6. Table 1. Pollock harvest from those statistical areas within Cook Inlet Management Area that would open to pollock fishing under this proposal. Year Vessels Pounds Metric tons 1996 5 1,937,926 879 1997 6 3,873,854 1,757 1998 12 8,689,896 3,941 1999 10 2,983,335 1,353 Average 8 4,371,253 1,982 WHAT WILL HAPPEN IF NOTHING IS DONE? Fishing in state waters for walleye pollock will remain closed in Steller sea lion protected areas. WILL THE QUALITY OF THE RESOURCE HARVESTED OR PRODUCTS PRODUCED BE IMPROVED? Unknown. WHO IS LIKELY TO BENEFIT? Fishermen wanting to harvest walleye pollock in state waters that are currently closed, processors that currently have little or no opportunity to purchase pollock, and coastal communities that are economically affected by large-scale pollock 10 6'1 tJL:.J .Lv C.VVV JV"" Vc.'..J.L ItJ IVL.,nt\ r..1l..TUVVlh.J 1 JUl l1V. VVI'-'-1UI""lU fishing closures will benefit from access to the pollock resource. WHO IS LIKELY TO SUFFER? Unknown OTHER SOLUTIONS CONSIDERED? None. PROPOSED BY: ADF&G on behalfofthe Alaska Board of Fisheries (HQ-06F.002) *.***************......**A***********w*..*..~..***..**~*.**w*.***.*******.*.. 11 68 "'Lo~ ~V LVVV ~VLo VL.......L ~ ~I I V....~U\ .....LoIII vv......... \bo<"\' ~ e>t Ff-S~~\ ~ eS f,G. ~ox. It SS2b J tA..(\ ec..V\. ) A \~~k~ q 9~ II J"l M fY\~ ,Co 1- eX~c..t..d-\ve.. D~\ec-'to\ of \So~\J SL...~fOf"-\- Ph.(;)V'\€- - 90( - L1 b 5 - '-t \ \ 0 f::f7\-'f... - '107- 1...165- bo9l1 Oef\by LLoyd' D;~ec1o\ 6f CC>N'r""e..\t\;c...~ Ft)~e<,,~eS ...- /-~"f.. 907 ~ L.f6S- 260l.\ 69 September 2006 Monthly Planner 3 4 5 6 7 8 9 labor Day Offices Closed 7:30 PM P & Z Meeting 12:00 PM Historic Preservation Work Session 7:00 PM Ctty Council Budget Work Session 12:00 PM PACAB Meeting 10 11 12 13 14 15 16 7:30 PM Ctty 6:30PMP&Z 7:00 PM Ctty Council Meeting Special Meeting Council Work LTCF CUP Session Permit Permit & Planning 17 18 19 20 21 22 23 9:00AM-1:00PM 12:00 PM PACAB 12:00 PM Social Security Rap Work Session Historic Preservation Work Session - 6:30PMP&Z CLG Grant Special Meeting Rock Extraction Lowell Canyon 7:00PM P &ZWork Session 24 25 26 27 28 29 30 7:30 PM Ctty 7:00 PM -9:00 6:30 PM Historic Council Meeting PM Meet the Preservation Candidates Special Meeting Night 7 October 2006 Monthly Planner 1 2 8 9 7:30 PM Coy Council Meeting 3 4 5 12 6 7:30 PM P & Z Meeting 13 7 14 15 16 17 18 19 20 21 7:00 PM Budget 6:30 PM P & z 7:00 PM Budget 7:00 PM Budget 7:00 PM Budget Work Session Work Session Work Session Work Session Work Session 7:00 PM Budget Alaska Day Offices Work Session Closed 22 23 7:30 PM Coy Council Meeting 29 30 Election Day 12:00 PM PACAS Meeting 10 11 6:30 PM Historic Preservation Meeting 24 25 31 iGJic-~",f;'f~r; 26 27 9:00 AM -1 :00 PM Social Security Representative 28