Loading...
HomeMy WebLinkAbout01042007 Planning & Zoning Packet Seward Planning & Zoning Commission January 4, 2UU6 Marianna Keil Chair Term Expires 02107 Tom Smith Vice-Chair Term Expires 02107 Margaret Anderson Commissioner Term Expires 02109 Kevin Clark Commissioner Term Expires 02109 Lynn Hohl Commissioner Term Expires 02108 Sandie Roach' Commissioner Term Expires 02107 Bob Hicks Commissioner Term Expires 02108 Marvin Yoder Interim City Manager D. Scott Williams Planner Christy Terry Executive Liaison 7:3U p.m. Re1f:~~!!~~:~=! 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement B. Other Reports, Announcements & Presentations - None. 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 Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.) 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak) Planning & Zoning Commission January 4, 2006 Regular Meeting Agenda Page 1 A. Unfmished Business requiring a Public Hearing- 1. Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of the Subdivision of ATS No. 174, Within The NW \4 of Section 3, Township 1 South, Range I West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A. ............... ..Page 3 B. New Business Items requiring a Public Hearing - None. 8. Unfinished Business - None 9. New Business A. Set January 16, 2007 Work Session Topic as details for "Community Values Meetings." ............................ .................... ........ ....... .... ............ ............. ............. .Page 12 B. Discuss Quarterly Joint Work Sessions with Seward Bear Creek Flood Service Area Board * C. Approve November 16,2006 and December 5, 2006 Regular Meeting Minutes............ ............ ..... .............................. .............................. ..... ........................... ................ Page 19 10. Informational Items and Reports (No action required) A. Seward Bear Creek Flood Service Area Board Agenda for January 8, 2006. .......... ........... .......................... ............... ......... ................... ....................... ................ Page 34 B. Seward Bear Creek Flood Service Area Board Approved Minutes for November 2006.......... .... ...... .............. .................................... ......................................... Page 35 C. ARRC - Army Corps of Engineers Application of Permit (dock extension) .......... ....................................................................................................................... Page 48 D. Japanese Creek Floodplain Letter from Floodplain Management Program Coordinator Christy Miller ..........................................................................Page 59 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak) 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Regular Meeting Agenda Page 2 Planning & Zoning Commission January 4, 2006 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2006- 25 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE SUBDMSION OF ATS NO. 174, WITHIN THE NW % OF SECTION 3, TOWNSIDP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, MARINA SUBDMSION, SEWARD RESORT ADDITION, TO CREATE A "TRACT A" WHEREAS, Cline and Associates has submitted a preliminary plat which would create "Tract A" by the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition, to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the property is zoned HC, Harbor Commercial; and WHEREAS, this platting action creates a new lot known as Tract A with an area of approximately 2546' square feet; and WHEREAS, the proposed subdivision meets the requirements of Title 15, the Seward Land Use Code; and WHEREAS, the newly created lot may be leased to the Department of the Army by the City of Seward for the development of a new marine dispatch building; and WHEREAS, the property is currently serviced by municipal water and electric services; and and WHEREAS, the property is not currently serviced by municipal sewer service; WHEREAS, the Utilities Department has stated that a modified subdivision agreement may be required for this subdivision for the provision of sewer service and may be provided for in the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Seward Planning and Zoning Commission Resolution 2006-25 Page 2 on Section 1. The Commission recommends that the City Council and the Kenai Peninsula Borough approve the "Tract A" by the subdivision of A TS No. 174, located within the NW \4 of Section 3, Township 1 South, Range 1 West Seward Meridian, Marina Subdivision, Seward Resort Addition, subject to the following conditions: a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system. Section 2. The Commission recommends the newly created lot be available for disposal by lease. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of December, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Li P&Z Agenda Statement Amendment Meeting Date: January 4, 2007 .. o~ S"1f< !:-"'~~b~~ l.I "\~';""~. ;;;~;~.~ 1(451'-'" Through: Administration D. sc~s, Planner From: Agenda Item: Resolution 2006-25 Preliminary Plat Review of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range I west, Seward Meridian in Marina Subdivision, Seward Resort Addition. The Seward Planning and Zoning Commission took public hearing and discussed the above-mentioned plat at their regular December 5th meeting. The Commission moved to postpone the case and directed Staff to provide additional information. The case was rescheduled for January 4, 2007. The following information is in response to P&Z queries: The plat, as proposed, was expected to violate the City setback requirement for the Harbor Commercial zoning district on the west side of the parcel. The applicant was made aware of the situation and has provided a letter requesting that the Commission approve the preliminary plat conditioned that the building will be removed prior to the recording of the final plat. Parking for the facility is to be accommodated on the adjoining city property based on previous use of the facility and that the parking spaces required for the existing and future use (boats dispatched from the proposed facility) were accounted for in the development of the X-Float parking lot. Provision of the necessary utility connections and / or extension will be made prior to recording of the ftnal plat as a part of, and subject to, the lease agreement, or by a subdivision agreement. The requirement to provide access to the newly created parcel will be met by access easement connecting the parcel to Port Avenue prior to ftnal plat. The original P&Z Agenda Statement mentions the potential development of a "caretakers" residence which is not allowed in that zoning district. Even though any future use or development would be subject to City of Seward Land Use ordinances at the time it occurs, Staff is requesting that the term caretaker should be struck from the December 5th P&Z Agenda Statement Memo and replaced with the term apartment. The proposed parcel, although it is situated upon a filled area, appears to fall partially or wholly within the Coastal "V" Flood zone overlay. Any development of structures on the parcel shall be subject to the provisions of Title 15, Chapter 15.25 Floodplain Management of the Seward City Code. RECOMMENDATION: City of Seward Staff recommend the Planning and Zoning Commission approve Resolution 2006-25, recommending the Seward City Council and Kenai Peninsula Borough approval of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition. r ~') CLINE AIID ASSOCIATES WD SI8mB.S P.O. Box 2703 4164thAve Seward, Alaska 99664-2703 Phone 907-224-7324 Fax 907-224-6088 December 14,2006 Seward Planning & Zoning Commission Seward Community Development P.O. Box 167 Sevvard,AK.99664 RE: PRELIMINARY PLAT SUBMITTAL MARINA SUBDIVISION SEWARD RESORT ADDmON Mr. Williams & Members of the Commission, The public hearing for this plat was postponed at the December P&Z meeting due to the setback issue with the existing building on the parcel. The building in question is to be removed and replaced by the Seward Resort. I am requesting that you approve the preliminary plat as originally submitted with the conditional approval requirement that any non-conforming structures be removed prior to the recording of the final plat. Please reconsider the plat and continue the public hearing at your earliest convenience. Sincerely, I /irt/ ff/~.' 1/'7, i/I,/,<4 . ~ v' r./, Wm. Nicholas Cline L.S. _'7 P&Z Agenda Statement Meeting Date: December 5,2006 r Of S"11i ~~1\ t: ~b. ~ ;'-.......0 " ...\~.i...<;.~:t '-:;,;'~~~i' <1(45"-'" Through: Administration D. Sco~ams, Planner From: Agenda Item: Resolution 2006-25 Preliminary Plat Review of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range I west, Seward Meridian in Marina Subdivision, Seward Resort Addition. Staff Review and Analysis: Attached for the Commission's review and recommendation to the Seward City Council and the Kenai Peninsula Borough Planning Commission is a preliminary plat for the subdivision of Alaska Tideland Survey (ATS) 174, within the NW \4 of Section 3, Township I South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition to form a new "Tract A." Cline and Associates, on behalf of the Department of the Army, has submitted a preliminary plat delineating the proposed subdivision. The resulting parcel will consist of an area approximately 2,546 square feet. The newly created parcel will be leased by the City of Seward to the Department of the Army for the development of a marine dispatch center and caretaker's quarters. The property is physically located on the southwest comer of the "Z" float and launching ramp parking lot, north ofthe Seward Harbor. In accordance with borough requirements, the city must review and comment on a plat before submittal to the borough for approval. Subdivision Requirements Review: Zoning: Both adjoined lots are in the (He), Harbor Commercial zoning district. This zoning district requires no minimum buildable lot size. The minimum lot width required is thirty (30') feet, and the resulting lot will have a minimum lot width of approximately forty- five (45) feet. There are no other dimensional requirements therefore the proposed subdivision meets the dimensional standards of Title 15. .,-" Setbacks: This subdivision will not affect existing structure setbacks although any new structure will be required to meet setback requirements of Title 15. Easements: City of Seward utilities officials have reviewed utility corridor requirements in the vicinity of the new parcel and may need to establish one or more easements along the boundaries and / or across the new parcel. Utilities: The property is served by the existing water and power service. Sewer service is available in the near proximity to the proposed parcel. The proposed parcel is surrounded by city property and access is provided via a thoroughfare located in the middle of the parking lot leading to and from Port Avenue. An agreement may be required for necessary improvements. There are fire hydrants within approved distances. Existinf! Use: The existing use of the parcel "area" is for the Seward Resort marina dispatch. The newly created lot will have the same use. Flood Zone: The lots are not within a flood zone. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan 2. Strategic Plan 3. Code Review x X L- RECOMMENDATION: City of Seward Staff recommend the Planning and Zoning Commission approve Resolution 2006-25, recommending the Seward City Council and Kenai Peninsula Borough approval of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition. ~ -v~<o..... 'f,;.", ",'" "<>>" "9'.A 0' '..J SURIlEYQR'S CERTIFICATE I I I I I -1_ I hereby certify that; I om properly registered and licensed to practice land surveying In the Stote of Alaska. this plat representl$. (I survey made by me or undef" my direct supervlsior'l, the monuments shown hel"80n Qctually exist os described, and all dimensions and other details Ofe correct to the normol standards of practice of kmd surveyors in the Stote of Alaska, DATE ,-, I<''b~ I [!] I~I ILiJ L_:=J .? --> X" Concrete Ramp ....... ",0'" Porldng ~ U><;.- ,,~ ~" (:,. o'? 0'0 ~ <Sl~" "t6f'Cb"'9'-'$;O..... ..,C'~. "f-~ lIl": C'~C'...o ~ ..n~ ""\t ~Q~.~~t:.-<$lo o\l'\~ < ~ c>.1"..... ~....'?o- "9'.A 0' .? --> X" WASTEWA TER DISPOSAL Plans for wastewater disposal. that meet regulatory requirements Ofe on file ot the Deportment of Environmental Conservation. NOTES This parcel Is lWbject to thlll City of Seward Zoning and lOl"ld Use Regulations. This plotting action will require an exception to KPB 20.20.200. which requires frontage on dedicated streets. This pores' may be located in a designatecl flood hazard area, jf such is the case, then development must comply with Chapter 15.25 af the City af Seward land use rEl9ulotiOflS. LEGEND 41 Faund Rebar &. AI. Cop LS5152 . found Rebar &. PI. CC'JP LS7569 . FOtlnd Rebar (II Set 5/8)(24~ Rebar & PI. Cop LS 7569 il Fire Hydrant Utility Pole rel4COmm Pedestal [!l Electric Transformer ~.J'l<O .'" ,.. . "" ""a 'b rOFSEWARD l I I NOY 1 4 2006 : i i ---- - ' /' t'"_..__ _,,_. -=.....:::::..__. ~.__~-l PLANNING OFFICE ~",~1'! "'~ "'~<S> PLAT APPROVAL Thl. plot wall appraved by the Kenai PenlnllUlo Borouflh Pfonnlnq Cornmlsllon at the meeting af: Borough Official .w .. CERTIFICATE OF OWNERSHIP ANO DEDICATION , hereby certify that 'fie ore the ownere of the real prQpel'ty shown aM dsscrlbed hereon and that we hereby adopt this pion af subdivision, and grant all easements by our free consent, City of Seward P.O. Box 167 Seward, AK 99664 NOTARY'S ACKNOWLEDGMENT . FOR SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF . 20 NOTARY FOR ALASKA MY COMMISSION EXPIRES LESSEE CERTIfiCATE , hereby certify that we are the lessee of the property os shown hereon, and that we hereby approve this subdivision. Seward Resort P.O. 80' 329 Seward, AK 99654 NOTARY'S ACKNOlNl FOC'.uENT FOR SU8SCRIBE.O AND SWORN TO BEFORE ME THIS DAY or . 20 . NOTARY FOR AlASKA MY COMMISSION ExPIRES MARINA SUBDIVISION SEWARD RESORT ADDITION A SUBDIVISiON OF A PORTION OF: ALASKA TIDELANDS SURVEY NO 774 LOCA TED WITHIN THE NW 1/4 SECTION 3 TOWNSHIP 1 SOUTH, RANGE 1 Ilf"ST SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT CITY OF SEWARD CLINE AND ASSOCIATES LAND SURVEYORS 416 4th AVENUE PO BOX 2703 SEWARD, .A.K 99664 (907) 224-7324 FAX (907) 224-6088 DAlE: 11 13 06 SCALE: '-.40' ORA..,.; WNC F.O, BK.: 06-03 ORA~G NO.: 06-59PP K.P,B. Fn..E f: 2006-XXX MEMORANDUM City of Seward Community Development Date: To: January 4, 2007 Planning and Zoning Commission Through: Scott Williams, Planner ~ Christy Terry, Executive Liaison From: Subject: January 16, 2006 Work Session The Commission should set a Work Session Topic for their next Work Session. Administration recommends the Commission set the January 16, 2007 Work Session Topic as "Details for the Community Values Meetings." The Community Values Meetings are scheduled for February 7,2007 and February 8,2007. Currently the Junior High School Main Lobby area has been reserved for the venue, but there are outstanding details that require Commission direction. The Planning and Zoning Commission has approved their 2007 Meeting Schedule, but will recommend to Council the Commission's 2007 priorities at a later meeting. No items were submitted to the Community Development Department before the deadline to hold a Public Hearing on January 16, 2006. RECOMMENDATION: Commission approves "Details for the Community Values Meetings" as the Work Session Topic for January 16,2007 at 6:30pm. \L.- Memorandum CITY OF SEWARD COMMUNITY DEVELOPMENT Date: January 4, 2006 To: Planning & Zoning Commission From: D. Scott Williams, Planner Subject: 2007 - Planning & Zoning Meeting Schedule This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2007. Unless otherwise noted the P & Z regular meetings will begin at 7 :30 p.m. The "Scheduled Special Meetings" shall be held ONLY if a Public Hearing item is on the agenda otherwise the meeting will be held as a work session commencing at 6:30 pm. Month Re2Ular MeeOOl! Special P & Z MeeOOl! for Public Hearinl!S or scheduled Work Session January January 2nd January 16th February 6th February 7th and 8th Community Values Meetings February 20th scheduled Work Session March 6th March 20th February March April April 3 rd April 17th May May 3rd (Thursday) May 15th (Borough Assembly in Seward May I") June June 5th June 19th July July 3rd July 17th August August 7th August 21 st September September 4th September 18th October October 4th (Thursday) October 16th (KPB & Local elections October 2nd) November November 8th (Thursday) November 20th (National Election November 6th) December December 4th December 18th If you have questions or concerns, please call 224-4065 or email swilliamsrlV.cityofseward.net \~ Sponsored by: Planning and Zoning Commission CITY OF SEW ARDt ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-14 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION RECOMMENDING THE PLANNING COMMISSION PRIORITIES FOR 2006 WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission every March to address areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session in Older to review priorities on March 21, 2006; and WHEREAs, the Commission respectfully requests the Council review and provide comments on the priorities developed by the PIIlDning and Zoning Commission; and WHEREAS, at the May 4th, 2006 meeting the Planning and Zoning Commission reviewed the recommended priorities and approved submission to Council for further guidance. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following list of priorities with status updates and timelines is hereby recommended to the City Council for review and comment: PlanniD2 Proiec:ts 1. ADA Transition Plan - The ADA Transition Plan needs to be completed. Add ADA review to building permit review and include it for Certificate of Occupancy review. Encourage increased communications between the Building and Engineering Department and the Commission. Encourage the Independent Living Center to provide facility inspections and status updates. 2. Capital ImDrovemeot Plan -The Capital Improvement Plans may be reviewed by the Commi$.'llOn prior to submittal to Council. If a two year budget cycle is approved by Council, this type of review could be done in the off year. \~ Seward Planning and Zoning Commission Resolution 2006- I 4 Page 2 3. ARRC Master PIan - Maintain involvement with the process and review the ARRC Master Plan. Encourage the ARRC to make presentations. 4. Airoort Master Plan - Submit recommendations on the Airport Master Plan to the Alaska Department of Transportation, Public Facilities. The draft should be ready for review once the environmental studies have been completed. 5. Municioal Lands ManslJement PIan (1995) - Recommend to Co1DlCil that it be updated. This update could be done by administration. 6. Parks and Recreation Master Plan (1993) - Recommend to Council that it be updated. 9. State lands and ROW Recommendations. Become more involved and provide recommendations to Co1DlCil on local OOT projects. Research the level of involvement provided by the Anchorage Metropolitan Area Transportation Study (AMATS) and/or similar bodies. 10. Coastal Zone Management Plan. Make recommendations to the Borough on the Coastal Zone Management Plan. I I. Planninl! Commission Rules of Procedure. - Develop and adopt. Code Revisions 1. Nonconfonnml! structures and setbacks - Ongoing, being reviewed through work sessions and applicant driven conunission actions. Review and recommend vacation of excess easements. 2. Subdivision Ordinance Revision - Ongoing, the application forms need to be revised. 3. Historic Overlay District - Investigate historic structure construction exemptions with the full involvement of the Historic Preservation Commission. Encourage a joint work session and resolution. 4. Definitions - Consolidate the Title 15 definitions and consider reformatting sections. 5. Waterway buffers - Research buffer options and seek training. Encourage the involvement of the Seward Bear Creek Flood Service Area Board and the United States Forest Service. 6. Parlcing - Amend the City Parking Ordinance to bring it in compliance with the Americans with Disabilities Act. Seek public involvement in the process. ./ '.j Ij Seward Plarming and Zoning Commission Resolution 2006-14 Page 3 City Land. Ricbt-of-Ways & PI.tUn" Proiects 1. City Land disoosal oolicies and procedures - ClarifY, emphasize land use permits when more appropriate than leases and emphasize use of the Municipal Lands Management Plan. 2. Two Lakes Park Reolat - Ongoing, all private in-holdings have been acquired. Vacate interior lot lines and rigbt-of-ways, and ensure accesses are maintained. Acquire the 29 adjoining acres in USS 1931. Hopefully Parks and Recreation will be able to seek grants to assist with this project. 3. Waterfront Park Replat - Vacate interior lot lines and right-of..ways. Administration needs to initiate action on it. 4. Transfer the old National Guard armory to A VTEC - Encourage but continue to maintain access to Two Lakes Park. Staff will need to do research and forward recommendations to the Commission and Council. 5. ARRC Lands - Continue to work with the Borough and the ARRC to ensure orderly development and subdivision activities take place prior to development. Invite the ARRC to make presentations. 6. Clearview Subdivision Utility Easement/Alley - Conduct outreach with the property owners in the subdivision to seek solutions. 1he utility easement might be eligible for prescriptive easement status. 7. Nash Road bench study - Use dedicated proceeds from sale of City land to the Andersons. Forward recommendations to the Commission and COWlCiI during the budget sessions. EnfolTemeot 1. Applications need specific packets with checklists - Encourage tight response times for permit reviews. 2. Conditional Use Permits - Have staff bring before the Commission for an annual review. 3. Zoninr- Code Violations - Proactively evaluate methods to obtain compliance including researching techniques and procedures for issuance of citations. Encourage public education about the need for the requirements in the zoning code. \\D Seward Planning and Zoning Commission Resolution 2006-14 Page 4 4. Trainin2 - Seek training on land use regulation processes. Conditional Use pennits, spot zoning, overlay districts, platting, Open Meeting Act and overall review of duties and responsibilities of the Planning Commission.. 5. Community Values Meeting - Hold an annual work session which will encourage the public to speak out on the community values they want changed or sustained, preferably in the third week of September. 6. Street Addresses - Publicize the need to post street addresses. Section 2. This resolution shall take effect immediately upon its adoption. P ASSEDAND APPROVED by the Seward Plannmg and Zoning Commission this 4th day of May, 2006. THE CITY OF SEWARD, ALASKA ) ~~ '..-,,, ..,....c;.. . . ~1~<-, ~riaDDa KeiJ, Ch. . AYES: NOES: ABSENT: ABSTAIN: Clark, Hohl, Strobel, Anderson, Smith, Keil None Roach' None ATTEST: J Ci Clerk, CMA',....",,'1. ~'P- Of SEJ1t. <t"1; 1ft'" ~ ......... '1~ ~#. (City Sea>>'" a-~.....~POfi..;~....~ '\. --.. ~.. ~ =i'-'- ..: = : SE hT ~ · · . : 'Jl-u..t i.: = . . .. ~\ --- .:: ~ ... "'.. ~"',,'_I te. .n.....:':JV:f'!o \9.....u ~ ",~~.~..'lo':' b,c:,"f:" ~~ '#,:... ~ 0 F ,........ ~'\'\..... ~"",...,",,' \ l Suggested timeline ofP&Z priorities for 2006 Feb -.- --vLKPlf Coastal ZOiie Management PlBii;.ieVicw----' .-_. - - - -. 2. Parking code, review March ....- Annual joint P&l1Council work session, as required by Code, review: a. Comprehensive Plan & Land Use Plan (2003) b. Municipal Land Use Plan (1995) c. Parks & Recreation Master Plan (1993) <I; Subdivision ordinance (Title 16) April 1. Comprehensive Plan, present for annual review as a public hearing item 2. Presentation on Transportation or Transit Committees, such as the Anchorage Metropolitan Area Transportation Solutions. The intent would be to learn how to have more local involvement with DOT projects. May .. 1. Review Historic Overlay District in a joint work session with the Historic Preservation Commission v 2. ADA Transition Plan, review June 1. Capital Improvement Plan (annual), review July Nothing. August Nothing. September Community Values discussion at a community meeting October Title IS Definitions, review and consolidate November Annual review oftbe CUPs which were issued ~~ City of Seward, Alaska November 16,2006 Planning Commission Minutes Volume 6, Page 11 7 Call to order The November 16, 2006 regular meeting ofthe Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Clark led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Lynn HoW Sandie Roach' comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison Absent: Tom Smith City Administration Report Planner Scott Williams reported on the following items: · Council was in the process of hiring an Interim City Manager and would hold interviews and a Special Meeting on November 21,2006 · A public workshop was held today regarding the City of Seward Conference Center in the Mary Lowell Center and the summary report with further meeting notice was provided as a lay down for the Commission. · The packet ofinformation from the Land Use Law Training held on October 24, 2006 was provided as a lay down at each Commissioner's seat at the dais. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board - Not in attendance. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - \~ City of Seward, Alaska November 16,2006 Planning Commission Minutes Volume 6, Page 118 Motion (HohVAnderson) Approve the Agenda and Consent Agenda Hohl requested the addition of item 10. c., "Discussion to amend the Planning and Zoning Commission's Agenda Format." Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: Resolution 2006-24, recommending the Kenai Peninsula Borough approval of the Replat (Consolidation) of Lots 4 and 5, Block 3, Leirer Industrial Subdivision, Replat. September 12, 2006 and September 19, 2006 Special Meeting Minutes and October 5, 2006 Regular Meeting Minutes. New Business - Select Topic for November 21, 2006 Work Session Keil suggested using the Work Session to discuss the Community Values Meetings in February . In response to Keil's questions, Williams understood the VISTA Survey results were summarized and the Administration was discussing how to best disseminate the information. Williams stated he would need to review the document to understand how it could best be used in conjunction with the public meetings. HoW suggested the VISTA survey results could be discussed at a work session. HoW asked Williams if another work session was needed for the February Community Values Meetings. Williams stated another work session was needed within the next eight weeks to continue to plan for the Community Value Meetings, however since these meetings were scheduled for February, there were other topics the Commission could discuss at their next work session. He listed the items the Commission was in the process of addressing such as the Sign Code, Zoning Code Definitions, and the items William suggested such as Commission Rules of Order. In response to HoW, Williams recommended the Commission address, because of the aesthetic and value based nature of the topic, the Sign Code at their work session. He noted copies of various Sign Codes had been distributed to the Commission. Williams stated he would be unable to attend the next Commission Work Session, but the Commission could develop a frame work for a new sign ordinance. In response to Commission comments, Williams stated it would be a long involved process to clarify and update the definitions in the Planning and Land Use portion ofthe Seward City Code. He ('"" ryJ City of Seward, Alaska November 16, 2006 Planning Commission Minutes Volume 6, Page 119 explained the whole City Code would need to be examined to consider discrepancies between the titles. Keil noted a work session had been held on the Municipal Land Use Plan and the Commission had decided to update this Plan in conjunction with the Community Values Meetings. In response to HoW, Keil noted there were many pieces of property that needed to be identified by Administration prior to the Commission addressing the Municipal Land Use Plan. HoW felt a discussion was needed to develop how the Municipal Land Use Plan would be incorporated into the Community Values Meetings. Roach' suggested a review ofthe Parks and Recreation Master Plan as the topic for the Work Session. Parks and Recreation Karin Sturdy could be invited to present to the Commission. Anderson suggested if Sturdy was unable to attend their scheduled Work Session, the Commission could discuss the current Sign Code. By general consensus, the Planning and Zoning Commission set their November 21,2006 Regular Work Session as, 'Review of the Parks and Recreation Master Plan.' ICParks and Recreation Director Karin Sturdy was not available for this date, then the Commission would hold their Regular Work Session on, 'Review of the Seward City Sign Code.' Informational Items and Reports (No action required) September 11, 2006 Flood Board Minutes In response to HoW, Williams clarified Flood Plain Permits within City Limits were provided to the Seward Bear Creek Flood Service Area Board. Terry stated she attended the Flood Board Regular Meetings, and provided copies of Flood Plan Permits and applicable Conditional Use Permits at the Board's request. Terry acted in her Liaison capacity and facilitated information being brought back to Administration from the Board. Williams stated more time was needed with the Chairman and Administrative Assistant from the Bear Creek Flood Service Area Board to develop an understanding of Borough, Flood Board and Seward Planning and Zoning Commission responsibilities. HoW clarified the Flood Board acted in an advisory capacity for the Borough Planning Commission. She thought the Flood Board would be advisory to the Seward Planning and Zoning Commission. HoW stated there were now three entities overseeing the streams in the area. She stated in the past, as a courtesy, a Flood Board Member had attended a Seward Planning Commission Regular Meeting. Anderson expressed interest in having additional information on the Board's activities. 1--\ City of Seward, Alaska November 16.2006 Planning Commission Minutes Volume 6, Page 120 Williams stated he would obtain clarification on these issues and report back to the Commission. Keil preferred the Flood Board act in an advisory capacity to the Seward Planning Commission. Clark remembered the original intent was to have the Flood Board look at flood issues in the area as a whole; however, the Borough did not have the ability to usurp Seward's Home Rule powers within City Limits. Hohl noted the Flood Board acted in an advisory capacity for the Borough Floodplain Administrator, and the Board would only be able to act in an advisory capacity for the City if they were provided pertinent information. Anderson agreed that communication between the parties was important. Terry informed the Commission that Public Works Director WC Casey also attended the Flood Board Meetings. Keil welcomed the increased communication between the Board and the City. Hohl suggested a designated seat on the Board for the City of Seward. Williams stated the October flooding event underscored the need for planning and action with regards to the management of the floodplain. He sensed the Board was very serious about the job they were given. Hohl and Clark discussed the community's desire for this Board. Anderson supported facilitating the Board's success. City of Seward Elected & Appointed Officials Contact Sheet - 10/25 Update Keil thanked staff for the Contact Sheet inclusion in the packet. Discussion to amend the Planning and Zoning Commission's Agenda Format Hohl requested a report added to each meeting regarding the interpretation and abatement action on reported Title 15 violations. She stated the Seward City Code required this information given to the Planning and Zoning Commission at their regular meetings. Hohl suggested this item could be a subset of the Administrative Report or part of Informational Items and Reports. ~v City of Seward, Alaska Vovember 16. 2006 Planning Commission Minutes Volume 6, Page 121 In response to Keil, Williams noted he received one reported violation during his tenure. He noted the reported violation involved a shed being built in the right-of-way and a letter to the property owner was generated by the Building Department. In response to Keil, Williams agreed to include reported violations in his Administrative Report. In response to Roach', Williams stated the Community Development Department took action on every complaint received. He mentioned some items were of a class action nature, and the Community Development Department did not have the resources to fully pursue every known violation of the Zoning Code. The Commission discussed the merits of placing the, "Reported Violations, Interpretation and Abatement" under the City Administration Report or Other Reports, Announcements & Presentations. Clark questioned how this would effect the Commission's role as the appeal body for decisions made by the Community Development Department. Hohl stated that the reported violations, interpretation and abatement items would be strictly informational items when presented to the Commission. She stated no action would be taken on the items by the Commission. Commission Comments - Hohl reviewed the items that pertained to Seward from the Kenai Peninsula Borough Assembly Packet. She noted her seat on the Borough Planning Commission was open and mentioned that Tom Smith had stated his interest. Roach' asked Hohl for details on the Assembly's Road Improvement Item on the Assembly's agenda, and received clarification this item was addressing design work. Roach' welcomed the Seward Phoenix Log reporter in the audience. Clark reported on Andy Baker's Hydroelectric Power from Lowell Creek Canyon Presentation the previous night. He discussed Mr. Baker's ideas of using a second tunnel to extract power and provide some flood relief, and also the possibility of underground water to utilize in the winter months. Clark discussed the idea of running the water down to a Hydroelectric Plant on the bay. Hohl stated she was at the meeting and the concept seemed to have potential. Clark stated the proposed hydroelectric generation would be at around 4 megawatts. He was most encouraged with the partnership of flood mitigation and energy generation. Clark reiterated his interest in the project. "v~ City of Seward, Alaska November 16, 2006 Planning Commission Minutes Volume 6, Page 122 Keil informed the Commission that the Council would be addressing the 2007 City of Seward Budget at their next Council Meeting. Williams clarified that the proposal before the Council had the Community Development Director taken from the budget. He explained the Department would be staffed with a Planner and the Planning Executive Assistant. Williams noted the Executive Liaison was under the direction of the City Manager. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - In response to Williams, the Commission had a discussion and concluded the "Reported Violations, Interpretation and Abatement" report should be a housekeeping item added to the Commission Agenda by Administration. Adjournment Meeting adjourned at 8: 20 pm. Marianna Keil Chair Christy Terry Executive Liaison (City Seal) /'v~ City of Seward, Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 12 3 Call to order The December 5,2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Clark led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Lynn Hohl Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison Absent: Sandie Roach' City Administration Report Planner Scott Williams reported on the following items: 1) ARRC was pursuing permits to expand their freight dock in the Harbor. 2) Williams and Keil attended the Seward Bear Creek Flood Service Area Board Meeting the previous evening and discussed having a joint work session between the Flood Board and the Planning and Zoning Commission. 3) The two issues under Reported Violations, Interpretation and Abatement were: a) An enforcement letter was sent on November 8th to the property owner who built a shed in the right-of-way of A Street. The property owner had 90 days from the date of the letter to respond to the City. b) A phone call was received from a citizen regarding a banner on a public fence. Williams did not examine the sign other then to notifY the owner that the sign may not be on public property, nor could the sign be view obstructing. He noted the banner sign was moved to the side of their building within two days. Williams stated he would pursue the owner obtaining a sign permit. 4) Interim City Manager Marvin Yoder would begin on December II, 2006. Other Reports, Announcements and Presentations '}LJ City of Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6. Page 124 Liaison from Seward Bear Creek Flood Service Area Board - None. Williams noted the Board discussed this issue at their last meeting, but postponed any action because the whole Board was not in attendance. Parks and Recreation Director Karin Sturdy - Parks and Recreation Master Plan Update Parks and Recreation Director Karin Sturdy reviewed the Parks and Recreation Master Plan including accomplishments achieved since the plan's implementation in 1993. Sturdy listed Parks and Recreation's Capital Project requests. She outlined her process to update the plan. Sturdy concurred with Smith's assessment that the Parks and Recreation Master Plan review should be part of the Community Values Meetings in February. Anderson stated there were many items to review since the Plan was written in 1993. She specified the Parks and Recreation warehouse was in a deplorable condition and there were higher better uses for the Forest Acres Campground area. Hohl felt it was a great benefit to the Community whenever parks and recreation items were reviewed. Anderson felt now was a good time to pursue a Community Center on Borough property. She stated the Seniors were looking to someday relocate their Center to a location that included housing. Sturdy noted the current Parks and Recreation Master Plan was sent to the Executive Director of the Senior Center for review. Sturdy directed the Senior Center to the section of the Plan discussing the Community Center. She noted this item was scheduled to be part of the Senior Center Board's Meeting in January. Sturdy also discussed her conversation with the Borough Lands Officer regarding the placement of a new soccer field. The Borough Lands Officer suggested the location of the old Junior High School, but Sturdy suggested the field would be better if attached to the new Junior High. Anderson advocated watching the situation very closely. Hohl felt locating the soccer field at the old Junior High's location would defeat the purpose of keeping kids safe from vehicular traffic. Clark questioned how the Commission could assist in the next step of the process. Keil stated the update should be part of the Community Values Meetings in February. UJ City of Seward, Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 12 5 Anderson requested a work session prior to the Values Meetings to review the progress on the Parks and Recreation Master Plan. Smith concurred with the need for a Work Session to solidify what aspects of the plan needed to be addressed. HoW felt it was Parks and Recreation's responsibility to update the plan and the Commissions responsibility to review those updates. Smith agreed but felt the Values Meetings could be used to help in the process by providing community direction. Keil encouraged the Values Meetings occur prior to a further Work Session on the Parks and Recreation Master Plan. She noted this would provide valuable community input. Williams stated the more information addressed in the Parks and Recreation Master Plan, the less information was needed under the Recreation Section of the Comprehensive Plan. He noted the Parks and Recreation Master Plan could then be cited under the Comprehensive Plan. Williams stated these types of plans were subsets under the umbrella of the Comprehensive Plan. He understood from Sturdy's presentation that she was trying to develop how big to build the frame of her plan. Williams understood from her presentation that the scope of the updated plan would be larger then the current plan. Keil articulated the importance of allowing Sturdy to begin administratively updating the plan and stated it would be a nice draw for the Community Values Meetings planned for February. Smith and Clark stated their full support of the update of the Parks and Recreation Master Plan. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Approval of Agenda and Consent Agenda - None. Motion (Anderson/Smith) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: Resolution 2006-26 Rescinding Resolution 2006-06, Recommending City Council Approval of Amending The Land Use Plan And Rezoning From Park (P) To Institutional (Ins) the South portion of Lot 11a, Fort Raymond Subdivision Replat No.1 Public Hearings ~\ City of Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 126 Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of the Subdivision of A TS No. 174, Within The NW % of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." Williams stated the City had a long relationship with the Department of the Army and this parcel would be leased by the City to the Army for the development of a marine dispatch center and caretaker's quarters. He noted that the lease needed to be in the form of a plat. Williams explained that this was a new piece of the Marina Subdivision, was zoned Harbor Commercial and the building standing on the property would be demolished. Williams explained the new parcel was located on the southwest comer of Z float and launching ramp parking lot, north of the Seward Harbor. He noted the proposal met the standards of Seward's Title 15 and there would either need to be a further subdivision agreement or wording in the lease agreement to address the utility upgrades. Williams stated the Borough Code requirement included access to a public right-of-way because the parcel was surrounded by City property. Instead of restricting further development of the City property, Williams discussed allowing a floating easement to fulfill the Borough requirement. Williams recommended Commission approval of this resolution. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Hicks asked if caretaker's quarters were allowed in the Harbor Commercial Zoning District. Hohl stated apartments were allowed, but not caretaker's quarters. Motion (Clark/Hicks) Approve Resolution 2006-25 In response to Anderson, Williams stated there was a sewer opening within one hundred feet north of where the parcel was located. He noted further discussions were needed between staff and the Army regarding utility connects. Keil asked if this parcel was previously leased to the Army. By unanimous consent, the Commission suspended the rules to allow former Community Development Director Kerry Martin to provide historical clarification. Kerry Martin, inside City Limits, stated that following the 1964 earthquake the City of Seward deeded ownership of the tidelands to the Corps of Engineers as a requirement by the Corps to rebuild the harbor. Martin explained that during the eastward expansion of the harbor, the Corps deeded the tidelands back to the City reserving an easement. He noted years ago the Army boat shack was on the west side of the harbor. Martin stated when the shack was moved to the harbor's east side, the building was built on Corps property and a lease was never obtained. He assumed that the property had been subsequently deeded back to the City and now required a lease. ~.~ -L~V City of Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 127 In response to HoW, Williams stated that the original ground was in FEMA Zone V, but Seward maps and Borough maps now showed the elevated filled area was no longer in the V Zone. In further response to HoW, Williams clarified that the City would require an elevation certificate for any new structures. Williams understood that a flood elevation certification was a form ofFEMA map amendment. He reiterated any new structures would require a building permit review. Anderson noted that the whole area was fill and was subject to flooding depending on which way the Resurrection River flowed. Williams noted the last plat approved by the Commission was shown as out of the FIRM flood zone, but the parcel had water up to its boundaries during the October Flood. He cited this as a good example why to use multiple map sources for the Commission's decision. Williams stated the last update of the FIRM maps was 1981. HoW objected to the statement in the resolution that the proposed subdivision met the requirements of Title 15, because there were side yard setback and rear yard setbacks to consider and the current building seemed to be in the setback. She stated the eves might encroach past the property line. In response to Keil, HoW stated this issue needed to be addressed prior to approval of the resolution. She suggested bringing this issue to the attention of the surveyor and the Army and asking them to clarify for the Commission how this item was going to be addressed. HoW also noted the public posting was not visible from the public street and did not meet the posting requirements in Seward's City Code. Williams suggested adding a condition that addressed the removal or modification of the existing structure to allow the resolution to move forward. He stated his department had moved forward with the understanding that the current structure would be removed and any new structures would have to meet the requirements in Title 15. Anderson suggested Section 1. b be added using language from the staff review to read, "This subdivision will not effect existing structure setbacks although any new structure will be required to meet setback requirements of Title 15." HoW stated the Commission was not allowed to create an encroachment. Hicks stated the subdivision did effect existing structure setbacks and created a nonconforming structure in the new setbacks. He noted the proposed use of a caretaker's structure did not conform to the uses allowed in the Harbor Commercial Zoning District. Hicks questioned if the Army would build the proposed new building when they discovered their proposed use wasn't allowed and if they would instead, leave the current structure in place. He felt the applicant needed to provide greater assurances before a subdivision was created. Keil noted an apartment was allowed in the Harbor Commercial Zoning District. .'C\ City o/Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 128 Hicks spoke in opposition to the current resolution. Clark stated the approval of the subdivision should not be dependent on the proposed development. Hicks agreed, but clarified his opposition was due to the creation of a nonconforming structure, if the resolution was approved. At the Commission's request, Williams suggested Section 1. b could read, "If the existing building is not removed/replaced, then the existing building shall be removed or modified to meet setback requirements of Title 15." Motion (Hohl/Smith) Add Section 1.b, "The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat." Williams preferred the resolution be denied and sent back to staff in order to work with the client to make the necessary corrections. HoW also agreed, but wasn't sure if the issue was time sensitive. Anderson stated the Commission should review the subdivision based on the subdivision code and review the other aspects when the Army returned to the City for a building permit. Hicks stated the Commission would create a nonconforming structure with this subdivision agreement with no assurances that the Army would actually tear down the current structure. Smith stated the Army could tear down the current structure without a subdivision agreement. HoW surmised the Army would not be issued a building permit for their proposed building without a lease agreement with the City. Williams concurred. The Commission took a five minute recess from 8:42pm to 8:47pm. Motion (Hicks/Hohl) Postpone Resolution 2006-25 to the next Regular Meeting of the Planning and Zoning Commission Anderson asked the Commission what they expected to accomplish by postponing the resolution. ')0 City of Seward, Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 129 Hicks stated postponing the resolution would allow Administration time to work with the applicant to obtain assurances that the current building would be demolished. He asked the Administration to inform the applicant that the Planning and Zoning Commission was not legally allowed to create a non-conforming structure. Williams suggested the Commission deny the resolution using the nonconformance as a finding to put the onus on the applicant to provide the needed information. Hicks supported postponing instead of denying the resolution. In response to Williams, HoW noted that even if the building was not located in the setback, the eve could be over the property line. Motion to Postpone Passed Yes: Hicks, Hohl, Keil, Smith No: Anderson, Clark HoW stressed the need to make the public posting visible from the public street in order to meet the requirements in Seward's City Code. New Business- Approval of Regular Planning & Zoning Meeting and Special MeetingIWork Session Schedule for 2007. HoW inquired if the Commissioners had any conflicts with Wednesday nights. Keil and Clark answered in the affirmative. HoW requested the Community Values Meetings of February 7, 2007 and February 8, 2007 be added to the schedule. Keil stated this could be added administratively. Motion (Hicks/Smith) Approve the Regular Planning & Zoning Meeting and Special MeetingIWork Session Schedule for 2007 Motion Passed Unanimous Consent Select Topic for December 19, 2006 Work Session Keil stated last night at the Seward Bear Creek Flood Service Area Board a joint Work Session was suggested for December 19, 2006. ')\ City of Seward. Alaska December 5. 2006 Planning Commission Minutes Volume 6. Page 130 By general consensus, the Commission set their Regular Work Session Topic for December 19, 2006 as "Joint Work Session with the Seward Bear Creek Flood Service Area Board." Informational Items and Reports (No action required) Seward Bear Creek Flood Service Area Board Agenda for December 4, 2006. Seward Bear Creek Flood Service Area Board Approved Minutes for October 2, 2006. Commission Comments - Anderson felt it was important for the Commission to examine the property owned by the City in order to gauge if it was being utilized at its highest and best use. Anderson noted the City Shop property could be sold and the shop relocated to a more appropriate location. She cited the City owned property along the Seward Highway and stated that this property could be sold as commercial property to add to the tax base ofthe community. Anderson felt Seward had enough parks. Hohl asked where the Commission was on the Municipal Land Management Plan. Keil stated the Community Development staff needed to update the inventory of the municipal properties. Hohl clarified her position on public postings by quoting ~ 16.01.015., "Conditions to plat approval. (c) Public Posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date ofthe required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property." Hohl stated the improved street in this area would be Port Avenue and it would be important for the public to have access to the posting. Hohl then discussed the pedestrian pathway, required in the Conditional Use Permit, from the elementary school to the new middle schooL She stated the only pathway provided was a widened shoulder. Hohl wrote to the engineer as a private citizen, and noted she was on the Commission when the CUP was issued, and told him the widened shoulder didn't seem to meet the intent of the condition. She questioned if the shoulder was ADA accessible and shared that an ADA specialist would be examining the shoulder mid December. Hohl stated the issue might come back to the Commission at a later date. Clark concurred with Anderson's comments that the City owned property fronting the Seward Highway should be zoned Auto Commercial. Anderson stated the City owned pole yard was a poor example of keeping property fronting the Highway at its highest and best use. Citizens' Comments- Kerry Martin, inside City Limits, stated the Municipal Land Management Plan needed to be rewritten by staff prior to being reviewed by the Commission. Martin noted the Forest Acres "0// City of Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6. Page 131 Campground area was given to the City by the State of Alaska during the State Centennial Celebration to build a campground. He stated it originally came with a restricted use of public recreation and over time the restriction was lessened and removed. Martin noted that short of the City buying or leasing a new piece of property this was the only piece of property the City owned that was large enough to house the City Shop, unless the City relocated the shop to SMIC, which was a mistake. Martin clarified that the only reason the Forest Acres Campground parcel was in the FEMA flood plain was because the highway created a dam. Martin stated the parcel could be filled with gravel to solve this problem and he was saddened that this parcel was abandoned so quickly for the Long Term Care Facility. He stated the Army Resort Manager should have been in attendance for Resolution 2006-25. Martin noted the pole yard property was obtained by the City because of the easements required for the T -Line. The owners of this parcel refused to provide the easements and instead offered to sell the property. He noted that essentially the City obtained the property for the same cost as solely obtaining the required easements. Prior to storing equipment at this location, the City paid outrageous fees to store equipment on Alaska Railroad property. Hohl suggested a land swap with the Alaska Railroad Corporation (ARRC) to provide more appropriate parcels for the nr',~ded uses. She noted the Alaska Railroad wanted the parking lot in front of Chinooks and the City was paying a tidy sum for the T -line to cross ARRC land. Clark noted the City paid ARRC for the breakwater crossing ARRC tidelands. Commissions and Administration Response to Citizens' Comments - Clark thanked Martin for his history lessons. Adjournment Meeting adjourned at 9: 11 pm. Christy Terry Executive Liaison (City Seal) Marianna Keil Chair ~?J SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING AGENDA SUITE 122, SEA VIEW PLAZA BUILDING 8 January 2007 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. APPROVAL OF MINuTES E. PRESENtATIONS F. P1.JBLIC COMMENTS - UJ\fiT 3 MINUTES G. BOARD'S RESPONSE TO PlJBUC COMJ\1EN'TS H. CORRESPOJ\'D! REVIEW OF PA '{J\1E1\'T REQUESTS 1. PERMITS H' . Metco Inc.!P .;-M, Resurrection River (tabled from previous meeting) J. OLD BUS. . FEMA Re~; er 2006 Flood/January Seward To\vn Meeting KNEW BUSlNl . Liaison to Citv l Planning Commission (tabled from last meeting) . Approval of Quan l.:etings between SBCFSA and Seward P & Z . Request for follo"\" up Jetter from KPB Legal Department . SBCFSA Support of transfer of City of Seward floodplain permitting process to Kenai River Center . 2007 Budget L JN~0RJ.\.1ATIONAL ITEMS AN"U REPORTS (No action required) . FEMAlPublic Assistance Applicant Briefing 12/18/06 . Work Session with Seward Planning and Zoning Commission 12119i06 . Update on FEMA Planning Grant M. BOARD COJ\'f1'l/fENTS N ADJOlJRNl\ifENT )~ SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 MEETING MINUTES 6 November 2006 A. CALL TO ORDER The meeting was called to order at 7:00 PM. B. ROLL CALL BOARD MEMBERS Jim McCracken, Chairman Steve Schafer, Vice Chairman Loyd Welch Tina McLean Randall Stauffer Bill Williamson STAFF Christina Stauffer Administrative Assistant Nathan Orr - Absent Unexcused. BOROUGH STAFF Sherry Biggs, Borough Clerk Colette Thompson, Borough Attomey NEW MEMBERS (To be seated) David Dieckgraeff John Gage Thomas Gillespie c. APPROVAL OF AGENDA Chairman Jim McCracken called for any additions or changes to the proposed agenda. Vice Chairman Steve Schafer moved to approve the agenda as written. The motion was seconded and unanimously approved. D. APPROVAL OF MINUTES Jim McCracken asked for any corrections to the minutes. Loyd Welch referred to a comment credited to him on page 3 and asked that it be corrected to say that the reference to the Resurrection River Maintenance Plan should read instead "regular board meeting of the Seward/Bear Creek Flood Service Area". Steve Schafer moved to accept the minutes as amended. The motion was seconded and unanimously approved. I ,~ SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 E. PRESENTATIONS . Swearing in of New Board Members Sherry Biggs, Kenai Peninsula Borough Clerk introduced herself and stated her purpose to swear in new board members. New members David Dieckgraeff, John Gage and Thomas Gillespie were sworn in and signed their oaths. Ms. Biggs congratulated them on their election and wished them well during their service on the board. New members were seated. Jim McCracken then turned the gavel over to Vice Chairman Steve Schafer and he and board member Randall Stauffer retired. Colette Thompson, Kenai Peninsula Borough Attorney introduced herself and stated that she wanted to briefly address issues regarding the Alaska Open Meetings Act and Conflict of Interest for the benefit of new members. She stated that a more in depth training was planned for all Seward area service area boards in the near future. Ms. Thompson noted that the definition of "meeting" per the Alaska Open Meetings Act was not the same as the definition used in Roberts Rules of Order. Per the Open Meetings Act a "meeting" was any gathering of three or more board members to discuss SBCFSA issues. She recommended that is was best to consider any meeting between two board members to discuss SBCFSA issues outside of published meeting parameters was not a good idea. Any official meeting requires advance public notification, posting of the agenda and the keeping of minutes. Ms. Thompson went on to address the subject of conflict of interest. She stated that the Borough uses the Borough Code of Ordinances and state statues to determine conflict of interest. Copies of the Borough Conflict of Interest Code were distributed to all board members. She pointed out that board members were restricted from participating in any vote on any decision where they had a substantial financial interest. This substantial financial interest also applies to family members, employers and investments. Board members have an absolute duty to be loyal, first and foremost, to the board. When conflicted, board members must recuse themselves from voting and explain that there is a conflict of interest. Ms. Thompson stated that the employment of three board members by a local contracting firm who contracts for flood mitigation could potentially cause difficulties in achieving quorum for certain votes. Any contract awarded where conflict of interest was determined would be thrown out. She went on to suggest that this problem could be alleviated by either having some of the new members resign or by increasing the size of the board by two members. She pointed out that increasing the number of board members would require assembly approval. Tina McLean explained that the SBCFSA goes through the Kenai Peninsula Borough to let contracts and that the Borough used approved contractors and accepted bids, etc. 2 1)J SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 She went on to say that most of the votes that could involve conflict of interest were permit approvals and comments. Colette Thompson recommended that any board member who thought they might have a conflict of interest should so advise the board. Decisions about conflict of interest were ruled by the Chair with the board members having the right to challenge that ruling and vote to overrule. Thomas Gillespie stated that he would be willing to resign if there was a possibility of conflict of interest creating quorum problems. Tina McLean responded by saying that she was please to have all the new members but has a concern that conflict of interest might possibly paralyze the board. Steve Schafer stated that he has always recused himself from votes on decisions affecting his competitors as well. Discussion was held regarding the need to observe conflict of interest rules where a competitor was involved. Steve Schafer asked for board wishes with regard to the conflict of interest for new board members issue. Tina McLean said that she favored the idea of expanding the board rather than asking for resignations from people that were elected to their seats. Discussion was held regarding board expansion versus resignations. It was noted that expansion should include one additional seat inside the City of Seward and one seat from outside. Tina McLean moved to approve exploring the idea of expanding the board. The motion was seconded and unanimously approved. Colette Thompson asked to be allowed to speak later in the meeting, under Old Business, to the issue of the recent board letter to the state attorney general's office. . Election of Officers Bill Williamson moved to put election of officers off until two new board members were approved by the assembly. Discussion was held regarding the length of time involved in this process and it was decided that it was necessary to elect officers now as it might be as long as two to three months before assembly approval of two additional members could be obtained. 31 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 The motion was withdrawn. Tina McLean nominated Bill Williamson for Chairman. Them motion was seconded and unanimously approved. John Gage nominated Steve Schafer as Vice Chairman. The motion was seconded and unanimously approved. Steve Schafer handed off the gavel to Chairman Bill Williamson and excused himself to attend the City Council Meeting. F. PUBLIC COMMENTS · Tom Sullivan stated that he has lived in Seward for 4 years in Questa Woods. He believes that the work of the board is critical regarding flood mitigation and that the board must move forward. Concemed that 5 out of 7 people on the board work for or own gravel mining operations and own property protected by levees. This potential conflict of interest is a topic of community wide speculation. He expressed concem that projects such as the Japanese Creek levee seemed to have been given priority due to special interest. Mr. Sullivan urged the board to look forward to its mission and not present the appearance of working for public or private gain. · Bruce Martin stated that he lives in Questa Woods. He sees mining of riverbeds as critical to flood mitigation in Seward. The current bed loads are huge. He said that he believes it is critical that gravel continue to be removed. He owns property on Old Nash Road and has applied for a permit for gravel removal and wants to know if the board can assist in the permitting process. · Judy Rough asked for an update regarding the current post-October flood status of the Seward area rivers. · JefT Odell stated that he lives in Old Mill and would like to know if there is any plan to open up the end of Grouse Creek where it is blocked at Lost Creek. G. BOARD'S RESPONSE TO PUBLIC COMMENTS Tina McLean thanked all the members of the public for attending. She briefly summarized the mission of the SBCFSA and the board accomplishments to date. She clarified the limits of board authorization and stated that the board advises and comments on permit applications and that gravel extraction has been a main focus of board planning. She said that the SBCFSA has not yet gotten to where it wants to be but that the mission is a huge job. 4: Po ./ SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Administrative Assistant Christina Stauffer added that it would be very helpful to the SBCFSA if community residents reported their flood stories, especially those with repetitive losses from other flood events. Tina McLean added that she is also a property owner affected by the flood. She recently walked through the flood area with representatives of the Alaska Railroad to check bed load. In response to comments about the current status of flood relief efforts, she stated that the most recent word from the State of Alaska is that they are waiting for a determination from the federal government of disaster declaration status. The State will not even accept applications for assistance from residents until the President has made this declaration. She went on to encourage public comment on flood relief needs through the SBCFSA office and recommended that the public be proactive with regard to solving flood problems. Dave Dieckgraeff, in response to Mr. Odell's question regarding Grouse Creek, stated that a bid had been accepted for this work and culvert work was planned in this area to protect the highway. Bill Williamson stated that the board had not received any updates on flood relief information from any of the government agencies involved. He also suggested that Mr. Odell write a letter to the SBCFSA regarding his concerns with regard to Grouse Creek to assist the SBCFSA in getting things moving. Tina McLean emphasized that letters and e-mails from residents gives the SBCFSA the power to push forward on these issues. Chairman Bill Williamson called for a 5 minute break. BREAK Bill Williamson called the meeting back to order at 8:00 PM. He then introduced Scott Williams, Acting City Planner for the City of Seward. Scott Williams commented that he recognizes the enormous amount of work that the SBCFSA has accomplished and has yet to do. He wants to strengthen ties between the City of Seward Planning department and the SBCFSA. He encouraged residents and board members to contact his office at any time with questions. Dave Dieckgraeff responded to Mr. Sullivan's comments regarding the Japanese Creek dike. He reported that the Kenai Peninsula Borough had been responsible for building the dike using borough funds and that this was done primarily to protect the Seward schools in that area. 5 ~~ SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 H. CORRESPONDENCE & PAYMENT REQUESTS · FEMA E-maiVGuidelines for Identifying Provisionally Accredited Levees Bill Williamson suggested that this information should be posted on the SBCFSA website. He commented that FEMA does not like levee projects in general. Discussion was held regarding this e-mail and FEMA priorities. Tina McLean stated that she has received comments from the public regarding the FEMA Flood Map Update program. Residents are concerned about needing to buy flood insurance or being restricted in developing their land by this mapping process. Ms. McLean briefly summarized the goal of the mapping update and the action taken by the SBCFSA to make sure accurate map data is provided. No further h~ [ion was determined on this e-mail. I. PERMi REVIEW · Gar Wong-J'. ng Setback Exception and Vacation of a portion of the 20-foot Road Construclion and Maintenance Easement Christina Stauffer explained to the board members that setback exemption did not appear to involve floodplain issues but that the Borough Platting Department had been most insistent on having SBCFSA comment. Discussion was held regarding this matter. It was decided that a letter should be sent to the Borough Platting office thanking them for including the SBCFSA in their decision making process but that the board has no comment at this time. · Dan Rough Gravel Project - ACMP/Gary Davis Discussion was held regarding status of old permit that had been holding up the current application. It was determined that the old permit had now been closed by the Kenai River Center as its conditions had been met. Tina McLean, regarding the current application, expressed concern that the area indicated in the application for stockpiling gravel had been over run by the river in the October flood event. She stated that a new and less vulnerable stockpile site needed to be indicated in the permit. Discussion was held on where best to stockpile the gravel for the proposed project. It was noted that Mr. Rough has 90 days to move his stockpile out of the floodplain and that it appeared there was plenty of time to accomplish this. It was suggested that the 6 ,--p SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 permit application needed to be reviewed before approval due to flood related changes in the floodplain and floodway. Bill Williamson called for the board's wishes. Tina McLean moved that the board recommend approval of the pennit with amendment in regard to stockpile location. This approval with amendment would be in the form of a response letter to Gary Williams of Coastal Management with copies to Jane Gabler and Rob Robson. The motion was seconded and unanimously approved. The Administrative Assistant was so directed. . Metco Inc./POA-199S-93S-M, Resurrection River John Gage recommended that discussion of this permit be tabled due to lack of a quorum. Discussion was held regarding this recommendation and the board decided to table this issue until quorum on a vote is possible. J. OLD BUSINESS . Letter to Alaska State Attorney General-Update Borough Attorney Colette Thompson addressed this issue. She briefly related the history of SBCFSA efforts to clarify board authority over the past year. She stated that she believed she had answered the question in discussions with Jim McCracken and apologized for not responding sooner to the most recent letter. She said that action requested by the SBCFSA was not clear but that the board letter to the Attorney General had made it clear. Ms. Thompson said that she had been present at the original town meeting on the formation of the service area. The outcome of this meeting, conducted by Robert Ruffner of the Kenai Watershed Forum, had been that the community wanted to create a single unit that would develop plans to mitigate flooding for SewardlBear Creek as a whole. The exclusion of the new service area from all ongoing City of Seward projects was made in response to concern about burdening the new service area with liability for flood mitigation projects that they had not helped plan. City of Seward Public Works were also concerned that there be no impediment to the City's ability to respond to day to day storm water issues. Ms. Thompson went on to state that she agreed with fonner SBCFSA Chainnan Jim McCracken that the authority of the SBCFSA supersedes that of the City of Seward over floodplain planning. She stated that she could see that there was a need to clarify exactly what the power of the SBCFSA is. 7 "'\ \ SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA vmw PLAZA BUILDING, SUITE 122 Loyd Welch commented that the SBCFSA had been excluded from all floodplain permitting and planning within the City of Seward for as long as he had been on the board. Tina McLean brought up the example of the Borough having jurisdiction over one side of the Resurrection River and the City of Seward having jurisdiction over the other side and how this conflicted with efforts to create a unified floodplain management plan. She added that it would help to be included in the City of Seward floodplain development permitting process before permit approval was given. Christina Stauffer updated the board on the current status of the information request with the Attorney General's office. Colette Tholll\lson reported that the City of Seward had some concern over their ordinance 98- !' which involves their relationship with FEMA. She pointed out that it might be nel,.' ",'.'1 to bring FEMA to the table as regards the City including the SBCFSA ir ' floodplain decision making process. She noted that FEMA has been supporti w ' ' ,BCFSA since its inception. John G".. dike pro; \ exemplt:" d regarding the status of the Lowell Canyon dike and tunnel and the south side of the Resurrection River. He asked if they were " --rSA authority. Colette. projects' ongomg 1', intended Iu f1 answered that they were but that exemptions from City mitigation l. at the time of the formation of the SBCFSA to involve only that time to spare the new service area any liability. It was not , ,) all future floodplain development and mitigation projects. Discussion" d' ,,',d regarding the need for better communication and sharing of information k, \YCell the SBCFSA and the City of Seward. Colette Thompson summarized by saying that authority exclusions noted in her memo of 5 August 2003, at the time of the passing of the service area forming ordinance, were meant only to apply to ongoing projects at that time. She stated that the City of Seward was incorrect in excluding the service area from city floodplain development and mitigation permitting and planning. She stated that she had spoken with the Borough Mayor on this issue and the Borough is prepared to assist in promoting a better relationship with the City of Seward. She recommended that the SBCFSA board write a letter to the mayor to request exactly what action on the Borough's part would be most helpful. In response to comments in the letter regarding the disparity between the powers applied for in the original service area petition and ballot measure and those granted in KPB Ordinance 2003-30 by the Borough assembly, Ms. Thompson stated that the assembly had removed the references to recovery and response because they 8 ~ -z,.. SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 thought this was too much responsibility given the modest budget of the service area. She said that the borough felt that there were already emergency response and recovery services available to SewardlBear Creek area through other agencies. She addressed . the issue of assembly authority to change the scope of the original petition and ballot measure by saying that the law says that the voters give the assembly the power to create the service area but that the assembly decides the scope. Further discussion was held regarding thoughts on the potential optimum relationship between the City of Seward and the SBCFSA. John Gage asked if the City of Seward passed an ordinance at the time of the service area formation, accepting the service area and its authority. Colette Thompson replied that the law stated that the determination of the authority of the service area versus the authority of the City of Seward over floodplain development and mitigation planning had been decided by the voters and that it was not up to the City to approve or disapprove. John Gage suggested that perhaps it might be necessary for the borough to contact the City of Seward directly to explain this. Discussion ensued regarding the matter of the majority of the SBCFSA board seats being required by KPB Ordinance 2003-30 to be from City of Seward residents, that this duplicated authority, taxation and expense to the citizens of Seward as things now stand. Tina McLean suggested that further discussion on this issue be tabled until the new board members had a chance to become familiar with the history and documentation of the evolution of the letter to the Attorney General. She so moved. The motion was seconded and unanimously approved. Colette Thompson and Sherry Biggs were thanked for their participation and contribution to the meeting and were excused. . Resurrection River Maintenance Plan - Final Draft Christina Stauffer reported to the board members on the status of the Resurrection River Maintenance Plan and that it had been approved by the Borough Assembly. She reminded the board that the SBCFSA, while not an original signer of this agreement, had been asked by the borough emergency management office and by Alaska Homeland Security to write a letter of acceptance of the terms of the final draft. 9 1.-\) SEWARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Tina McLean proposed that this issue also be tabled until the next board meeting to allow the new members to read over the draft copy and be better able to respond. She. so moved. The motion was seconded and unanimously approved. K. NEW BUSINESS · November 2006 Flood Town Meeting- Proposed Christina Stauffer reported to the board that no date had been set for this meeting as yet by the Borough Emergency Management Office or by any of the other government agencies involved in flood recovery. She also informed the board about the meeting planned for 8 November 2006 in Soldotna involving the Borough mayor, Jane Gabler of the Kenai River Center, Christy Miller and Taunnie Boothby from the Alaska Department of Commerce flood planning office and a FEMA representative. This meeting is being held to discuss how FEMA might be able to help the SewardlBear Creek area in some interim fashion, between now and the federal declaration of disaster, to recover from the recent flood and mitigate against the next one. She noted that she had asked Jane Gabler regarding attending the meeting herself to take notes on behalf of the SBCPSA. Discussion was held regarding possible outcomes of interim FEMA involvement and the importance of the SBCFSA being represented at this meeting. Tina McLean moved that an e-mail be written to Scott Walden at the borough Emergency Management Office, Christy Miller and Jane Gabler about having SBCFSA attendance at this meeting. The motion was seconded and unanimously approved. The Administrative Assistant was so directed. L. INFORMATIONAL ITEMS AND REPORTS · Borough Finance Training - 8 November 2006 Christina Stauffer reported on this mandatory training in Soldtona for all Borough and service area administrative assistants and of her plan to attend. She stated that she would plan to be in Soldotna early enough to also attend the meeting between FEMA and the borough Mayor since she would be at the Borough offices anyway. 10 Y1 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 . FEMA Mapping Project Update Discussion was held to answer questions from the new members about the FEMA Flood Map Update that has been ongoing, the LIDAR flight accomplished early this year and the wetlands assessment performed by Kenai Watershed Forum in June and July of this year. Tina McLean summarized the outcome of the recent visit by FEMA contracted hydrologists from NW Hydraulics to Seward for everyone's information. She recapped the partnership involvement of the Kenai Watershed Forum, the City of Seward and the SBCFSA involvement in the LIDAR mapping project. Further discussion was held regarding the relationship between the City of Seward, the Borough and the service area. New members felt that the SBCFSA should be involved in the floodplain permitting and development planning process before decisions were made. John Gage added that City of Seward Planning Commission had no regulatory authority over planning decisions but that no plan could be approved by the City Planning Office without Planning Commission comment on file. He suggested that perhaps the SBCFSA could move to obtain a similar position in the City planning and permitting process. Dave Dieckgraeff commented that he was amazed that the Metco permit tabled from earlier in the meeting was even on the agenda as this permit had been approved weeks ago and was already being acted upon. He stated that it seemed unproductive to wait this long to ask the SBCFSA for comments on the permit. Tina McLean asked if the board should have a motion to request that the City of Seward Planning and Zoning Commission provide permit information to the SBCFSA and obtain comment prior to approval. She so moved. The motion was seconded and unanimously approved. The history of the relationship between the City of Seward and the SBCFSA was discussed briefly. John Gage commented that a formal ordinance needed to be passed by the City of Seward on this relationship to make it law and not just policy. He further suggested that, if this formal acknowledgement of service area authority did not currently exist between the SBCFSA and the Kenai River Center, that it should also be pursued. Bill WilJiamson stated that currently the board had a good working relationship with the Kenai River Center through Jane Gabler but that it was not formally dictated by ordinance. 11 y~ SE'V ARD I BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 Tina McLean noted that it might of benefit if the board were allowed or invited to attend meetings at the Kenai River Center on a routine basis to remain abreast of the permitting process as it affects our service area. She asked if the previous motion to apply to the City of Seward to be brought in earlier in the permitting process should be withdrawn or tabled at this time in order to allow the SBCFSA to establish this process within the borough first? She moved to table the previous motion. The motion was seconded and unanimously approved. . Update on Wetland Mapping Christina Stauffer reported on request from Mike Gracz of the Kenai Watershed Forum to put off his presentation to the board of preliminary wetland data until the meeting of December 4, 2006. . Emergency Permits issued during October flood recovery and response The administrative assistant reported that these documents had been provided to the SBCFSA by the Kenai River Center and that they were on file should any board member wish to review them. . Tract A Seward Long Term Care FacilitylKPB Plat Committee Decision The administrative assistant provided copies of this decision to board members for their information. . Afognak A venue VacationlKPB Plat Committee Decision The administrative assistant provided copies of this decision to board members for their information. M. BOARD COMMENTS . Tom Gillespie thanked retiring members Jim McCracken and Randall Stauffer for their contributions to the board. He stated that his decision to run for the board seat did not indicate dissatisfaction with their work. . Dave Dieckgraeff repeated Mr. Gillespie's comments and further stated that ifhis membership on the board could lead to conflict of interest or quorum problems that he would be willing to resign. . John Gage stated that he appreciates what has been done thus far by the board and that he felt his own employment with Metco was limited enough as to not amount to a conflict of interest on his part. 12 llYi V'l,v , SEWARD / BEAR CREEK FLOOD SERVICE'AREA REGULAR BOARD MEETING SEA VIEW PLAZA BUILDING, SUITE 122 · Tina McLean congratulated the new members on their election and welcomed them to the board. She wished the new members well in their efforts to catch up on the history of the service area. She further stated that she thought the meeting had been productive. She hopes that the assembly will approve adding two additional members to the board as a way to mitigate any conflict of interest problem so that new members would not have to step down. · Loyd Welch said that he wanted to welcome the new members. He did not feel that contract conflict of interest issues were much of a concern given that the SBCFSA does not award contracts. Quorum is a concern when the board acts on permit applications but perhaps the board can just wait in these instances until quorum is present. · Bill Williamson commented that he was glad to have new members on board because they brought so much experience and knowledge with them. He welcomed all. N. ADJOURNMENT Loyd Welch moved that the meeting be adjourned. The motion was seconded and unanimously approved. MEETING ADJOURNED at 9:40 PM. NEXT MEETING WILL BE 4 DECEMBER 2006 AT THE SEA VIEW PLAZA BUILDING, SUITE 122 AT 7:00 PM. Secretary Minutes Approved: Date of Approval 13( .' m Public Notice of Application for Permit US Army Corps of Engineers Alaska District Regulatory Branch (1145) CEPOA-CO-R Post Office Box 6898 Elmendorf AFB, Alaska 99506-0898 PUBLIC NOTICE DATE: 27 November 2006 EXPIRATION DATE: 27 December 2006 REFERENCE NUMBER: POA-~965-34-AA WATERWAY: Resurrection Bay 26 Interested parties are hereby notified that an application has been received for a Department of the Army (DA) permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Alaska Railroad Corporation (ARRC), Post Office Box 107500., Anchorage, AK 99510-7500. Point of Contact: Sasha Forland, (907) 265-2357. LOCATION: ARRC's Seward Dock Facilities; Section 3, T. 1 S., R. 1 W., Seward Meridian; latitude 60.11960 N., longitude -149.42480 W.; USGS Quadrangle Seward A-7. WORK: Expand the width of ARRC's existing freight dock to 320 feet, install a mooring dolphin to aid in berthing barges, and trench an electrical line from the dock to the mooring dolphin. Approximately ~15,000 cubic yards (CY) of fill, with about 92,000 CY below the high tide line (86,000 CY of gravel fill and 6,000 CY of riprap), would be placed to expand the footprint of the existing dock by approximately 5.3 acres. Any fill material placed from April 1 through September 14 would not contain more than twelve percent fines passing a 200 mesh sieve or would be placed within a confining rock dike in order to limit the release of fines to the marine environment. pile driving with an impact hammer would not be conducted during any regular scheduled or emergency commercial fishing openings in Resurrection Bay. Pile driving with an impact hammer would not be conducted during the period from July 15 through September 15 unless it was determined to be of minimal impact to sport fishing. Such work could proceed if approval was obtained from the Alaska Department of Natural Resources, Office of Habitat Management and Permitting. lc\ <D ~ PURPOSE: Improve the safety and efficiency of freight intermodal operations (ship-train and/or ship-truck) and the overall utility of the freight dock. Currently the dock will only accommodate small vessels and has limited flexibility for loading and unloading freight from those vessels. The improvements would accommodate larger vessels and allow safer and more efficient loading and unloading operations. The expanded dock would accommodate at least two side ramps for roll-on roll-off use during all tidal stages. MITIGATION: Impacts associated with construction of the existing freight dock were mitigated in accordance with Special Condition 1 of DA Permit No. U-6S0034, Resurrection Bay 26. In-lieu-fee mitigation of $51,994.50 was paid to Kachemak Heritage Land Trust for the protection of ten acres of estuarine intertidal fish habitat in upper Resurrection Bay (or nontidal wetlands or riparian habitat important to the rearing of anadromous fish in the lower Resurrection River drainage if intertidal habitat is not available). ARRC proposes to mitigate impacts associated with the proposed expansion of the dock in the same manner, i.e. by paying in-lieu-fee mitigation of $28,000 for 5.3 acres ($5,200.00 per acre). ADDITIONAL INFORMATION: Permitting history of the project site, in reverse chronological order, is as follows: October 28, 2005: A DA Public Notice, No. POA-196S-34-Z, was issued for a proposed permit to authorize maintenance dredging at ARRC's dock facilities (Coal, Passenger, and Freight Docks) and deepwater disposal of the dredged material. Approximately 250,000 CYof silt, sand, and gravel would be dredged over a ten year period. Issuance of a permit has been delayed by development of an acceptable testing and evaluation plan. A permit is expected to be issued shortly. April 15, 2005: Permit Modification file POA-196S-34-Y was closed at ARRC's request. The permit, which had not been finalized, would have authorized dredging 15,000 CY from the Passenger Dock basin. May 4, 2001: A letter of authorization was issued to allow ARRC to dredge 600 CY of material during a single 24-hour period outside the timing window specified by Special Condition No.3 of Permit Modification X-6S0034. January 23, 2001: Permit Modification X-650034, Resurrection Bay 26, was issued to authorize a steeper shoreline in the Passenger Dock basin. This involved removal and replacement of armor rock, dredging, and dredge material disposal. November 16, 2000: Permit modification W-6S0034, Resurrection Bay 26, was issued to authorize the installation of an additional mooring dolphin approximately 100' south of an existing dolphin at the ARRC dock. January 12, 2000: Permit U-650034, Resurrection Bay 26, was issued to authorize upgrades to the existing ARRC dock and construction of a new 200'x 620' cargo dock nearby. This included 143,700 CY of fill material, installation of a catwalk and dolphin at the end of the dock, and dredging 9.5 acres (220,000 CY) to -33' MLLW. The disposal site was at a previously used deepwater site located about 2,000' south of the existing dock. -2- '.,,-~ ~ November 10, 1998: D-650034 was issued on the east side of Nationwide to ARRC to the dock. Permit #3, Maintenance, verification letter authorize instailation of a new fender system March 12, 1996: Permit T-650034, Resurrection Bay 26, authorized 18,800 CY of clean fill and rip rap to renovate and extend an existing sediment control groin. An additional 10,000 CY of coarse tidal gravel was authorized to construct a groin access road. February 9, 1995: Permit modification S-650034, Resurrection Bay 26, was issued to change Special Condition 1, pertaining to sediment sample collection and analysis. May 18, 1994: Permit R-650034, Resurrection Bay 26, authorized dredging of 225,000 CY from the area of the "Railroad Dock" to -36 MLLW for cruise ship access. Disposal of the dredged material was in marine waters of -180 MLLW depth or greater, approximately 1500' offshore of the authorized dredge area. This permit also authorized maintenance dredging through April 30, 2004. February 7, 1994: Nationwide Permit #3, Maintenance, verification letter D-650034 was issued to Peratrovich, Nottingham and Drage, Inc. on behalf of ARRC to conduct dock fender system repair work. March 8, 1993: Resurrection Bay 59, N-810521 (renumbered Q-650034) modified the design of the stern-line mooring dolphin. January 19, 1993: Resurrection Bay 59 (M-810521, renumbered P-650034) authorized construction of a five-pile galvanized steel mooring dolphin to provide stern-line connections for cruise ships. March 9, 1983: Resurrection Bay 59 (1-810521, renumbered 0-650034) authorized dredging of 200,000 CY from the west berth of the dock to provide a -45 MLLW berthing area for coal freighters. Disposal of dredged material was at a wetland site to the north of the dock. December 24, 1975: Resurrection Bay 26 (renumbered N-650034) authorized "maintenance dredging in the east berth of existing dock area." July 1, 1966: Resurrection Bay 29 (renumbered M-650034) authorized "Installation of six single pile dolphins." January 28, 1966: Resurrection Bay 26 permit (renumbered 1-650034) was issued to the Alaska Railroad to authorize "Construction of a dock, fill and approach." WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(C) (3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456(c) (3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. -3- ~ A permit will not be issued until the Office of Project Management and Permitting, Department of Natural Resources has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application. is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. TRIBAL CONSULTATION: The Alaska District fully supports tribal self- governance and government-to-government relations between the Federal government and Federally recognized Tribes. This notice invites participation by agencies; Tribes, and members of the public in the Federal decision-making process. In addition, Tribes with protected rights or resources that could be signfficantly affected by a proposed Federal action (e.g., a permit decision) have the right to consult with the Alaska District on a government-to-government basis. Views of each Tribe regarding protected rights and resources will be accorded due consideration in this process. This Public Notice serves as notification to the Tribes within the area potentially affected by the proposed work and invites their participation in the Federal decision-making process regarding the protected Tribal right or resource. Consultation may be initiated by the affected Tribe upon written request to the District Engineer during the public comment period. ENDANGERED SPECIES: The project area is within the known or historic .range of the following threatened or endangered species: Short-tailed albatross, Stellar Sea Lion, Sea Otter, and multiple whales. Preliminarily, the described activity will not affect threatened or endangered 'species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. ESSENTIAL FISH HABITAT: The project area is within the known range of the following species: Pacific Cod, Walleye Pollock, Flathead Sole, Sculpin, Arrowtooth Flounder, Rex Sole, Steelhead Trout, Sockeye Salmon, Chinook Salmon, and Coho Salmon. The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to the Magnuson Stevens Fishery Conservation and -4- . \ Management Act of 1996 (MSFCMA), 16 U,S.C. et seq and associated federal regulations found at 50 CFR 600 subpart K. The Alaska District includes areas of EFH as Fishery Management Plans. We have reviewed the January 20, 1999, North Pacific Fishery Management Council's Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS) . We have determined that the described activity may adversely affect EFH. This Public Notice initiates consultation requirements with the NMFS under the MSFCMA. We have insufficient information at this time to assess the cumulative effects of the proposed work on EFH, but cumulative effects will be considered in our final assessment of the described work. Any conservation recommendations regarding EFH for federally managed fish will also be considered in our final assessment of the described work. This proposed project may also adversely affect associated species such as major prey or predator species which are not covered by Fishery Management Plans. SPECIAL AREA DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest, Evaluation of the probable impacts, which the proposed activity may have on the public interest, requires a careful weighing of all the factors that become relevant in each particular case. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. The outcome of the general balancing process would determine whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur. That decision should reflect the national concern for both protection and utilization of important resources. All factors, which may be relevant to the proposal, must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b) (1) guidelines. Subject to the preceding sentence and" any 6the~ applicable guidelines or criteria (see sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and "evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an -5- ~ ~ Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Mr. Don Kuhle at (907) 753-2724, toll free from within Alaska at (800) 478-2712, or by email at don.p.kuhle@poa02.usace.army.mil if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States ~ Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230) . A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments -6- S) PROJECT SITE SEWARD, ALASKA ~ \. '" PoA -/'16S- 34 -AA f<. f!5 Lll" rec.t-/o trf ", \. ;" .........~. ALASKA MAP N.T.S. PURPOSE: To .,pond ARRC.s S.ward Freight dock to irnpro...e the sofety and efficiency ,:.f freight inte:"modol (.perotions. o , I mile 2 I SCALE 1"==1 Statute Mile PERMI T DA. TUM MLLW ADJACENT PROPERTY OWNERS UPLANDS. Alaska RaiirOOd Oo:-rSHORE Stote of Alasko AL,L,SKA P.O. Af\JCH. R,L,ILROAD CORP. BOX 107500 AK 99510- 7500 c;l\ Corp I A.nch'x'Jqe. r SHEET: I OF.3 DATE' 11/:, '06 REV. 0 High Tide Line - + 15.7 FT Mean High Water ; +9.7 FT Uplands. All property shown owned by Alaska Railroad Existing railroad tracks Existing grovel fill Freight Dock. Top elevation 20' Existing passenger dock ;;0 (\) (f) c: .., .., (\) () ~. o :J OJ o -<: PDft ~ l'fbS-3'-(-AA Res/.-{Y"l^e.:-t;~/,o1 &: PURPOSE: To ex pond ARRC.s Seword Freight dock to improve the safety and efficiency of freight intermodQI operations. PERMIT: DA TUM: MLLW ADJACENT PROPERTY OWNERS: UPLANDS: Alaska Railroad OFFSHORE: Stc-te of Alaska \\ \, \\ \\ ~\' \\ i\ ii \\ H \' \\ \\ ,i ,. \\ \,~ I" ,. .1"\ ~ \ t v" ~~.\ ,q It\ \~\\ 1\ __,I. f' \.. "~\ \ o I I \ " ). i " !.1 I:' n 1\ \\ n \\ " \\ I, Extend existing 36"(1) culvert (pipe invert +3.8') Proposed grovel fiIIwith armored slopes. \ Existing rip rap slope \ \ ~ Proposed toe of y slope top of top of 200' (l<istin9 dock ...,idtt> Proposed rip rap slope Proposed armor rock slope I \ \ \ \ \ \ Proposed I~ electrical feed to \ dolphin buried in \ tide flats \ \ \ \ \ \ ~ Existing sediment control groin Proposed steel pile mooring dolphin I J>I C' t!l T P ;;0 ,.") 01 (-, ;:" >- I ;;0 I'D lfl (() ") < (1) ., lJ ") 01 -0 I 11) , rI- '< to o c ~ o 01 'I '< ;;0 (\) (f) c: .., .., (\) () ~. o :J OJ o -<: Seward F reigh t Dock Expon sian ft IN: Resurrection Boy A T: Seward Kenoi Peninsula APPlICA TION BY: T.E. BROOKS. CHIEF ENGINEER ~.Ioska Railroad Corp Anchorage. AK SHEET: 2 OF :3 Site Pion 250 it I SCALE: ]"';250' 500 I ALASKA RAILROAD CORP. P.O. BOX 107500 ANCH. AK 99510-7500 ~ DATE: 11/1/06 REV.' 0 Maximum recorded High Tide Mean High Water = +9.7 FT Top of existing dock. Approx elevation +20' HTl 15.7' MllW 0.0' Sea Approx f1:or'J' -36' Existing sheet pile dock face HTl 15.7' MllW 0.0' Sea fl~:~"]'. Approx -36' PURPOSE: To .'pond ARRC.s Seword Freight dock to improve the safety and efficiency of freight intermodol operotions. PERMIT: DA TUM: MLL W ADJACENT PROPERTY OWNERS: UPLANDS: Alaska Railroad OFFSHORE: State of Alaska +15,7 FT ~ =to Remove and reuse rip rap New location of rip rap ,; "1.{~:D~_"- A Cross Section J SCALE-AS SHOWN '~':'"Q.:~:t:... :.~-<:.~.. .- -':~::~~';~:::,;.~.:: _.:..~',,- 10.6' Existing tidal flats. Approximate elevation ~2' Existing grovel fill dock New location of Remove and reuse existil'}g armor rock Existing tidal flats. Approximate elevation -2' Cross Section J SCAlE; AS SHOWN grovel 100 ft I f1oA-I't6S-3"i -AA ReSL-<Y'reC.r/ovr . E>t~.y Seward Freight Dock Expansion IN: Resurrection Bay A T: Seward Kenai Peninsula APPlICA TlON BY: r.E BROOKS, CHIEF ENGINEER Alaska Railroad Carp Anchoro1;)e, AK SHEET: J OF J DA TE: 11/1/06 REV.: 0 Site Pian 50 ft I SCALE: '''=50' ALASKA RAILROAD CORP. P. o. BOX 107500 ANCH. AK 99510-7500 o I I. I . 'II FRANK H. MURKOWSKI, GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF WATER 401 Certification Program Non-Point Source Water Pollution Control Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 ofthe Clean Water Act of 1977 (PL95-217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department ofthe Army Permit described in the Corps of Engineers' Public Notice No. POA-196S-34-AA. Resurrection Bav 26. State Water Quality Certification from the Department of Environmental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the Corps of Engineer's Public Notice to: Department of Environmental Conservation WQM/401 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907) 269-6281 FAX: (907) 269-7508 Attachment 2 ~\ . ~. 1 . FRANK H. MURKOWSKI, GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT.MANAGEMNT AND PERMITTING ALASKA COASTAL ZONE MANAGEMENT 550 WEST 7TH AVENUE, SmTE 1660 ANCHORAGE, ALASKA 99501-3568 NOTICE OF APPLICATION FOR CERTIFICATION OF CONSISTENCY WITH THE ALASKA COASTAL MANAGEMENT PROGRAM Notice is hereby given that a request is being filed with the Office of Project Management and Permitting for a consistency determination, as provided in Section 307(c)(3) ofthe Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)(3)), that the project described in the Corps of Engineers Public Notice No. POA-1965-34-AA. Resurrection Bar 26, will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. The Office of Project Management and Permitting requests your comments, particularly on the proposed project's consistency with the affected local coastal district management program. For more infonnation on the consistency review contact OPMP at (907) 269-7470 or (907) 465- 3562, or visit the ACMP web site at http://www;gov.state.ak.us/gdc/Projects/projects.html. Attachment 3 _,' (J" ~, V DEPARTMENT 01' COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Sarah Palin, Govmror William C. Noll, Commissioner Michael Black, Director December 8, 2006 Honorable Vanta Shafer City of Seward P.O. Box 167 Seward, AK 99664 Dear Mayor Shafer: We had a very good meeting on November 8th with City of Seward staff and John Graves, Federal Emergency Management Agency (FEMA), Region X to present a proposal for using FEMA assistance in improvirig flood-related hazard information in the form of 'flood recovery maps' for the City of Seward. FEMA and our Division floodplain management staff are eager to hear Seward's response to this offerfor;f1ood recQyery mapping - funding for this effort is not available through the normal floofll11FlP ; modernization process.; E. - However, serious concems exist with the City's lack of enforcement and:CQl'I1pliance with Title 15.25 Floodplain Management Ordinance. The most extreme and immediate problem area noted during my September 21st site visit was the unregulated development in the Japanese Creek mapped floodplain behind the Levee. Photos showing the activity within the floodplain will be sent with the letter copy showing that an access road, culvert and bridge extended across and blocked the floodplain, gravel piles encroached in the floodplain, and evidence of heavy equipment work within the floodplain corridor. However, no indication of clearing the sediment and gravel build-up was present. The high hazard posed by this floodplain development appears to have added to the damage to the Japanese Creek levee during the October flood. Please provide to FEMA Region X, (attention John Graves), and to this Division, (attention Floodplain Management Program), a written course of action by January 8, 2007 describing how the City will: · Notify all property owners, residents, and public facility owners/operators within Forest Acres Subdivision of their increased risk due to the increased bed load and damage to the levee during the October flood; · Remove the damaged bridge from the Japanese Creek Floodplain; · Remove the bed-load material from the floodplain; 550 W. 7th Avenue, Suite 1770, Anchomge, Alaska 99501-3510 Telephone: (907) 269-4580 Fax: (907) 269-4563 Text Telephone: (907) 465-5437 Emai1: questions@Commerce.state.ak.us Website: http://www.commerce.state.ak.us/dca/ S~ December 8, 2006 Mayor Shafer City of Seward . Avoid future development in the areas below the levee that have been illustrated as having flooded in 1986 and 1995 (see Long Term Care Facility photo attachment), until such time as: 1} the Levee has been certified as providing 1 % flood protection + 3 feet of freeboard height above the Base Flood Elevation(1% flood), and 2) the critical facility site can be determined to be adequately filled and armored to the Base Flood Elevation + 2 feet or the Design Flood Elevation (whichever is higher). . Improve City intemal processes to ensure permit compliance on all Development defined as ".. .any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving excavation or drilling operations located within the are of special flood hazard" (Seward Title 15.25.020). The Action Plan, will require both short- and long-term goals, actions, timelines and listed responsible entities. Reducing the risk to this area of Seward will require immediate and future actions to bring this area into floodplain compliance. '", ~ . .,. . fllease'contact Christy Miller (~07) 269-4567, OCCEO. or. John Graves, FEMA Region X, (425) 487-4737, if you, or City staff, have questions regarding this t\Jationat Flood . " Insurance Program compliance action letter. . ';~!:[ :t:. V" ~~ . Sincerely, . ~~?~~ Christy L Miner: Certified Floodplain Manager Floodplain Management Program Coordinator cc: John Graves, Department of Homeland Security, FEMA Region X Bothell, WA. Scott Simmons, Mitigation Officer, Division of Homeland Security & Emergency Management (DHSEM) Bob Stewart. Response & Recovery Program Manager, DHSEM Brett Nelson, USDA, Natural Resources Conservation Service Charlie Cobb, DNR, State Dam Safety Engineer Kirsten Vessel, Assistant Seward City Manager Christy Terry, Executive liaison, City of Seward W.C. Casey, Public Works Director, City of Seward D. Scott Williams, Planner, City of Seward Tom Shepard, Project Manager, City of Seward Dave Squires & Janice Melvin, Seward Fire Department Michael Black, Director, Division of Community Advocacy, DCCED Taunnie Boothby, Division of Community Advocacy Seward Bear Creek Flood Service Area lpD ~> !g ~j &0 ~~ %~ -~ " ~ ~ ~ I i HHiUU J uu ~:~!~ ! a~~~8iih i ~ ~!3~ilii': ~ ~ ~~ SS ~ ~ ~i,~ i z ~ ~~ ~ ~ .~ sH~~ ~ ~i ~U~ ~ 19\1