HomeMy WebLinkAbout03062007 Planning & Zoning PacketSeward Planning & Zoning Commission
Regular Meetin
Moncli 6,
p.m City Council Chambers
Marianna Keil
Chair
1.
Call to Order
Term Expires 02110
2.
Opening Ceremony
Tom Smith
Vice -Chair
A. Pledge of Allegiance
Term Expires 02110
3.
Roll Call
MargaretAnderson
Commissioner
4.
Special Reports & Presentations
Term Expires 02109
A- City Administration Report
Kevin Clark
1. Reported Violations, Interpretation and Abatement
Commissioner
Term Expires 02/09
B. Other Reports, Announcements & Presentations
Lynn Hohl
1. Liaison from Seward Bear Creek Flood Service
Commissioner
Term Expires 02108
Area Board
5.
Citizens' Comments on any subject except those items
Sandie Roach'
scheduled for public hearing. [Those who have signed in
Commissioner
will be n the first opportunity to alk Time is limited
given ft pportun ty spe
Term Expires 02/10
,
to 2 minutes per speaker and 30 minutes total time for this
agenda item]
Bob Hicks
Commissioner
6.
Approval of Agenda and Consent Agenda. [Approval of
Term Expires 02108
Consent Agenda passes all routine items indicated by
asterisk (*). Consent Agenda items are not considered
Marvin Yoder
separately unless a Commissioner so requests. In the event
Interim City Manager
of such a request, the item is returned to the Regular
Agenda.]
D. Scott Williams
Planner
Christy Terry
7.
Special Items
Executive Liaison
A. Election of Chair and Vice -Chair ................... Page 4
Planning & Zoning Commission Regular Meeting Agenda
March 6, 2007 Page I
8. Public Hearings [Limit comments to 5 minutes Those who have signed in will be given
the first opportunity to speak]
A. New Business Items requiring a Public Hearing —
1. Resolution 2007-01, of the Seward Planning and Zoning Commission of the
City of Seward, Alaska, granting an amendment to a Conditional Use Permit
issued to Providence Alaska (10/1996) as amended by the Seward Board of
Adjustment: elimination of condition 10b related to the requirement for
perimeter fencing for the Helistop located on Lot la, Original Townsite of
Seward, Marathon Addition, within the Institutional Zoning District . Page 5
2. Resolution 2007-02, of the Seward Planning and Zoning Commission,
granting the City of Seward Harbor Department a variance from Seward City
Code Chapter 15.25 Floodplain Management Coastal (V High Hazard Flood
Area to construct a public restroom facility on the South Harbor Dredge fill
tract..............................................................................Page 18
9. Unfinished Business —
A. January 4, 2007 Regular Meeting Minutes ...................................................... Page 31
10. New Business
* A. Reschedule Planning and Zoning April 3, 2007 Regular Meeting to April 5, 2007
...................................................................................................................... Page 42
* B. February 6, 2007 Regular Meeting Minutes .................................................... Page 43
11. Informational Items and Reports (No action required)
A. Special meeting notice for March 20, 2007.................................................... Page 50
B. Joint Work Session with the Seward Bear Creek Flood Service Board set for March
6t', at 6:30pm, City Council Chambers........................................................... Page 53
C. Joint Work Session with Council set for March 27, 2007, 6:OOpm, City Council
Chambers................................................................................ Page 54
D. Flood Development Permit Information....................................................... Page 55
E. Seward Bear Creek Flood Service Area Board Agenda for March 5, 2007...................
....................................................................................................................... Page 61
F. Seward Bear Creek Flood Service Area Board Approved Minutes for January 15,
2007 and February 5, 2007.............................................................................. Page 62
Planning & Zoning Commission Regular Meeting Agenda
March 6, 2007 page 2
12. Commission Comments
13. Citizens' Comments [Limit to 5 minutes per individual Each individual has one
opportunity to speak]
14. Commissions and Administration Response to Citizens' Comments
15. Adjournment
Planning & Zoning Commission Regular Meeting Agenda
March 6, 2007 Page 3
P&Z Agenda Statement
Meeting Date: March 6, 2007
From: Christy Terry, Executive Liaison
Agenda Item: Election of Chair & Vice -Chair
BACKGROUND & JUSTIFICATION:
Each year the Planning and Zoning Commission must elect a Chair and Vice -Chair for the coming year.
The duties of the Chair are to:
1. Open the meeting on time and call the meeting to order;
2. Announce in proper sequence the business on the agenda;
3. Recognize members who are entitled to the floor;
4. State and put to a vote all legitimate motions that arise during the meeting:
5. Do not permit debate until there is a motion on the floor,
6. Protect the Commission from frivolous or delaying motions by refusing to recognize
them;
71. Enforce the rules regarding debate and keep order;
8. Expedite business in a way compatible with the rights of the members;
9. Decide all questions of order;
10. Respond to all inquiries of members;
11. Ensure that citizens address all remarks to the Commission; and
12. Declare the meeting adjourned.
The Vice -Chair assumes the duties of the Chair when necessary.
The process for election of the Chair and Vice -chair is as follows:
The current Chair should open nominations. Anyone can nominate another commissioner as chair.
• If only one nomination is received, a motion should be made to close nominations and cast a
unanimous ballot for the chosen person. That motion will need a second and can be approved by
unanimous consent. (No role call vote is necessary).
• If more than one nomination is received, I will prepare ballots for each Commissioner to vote for
one nominee and sign his ballot. I will then collect the ballots, read the votes aloud, and
announce the prevailing nominee. A motion is then in order for someone to elect the nominee as
chairman. A second is needed and the motion can be approved by unanimous consent of the
commission.
The above procedures should also be used to elect a vice chair.
RECOMMENDATION: Commission elects a Chair and Vice -Chair
Sponsored by: Providence
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2007-01
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING AN AMENDMENT TO A CONDITIONAL USE
PERMIT ISSUED TO PROVIDENCE ALASKA (10/1996) AS
AMENDED BY THE SEWARD BOARD OF ADJUSTMENT:
ELIMINATION OF CONDITION 10b RELATED TO THE
REQUIREMENT FOR PERIMETER FENCING FOR THE
HELISTOP LOCATED ON LOT 1A, ORIGINAL TOWNSITE OF
SEWARD, MARATHON ADDITION, WITHIN THE
INSTITUTIONAL ZONING DISTRICT.
WHEREAS, Providence Seward Medical and Care Center was granted an
amended conditional use permit including conditions on March 10, 1997 having been
heard by the Seward Planning and Zoning Commission and appealed to the Seward City
Council sitting as the Board of Adjustment ; and
WHEREAS, Condition 10 of the CUP allowed for the location and operation of a
helistop for purposes of helicopter medivacs; and
WHEREAS, Condition "10 b" required the applicant to "install a fence around
the perimeter of the landing site to ensure a safe landing zone and provide a barrier to
dust and debris." The applicant complied with the condition and erected a chain link
fence ; and
WHEREAS, The applicant, Providence Seward Medical and Care Center, has
properly applied for an amendment to the conditional use permit to remove Condition
1 Ob and provided justification for their request ; and
WHEREAS, Typical snow conditions for Seward and the need to keep the
helipad clear of snow and ice debris is made more difficult with the fence; and
WHEREAS, FAA Circulars and Advisories have been reviewed for helicopter
operations adjunct to a hospital and no specific requirement for fences surrounding a
helistop have been discovered; and
a
Seward Planning and Zoning Commission
Resolution No. 2007-01
Page 2
WHEREAS, having complied with the public notification process; on March 6th,
2007, the Seward Planning and Zoning Commission held the required public hearing on
the Conditional Use Permit application (amendment).
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. According to SCC 15.10.320.D., the Commission shall establish a finding
that the use satisfies the following conditions prior to granting a conditional use permit:
A. The use is consistent with the purpose of this chapter (the Seward Zoning Code)
and the purposes of the zoning district
Finding: The principal use will remain unchanged by this amendment and
no adverse impacts to adjoining properties or other properties in the area are
anticipated.
B. The value of adjoining property will not be significantly impaired
Finding: There is no indication that the amended, conditional use permit
would substantively change site and/or operating conditions nor negatively impact
the value of adjoining properties and no negative public comment has been
received from the neighboring property owners.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This use was previously reviewed for consistency with the Seward
2020 Comprehensive Plan (2005) and Strategic Plan (1999) and nothing in this
amendment would change the previous determination.
D. Public Services and facilities are adequate to serve the proposed use.
Finding: N/A.
E. The proposed use will not be harmful to the public safety, health or welfare
Finding: There is no anecdotal evidence that removal of the fence would
increase the risk of harm to the public, or be adverse to the public's health and/or
welfare. The applicant has stated, based on observations of helicopter operations
for nine (9) years that the fence may be more of a source of increased hazard to
operations due to accumulated snow.
F. Any and all specific conditions deemed necessary by the commission to fulfill
the above -mentioned conditions shall be met by the applicant These may
include but are not limited to measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use
Seward Planning and Zoning Commission
Resolution No. 2007-01
Page 3
Based on the above findings and conclusions, approval of the CUP shall be
subject to the following conditions: No Additional conditions.
All other conditions attached to, and required for the conditional permit
approval will remain unchanged.
Modification of final approval of a conditional use permit may, upon application
by the permittee, be modified by the Planning and Zoning Commission:
a. When changed conditions cause the conditional use to no longer
conform to the standards for its approval.
b. To implement a different development plan conforming to the
standards for its approval.
c. The modification plan shall be subject to a public hearing and a
filing fee set by City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject
to the above conditions, satisfies the criteria for granting an amended conditional use
permit provided the remaining conditions listed in the permit are met by the applicant,
and authorizes the administration to amend the conditional use permit for the operation of
a hospital helistop at the Providence Seward Medical and Care Center by removing
condition 10b.
Section 3. The Planning and Zoning Commission finds that adherence to the
conditions of this (previously issued) permit is paramount in maintaining the intent of
Seward City Code Section 15.10.320; conditional use permits, and authorizes the
administration to issue an amended conditional use permit. Additionally, the
administration shall periodically confirm that the use conforms to the standards of its
approval.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th
day of March, 2007.
THE CITY OF SEWARD
Marianna Keil, Chair
IN
P&Z Agenda Statement
Meeting Date: March 6, 2007
Through: Marvin Yoder, Interim City Manager
From: D. Scott Williams, Planner
Agenda Item: RESOLUTION 2007-01 OF THE
SEWARD PLANNING AND ZONING COMMISSION
OF THE CITY OF SEWARD, ALASKA, GRANTING
AN AMENDMENT TO A CONDITIONAL USE
PERMIT ISSED TO PROVIDENCE ALASKA (10/1996)
AS AMENDED BY THE SEWARD BOARD OF
ADJUSTMENT: ELIMINATION OF CONDITION 10b
RELATED TO THE REQUIREMENT FOR
PERIMETER FENCING FOR THE HELISTOP
LOCATED ON LOT 1A, ORIGINAL TOWNSITE OF
SEWARD, MARATHON ADDITION, WITHIN THE
INSTITUTIONAL ZONING DISTRICT.
BACKGROUND & ANALYSIS:
Background:
Applicant: Providence Seward Medical Center
KPB PCN: 14801010
Location: 417 First Ave. / Marathon Addn. Replat Lot 1 A
Area: Approximately 2.32 acres
Zoning: Institutional
Existing Use: Hospital / Helistop
Proposed Use: Continued Use as a Emergency Helistop
Flood Zone: N/A
Page 5 g
Providence Seward Medical Center has submitted a request to amend their previously
issued conditional use permit that allowed the placement and operation of a helistop to
medievac patients to and from the hospital via helicopter. The helistop was a provision
granted by the Board of Adjustment on appeal after the conditional use permit was
reviewed by the Planning and Zoning Commission.
Providence desires to remove condition "10 b" which requires a fence to be erected
around the helipad, The condition reads," Install a fence around the perimeter of the
landing site to ensure a safe landing zone and provide a barrier to dust and debris."
The justification asserted by Providence are :(quoted)
• "Snow removal from the helipad is greatly hampered by the fence. We are unable
to push large amounts of snow to the fence, and it takes, longer to remove snow,
thereby increasing the amount of time and fuel it takes for snow removal;
• The fence actually makes the helipad more dangerous. When snow cannot be
moved back far enough and is piled on the fence, there is less room for the
helicopter to land and snow can be higher than the tail rotor is off the ground;
• The fence is a hazard to moose calves. During the early spring, we have had new
born calves approach the fence. As the fence is an unusual height, if a calf
attempted to jump the fence, there is a possibility it could get caught by the top of
the fence; -
• Due to snow removal, the fence is damaged every winter and must be repaired
every spring. This is an expense that could be eliminated."
Analysis:
Staff has reviewed the request to remove condition "1 Ob" as well as the general history of
the permit and operations of the helistop and have concluded that the request to remove
condition IOb and therefore remove the perimeter fencing around the helistop appears to
be motivated by practicality.
Staff also reviewed FAA AC 150/5390-2B Circular Chapter 4 Section 412 "Safety
Enhancements" regarding hospital heliports and found that no specific mandate exists to
fence a helipad and the decision to erect fencing or barriers must be based on specific site
conditions. This chapter advises that people, animals and vehicles need to be kept away
from the landing area; however, other means may be employed to affect the same
outcome. In this case, hospital personnel may be deployed during landing and take -off
operations to assure there are no incursions of people and animals or vehicles on the
landing pad. The same document also addresses the need to keep landing areas clear of
debris including ice and snow to prevent loose materials from being made airborne and
causing injury or damage to the aircraft.
Concerning the matter of operations, it seems reasonable to expect that the noise of a
Page 6 9
helicopter and rotor wash produced by a hovering aircraft as well as flashing warning
lights would give substantial "warning" that persons and animals should stand clear.
Moreover, the pilot of an aircraft is ultimately responsible for safe landings and take -offs
and will make judgments about the safety of a landing area.
Public Comment:
At the time of publication of this report, staff has received one public comment regarding
this proposal and permit application. Seward Fire Chief Dave Squires has asserted that
the fence is critical to the overall safety of operations at the helipad. The fence, if the
adjoining area were properly maintained including appropriate snow removal, provides
an effective barrier to children, and animals. The site, having been inspected for this
action, was found to be lacking in proper snow removal and the fence has been damaged
due to snow removal operations. Snow has been pushed, and is being stored up against
the chain link fence and therefore defeats the barrier function of the fence. It appears that
snow from the pad and fence areas needs to be transported away from the site rather than
be stored.
If any additional correspondence is received after publication of this agenda statement, it
will be presented as a lay down item at the March 6th meeting.
CONSISTENCY CHECKLIST: Yes No
1. Comprehensive Plan (2006) X _
2. Strategic Plan (1999) X _
This requested amendment will not change nor have an effect on the land use aspects of
the hospital or helistop. The establishment of the helistop in conjunction with the
operation of Providence Seward Medical Center is consistent with both Comprehensive
and Strategic Plans by promoting local medical emergency services including medivac.
RECOMMENDATION:
Staff does not make a recommendation whether the Commission approves or dissaproves
Resolution 2007-01, granting an amendment to the conditional use permit issued to
Providence Seward Medical Center on March 10, 1997 to remove condition 10 b.
If the Planning and Zoning Commission denies the amendment as requested, Staff recommends amending
Condition lob to include proper maintenance of the area around the fence to include removal of the snow
away from the helipad and away from the fence itself and finally, to prohibit snow storage within the
fenced area.
Page 7 i, ;�
'
Providence Seward
Medical Center
P.O. Box 365
Seward, AK 99664
Tel 907.224-5205
Fax 907.224-7248
Providence Seward
Family Clinic
P.O. Box 365
Seward, AK 99664
Tel 907.224.5205
Fax 907.224.7248
Providence Wesley
Care Center
P.O. Box 430
Seward, AK 99664
Tel 907.224-5241
Fax 907.224.5250
.907.224.3688
Providence Seward
Home Health
P.O. Box 365
Seward, AK 99664
Tel 907.224.5205
Fax 907.224.7248
February 1, 2007
Seward Planning and Zoning Commission
City of Seward Community Development
PO Box 167
Seward, AK 99664
Dear Commission Members:
CITY OF SEWARD
FEB ' 6 2007
PLANNING OFFICE
Providence Seward Medical and Care Center respectfully request to be able to
remove the fence that is currently around the helipad. We realize this will require
an amendment to our Conditional Use Permit. We would like to remove the fence
for the following reasons:
• Snow removal from the helipad is greatly hampered by the fence. We are
unable to push large amounts of snow to the fence, and it takes longer to
remove the snow, thereby increasing the amount of time and fuel it takes for
snow removal.
• __ The fence actually makes the helipad more. -dangerous. When snow cannot be
moved back far enough and is piled on the fence, there is less room for the
helicopter to land and snow can be higher the tail rotor is off the ground.
• The fence is a hazard to moose calves. During the early spring, we have had
new born calves approach the fence. As the fence is an unusual height, if a
calf attempted to jump the fence, there is a possibility it could get caught by
the top of the fence.
• Due to snow removal, the fence is damaged every winter and must be repaired
every spring. This is an expense that could be eliminated.
We appreciate your consideration in this matter, and would be happy to answer
any questions you may have.
Sincerely,
Kathleen R. Kloster
Administrator
Providence Seward Medical and Care Center
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Prov/Seward Medical Center
CUP - Amend item 10b
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Marathon Addition Lot 1A
N
ormn By:
DGlenz
Sheet NO.
Ctmked by:
Scott Williams
1 Of 1
VI.
Dab:
March 6, 2007
Memo
To: Scott Williams, Planner
From: David Squires, Fire Chief
Date: 2/27/2007
Re: Granting an amendment to PSMC's CUP condition 10b
I want to advise you that I am opposed to the elimination of the condition that
requires having perimeter fencing for the helistop at Providence Seward Medical
Center.
In my original memorandum to Kerry Martin, Community Development Director dated
October 23, 1996; 1 gave four reasons not to select the original site for the helistop. A
new site was selected and compromises were done. In the memorandum to City
Manager Ron Garzini dated January 13,1997; in which there were four safety points
that Karl Reiche of Locher Interests, Inc and I made for the helistop and I suggested
four others to the City Manager that were forwarded to Mr. Martin. He included those
as part of the CUP that the Planning and Zoning Commission approved on March 10,
1997.
The reasons for the fencing were to alleviate concerns the residents had on children
in the neighborhood, pets and wildlife in the area that may enter the landing site and
debris being blown around by the helicopter. It also gave a sense of security to the
pilots of the aircraft for a "controlled area" for safe landing site.
PSMC's letter to the Commission is basically a maintenance excuse. During
construction of the helistop, the snow removal issue was a point of discussion with
the engineers and the hospital director. It was agreed that the snow would be
mechanically blown out of the landing area and the outside perimeter of the fence.
While this was, in my opinion, labor intensive; the hospital director felt that it was a
\3
doable item. In PSMC's letter they do not suggest any alternative to the previous
expressed concerns of the residents of the neighborhood for the helistop.
While this fence issue is not a fire concern, it is a safety concern. I have been to the
meetings that were held previously and heard the promises made to the residents of
the area by the Providence and the City administration. I would hope those promises
and concerns would be upheld by this Planning and Zoning Commission.
Page 2
VA
SEWARD PLANNING & ZONING COMMISSION
ISSUED TO: Providence Health Systems
ISSUE DATE: March 10, 1997
LOCATION: Lots 1, 2, 3, 13, 14, 15, 16, 17 & 18,
Marathon Addition
This amended Conditional Use Permit was granted by the Seward City Council following the
Board of Adjustment decision on March 10, 1997, which reversed the decision of the Seward
Planning and Zoning Commission and approved an amendment to allow construction and
operation of a helistop with certain conditions. This amended permit is issued as follows:
To construct and operate Providence Seward Medical Center subject to the
following conditions:
1. Any significant plan amendments or future expansion/development plans
(i.e. medivac helipad, future building) will be submitted to the P&Z
Commission for further review, approval and possible conditions.
2. An informational and directional sign plan will be developed and approved
by the Commission.
3. All parking areas and driveways will be paved within one year from the
demolition of the existing hospital.
4. In accordance with Seward City Code § 15.10.215 (I), lighting of all
parking areas shall be developed to reflect away from adjacent residential
areas and all public streets.
5. If, at any time, the vegetative screening between Glacier View Apartments
and the hospital property is removed it must be replaced by either a solid
wood fence or hedge not less than four feet or more than six feet in height.
6. The site plan will be amended in accordance with SCC § 15.10.215 (N)
which prohibits any fence, wall, hedge, or other planting, structure or
vehicle, forming a material impediment to visibility, within the required
site distance triangle.
7. Landscaping, based on the plan submitted with the Conditional Use Permit
application, shall be completed within one year from the date of the
certificate of occupancy, with the exception that trees will not be permitted
within the public right--of-way.
8. Solid waste dumpster(s) will be screened from public view with a solid
wood fence.
9. The permittee will submit final grade elevation plans and a drainage plan
to the city for review and approval.
10. Providence may construct and operate a hospital helistop on the site,
subject to the following conditions:
a. Relocate the helistop location to the northwest corner of the site between
the proposed hospital building and the parking lot.
b. Install a fence around the perimeter of the landing site to ensure a safe
landing zone and provide a barrier to dust and debris,.
c. Install traffic control lights on First Avenue 100 to 150 feet north and
south of the site to be controlled by the pilot and to aid traffic control.
d. No light poles shall be in the flight path on the site, to increase safety
depending on the angle of approach and departure.
e. Remove the three (3) wooden utility poles located at the comer of
Lowell Canyon Road and First Avenue.
f. Remove the six (6) wooden utility poles along the west side of First
Avenue in front of the existing building.
g. Relocate the flag pole.
h. Install an anemometer, wind direction instrument, and windsock at
appropriate locations to ensure the pilot and hospital staff have adequate
information to schedule flights and to assist the safe operation of the
helicopter.
i. Install appropriate lighting of the landing pad for night operation with
switch controlled pad lights to minimize light from the pad when not in use.
j. Providence shall be responsible for maintaining the area of the helipad
and hospital property in the flight path, including the TLOF, FATO and
Safety Area free of debris that may be affected by the helicopter's
rotorwash during take -off and landing.
k. Providence shall place warning signs on all sides of the Final Approach
and Take -Off Area.
��0
1. The TLOF, FATO and Safety Areas shall be paved or covered with a
material (i.e. lawn or washed rock) to mitigate potential adverse rotorwash
effects created during the helicopter's take -off and landing.
m. Providence shall comply with all Federal Aviation Administration
recommendations, including the recommendations for hospital helistops
contained in the FAA Heliport Design, Advisory Circular and the
recommendations contained in the letter to Karl Reiche from James
Perham, Project Manager, Safety & Standards Branch, Airports Division,
dated December 12, 1996 (recommendations included in the conditions
listed above).
An approved conditional use permit lapses six (6) months after approval if no building permit is
procured or if the allowed uses are not initiated. The Seward Planning and Zoning Commission
may grant time extensions not to exceed six (6) months each upon a finding that circumstances
have not changed sufficiently to warrant reconsideration of the approval of the conditional use
permit. A public hearing shall not be required prior to granting an extension of time (Section
15.10.320(E), Seward Planning and Land Use Regulations).
Failure to adhere to all the conditions of this permit may result in revocation of the permit and
possible civil and criminal penalties.
DATED this 19th day of March, 1997.
Gllr ox=!� -FePi
r f ��•"P0 2 ,:1 i0 �;0
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THE CITY OF SEWARD, ALASKA
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Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO.2007-02
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING THE CITY OF SEWARD HARBOR
DEPARTMENT A VARIANCE FROM SEWARD CITY CODE CHAPTER
15.25 FLOODPLAIN MANAGEMENT COASTAL (V) HIGH HAZARD
FLOOD AREA TO CONSTRUCT A PUBLIC RESTROOM FACILITY ON
THE SOUTH HARBOR DREDGE FILL TRACT.
WHEREAS, the City of Seward Harbor Department proposes to construct a public restroom
facility on the newly created dredge fill tract located in the south harbor area; and
WHEREAS, the tract created from dredge fill is located within a designated coastal high
hazard floodplain as identified on the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Map (FIRM); and
WHEREAS, according to FIRM No. 020013- 6375, dated May 19, 1981, the Base Flood
Elevation for the subject tract falls into both the V2 and V6 zones with BFE 9' and I F respectively;
and
WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code
Section 15.25.050.D.4., states: The use of fill for structural support of buildings within Zones Vl -
V30 on the FIRM is prohibited (ORD. 98-11). Structures are required to be constructed atop either
pile or column foundations in the V — tidal and, the area to be developed, although filled, is still
designated within the V tidal flood zone pending further action by LOMR-F; and
WHEREAS, the applicant has applied to the Planning and Zoning Commission for a
variance from the City of Seward Floodplain Management Ordinance to construct the proposed
structure based upon, and with the understanding that the City of Seward is concurrently filing an
application for a Letter of Map Revision for Fill (LOMR-F) with FEMA to re -designate the subject
area to a "C" Flood designation; and
WHEREAS, the public notification process was complied with and the appropriate public
hearing as required by Seward City Code § 15.01.040 was conducted by the Commission.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with Seward City Code Section 15.25.060 the Seward Planning and
Zoning Commission has considered all of the following factors:
Seward Planning and Zoning Commission
Resolution No. 2007-02
a. The danger that materials maybe swept onto other lands to the injury of others,
b. The danger to life and property due to flooding or erosion damage;
G The susceptibility of theproposedfaciffty and I& contents to flood damage and the es'ectofsuch damage
on the individual owner,
d The importance of the services provided by the proposed facility to the community;
e The necessity to the facility of a waterfront location, where applicable,
f. The availability of alternative locations for the proposed use which ate not subject to flooding or erosion
damage,
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan andfloodplain loodplain management program for
that area;
1 The safety of access to the property in times of flood for ordinary and emergency vehicles,
J. The expected heights, velocity, duration, rate of rise, and sediment transport of theflood waters and the
effects of wave action, # applicable, expected at the site;
k. The costs of providing governmental services during and afterflood conditions, including maintenance
and repair of public utillties and facilities such as sewer, gas, electrical, and water systems, and streets and
bridges.
Section 2. The Commission makes the following specific findings regarding the City of
Seward Harbor Department's floodplain variance request:
A. The restroom facility, as proposed, is a necessary support accessory to the harbor and
upland recreational and commercial uses and there are no other feasible locations for the structure
which are not located within a floodplain;
B. Failure to grant the variance would result in hardship to the applicant for the following
reasons: i) it is not feasible to construct the proposed structure on piles or columns; and ii) the
restroom facility is for use by harbor customers and clients and its viability because of its proximity
to the harbor floats and upland access points to the saltwater would be compromised at any other
location;
C. Granting the requested variance will not result in damage or hardship, nor cause or
exacerbate a flood condition for this or any other property;
D. The proposed use is compatible with the surrounding commercial and recreational land
uses and existing similar facilities;
t
Seward Planning and Zoning Commission
Resolution No. 2007-02
E. Considering all of the above findings, the Commission hereby determines that the
requested variance to construct the public restroom facility founded on the newly created dredge fill
area south of the Seward Boat Harbor and within the V6 flood zone, is necessary to afford relief and
is in the public interest.
Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants
the City of Seward Harbor Department a floodplain variance from Seward City Code § 15.25.050. D
(1) & (4). to allow the construction of a public restroom building in a V6 designated flood zone and
without a requirement for a foundation of piling or columns.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day
of March, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Marianna Keil, Chair
M1
Floodplain Administrator
City of Seward Received By: D.S. Williams
Community Development Department Date: 1 31 07
P.O. Box 167
Seward, AK 99664
VARIANCE REQUEST
to SCC 15.25 FLOODPLAIN MANAGEMENT
1. APPLICANT INFORMATION
APPLICANT Ci of Seward AGENT Scott Ransom
Address P.O. Box 167
City, State, Zip_ Seward, AK 99664
Day Phone,224-4077
Fax
Address Same
City, State, Zip Same
Day Phone Same Fax
* If the applicant or agent is not the owner of record, a letter of authorization for this variance request, signed by the owner,
must be attached.
11. PROJECT LOCATION: New dredge fill area adjoining Seward Boat Harbor (south)
Assessor Parcel No. Township Range Section
Subdivision Lot Block
111. INFORMATION/DOCUMENTATION REQUIRED
Please attach additional pages if there is not sufficient space for your response.
A. Documentation Required:
I. Completed City of Seward Floodplain permit application.
2. As -built or proposed site plan to scale, showing house location and local topography.
3. Building floor plans to scale.
4. A completed Elevation Certificate, FEMA form 81-31. Not required
B. Describe the exact variance requested:
A variance request to SCC 15.25.0 0 D 4 "The use of fill for structural suppgrt of buildin s within Zones WV30 on
the FIRM is prohibited." This request is for the development of a restroom building on the south harbor dredge
filled area and to allow the construction of a building in a coastal high hazard (V6) flood zone.
The basis for this request is the near term application for a Letter of Map Revision for Fill from FEMA to remove the
subject land area from the Coastal V zone. The fill has been engineered by the Corps of Engineers including the use
of armor to protect against wave action and has been built to an elevation exceeding the base flood elevation (>
11').
C. Describe any conditions which exist peculiar to this piece of property that are not applicable to other property
in the same general location:
This land area is newly created by the 2003 dredging of the Seward Harbor; the fill is composed of sands and Uavel
removed from the harbor basin as a result of the Corps of Engineers projectThere are no other properties in the
immediate area in which to base a comparison. Use of the land area is now, and will continue to be associated with
the boat harbor including the restrooms that are proposed.
Zk
D. Strict interpretation of the provisions of SCC 15.25 Floodplain Management, would deprive the applicant of
rights commonly enjoyed by other properties in the same general location. These rights are:
The ability to use the land area, even for the construction of accessory buildings would be prohibitive if required to
be founded on piles or columns or excluded from development within an area depicted in the V6 flood zone The
level of risk of loss for the restroom structure is minimal and no other structures are proposed for area at this time.
Upland areas adjoining the subiect filled area are generally considered non -flood designated areas or Zone C based
on the Seward FIRMS.
E. The described special conditions and circumstances do not result from the actions of the applicant and such
conditions and circumstances do not merely constitute a monetary hardship or inconvenience in that:
The restrooms proposed for the fill area are of a public nature and their development is in the public interest The
requirement for the use of piles or columns would pose a substantial financial, hardship but this request is based on
the premise that the area is expected to be re-classified to a Zone C (non -flood) in the near future. Exclusion of any
development due to the area's current designation of V6 would be contrary to the public's interest as an accessory
facility to support the harbor and adjacent uplands.
F. Granting the variance will not result in increased flood height for the following reasons:
The proposed structure will have no affect on flood height in the tidal areas adjoining.
G. Describe the susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the owner.
The restrooms facility, as proposed, is not susceptible to flood damage based on normal tidal fluctuations and is
unlikely to be affected by storm tide conditions. The design and construction of the building as proposed, are
expected to be appropriate for the location and exposure.
H. Describe the availability of alternative locations for the building which are not subject to flooding or erosion
damage:
The proposed restrooms are to serve the new South Harbor (float) Expansion. The location of the restrooms is
critical to use of the harbor facilities. A location further away would not be sufficient.
I. Describe the compatibility of the facility with the existing and anticipated development in the area:
Accessory buildings to public moorage and harbor development and upland recreational and commercial use. The
proposed facility is compatible and complimentary to existing uplands uses.
J. Describe the safety of access to the property in times of flood for ordinary and emergency vehicles:
Access is via a direct land connection with contiguous uplands and local thoroughfares.
21/
IV. ADDITIONAL REQUIREMENTS FOR DEVELOPMENT IN FLOODWAYS
For development in floodways, the applicant must submit documentation that this variance will not result in any
increase to flood levels during the base flood, e.g. conveyance calculations and/or step -backwater analysis certified by
a registered professional engineer or architect. The Floodplain Administrator will determine which analysis is
- required for individuals projects. N/A This variance request is concerning a Coastal "V" flood zone.
V. CERTIFICATION STATEMENT:
The information contained on this form and the attachments are true and complete to the best of my knowledge. I
grant permission for city staff to enter onto the property for the purpose of processing the variance request.
1 understand that a City of Seward Floodplain permit is also required and that the granting of a variance does not
guarantee issuance of a City of Seward Floodplain permit. Cost of flood insurance is determined by actuarial risk and
will not be modified by the granting of a variance.
Y.0�40p' 1 %?- , .2 dn-
S gnature of Applica t or Agent Date
Scott Williams
From: Christina Stauffer [sbcfsa@arctic.net]
Sent: Tuesday, February 20, 2007 12:47 PM
To: Scott Williams
Cc: Christy Terry; Bill Williamson; David Dieckgraeff; 'Loyd Welch'; 'Tina E. McLean; Tom Gillespie.
Subject: City of Seward Variance Request/South Harbor Restrooms Building
Mr. Williams,
The Seward/Bear Creek Flood Service Area board reviewed this variance request at their regular board meeting
last evening, 19 February 2007. The board has no objection to granting this variance to Seward City Code 15.25
and wants to thank you for the opportunity to comment.
Christina Stauffer
Administrative Assistant
Seward/Bear Creek Flood Service Area
PO Box 1554
Seward, AK 99664
(907)224-3340
(907)224-5197
www. sewardbearcreekfloodservicearea. ors
3/1 /2007 2�
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
H. CORRESPONDENCE & REVIEW OF PAYMENT REQUESTS
• E-mail from Jane Gabler re Blaine Bardarson permit application
Christina Stauffer introduced this item and reported that Jane Gabler had requested
the attached permit extension letter from Blaine Bardarson to the US Army Corps of
Engineers be brought to the attention of the board.
Discussion was held but no action was taken at this time.
• Payment request for reimbursement to Christina Stauffer for postage and
miscellaneous expenses in the amount of $S 1.13.
Tina McLean moved that this bill be paid.
The motion was seconded and unanimously approved.
I. PERMITS _FOR REVIEW
• City of Seward Variance Request/South Harbor Restrooms Building
Steve Schafer asked for a relaxation of the rules so that he could ask Christy Terry
about the City of Seward codes regarding V zones.
Christy Terry responded that that City V zone codes were the same as the borough
codes.
John Gage pointed out that the original project had been done under the US Army
Corps of Engineers.
Discussion was held regarding the fact that the V zone designation involved in the
variance request was soon to be changed and taken out of the V zone entirely.
Tina McLean moved to send an e-mail to Scott Williams, the Seward City Planner,
stating that the board had no objections to the granting of this variance.
The motion was seconded and unanimously approved.
2/19/07 3
DRAFT "��
Scott Williams
From:
Scott Ransom
Sent:
Wednesday, February 28, 200710:17 AM
To:
Scott Williams
Subject:
FW: Seward South Breakwater Fill Area (UNCLASSIFIED)
-----Original Message -----
From: Jeffries, Alan C POA [mailto:Alan.C.Jeffries@poa02.usace.army.milI
Sent: Wednesday, February 21, 2007 3:47 PM
To: Kimberly Nielsen; Wierzbicki, Boguslaw J POA
Cc: Scott Ransom
Subject: RE: Seward South Breakwater Fill Area (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kim,
Scott,
The following is information on the new fill area portion of the recent Corps of
Engineers' Harbor Improvements project at Seward. Refer to Appendix A of the Sept. 1998
Feasibility Report prepared by the Corps for additional details.
Design Guidance for the project was:
USACE. 1984. Shore Protection Manual.
USACE. 1986. "Engineering and Design, Design of Breakwaters and Jetties," EM 1110 2-2904.
USACE. 1989. "Water levels and Wave Heights for Coastal Engineering Design,"
EM 1110-2-1414.
USACE. 1994. "Hydraulic Design Guidance for Small Boat Harbors," EM 1110-2-1615.
Dredged material was placed in Disposal Area 1 and armored with a three layer rock
revetment. Armor stone size and gradation were determined using Hudson's equation with
the following variables: stone specific gravity, side slope, design wave height, and
stability coefficient. Subsequent Core and Filter rock layer gradations were determined
using filter criteria to prevent piping of the dredged material through the revetment.
The ability of the armor rock layer to withstand wave action was determined by using the
same design wave height and stability coefficient as that for the breakwaters.
The revetment represents a permanent protective structure for the fill over the design
life of the project.
The top elevation of the dredged material fill was established as +20' MLLW.
This was based on a maximum wave runup of 5.4' added to the highest observed tide of +
15.1' MLLW (result was +20.5' MLLW). Since the original breakwaters were at +18' MLLW and
have been reported to have sustained only occasional overtopping, an elevation of +20'
MLLW was selected for design of the new breakwaters and fill area to achieve essentially
non -overtopping structures.
Please let me know if the information above is sufficient for your purposes or if there
are any questions or details I can clarify.
If you need a copy of the Appendix A, I can provide one.
Thanks,
Alan
1 /�
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City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 2
Call to order
The January 4, 2007 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Char Marianna Keil.
Opening Ceremony
Commissioner Smith led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Marianna Keil presiding, and
Kevin Clark Bob Hicks
Lynn Hohl Sandie Roach'
Tom Smith
comprising a quorum of the Commission; and
Scott Williams, Planner
Christy Terry, Executive Liaison
Absent: Margaret Anderson
City Administration Report
Planner Scott Williams reported on the following item:
• A response to Christy Miller's letter dated December 8, 2006 was provided as a. lay down at
the dais. He noted Christy Miller had retired and Taunnie Boothby was acting as Interim
Floodplain Management Program Coordinator.
Other Reports, Announcements and Presentations- None
Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing —None.
Approval of Agenda and Consent Agenda —
Motion (Smith/Roach') Approve the Agenda and Consent Agenda
Keil added under New Business, "Change to Rule 26 Council Rules of Procedure: Order of
Business."
3'
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 3
Hohl added under New Business, "Discussion regarding the Middle School Conditional Use
Permit."
Motion Passed
Unanimous
The following items were approved under the Consent Agenda: -
November 16, 2006 and December 5, 2006 Regular Meeting Minutes
Public Hearings
Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of
the Subdivision of ATS 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." (Postponed from the December 5, 2006 Regular Meeting and on the floor for action.)
Williams directed the Commission's attention to the clarifying information in the new agenda
statement and letter from surveyor Nick Cline.
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.
In response to Keil's request, Terry read the current amendment on the floor that was
postponed from the December 5, 2006 Regular Meeting,
"Add Section Lb, The existing building will
be removed or modified in compliance with
setback requirements prior to the
finalization of the plat."
In response to Dicks, Williams noted the easement would be negotiated with the City and
would become part of the recorded plat.
Hohl thanked the stafffor their response to Commission questions from the last meeting. She
asked if there was a current Floodplain Permit for the existing structure.
Williams stated he was not aware of a Floodplain Permit for this structure. He stated either a
variance or an elevation certificate would be needed for any new structures. Williams stated the
current building should be removed prior to the recording of the plat. He stated it was possible the
current building did require a variance, but he had not been able to find accurate information on when
the fill was placed.
Hohl stated her concern was not with the fill, but the existing structure.
r,Z
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 4
Williams stated he did not know if the building was constructed at this location or if it was
moved there. He clarified the building was not on a permanent foundation.
Hohl stated she was unsure if temporary structures required a Floodplain permit.
Williams reiterated Surveyor Nick Cline had confirmed the building would be removed prior
to the plat being finalized.
Motion Passed
Main Motion Passed
Unanimous
Unanimous
Set January 16, 2007 Work Session Topic as details for "Community Values Meetings."
Williams noted staff had moved forward on preparations and asked the Commission to discuss
details during this meeting.
Commission discussed possible topics for the January 16, 2007 Work Session, such as
definitions. Clark stated he would not be at the Work Session and Hicks stated he was unsure if he
would be able to attend.
Roach' preferred to set the Work Session Topic as `Details for the Community Values
Meetings.' She supported discussion of the topic tonight, but felt the Commission might have further
ideas that needed to be discussed at the Work Session.
Williams agreed with Roach', and noted it would be helpful to discuss how to infuse the
SMIC Development Plan and the Parks and Recreation Master Plan updates into the meetings.
Keil noted the Flood Board mentioned their Flood Mitigation Plan might be available and
asked that this be incorporated into the discussion and available for distribution to the public.
Williams listed the details for the Community Values meetings thus far:
• February 7'h and e .
• 7:00 pm start time
• Middle School Main Lobby
• Refreshments
• Section 2 of the Comprehensive Plan Volume 1 posted around room (including photos)
• Large format demographics for the Seward Area posted around room
• Land Use Map and Zoning Map with Zoning Area Key posted around room
Williams stated the basic set up of the room would include chairs in a circular pattern with a
table for public testimony facing flip charts for notes. He stated that outside of the chairs would be an
open area with room for individuals to walk around and view displays.
�3
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 5
In response to Hohl, Williams stated actual testimony could be recorded and the meetings
would be advertised. He understood the testimony would be digested by staff and formatted in a
resolution recommending changes to Council and that a public hearing would be also held at that
time.
Keil supported as much citizen input as possible -and gave the example that citizens might have
stronger comments to add regarding flood mitigation.
Hohl agreed, but wasn't sure how a formal Public Hearing could be incorporated into the
meetings with everything else they were trying to accomplish.
Williams questioned the amount of community involvement, since the community had recently
been canvassed by a survey.
In response to Keil, Williams stated that he now had a copy of the VISTA Survey and planned
to infuse the document with graphics and comments to use as part of the meetings in February.
In response to Hicks, Williams confirmed that the Commission's role was to listen and learn
from the citizens attending, but added they would also need to ask questions to clarify responses.
-By general -consensus, the Planning and Zoning Commission set their January-16, 2007 Work
Session Topic as details for "Community Values Meetings."
Discuss Quarterly Joint Work Sessions with Seward Bear Creek Flood Service Area Board
Williams suggested the Commission ask the Board to meet at City Hall to allow for space
needs for both the Bodies.
Hohl suggested the meetings be held an hour before their Regular Meetings.
Keil and Smith concurred.
By general consensus, the Commission set Quarterly Flood Board Meetings for March 6, June
5, September 4, and December 4, 2007 at 6:30 pm.
Keil asked Smith to provide some thoughts on the Joint Work Session held with the Flood
Board in December.
Smith noted the Flood Board had done a lot of work for the community and suggested
holding quarterly meetings with the Planning and Zoning Commission could help the community
understand the Flood Board's importance. He noted interest in flood issues varied based on the flood
needs at the time. Smith stressed that the Flood Board had a great wealth of knowledge and it was
time for the community to solve the Seward Area's mitigation problem. He noted the community
could control flooding if they could control the gravel.
3�
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 6
Hohl noted the Commission had just recommended approval of a plat in a Flood Zone without
the Flood Board's comments.
Keil stated the discussion with the Flood Board included a streamlined process where all of
Seward's Flood Plain Permits were approved by the Kenai Peninsula Borough instead of the City of
Seward. Keil stated another item under discussion were legislative changes to allow blanket permits
for multiple land owners to extract gravel. She advocated working with Council to provide additional
support to enact these changes.
Williams stated it was important that a dialogue between the two bodies had begun. He stated
at the last Flood Board meeting the Board had agreed to contribute seed money to help with the
investigation of the Japp Creek issue. Williams stated this was an important step in moving forward
with enforcement issues, project scoping and moving gravel.
Keil stated the key issue was gravel extraction. She noted something needed to happen or the
cycle would continue. She asked the Commissioners to talk to Council and encourage Council
Members to use their power with the Legislature to continue progress on this issue.
Hohl stated it should be relatively easy to transfer Flood Plain Powers back to the Borough.
Kea stated the Planning and Zoning Commission could work cooperatively with the Flood
Board.
In response to Clark, Williams noted the Flood Board had worked with the Borough Attorney
to ascertain what their authority was within Seward's City Limits. He stated the Flood Board had
also queried the State Attorney Oaf's Office and was directed back to the Borough Attorney.
In finther response to Clark's inquiries, Williams stated he was not privileged to the
Borough's decision on this issue.
Clark stated, in order to solve this issue, Council could revert authority back to the Borough.
Williams stated it was important to proceed with due caution to make sure the City continued
to have regulatory authority for building permits. He clarified the Flood Board and the City needed
to work together to insure there were no gaps in the process. Williams stressed it was ultimately
important to work towards this goal cautiously.
Change to Rule 26 Council Rules of Procedure: Order of Business
In response to Hohl and Keil, Terry stated she discussed this item with the Clerk's Office and
this change in Council's Agenda did not automatically change the agenda order for the Planning and
Zoning Commission. She stated Planner Williams was currently working on Planning and Zoning
Commission Rules of Procedures and could examine the order of the Commission's agenda. Terry
315
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 137
suggested waiting to implement any change until the Council had an opportunity to see if they were
happy with their new agenda order.
Hohl spoke in opposition to the change and felt it was important for citizens to hear
presentations prior to making comments to Council.
Keil understood the change was made because citizens had to wait an extraordinary amount of
time through all the presentations when they were there to make comment on a specific item.
Hohl suggested an additional public comment section could have been added.
Clark clarified his understanding that Hohl and Keil stated citizens didn't want to wait through
the presentations to provide comment.
Hohl liked the historical placement of public comments with each agenda item. She stated the
current system lacked the ability to have an impact on the agenda item.
Keil stated that change was implemented because the public comments began to be abusive.
Smith stated he had been in a situation where a Council Member was making misstatements
and he was unable to provide them with the correct facts because of the public comment timing.
Hohl stated in the past she had made comments in regards to what she thought was
Administration's position, and then when the City Manager spoke, he had changed his position.
Discussion regarding the Middle School Conditional Use Permit
Hohl stated she was concerned with the safety of the children walking from the Elementary
School to the High School with the pedestrian pathway that was in place. She also stated the
Commission had not addressed the new design for the Ifigh School Driveway, but she didn't see
pedestrian safety being addressed in that design. Hohl reiterated that the pedestrian pathway from
the Elementary School to the Middle School was just a widened gravel shoulder that was not being
used by pedestrians. She noted this was a conduit between the neighborhoods. Hohl stated the new
portion did not have safe lighting.
In response to Keil, Hohl stated the Planning and Zoning Commission had issued the Middle
School Conditional Use Permit, and it was the Commission's job to address safety concerns. She did
mention this issue to the School Board and was told it was not under their authority.
Clark asked Hohl if this was a condition that was not being met, or if she was asking the
Commission to add a new condition.
Hohl felt the condition ofthe pedestrian pathway was met to the `letter ofthe law,' but argued
that the intent was not. She explained that the new drive area at the High School had not been
addressed by the Commission, but that it should be required to come before them. Hohl described the
3(0
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 8
new traffic loop off of Swetmann Avenue where kids could be dropped off at the cafeteria. She noted
the bike path ended at the back driveway and there was no lighting or pathway for the children to
follow.
In response to Hicks, Hohl stated the contractor had not finished the job.
Roach' concurred with Hohl and asked to review the Muddle School's Conditional Use
Permit. She stated in her discussions with the contractor, the contractor's interpretation varied from
what she understood the Commission had set as a condition. She shared her safety concerns as she
walked and drove large vehicles in the area.
Smith reminded the Commission that this was a passionate issue with a great amount ofpublic
input. He stated the designers did not want to modify their design in anyway. Smith concurred with
the Commission reviewing the Conditional Use Permit.
Keil suggested this could be brought back to the Commission.
Hohl and Roach' advocated for pedestrian safety in this area.
Keil asked Roach' to take some pictures.
Hohl thought the City was using this street as access to the substation. She noted this was a
private driveway and the City needed to have a cooperative agreement with the Borough.
Roach' discussed this with the contractor and was told that the City should not be using the
drive as access.
Informational Items and Reports (No action required)
Seward Bear Creek Flood Service Area Board Agenda for January 8, 2006
Seward Bear Creek Flood Service Area Board Approved Minutes for November 2006
ARRC - Army Corps of Engineers Application of Permit (dock extension)
In response to Hohl, Williams stated he thought ARRC would need a variance and a permit.
He noted at this point ARRC advertised for public input on their Corps Permit. He stated Carol
Griswold had made appropriate and good comments on the environmental issues that surrounded the
project. Williams stated any comments could be emailed to him and he would forward to Gary
Williams at the Kenai Peninsula Borough -
In response to Smith, Terry shared that ARRC had been providing monthly updates to the
Port and Commerce Advisory Board and stated she would ask ARRC Representative Louie
Bencardino to come and speak to the Commission.
;I
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 13 9
Hohl asked Williams to remind ARRC that they needed to apply for a Floodplain Permit.
Williams noted ARRC had obtained these forms and had discussed this issue with the
Community Development Department. He noted they had obtained a Flood Plain Permit for their fill
in the Log Pond.
Japanese Creek Floodplain Letter from Floodplain Management Program Coordinator Christy
Miller
Yoder stated the response to the letter was provided at each Commissioner's seat at the dais.
Commission Comments —
Roach' was impressed with the Planner's preparation for the Community Values Meetings.
Smith wished the Commissioners a good 2007.
Hohl noted Smith was on Monday's Borough Agenda for appointment to the Planning
Commission. She stated she would be at the Borough Planning Commission meeting to provide
comments on the Reconsideration for the Long Term Care Facility Plat. Hohl stated the plat
submitted did not meet one of the Seward Planning and Zoning Commission conditions.
Keil disagreed with Hohl's last statement.
Hohl stated Keil spoke as a Planning and Zoning Commissioner in favor of the plat the last
time it was before the Borough Planning Commission. She stated the Commission had unanimously
voted to include dedicated north -south access and suggested the minutes be reviewed to verify her
statements.
Clark disagreed with Hohl and stated the tapes should be reviewed to verify the entire
discussion.
Hohl stated the intent of her motion was for the provision of additional north -south access in
addition to the existing streets being widened. Hohl noted the issue become confused because during
the Conditional Use Permit for the Long Term Care Facility, the Commission voted against the
dedication.
Roach' and Clark stated they did not recall that requirement.
Hohl noted there was a full page discussion in the minutes on alternative north -south access.
Keil argued the Commission did not ask staff for a specific dedication.
Hohl asked for a recess so that the minutes regarding this issue could be reviewed.
�a
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 14 0
The Commission recessed from 8:40 to 8:55 and were provided with copies of the September 5
and September 12, 2006 Regular and Special Meeting Minutes.
Hohl stated as the maker of the motion that dedicated the additional right-of-way she knew
the intent of her motion and tried to make that clear to the Commission.
Keil stated she struggled with Hohl's interpretation of the discussion because Maple Street
and Cottonwood Street were included. She further noted Clark's statement for suggestions by the
City Staff to be included.
Hohl argued widening of an existing access was not creating equal or superior access.
Smith noted the streets were only 40 feet wide in that area and the Commission voted to
increase the dedication to 60 feet.
Hohl agreed, but stated that was done in a previous motion. She stated the minutes clearly
demonstrated her clarification of the motion to provide additional access.
Keil stated the discussion centered on the interpretation of equal -to or superior access.
Hohl and Keil debated the clarity of the motion.
Roach' stated the motion was clear.
Keil, Clark, and Smith stated the motion was unclear.
Clark noted the minutes did not reflect every conversation. He recalled a discussion about
Afognak Avenue, the West side of the property, and the City's position that a `S' sweep of Afognak
Avenue wouldn't work because there wasn't enough room to place on road on the levee side of the
parcel.
Hohl stated Clark voted to approve the motion.
Clark stated he didn't remember agreeing to plat a north -south road on the west side of the
property. He felt the tapes might have further explanation on other Commissioners' intentions.
Hohl argued that staff had discussed additional access other then the widening of Maple Street
and Cottonwood Street. She felt the Commission was addressing additional access on the west side
of the property.
Clark stated, based on the motion, he agreed the Commission needed to dedicate a north -
south access because of Borough requirements, but Clark stated he did not agree that the access
needed to be platted on the west side of the property. He advocated listening to the tapes to verify
the intent of the Commission.
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 141
Hohl stated she knew the intent of the Borough Code was that alternate access was a new
access.
Clark argued the motion did not state an alternate access needed to be provided. He noted
the motion stated `equal or superior.' Clark stated Administration obviously left the meeting with a
different interpretation from Hohl.
Hohl stated she couldn't verify Clark's last statement.
Clark stated he could not continue the discussion without listening to the tapes.
Keil and Hohl debated the intent of the Commissioner's votes and the clarity of the motion,
Clark reiterated the need to listen to the tapes because the minutes were not verbatim.
Hohl stated the minutes were the legal recording of the Commission's action.
Smith noted the motion stated the vacation was subject to `dedication of equal or superior
north -south access' but did not specify where or how.
Keil and Clark noted Administration understood this to mean the widening of Maple Street
and Cottonwood Street.
Hohl felt this was already addressed in a previous motion.
Smith verified this was previously addressed and additional rights -of -way were then discussed.
Keil clarified for Planner Scott Williams the process thus far and Hohl's objection to Keil
speaking on behalf of the Commission at the Borough Meeting, since Hohl and Keil differed on their
interpretations of the plat.
Hohl stated the confusion was in part due to the Commission failing a motion to amend the
Conditional Use Permit to replace the vacation of the Section Line Easement with a dedication to
allow future connectivity from Dora Way to Dimond Boulevard. She clarified that during the platting
action the Commission voted unanimously to provide additional north -south access. Hohl stated the
Commission did not want to specifically tell City Staff how to provide this access because the
Commission wanted City Staffto choose the best location for the north -south access. She stated the
staff did not do what the Commission required. Hohl stated on Monday at the Borough meeting she
would be speaking to this section of the minutes.
Hicks stated a court of law would review the approved minutes. He noted if the court found
the motion ambiguous they would look to the minutes. Hicks noted after Glenz's explanation of the
expansion of Maple Street and Cottonwood Street, Hohl stressed the dedicating additional access.
Hohl and Keil debated Borough Staff's interpretation of the amendment.
qO
City of Seward, Alaska Planning Commission Minutes
January 4, 2007 Volume 6, Page 14 2
Roach' asked why the Borough went against the Commission's recommendation.
Hohl stated they did not explain, and she noted City Staff did not stress the fissures on the
parcel
In response to Interim City Manager Marvin Yoder, Hohl noted the Borough did not follow
their own Code in providing equal to or superior access.
Citizens' Comments —
Commissions and Administration Response to Citizens' Comments — None.
Adjournment
Meeting adjourned at 9:10 pm.
Christy Terry Marianna Keil
Executive Liaison Chair
(City Seal)
4k
MEMORANDUM
City of Seward
Community Development
Date: March 6, 2007
To: Planning and Zoning Commission
Through: Sco i iams,
Planner
From: Donna Glenz,
Planning Assistant
Subject: April 3, 2007 Regular Scheduled Planning and Zoning Meeting
The regular April Planning & Zoning meeting is scheduled for Tuesday April 3, 2007;
due to the Special State Election scheduled for the same date, April P, the Planning and
Zoning Commission meeting must be re -scheduled.
It is recommended that the April Planning and Zoning Meeting be rescheduled to
Thursday, April 5, 2007.
H2
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 143
Call to order
The February 6, 2007 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Marianna Keil.
Opening Ceremony
Commissioner Hicks 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 (7:36)
Sandie Roach' Tom Smith
comprising a quorum of the Commission; and
Scott Williams, Planner
Christy Terry, Executive Liaison
Absent: None.
City Administration Report
Planner Scott Williams reportedon the following items:
• There were no reported violations, interpretations or abatement issues.
• The Community Development Department was actively working on a Flood Development Fill
Permit for the ARRC Dock, a Conditional Use Permit Amendment for the Providence
Hospital Heliport, an additional Conditional Use Permit for a local business, and a Variance
request totheFloodplain Ordinance for a City Project.
Other Reports, Announcements and Presentations -
Liaison from Seward Bear Creek Flood Service Area Board
Volunteer Liaison Randy Stauffer from the Seward Bear Creek Flood Service Area Board
(SBCFSAB) reported on the following items:
• Stauffer noted he was not a member of the Flood Board and could not speak for them, but he
was willing to convey information.
U3
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 144
• SBCFSAB appointed Randy Stauffer as the Board's Volunteer Liaison to the Planning and
Zoning Commission.
• Flood Service Area Office hours were now Monday through Thursday 9 am to 3pm.
• The Flood Board added an additional monthly meeting and would now meet the first and
third Mondays of each month.
• Stauffer stated the town meeting regarding an update on October 2006 flood information was
cancelled. Stauffer shared that FEMA, the lead participant in this meeting, postponed the
meeting due to funding problems before arrangements were completed.
In response to Hicks, Stauffer stated there was some internal confusion with Board
jurisdiction and the Board had asked for clarification from the State of Alaska Attorney General's
Office and the Kenai Peninsula Borough Attorneys. The Board was currently working with the Kenai
Peninsula Borough to resolve the issue of advisory authority.
In response to Hohl, Stauffer stated there was a lot of frustration with FEMA and noted the
Board was unsure of how to proceed at this time.
ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit presentation on
Railroad Dock Development
ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit provided an
update to the Commission on the Railroad Dock Development.
In response to Keil, Bencardino stated the freight would be transported out of the community
by rail, barge and truck.
In response to Smith, Ottenbreit stated the current plan was to service 700-800 foot ships
with no plans to extend the dock.
In response to Smith, Bencardino stated the Railroad would be adding an additional set of
tracks. In further response to Smith, Bencardino stated the reclaimed acres would be used as a
staging area for the Northern Edge exercise and the Railroad would be marketing the area at a future
date.
Hohl stated she just recently read the headlines from the day before the earthquake and the
Alaska Railroad had just built the dock in Seward at that time. She asked if they believed pipeline
goods would come through Seward.
Ottenbreit stated he had no doubt that every dock in Alaska would be flooded with equipment
because of the pipeline.
In response to Hohl, Ottenbreit stated local gravel would be used for the dock project.
Yq
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 145
In response to Hohl, Williams stated the Community Development Department had received
the Alaska Railroad's permit application. In further response to Hohl, Williams stated the Railroad
needed a development permit, but did not need a Floodplain variance.
Hicks pointed out the Railroad also had concrete slabs in the plans and surmised the Railroad
had additional improvements planned in addition to fill.
Ottenbreit noted the ramp was on wheels and was not a fixed structure.
In response to Hicks, Ottenbreit stated the United States Army Corps ofEngineers permit was
still in progress, the Alaska Department of Environmental Conservation had given the Railroad
information, and the Alaska Department of Natural Resources had given a Final Consistency
Response. In further response to Hicks, Ottenbreit concurred the process was going smoothly.
Ottenbreit clarified container ships docked during the winter in Anchorage to rail goods to
Seward to load onto barges. During the summer, the container ship would dock in Seward.
Ottenbreit stated TOTE planned to begin Seward dockings in April or May of 2008.
In response to Roach', Ottenbreit stated the increase of rail traffic would be about 33%.
Roach' discussed bus stop safety concerns with the Stoney Creek Crossing.
Ottenbreit stated he would convey the concerns to the appropriate parties at the Alaska
Railroad.
Hohl asked the railroad to consider the school bus schedule.
Clark stated that the Bear Creek Fire Service Board's top priority was to have a second
access into Questa Woods developed.
In response to Williams, Bencardino stated TOTE would not cease operations in Anchorage.
In response to Williams, Ottenbreit stated Seward could be a backup facility for Whittier's
interline rail service.
In response to Williams, Bencardino stated it was up to the captains of the TOTE ships to
decide if a tug was required to assist with the docking. In finther response to Williams, Bencardino
stated Sampson would now be refueling in Seward. Bencardino stated cruise ships did not like to
refuel in Alaska because of the fuel tax.
Smith observed it was slow and spill prone to refuel from a tanker and the Railroad dock did
not have a refueling pipe.
levels.
In response to Williams, Ottenbreit confirmed the dock would allow operations at all tide
Li5
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 146
Hohl stated she was relatively sure the alternate access into Questa Woods was in Kenai
Peninsula Borough Comprehensive Plan. She asked if there would be additional mitigation money for
the Seward Area in conjunction with the Corps process.
Ottenbreit stated the Railroad had indicated they wanted to provide mitigation funds.
Hohl and Keil discussed the status of the last money received from ARRC to the Ketchemak
Bay Heritage Land Trust.
Commission discussed the possibility of the City of Seward holding the mitigation land in
trust.
Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing —None.
Approval of Agenda and Consent Agenda —
Motion (Anderson/Hohl) Approve the Agenda and Consent Agenda
Hicks added the Middle School Pedestrian Pathway under Unfinished Business.
Hohl removed the January 4, 2007 Regular Meeting Minutes from the consent agenda.
Motion Passed as Amended Unanimous
The following items were approved under the Consent Agenda:
January 4, 2007 Regular Meeting Minutes
Public Hearings — None.
Unfinished business
Middle School Pedestrian Pathway
Hohl stated the Americans with Disability Act Specialist from Homer examined the pedestrian
pathway but had not completed written conclusions. She stated the Independent Living Center was
going to work with the City in developing a transition plan and she tried to obtain the Borough's plan
which was missing. Hohl requested a copy of the Borough's and Soldotna's transition plan. In
response to Keil, Hohl stated new construction should have met ADA requirements. Hohl also spoke
to Kenai Peninsula Borough Superintendent of Schools Donna Peterson about the need for pedestrian
infrastructure at the other end of the building. Hohl thought this would be coming to the Commission
as a Conditional Use Permit.
q(0
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 147
Roach' spoke with the maintenance staff in charge of relocating the pods and they knew
nothing about applying for a Conditional Use Permit. Roach requested this item be under unfinished
business for the next meeting and stated she would be providing photos.
Select Topic for February 20, 2007 Work Session
Williams asked the Commission to review filing fees for Land Use Actions at their upcoming
work session.
Hohl requested comparisons from other local governments within the Kenai Peninsula
Borough.
Keil suggested a reassessment of last year's Planning and Zoning Commission priorities in
preparation of their Joint Work Session with Council setting next year's priorities.
Anderson stated the political sign ordinance should not be forgotten.
By general consensus, the Commission set `Review the filing fees for Land Use Actions
and Discussion on Planning Commission Priorities for 2007 (to include a review of Seward City
Code pertaining to Political Signs)' as their Work Session Topic for February 20, 2007.
Suggest dates for Annual Joint Council/ Planning and Zoning Commission March Work
Session.
Keil stated she would be amenable to meet with it was convenient for the Council.
Hicks and Clark concurred.
Hohl suggested asking the Council for multiple dates for the Commission to review.
January 4, 2007 Regular Meeting Minutes
Motion (Hohl/Anderson)
Postpone approval of the minutes until our
next meeting.
Hohl noted the minutes of January 4, 2007 were closer to a verbatim transcript then the
summary of discussion required by Seward City Code 2.10.060. She asked the Commission to listen
to the tapes prior to approval if they wished the minutes to remain in their current form. Hohl then
asked if the Commission would like the minutes to be more of a summary, the Commission direct
staff to produce different minutes, or Commissioners could develop their own summaries. Hohl
stated Commissioners should also review the tapes prior to approval. She stated staff notes were
provided to the Borough Planning Commission outlining the Planning Commission's discussion from
the January 4, 2007 Regular Meeting. Hohl noted no action was taken from this discussion.
t47
City of Seward, Alaska Planning Commission Minutes
February 6 2007 Volume 6, Page 148
In response to Commissioner's requests for clarification, Hohl stated she was not ready to
agree or disagree with the current minutes, but wanted to review the tapes if the minutes were to
remain in the current format.
In response to Anderson, Hohl stated she wanted the minutes to be more of a summary.
In response to Keil, Hohl stated it was the prevue of each Commissioner if they wanted
additional details added to the minutes.
Smith stated the issue discussed was completed.
Hicks stated in his review of the minutes one of his comments was not what he intended. He
stated there was clearly a debate during the meeting and there was- no reason to not postpone the
minutes for a month.
Roach' concurred.
Hicks suggested allowing Commissioners who wished to listen to the tape could do so prior
to the next meeting.
Anderson concurred with Hicks.
In response to Keil, Clark stated he did not need to review the tapes from these minutes.
Motion Passed
Yes: Hohl, Anderson, Hicks, Roach'
No: Clark, Smith, Keil
Informational Items and Reports (1Vo action required)
February 7 and February 8 Community Values Meetings
Keil stated she would be late to the Meeting on February 8.
In response to Commission questions, Williams stated he would be reviewing Section 2 of the
Comprehensive Plan with a power point beginning at 7:00 pm, but asked the Commissioners to be
available during the open house beginning at 6:00 pm.
Commissioners noted there were multiple public meetings on the Thursday night ofthe Values
Meetings.
Seward Bear Creek Flood Service Area Board Agenda for February 5, 2007
Seward Bear Creek Flood Service Area Board Approved Minutes for December 2006
Commission Comments —
City of Seward, Alaska Planning Commission Minutes
February 6, 2007 Volume 6, Page 149.
Hohl stated she had sent a letter to Planning Director Max Best and the Borough Planning
Commission on a section of the Borough Code she discovered that required a subdivision or replat
that deviated from the preliminary plat to be submitted back to the City for review.
In response to Williams, Hohl read examples from her letter.
Clark thanked Volunteer Liaison from the Seward Bear Creek Flood Service Area Board
Randy Stauffer for his time. He commended Stauffer for his willingness to fill the role.
Roach' thanked Randy Stauffer for volunteering his time for this important role. She then
thanked ARRC Representative Louie Bencardino and ARRC Engineer Dan Ottenbreit for their
openness in discussing the dock project.
Keil thanked the Alaska Railroad for their presentation.
Citizens' Comments — None.
Commissions and Administration Response to Citizens' Comments —
Hohl apologized for her tardiness and stated she had a Tuesday meeting in Soldotna.
Adjournment
Meeting adjourned at 9:07 pm.
Christy Terry
Executive Liaison
(City Seal)
Marianna Keil
Chair
O
MEMORANDUM
Date: March 6, 2007
To: Planning and Zoning Commission
Through: D. Scott Williams, Planner
From: Christy Terry, Executive Liaison
Subject: Special Meeting on March 2&, 2007
If the Community Development Department obtains the remainder of the information
requested from the applicants, Planner Scott Williams is scheduling a Special Meeting for
March 2e, 2007. The possible items for the Special Meeting are Conditional Use
Permits for the Middle School Connexes and a Recreational Vehicle Park.
��
N •
Memorandum
CITY OF SEWARD
COMMUNITY DEVELOPMENT
Date: January 4, 2007
To: Planning & Zoning Commission
From: Administration
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
January
February
March
Regular Meeting Special P & Z Meeting for Public Hearings or
scheduled Work Session
January 2nd January 16"
February 6a'
March 6'h
April April 3`d
May May 3rd (Thursday)
June June 5 h
July
July 3Id
February 71h and 8'h Community Values Meetings
February 2& scheduled Work Session
March 6`' Flood Board
March 2&
April 171h
May 15* (Borough Assembly in Seward May 1' )
June 51h Flood Board
June 19`h
July 171'
August
August 7'h
August 21 s`
September
September a
September 41' Flood Board
September I e
October
October 0 (Thursday)
October 16`h (KPB & Local elections October 2nd)
November
November 8t° (Thursday)
November 2& (National Election November 6t')
December
December 0
December 0 Flood Board
December 18'h
If you have questions or concerns, please call 224-4065 or email su-illianis ci;cit\ ofseNN ard.net
6k -
City of*Seward
2007 Planning Zoning Commission
Meeting and Agenda Cut -Off Dates
Reminder: Per SCC2.30.220(a), the Commission shall meet at 7:30 p.m. in the
council chambers on the 1st Tuesday of each month
Public Hearing Items
Non Public Hearing Notice
Meeting Date
Variance/CUP/Plat Reviews
Items
(3 weeks prior to meeting)
(2 weeks prior to meeting)
December 12,:2 u
Decembe>r'l40
k
."Z,*
VRIM-
January 23
February 6
January 16
January 30
NIA
February 20
a
AN
„t
Rff
x
Febr'u M
h
_..F_7
Aril 3
March 13
March 20
March 27
NIA
A ril 17
May 15
May 22
June 5
May 29
NIA
June 19
X su
3 -
an
August 7
July 17
July 24
July 31
NIA
August 21
gi
AV
« _
September 11
September 18
October 4
September 25
N/A
October 16
W" -.VW��,4-
November 13
November 20
December 4
November 27
NIA
December 18
Decem
Decent 3
December:, s
�;Jir
GAFormats - Donna\P and Mommission MeetingsWU mtg Cut Off Dates 2007 G
UPCOMING MEETINGS Calendar via e-mail? Contact the City Clerk at
clerk'Lc'cityofsexvard. ne or call 224-4045.
Seward City Council/City Manager Retreat
Topic: The Vision and Future of Seward
Saturday, March 3, 2007
• all day beginning at 9:00 a.m.
Upstairs Conference Room
(The public is invited to attend, but this is strictly
dialogue between the council and city manager)
City Manager Candidate In -Person Interviews
Monday, March 5, 2007 from 10:00 am to 12:30
pm
City Council Chambers
Meet two of the City Manager Candidates
Open Public Reception with catered appetizers
Monday, March 5, 2007 from 4:00 pm to 6:00 pm
Legends Restaurant
Seward City Council Special Meeting
RE: Picking a candidate for city manager
Tuesday, March 6, 2007 at Noon
City Council Chambers
Seward City Council Invitation
Tour of the Boys & Girls Club
Tuesday, March 6, 2007 at 5:00 p.m.
Seward Elementary School
Planning and Zoning Commission
Quarterly Joint Work Session with the
Seward/Bear Creek Flood Service Board
Tuesday, March 6 at 6:30 p.m.
City Council Chambers
trd Planning & Zoning Commission
Regular Meeting
Tuesday, March 6 at 7:30 p.m.
City Council Chambers
Port and Commerce Advisory Board Meeting
Wednesday, March 7, 2007 at 12:00 Noon
City Council Chambers
Library Steering Committee Meeting
Thursday, March 8, 2007 at 12:00 Noon
Upstairs Conference Room
Interested in receiving a copy of this Seward City
Purchase Order 100851-00 -Publish on March 1, 2007
S3
Seward City Council Regular Meeting
Action Agenda
Monday, February 26, 2007 at 7:30 p.m.
The following resolution requiring a public
hearing was approved:
Resolution 2007-011, Confirming The Special
Assessment Roll Of The Elhard Electric
Improvement District, And Providing For The
Levy, Payment Terms, And Penalties Of The
Special Assessment District.
The following item for reconsideration was
reconsidered and approved as amended:
Resolution 2007-010, Approving A Contract with
Mikunda, Cottrell & Co. For External Audit
Services For The Years 2006, 2007 And 2008.
The following resolutions were approved:
Resolution 2007-19, Authorizing the City
Manager to Enter Into an extension of the
agreement with Tryck Nyman Hayes, Inc. to
provide engineering and design services for the I
& T docks and the Travel Lift/Bulkhead in the
Small Boat Harbor for an amount not to exceed
$88, 890.00.
Resolution 2007-20, Allowing The City Manager
To Enter Into A Contract With Air Exchange Inc,
For The Project At The Seward Fire Department
For A Vehicle Exhaust Capture And Removal
System.
The February 12, 2007 regular city council
meeting minutes were approved.
iThe annual joi:27,2007
k session with the Planning
Zoning Cssion was scheduled for
sday, March at 6:00 p.m.
The Renewal of liquor license for New Seward
Hotel/New Seward Saloon was approved.
Applicants Tom Smith, Marianna Keil and Sandie
Roach were appointed to another three-year term
to the Planning & Zoning Commission.
Went into executive session for the city clerk evaluation.
Seward City Council Special Meeting Agenda
Tuesday, March 6, 2007 at Noon
1. Call to order
2. Pledge of allegiance
3. Roll call
4. Citizens' comments on any subject
except those items scheduled for public
hearing.
5. Approval of agenda
6. New Business
A View and discuss city manager candidate
essay question results.
7. Executive Session
A. Go into executive session to evaluate and
discuss entering into a conditional employment
offer with a candidate for city manager, subject
to successful negotiations and a criminal
background check.
S. Council comment
9. Citizens' comments
10. Council and administration response to
citizens' comments
11. Adjournment
SEWARD PLANNING & ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Tuesday, March 6, 2007
NOTICE IS HEREBY GIVEN that the Seward
Planning and Zoning Commission will conduct a public
hearing on the following items of business at its regular
meeting of March 6, 2007.
Resolution 2007-01, Of The Seward Planning And
Zoning Commission Of The City Of Seward, Alaska,
Granting An Amendment To A Conditional Use Permit
Issued To Providence Alaska (10/1996) As Amended By
The Seward Board Of Adjustment Elimination Of
Condition 10b Related To The Requirement For
Perimeter Fencing For The Helistop Located On Lot IA,
Original Townsite Of Sward, Marathon Addition, Within
The Institutional Zoning District.
Purchase Order 100851-00 -Publish onMareh 1, 2007
54
CITY OF SEWARD
P.O. BOX167
SEWARD, ALASKA 99664-0167
Sasha S. Forland
Environmental Permits Analyst
Alaska Railroad Corporation
P.O. Box 107500
Anchorage, Alaska 99510
• Main Office (907) 224-4050,
• Police (907) 224-3338
0 Harbor (907) 224-3138
• Fire (907) 224-3445
• City Clerk (907) 224-4046
• Engineering (907)' 224-4049
• Utilities (907) 224-4050
• Fax (907) 224-4038
February 23, 2007
Subject: ARRC Maintenance Dredging
City of Seward Floodplain Development Permit Extension #2005-08
Coastal High Hazard Flood Zone V6
Dear Ms. Forland:
Enclosed is your conditional floodplain development permit extension for
maintenance dredging as proposed for submerged lands adjoining and
adjacent to the ARRC fill dock. Be advised that this permit is effective for a
period not to exceed 12 months from date of issue. If work has not begun
within that period of time, you must request an additional time extension or
apply for a new permit. A final permit will issued when the information
required of the permit is received by this office.
Please make note of the submittal requirements of the permit and transmit
as soon as practical.
If you have any comments of questions, please feel free to direct them to me.
Sincerely,
D. Scott Williams
City Planner / Floodplain Administrator
City of Seward
Cc: Seward/Bear Creek Flood Service Area Board
S5
CITY OF SEWARD
Floodplain Development Permit
Extension
2005-08
Re -Issue Effective Date- February 23, 2006
City of Seward Floodplain Approval - Administrator's Use Only
Applicant/Project Name: ARRC, Maintenance dredging of 25,000 cubic yards at Dock
facilities over a ten year period
Tag Parcel #'s and Legal Descriptions: Tax Parcel # 145-025-17, USGS Quadrangle Seward
A-7, T1S, R1W, Section 3, Seward Meridian
1. Documentation Required
[N/A] COMPLETED Elevation Certificate, signed by a registered professional engineer,
architect, or surveyor;
[ X ] Detailed development plans showing dimensions, elevation, location, placement
of any fill, drainage and any alteration to watercourse, septic and other facilities. (City of
Seward Code - Section 15.25.040).
The permitted activity will involve maintenance dredging of existing ARRC Seward Dock
facilities (coal, passenger, and freight docks) and deepwater disposal of the dredged material.
See application (Attachment #1).
[N/A] *FLOODWAY: Certification by a registered professional engineer that the
development will not cause an increase in flood levels during the 100-year flood.
[N/A] Certification by registered professional engineer or architect that all specific
standards for development are met.
[N/A] Copies of all other required state, federal permits, if applicable. (If requested by
City of Seward Community Development Department)
None requested by the City of Seward, but applicant is also applying for a permit from
the ACOE and the Alaska Department of Natural Resources -Office of Permit Management
Program.
[N/A] Other:
2. Conditional Pre -Construction Permit
in
1 of 2 56
[ X ] Permit approved subject to the above standards and conditions. INDICATED
DOCUMENTATION ABOVE MUST BE SUBMITTED PRIOR TO ISSUING FINAL
PERMIT.
[ X ] Applicant is responsible for obtaining all other required local, State and federal
permits.
[N/A] Conditional Pre -Construction Permit denied (explanation attached)
[N/A] Referred to City of Seward Planning and Zoning Commission for variance action.
[N/A] Variance Approved (explanation attached)
[N/A] Variance Denied (explanation attached)
3/O
Date
Signature of Permit Official
THIS_ PERMIT IS VALID FOR ONE YEAR FROM THE ABOVE DATE. PLEASE
CONTACT THE CON ALJNITY DEVELOPMENT DEPARTMENT IF YOU ARE UNABLE
TO INITIATE THE PROJECT WITHIN THIS T VIE FRAME.
3. Final Post -Construction Permit
[TBD] Permit Approved. All standards and requirements described in this permit have
been satisfactorily met.
[TBD] Permit Denied. Activity not in conformance with (cite applicable ordinance
or regulation):
4. Remarks:
Date Signature of Permit Official
RETURN TO:
Planning Office
City of Seward
P.O. Box 167
Seward, AK 99664
2of2 51
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• Main Office (907) 224-4050
•Police (907) 224-3338
CITY OF SEWARD 'f
• Harbor (907) 224-3138
P.O. BOX 167
• Fire (907) 224-3445
SEWARD, ALASKA 99664-0167
• City Clerk (907) 224-4046
• Engineering f907) 224-4049
• Utilities (907) 224-4050
• Fax (907) 224-4038
Sasha S. Forland
February 21, 2007
Environmental Permits Analyst
Alaska Railroad Corporation
P.O. Box 107500
Anchorage, Alaska 99510
Subject: ARRC Freight Dock Expansion
City of Seward Floodplain Development Permit 2007-01 '
Coastal High Hazard Flood Zone V6
Dear Ms. Forland:
Enclosed is your conditional floodplain development permit for the expansion
of the Seward railroad freight facility. A final permit will issued when the
information required of the permit is received by this office.
We reviewed your letter dated January 12, 2006 and we concur that this
project will not need a variance to proceed because the use of the proposed fill
area and details of the gravel fill would not be defined as a "building." Please
be advised that any development constituting a "building" as is defined by
Seward code 15.25.050 would need to be designed and constructed according
to local flood ordinance requirements.
Please make note of the submittal requirements of the permit and transmit
as soon as practical.
Sincerely,
6
RDSAcott Williams
City Planner / Floodplain Administrator
City of Seward
Cc: Seward/Bear Creek Flood Service Area Board
CITY OF SEWARD
Floodplain Development Permit
2007-01
City of Seward Floodplain Approval - Administrator's Use Only
Applicant/Project Name: Alaska Railroad Corporation — Seward Freight Dock Expansion
Tax Parcel #'s and Legal Descriptions: Within the ARRC Terminal Reserve, KPB Parcel #
145-025-17 Tidelands — Seward Quad. A-7, Tl S, Rl W, Section 3, SM
NFTP Panel: 020012 0004 A
Seward Is NFTP M 020113
Flood Designation — Coastal V6 BFE 11'
1. Documentation Required
[ X] Completed Floodplain Development Worksheet;
[N/A] COMPLETED Elevation Certificate, signed by a registered professional engineer,
architect, or surveyor;
[ X ] Detailed (as -built) development plans showing dimensions, elevation, location,
placement of any fill, drainage and any alteration to watercourse, septic and other facilities. (Seward City
Code - Section 15.25.040), (attachment # 1-3 dated 11 / 1 /06).
[N/A ] FLOODWAY: Certification by a registered professional engineer that the development
will not cause an increase in flood levels during the 100-year flood.
[N/A] Certification by registered professional engineer or architect that all specific standards for
development are met.
[ X] Copies of all other required state, federal permits, if applicable.
[N/A] Other:
2. Conditional Fill and/or Structure Placement Permit
[ X ] Permit approved subject to the above standards and conditions.
INDICATED DOCUMENTATION ABOVE MUST BE SUBMITTED PRIOR TO ISSUING FINAL
PERNIIT.(final design plans and specifications to be submitted upon their completion)
1 of 2
[ X) Applicant is responsible for obtaining all other required local, State and federal permits
of Permit Official
Date
THIS PERMIT IS VALID FOR ONE YEAR FROM THE ABOVE DATE. PLEASE
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT IF YOU ARE UNABLE
TO INITIATE THE PROJECT WITHIN THIS TIME FRAME.
3. Final Fill and/or Structure Placement Permit
[TBD] Permit Approved. All standards and requirements described in this permit have
been satisfactorily met.
[N/A] Permit Denied. Fill not in conformance with site plan and applicant's statements.
4. Remarks:
1. Issuance of this permit is only for a gravel fill embankment (dock) and associated armor
rock or break wall. Further development of additional infrastructure in this zone will require an
amendment of this floodplain development permit or issuance of a new floodplain development
permit.
2. This permit shall run with the property and shall be assigned to subsequent property
owners; permission from the floodplain administrator shall not be required prior to assignment.
3. Issuance of this permit does not relieve the applicant of the responsibility of obtaining
permits from other agencies, if needed.
Signature of Permit Official
RETURN TO:
Planning Office
City of Seward
P.O. Box 167
Seward, AK 99664
Date
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SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING AGENDA
SUITE 122, SEAVIEW PLAZA BUILDING
5 March 2007
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. APPROVAL OF MINUTES
E. PRESENTATIONS
• Scott Walden- Kenai Peninsula Borough Office of Emergency Management
F. PUBLIC COMMENTS — LIMIT 3 MINUTES
G BOARD'S RESPONSE TO PUBLIC COMMENTS
H. CORRESPONDENCE & REVIEW OF PAYMENT REQUESTS
• E-mail from Christy Miller 2/22/07
I. PERMITS FOR REVIEW
• Marina Subdivision Seward Resort Addition/Plat Approval
J. OLD BUSINESS
• Watershed review and prioritizing for SBCFS A Flood Hazard Plan
• FY 2008 Budget Update
K. NEW BUSINESS
L. INFORMATIONAL ITEMS AND REPORTS (No action required)
• Seward City Planning Office re ARRC Freight Dock Expansion
M. BOARD COMMENTS
N. ADJOURNA/fENT
A.
B.
C.
D.
SEWARD / BEAR CREEK FLOOD SERVICE AREA
SPECIAL BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
MEETING MINUTES
15 January 2007
CALL TO ORDER
The meeting was called to order at 7:05 PM.
ROLL CALL
BOARD MEMBERS
Bill Williamson, Chairman
Steve Schafer, Vice Chairman
Tom Gillespie
Tina McLean
Dave Dieckgraeff
John Gage
Loyd Welch — Absent excused.
APPROVAL OF AGENDA
STAFF
Christina Stauffer
Administrative Assistant
Chairman Bill Williamson asked for approval of the agenda.
Vice Chairman Steve Schafer moved to approve the agenda.
The motion was seconded and discussion ensued.
Administrative Assistant Christina Stauffer requested addition of an e-mail from
Ron Long under Item H, Correspondence and Payment Requests.
The agenda was approved as amended.
APPROVAL OF MINUTES
Bill Williamson asked for any changes or corrections to the minutes from the regular
board meeting of 4 December 2006.
Steve Schafer moved that the minutes be approved as written.
The motion was seconded and unanimously approved.
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Bill Williamson asked for any changes or corrections to the minutes from the special
meeting of 28 December 2006.
Tina McLean moved that the minutes be approved as written.
The motion was seconded and unanimously approved.
E. PRESENTATIONS
Christina Stauffer made a presentation on the need for expanding her hours and
changing the office hours based on increasing work load. She presented an updated
list of all the pending projects of the SBCFSA and cited the plan to expand the
meeting schedule that had been approved at the special meeting of 28 December
2006. She further stated that it was necessary to address this issue immediately as
requests for increased personnel hours needed to be sent in for the new budget.
Discussion was held regarding the impact this change would have on the budget and
on the availability of the SBCFSA to the public considering the proposed office hours
change.
Steve Schafer moved to request increasing personnel hours from the current half-
time to three quarters time on the 2008 fiscal year budget.
The motion was seconded and unanimously approved.
Tina McLean moved to change the SBCFSA office hours as of 1 February 2007
from LOAM to 2PM Monday through Friday to 9AM to 3PM Monday through
Thursday.
The motion was seconded and unanimously approved.
F. PUBLIC COMMENTS
Dr. Paul Foreman presented a letter and packet of photographs and other
documentation to board members to support his comment. Dr. Foreman stated that
he wished to comment on the fill permit currently on the agenda for Rolf Bardarson.
He said that his property adjoined the proposed fill site on Exit Glacier Road and that
the gravel pad already present on Mr. Bardarson's property was blocking old drainage
routes. This has resulted in back flooding of his (Dr. Foreman's) land and home. He
noted that his home had sustained $20,000 damage due to back flooding during the
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October 2006 flood event and that there was currently standing water on his property.
He noted that his research indicated that no insurance claim had ever been filed on his
property before so that he believed the blocked drainage to be due to recent fill
activity. Dr. Foreman asked that restoration of proper drainage be included on any
permit for fill on the Bardarson property to prevent further flood damage.
City of Seward Liaison, Christy Terry wished to draw the board's attention to the
suggested schedule for quarterly work sessions with Seward Planning and Zoning.
She also presented the board with a copy of City of Seward Resolution 2006-134
adopting the Resurrection River Maintenance Plan. Ms. Terry shared the letter
written by the City of Seward in response to Christy Miller of the Alaska Department
of Commerce regarding Japanese Creek and other related flood issues.
Rolf Bardarson commented in response to Dr. Foreman's statement. He diagramed
the current arrangement of utility berms on the Exit Glacier property and road
easement and stated that he believed that these berms were the source of the blocked
drainage and not his gravel fill. He stated that he has offered to build a drainage ditch
free of charge for Dr. Foreman but that they had not been able to get together on a
time to do this.
Bob White commented that he had surveyed the stream bed up Box Canyon
yesterday and had not some levels with a range finder. He stated that all the recent
flood problems were caused by dike failure and the confinement of the creek to a
narrow channel. He said that he believes a barrier was needed 800 yards south of the
existing dike. In the October 2006 flood event the river ripped down trees and
created a new channel down Old Exit Glacier Road. He further noted that he was
aware that part of Dr. Foreman's property had flooded in 1986 but that this was
before Exit Glacier Road was improved.
Jerry Dixon stated that he lives in Nash Woods and wished to comment on the new
CHU access road currently being built. He stated that every flood event eroded the
bank of Sawmill Creek another 20 feet and that this new road was being constructed
without taking that into account. He believes that if the road is completed as platted
that it will become a conduit for Sawmill Creek which is currently higher than the
proposed road bed. He asked that the SBCFSA consider looking into reorienting the
road so that it does not contribute to flooding in the area.
G. BOARD'S RESPONSE TO PUBLIC COMMENTS
Bill Williamson addressed the Bardarson fill permit issue in response to Dr. Foreman
and Rolf Bardarson. He stated that he had called Jane Gabler and told her that the
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SBCFSA is holding comment on the Bardarson fill permit until all permits are
completed and until interested parties, i.e. neighboring property owners, had been
given time to submit their comments. He then asked Mr. Bardarson if he had filed a
US Army Corps of Engineers permit yet and Mr. Bardarson replied that he had not.
Tom Gillespie wished to comment on Mr. Dixon's concerns regarding the new road
being built by CHU in Nashwoods. He reported that CIRI has decided not to build
the lower portion of the road as platted at this time due to flood concerns. There are
no plans at this time to tie the new road into Johnson Rd. CHU is aware that the
stream bed is higher than the proposed road bed.
Tina McLean commented, in light of the information presented by Dr. Foreman and
Mr. Bardarson, that there is need to address all public situations where development
on one property affects development on another. She stated that the permitting
process is supposed to include considerations for how it affects neighbors and she
feels that this is not being looked at as it should be. She suggested that the SBCFSA,
as a board, should be promoting a more global approach to permitting and suggested
making an inquiry of the borough as to how they evaluate effects of development on
neighboring properties. She went on to thank everyone who took the time to come to
the meeting and offer public comment.
Bill Williamson stated that part of the problem is that the KPB is not real familiar
with the Seward area. They should have sent notification to neighbors on the
Bardarson permit request and did not. He also said that he feels that there needs to be
more borough oversight and engineering before permits are granted.
Steve Schafer remarked that part of what the SBCFSA is dealing with is a language
problem between the borough and the Seward area. The borough does not understand
the magnitude of what we deal with over here with regard to deposition and change.
Any change on a neighboring property is like bailing your boat into someone else's
and must be looked at in that light.
Dave Dieckgraeff commented that working together as neighbors on these problems
is a good way to go. He stated that easements were also needed to establish long term
access to stream beds to solve drainage problems.
H. CORRESPONDENCE & PAYMENT REQUESTS
• E-mail from Judy Rough 12/31/06/E-mail from Scott Walden 1/1/07
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Bill Williamson expressed concern that the response from Mr. Walden did not
address Ms. Rough's main concern, namely the gravel piles left on her property that.
might end up washing right back into the creek.
John Gage stated that, although emergency situations allow for different rules at the
time, these exceptions to the rules stop as soon as the emergency is deemed to be
over. Agreements and permits are required for work on private property after that.
Tina McLean remarked that this seems to present an outrageous problem. It seems
ludicrous that in an emergency situation the borough can damage someone's property
and then declare themselves not responsible. She stated that she felt that the
SBCFSA, as a board, should support people to whom this sort of thing has happened.
She suggested commenting on Scott Walden's reply so that Ms. Rough gets the
answers she needs.
Steve Schafer said that he did not believe that the borough has any money for this
kind of action at this time.
-Discussion was held regarding the appropriate response by the SBCFSA to this
situation. It was decided to send an e-mail to Judy Rough indicating that the board is
looking into the situation.
Steve Schafer moved to send an e-mail to Scott Walden regarding the procedure for
taking care of the aftermath of an emergency.
The motion was seconded and unanimously approved. The Administrative Assistant
was so directed.
• E-mail from Claudia Neklason 1/5/07
Discussion was held regarding this informative e-mail regarding an October flood
related issue concerning David and Angela Luck. It was decided that no action was
required at this time.
• Draft letter to Colette Thompson
Christina Stauffer presented a draft letter to the borough attorney requesting written
follow up to Ms. Thompson's presentation on the authority of the service area at the
November 6 h meeting.
Tom Gillespie moved to approve the letter as written.
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The motion was seconded and unanimously approved.
• Draft letter to Ron bong
Christina Stauffer presented a draft letter to Ron Long regarding formal SBCFSA
support of the proposed KPB Ordinance 2007-02.
Tina McLean moved to approve the letter as written.
The motion was seconded and unanimously approved.
• E-mail from Ron Long/Federal Funding Priorities Proposal
Discussion was held regarding KPB Assembly President Long's submission for flood
mitigation funding from the federal government. Board members unanimously
approved the suggested funding.
• Payment request for TelAlaska telephone bill
Tina McLean moved to pay the bill for $124.34.
The motion was seconded and unanimously approved.
• Payment request for reimbursements to Christina Stauffer
Steve Schafer moved to pay reimbursements totaling $86.35 to Christina Stauffer for
postage, office supplies and meeting refreshments.
The motion was seconded and unanimously approved.
I. PERMITS FOR REVIEW
• Rolf Bardarson Fill Permit/KRC #6447
Bill Williamson suggested postponing this permit comment until the next regular
board meeting to give Jane Gabler at the Kenai River Center and the parties involved
time to complete their contributions.
Discussion was held regarding the possibility that it might take longer than until the
next meeting scheduled for 5 February 2007.
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Tina McLean moved to postpone the board comment on this permit application until
the next regular board meeting.
The motion was seconded and unanimously approved.
• Seward Area Paving Bear Creek RoadWB Planning Commission
Discussion was held regarding the need to comment on this project as it is already
completed and the presentation merely involved a map of the replat of the road.
Tina McLean moved to thank the KPB Planning Commission for the opportunity to
comment via e-mail and to say that the SBCFSA has no comments on this issue.
J. OLD BUSINESS
• February 6a` Seward Town Meeting for October Flood update
Christina Stauffer briefed the board on the current status of the plans for this
meeting and the proposed structure of the meeting involving a very brief presentation
and then breakout groups.
Tina McLean commented that it did not sound as though this meeting, as currently
planned, would meet the public need.
Discussion was held regarding the role of the SBCFSA in this meeting
Dave Dieckgraeff suggested obtaining an agenda from Taunnie Boothby at the
Alaska Department of Commerce before offering board comment.
Further discussion was held regarding the original intent of the meeting and what
appears to be the focus at this time. It was decided that board members would look
further into the situation.
Bill Williamson noted that public feedback from the first meeting last October was
that it seemed disorganized and that the public got a "quick shuffle" from the
government and then little or no follow through on all the promised updates and
assistance.
Steve Schafer moved that a letter be sent via e-mail requesting an agenda, a list of
those who will be in attendance and the purpose of the meeting.
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The motion was seconded and unanimously approved.
K. NEW BUSINESS
• Liaison to City of Seward Planning Commission (tabled from last meeting)
Discussion was held regarding the appointment of a board member to serve as liaison
to the City of Seward Planning and Zoning Commission, to attend their meetings and
report back to the SBCFSA It was decided that at this time Bill Williamson and
Christina Stauffer would share the responsibility.
• Approval of Quarterly Meetings between the SBCFSA and Seward P & Z
Discussion was held regarding the best way to fit these four additional meetings into
the new board schedule of two meetings per month. Further discussion was held
regarding who should attend from the SBCFSA. It was decided that a quorum was
not necessary at a work session and that, therefore, as many board members as
possible would attend.
John Gage moved to approve the quarterly meetings as proposed. .
The motion was seconded and unanimously approved.
• 2008 FY Budget/Adjustment to Administrative Assistant Hours
Christina Stauffer briefly summarized the proposed 2008 FY budget and related the
request from the Mayor that any increases be kept under 3% unless need could be
demonstrated. She outlined the current status of the 2007 FY budget and informed
the board that it looked like the only category that needed to be increased for FY 2008
was that of personnel hours. She proposed submitting request for increased personnel
hours but otherwise leaving expense items as in the 2007 FY budget.
Discussion was held and it was decided to have the Administrative Assistant compose
the 2008 FY budget proposal for approval at the next regular board meeting.
L. INFORMATIONAL ITEMS AND REPORTS (No action required)
• FEMA/Public Assistance Applicant Briefing 12/18/06
Christina Stauffer gave a short summary of the meeting she had attended and related
that this meeting had only been for flood relief for government infrastructure and
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critical private non-profit. She told the board that FEMA was in Seward at this time
completing the appointments and assessments for this. She also related that the
meeting attendees had been informed that individual assistance from FEMA had been
denied for the October 2006 disaster as the total dollar amount did not meet the
FEMA threshold.
Discussion was held regarding this and it was decided to request more information on
this subject from FEMA representatives at the February a town meeting.
• Update on FEMA Planning Grant
Christina Stauffer handed out a copy of the grant progress report and financial
report submitted to the KPB Grants Administrator. She also requested assistance
from board members in updating the status of the various watersheds addressed in the
Flood Hazard Plan. Board members agreed to update the watershed information for
their individual assignments and return them to the SBCFSA Office.
M. BOARD COMMENTS
• Steve Schafer commented that the board will eventually need to push the borough to
address the need for easements on streams through private property.
• Tom Gillespie thanked the public for attending and offering their comments. He
expressed interest in the possibility of using sheet pile as a solution for some of the
dike problems and wanted to explore costs and how much would be needed.
• John Gage had no comment at this time.
• Dave Dieckgraeff said that there was a lot of snow out there and that if it all melts at
once we will have huge problems.
• Tina McLean had no comment at this time.
• Bill Williamson asked board members to think about some of the projects that the
SBCFSA has going on and how they might be prioritized. He also wanted to
comment that Christy Miller from the Alaska Department of Commerce has retired
and plans to go into private consulting. He suggested that the board should put her on
retainer to the SBCFSA to make her expertise available and assist with grants. This
could be paid for out of Contract Services on the budget.
Discussion was held regarding putting this item on the next meeting agenda.
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N. ADJOURNMENT
Dave Dieckgraeff moved to adjourn the meeting.
The motion was seconded and unanimously approved.
MEETING ADJOURNED at 9:15 PM.
NEXT MEETING WILL BE MONDAY 5 FEBRUARY 2007 AT THE
SEAVIEW PLAZA BUILDING, SUITE 122 AT 7:00 PM.
Chri.W" t/ Sr04&&r
Secretary
Minutes Approved: _5 February 2007
Date of Approval
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MEETING MINUTES
5 February 2007
CALL TO ORDER
The meeting was called to order at 7:00 PM.
ROLL CALL
BOARD MEMBERS
Bill Williamson, Chairman
Steve Schafer, Vice Chairman
Dave Dieckgraeff
Loyd Welch
Tom Gillespie
John Gage
Tina McLean — Absent excused
APPROVAL OF AGENDA
STAFF
Christina Stauffer
Administrative Assistant
Chairman Bill Williamson asked for approval of the agenda.
Dave Dieckgraeff moved to approve the agenda.
The motion was seconded and opened for discussion.
Administrative Assistant Christina Stauffer requested the addition to the agenda of
City of Seward Manager, Marvin Yoder, under Item E, Presentations; the addition of
a proposed grant writing seminar under Item K, New Business; and the addition of a
legal notice in the February 1, 2007 edition of the Seward Phoenix Log to Item L,
Information Items and Reports.
Bill Williamson requested the addition of an offer from a volunteer to assume the
responsibility of liaison to the Seward Planning and Zoning Commission under Item
L, Information Items and Reports.
Vice Chairman Steve Schafer moved to approve the agenda as amended.
The motion was seconded and unanimously approved.
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D. APPROVAL OF MINUTES
Bill Williamson asked for any changes or corrections to the minutes from the special
board meeting of 15 January 2007.
Steve Schafer moved to approve the minutes as written.
The motion was seconded and unanimously approved.
E. PRESENTATIONS
City of Seward Manager Marvin Yoder spoke to the board regarding the recent
events on the levee problems on upper and lower Japanese Creek. With regard to the
offer by the SBCFSA to assist with funding on engineering studies for the repair of
the upper creek levee, the City of Seward was able to contract with Shannon Wilson
for less than $10,000 to analyze the levee with regard to new FEMA certification
requirements, analyze bed load situation and analyze the condition of the levee. Mr.
Yoder stated that the City of Seward has already contracted for these services and will
provide the SBCFSA with a copy of the report as soon as they know what the issues
are. It is planned to move ahead on this report when the snow melts.
With regard to the long stalled lower Japanese Creek levee project, Mr. Yoder went
on to say that the City of Seward want to get together with stakeholders, property
owners and involved government agencies to decide between the proposed
alternatives, flood gates versus moving the stream at some time in the near future.
They City of Seward are meeting with the Alaska Department of Natural Resources
(DNR) this week to go over the alternatives with them. The City would like to
include the SBCFSA in the stakeholders meeting when it is arranged. At this point,
he noted, the most popular notion seems to be moving the stream but this needs to be
cleared with Fish and Game.
Tom Gillespie asked if FEMA was going to recertify the Japanese Creek levee.
Marvin Yoder replied that the process of certifying levees is a new one, instituted
after Hurricane Katrina. The letter that the City of Seward received from Christy
Miller regarding Japanese Creek required the certification. He said that the contractor
would need to find out how the certification process works and what needs to be
done.
Steve Schafer asked if Mr. Yoder could provide information regarding the recent
meeting between Tom Shepherd and FEMA here in Seward.
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Marvin Yoder replied that he had not attended the meeting.
Steve Schafer asked that Mr. Yoder check into this and possibly provide a report on
the meeting to the SBCFSA office.
There were no further questions of the presenter.
F. PUBLIC COMMENTS
Paul Foreman spoke regarding the fill permit being considered by the Kenai River
Center (KRQ and the SBCFSA for Rolf Bardarson, his neighbor. He stated that he
had submitted pretty much everything he had on this subject when he spoke at the
SBCFSA special board meeting in January. He wanted to respond to Mr. Bardarson's
comments at that meeting with regard to the effect that the utility berms were having
on the drainage problem. He agrees that the berms direct water and that cutting
through the berms might solve the normal drainage problem but this will not solve the
flooding situation. He invited anyone involved in the permitting process to come tow
his property and stated that he would show them around.
Christina Stauffer submitted photographs taken by Jeanie Glenn of Lois Way in
Seward after the October flooding and passed on Ms. Glenn's observations and
concerns with regard to the Box Canyon levee. Ms. Glenn hopes that the SBCFSA
will make the Box Canyon levee a priority in their mitigation planning for this year.
Ms. Glenn's pictures were viewed by all the board members.
G. BOARD'S RESPONSE TO PUBLIC COMMENTS
Bill Williamson asked Paul Foreman if his property was still covered with snow.
Paul Foreman responded that it was.
Discussion was held regarding Box Canyon levee and the SBCFSA letters to the
borough Mayor requesting engineering assistance. It was noted that there had, as yet,
been no response to these requests.
Tom Gillespie said that he had left a message for Rob Robson at the borough
regarding this issue and had not yet had a reply. He stated that he would follow up on
this and that it would be good if the borough engineer could even provide a sketch to
follow.
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H. CORRESPONDENCE & PAYMENT REQUESTS
• Payment request from Corporate Express
Loyd Welch moved to pay this bill in the amount of $100.97 for office supplies.
The motion was seconded and unanimously approved.
• Payment request from TelAlaska
Loyd Welch moved to pay this bill in the amount of $124.34 for telephone and
internet service.
The motion was seconded and unanimously approved.
I. PERMITS FOR REVIEW
• Alaska Railroad Corporation -Seward Freight Dock Expansion/City of Seward
-Planning Department _
Tom Gillespie commented that the planned project does not call for any real deposits
placed in uplands, the wetlands east of the old LP Warehouse, and is, therefore, out of
the SBCFSA's purview.
Loyd Welch noted that the railroad apparently planned to fill 92,000 square yards of
material below the tide line.
Discussion was held regarding flood board authority versus coastal management. It
was noted that unless there was a new fill footprint extending upland into the
wetlands that the SBCFSA should not be concerned.
Tom Gillespie moved to write a letter to Jane Gabler at the Kenai River Center to the
effect that unless there is further upland development resulting from this project that
the SBCFSA has no concerns or objections.
The motion was seconded and unanimously approved.
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• Rolf Bardarson Fill Permit/KRC #6447 (postponed from previous meeting)
Bill Williamson introduced the e-mail response to the KRC from Don Kuhle at the
US Army Corps of Engineers (USACE) in response to this permit request. He
reported that USACE had determined that the fill for Mr. Bardarson's project did not
impinge on wetlands and that, therefore, USACE had no objection.
Tom Gillespie requested a suspension of the rules to allow participation in the
discussion of Paul Foreman. He asked Dr. Foreman if he ,and Mr. Bardarson had
come up with any drainage solution at all between them.
Paul Foreman responded that Mr. Bardarson had previously offered to create a
drainage ditch for Dr. Foreman's property by breaking down the utility berms and
extending his own drainage. He had offered to do this without charge. Dr. Foreman
reported that he had been in agreement with this solution until the October flood
event but that he no longer believes that this is an adequate solution and feels strongly
that the drainage pattern that existed before Mr. Bardarson's fill needs to be
reestablished.
Discussion was held regarding the history of the drainage pattern along these
properties and what the best solution might be to the drainage problem.
Bill Williamson suggested that he could call Jane Gabler at KRC and ask for
someone from the borough to come to Seward to look at the situation. This call could
be followed up with an e-mail.
Further discussion was held regarding the requirements of normal drainage versus
flood event.
Paul Foreman stated that the backup from normal runoff onto his property due to
blocked drainage had existed before the October flood event and was due to the fill
on Bardarson property.
Discussion was held regarding the need for some elevation and topographic
information before this fill project proceeds.
Tom Gillespie stated that what happens in this situation will set a precedent for what
happens to property owners upstream all along this area.
Steve Schafer noted that on previous permits of this nature an engineer had been
required to shoot elevations. He suggested that this should be part of the board
recommendation to KRC on this permit.
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John Gage commented that flood related drainage issues and normal drainage are
two different things and that flood even results could not be predicted.
Discussion was held regarding need for engineering or at least elevations and
drainage lines.
Steve Schafer moved to write a letter to Jane Gabler at KRC. This letter should
recommend that a schematic showing elevations and drainage lines be supplied by
Mr. Bardarson showing how this project will not adversely impact neighbors
involving normal runoff.
The motion was seconded and unanimously approved.
Further discussion was held as to how this situation would be monitored by the
borough.
J. OLD BUSINESS
• February a Seward Town Meeting for October Flood Update
Christina Stauffer related to the board that FEMA had cancelled the meeting and
postponed rescheduling for the immediate future due to funding difficulties. She
reported that FEMA wished to have the form for "Make Your Mark on the
Floodplain" distributed to the public in the meantime. She asked for direction from
the board in this regard.
John Gage expressed his concern that this data was being gathered by FEMA to be
used to expand floodplain designations in the Seward area to force more people to
buy insurance and reduce FEMA liability for Seward flood events.
Discussion was held regarding the history of this town meeting. It was noted that it
had been postponed far beyond the date promised to the public already and it was
further noted that the public might or might not benefit from submitting information
to FEMA through the "Make Your Mark on the Floodplain" form.
Christina Stauffer distributed a copy of the FEMA form and stated that feedback so
far from the public was that the form was complicated and technical. She went on to
say that gathering the information required on the form would, in almost all cases,
require waiting for snow to melt. She also noted that, since the meeting had been
cancelled, she had received feedback from citizens who did not believe that FEMA
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intended to do anything to assist Seward residents with present or future flood
damage and were not very inclined to help FEMA with their data gathering.
Further discussion was held and board members instructed the Administrative
Assistant to request an electronic copy of the form from Taunnie Boothby at the
Department of Commerce and then post the form on the SBCFSA website. It was
also suggested that the board continue to press for this town meeting to happen but
that perhaps it should now wait until after the snow melts.
• Approval of Budget for FY 2008
Christina Stauffer presented the budget documents she has prepared and updated the
board on the current status of the budget planning process. She informed the board
that not all numbers were available at this time as utilities were to increase and be
factored into the lease but that basically no expense category was planned to increase
other than personnel.
Discussion was held regarding the personnel hours increase that had been requested
and its impact on the budget. There was further discussion on how to approve the
budget without having all the numbers.
Steve Schafer moved to approve the budget as submitted pending the approval of the
increase in personnel hours.
The motion was seconded and unanimously approved.
Christina Stauffer informed that board of the scheduled teleconference with the
borough Mayor regarding the budget.
Board members requested being reminded as the date for the teleconference
approached so that as many as possible could attend.
K. NEW BUSINESS
• Securing the consulting services of Christy Miller by retainer
Bill Williamson addressed this issue by pointing out the advantages to the board of
having access to Christy Miller's expertise and experience.
Discussion was held regarding need to act on this immediately.
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Bill Williamson clarified that all he needed at this time was the board's consent for
him to approach Ms. Miller when she returns to Alaska and to speak with her about A
consulting contract.
Steve Schafer pointed out that Christy Miller had contributed a great deal to the
board and to the Seward community over the past years and that her advice was very
valuable. He noted that she would also be able to assist the board in obtaining grants
to fund flood mitigation in the Seward watersheds.
Loyd Welch stated that he agreed with this statement and was in favor or
approaching Christy Miller about consulting.
After further discussion the board agreed that Bill Williamson should approach
Christy Miller as soon as possible and that once arrangements and costs were
ascertained the board would make this an action item.
• Approval of draft of updated Seward/Bear Creek Service Area Flood Hazard
Plan
Christina Stauffer reported to the board on the status of this project and reminded
board members that she needed their input on the various watersheds as requested at
the previous meeting. She also noted that loss numbers she needed for this plan from
FEMA had not yet been received.
Steve Schafer moved to postpone the approval of the hazard plan draft until the
meeting of March 5, 2007.
The motion was seconded and unanimously approved.
• Grant Writing Seminar
Christina Stauffer requested board permission to apply to attend a grant writing
seminar being offered in Anchorage in June 2007. She informed the board that
money could be saved on the seminar fee by applying early.
Discussion was held regarding the possible costs of this training versus benefit to the
service area.
Steve Schafer moved to approve sending the Administrative Assistant to a grant
writing seminar scheduled for June 2007 in Anchorage.
The motion was seconded and unanimously approved.
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L. INFORMATIONAL ITEMS AND REPORTS (No action required)
• Legal Notice from February ld, 2007 Seward Phoenix Log
Christina Stauffer introduced this item she had noted in the newspaper regarding
DNR intentions to modify their anadromous stream regulations and designations. She
informed the board that the public comment deadline was 26 February 2007.
Discussion was held regarding possible ramifications of changes with regard to
Seward area streams. It was pointed out that the board should obtain the content of
the proposed amendments to the regulations and DNR atlas.
Bill Williamson suggested that Jane Gabler might be contacted in this regard and that
Lee McKinley from Fish and Game worked with her at the KRC and might be able to
shed some light on this issue.
John Gage pointed out that there was a website noted in the article where the
contents of the proposed changes could be_ accessed.
Christina Stauffer said that she would download information from the website and
contact the KRC as suggested and report to the board on her findings.
• Randall Stauffer offer to volunteer to serve as SBCFSA liaison for Seward
Planning and Zoning Commission
Bill Williamson told the board that Randy Stauffer had volunteered to serve as
liaison between the SBCFSA and Seward P&Z. He pointed out that this would
relieve some of the demands on himself and the Administrative Assistant if they did
hot have to attend P & Z meetings. He also noted that Randy had served in this
capacity during his time on the board and was very well qualified.
Discussion was held with regard to this suggestion. Randy Stauffer was present and
was asked how he thought this might work.
Randall Stauffer answered by saying that he would make it clear to the P&Z that he
did not speak for the board and only reported back to the SBCFSA on P&Z issues.
Further discussion was held on how this would benefit the SBCFSA. It was
commented that this position did not actually require that the liaison be a board
member as long as the volunteer did not speak for the board.
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Bill Williamson called for a motion.
Steve Schafer moved to accept the offer of Randall Stauffer, former SBCFSA board
member, to volunteer for the duties of SBCFSA liaison to the City of Seward
Planning and Zoning Commission.
The motion was seconded and unanimously approved.
M. BOARD COMMENTS
• Steve Schafer commented that he is somewhat disheartened that it appears that
FEMA is backing out of their support of Seward area flood victims. He stated that it
looks like the service area will have to do everything ourselves. He also said that
unless something changes, he hopes to use Christy Miller as a force multiplier in
board efforts to obtain federal help in flood mitigation and relief.
• Tom Gillespie remarked that he agreed with Steve's comments. He went on to say
that he would try to speak with Rob Robson, the borough engineer, about getting
some engineering support for a project on Box Canyon levee.
• Loyd Welch stated that the board might want to contact Robert Ruffner to find out
how much the actual LIDAR flight cost. He suggested that if it were not too much
that perhaps they should consider reflying the entire area due to elevation changes
resulting from the October flood.
Brief discussion was held regarding this idea and it was noted that the original
LIDAR cost for the Seward area was $55,000.
Dave Dieckgraeff commented that, now that there is a new governor in Alaska, the
board should find out if they can get any help from the state to get Seward streams in
order.
• John Gage asked for the statue of KPB Ordinance 2007-02.
Christina Stauffer reported that the assembly was scheduled to vote on this
ordinance the following evening, Tuesday 6 February 2007.
• Bill Williamson said he saw a real need for the board to work with Christy Miller.
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