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HomeMy WebLinkAbout03042009 PACAB PacketPost and Commerce Advisory Board Regular Meetin March 4, 2009 Regular Meeting City Council Chambers Beginning at 12:00 pm SEWARD PORT AND COMMERCE ADVISORY BOARD Regular Meeting March 4, 2009 NOON COUNCIL CHAMBERS Ron Long, Chair 1, CALL TO ORDER Board Member Term Expires 2011 2. PLEDGE OF ALLEGIANCE Theresa Butts, Vice Chair Board Member 3. ROLL CALL Term Expires 2009 4. SPECIAL ORDERS, PRESENTATIONS AND Deborah Altermatt REPORTS Board Member Tenn Expires 2010 A. ARRC Representative Louis Bencardino Daniel Oliver Board Member B. Chamber Report Laura Cloward Executive Director Tenn Expires 2010 C. Deputy Harbormaster Report — Jim Lewis Vacant Board Member Tenn Expires 2009 5. Citizens' comments on any subject except those items scheduled for public hearing. [Those who have signed in Darryl Schaefermeyer will be given the first opportunity to speak. Time is limited Board Member to 2 minutes per speaker and 30 minutes total time for this Tenn Expires 2009 agenda item. ] Paul Tougas Board Member 6. Approval of agenda and consent agenda [Approval of Term Expires 2011 Consent Agenda passes all routine items indicated by Phillip Oates asterisk (*). Consent Agenda items are not considered City Manager separately unless a Board Member so requests. In the event of such a request, the item is returned to the Regular Jim Lewis Agenda.] Deputy Harbor Master Anne Bailey Executive Liaison City of Seward, Alaska PA CAB Agenda March 4, 2009 Page 1 1 7. UNFINISHED BUSINESS- None 8. NEW BUSINESS A. Resolution 2009-02, Supporting City Council Approval of the North Harbor Development Recommendations................................................................. Page 3 B. Set a Work Session to Discuss Passenger Fees ............................................ Page 9 * C. February 4, 2009 Regular Meeting Minutes .............................................. Page 10 9. CORRESPONDENCE, INFORMATIONAL ITEMS AND REPORTS (No action required)- None A. KPB Ordinance 2009-09 An ordinance creating a flood Hazard district, outside the flood insurance rate map area, within the Seward -Bear Creek Flood Service Area to include the 1986, 1995, and 2006 KPB GIS mapped flood data Areas.Page 14 10. BOARD COMMENTS 11. CITIZEN COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 12. BOARD AND ADMINSTRATIVE RESPONSE TO CITIZENS'COMMENTS 13. ADJOURNMENT City of Seward, Alaska March 4, 2009 PA CAB Agenda Page 2 K Sponsored by: PACAB CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2009-02 RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, SUPPORTING CITY COUNCIL APPROVAL OF THE NORTH HARBOR DEVELOPMENT RECOMMENDATIONS WHEREAS, Council directed the Seward Port and Commerce Advisory Board generate recommendations to guide city planning and private enterprise in the continued development and management of the North Harbor Area; and WHEREAS, the Port and Commerce Advisory Board held multiple work sessions, regular meetings and a public hearing to solicit public comments and discuss development policy for the area; and WHEREAS, the 1993 Small Boat Harbor Management Plan incorporates and addresses this area of the Harbor, but is outdated; and WHEREAS, City Administration plans to update the Small Boat Harbor Management Plan in 2010; and WHEREAS, the attached recommendations shall be incorporated into the update ofthe Small Boat Harbor Development Plan; and WHEREAS, the attached recommendations shall be used as a reference for the City of Seward Municipal Lands Management Plan update. NOW, THEREFORE, BE IT RESOLVED by the Port and Commerce Advisory Board that: Section 1. For the reasons stated in the recitals, the Board supports Council approval of the attached development and management recommendations for the North Harbor Area. Section 2. The development and management recommendations apply to the area described as: South of Port Avenue, West of Alaska Railroad fence, East of 41h Avenue and North of J-Dock ramp. The attached map depicts the North Harbor Area. Section 3. This resolution shall take effect immediately upon its adoption. 3 Port and Commerce Advisory Board Resolution 2009-02 PASSED AND APPROVED by the Port and Commerce Advisory Board this 41h day of March, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Ron Long, Chair 4 North Harbor Development Plan Outline Goal: Complete the orderly development of the North Harbor as defined by the boundaries. ZONING Goal: The area is zoned Harbor Commercial District to accommodate economic development and harbor related functions. PLATTING/ BOUNDARIES Goal: Plat the area... REVIEW EXISTING PLATS North Harbor Boundaries — South of Port Avenue West of Alaska Railroad fence East of 4th Avenue North of J-Dock ramp LAND USE Goal: The area would be used for economic development and homeland security. • Economic Development o Encourage lease or sale of undeveloped land, look at unused parcels. • United States Coast Guard Building o Support opening up land for possible parking east of the railroad line and negotiate for a land swap. o Consider sheet pile zone for security and or stability. o Leave access to NE fish cleaning station. • Other? o Discuss with Seward fisheries lease term and or development of that area. o Consider previous grant requirements/stipulations from previous awards. PARKING AND TRANSPORTATION FACILITIES 5 Goal: Ensure safe and convenient parking and transportation services that address the needs of Seward residents, businesses and visitors. • Parking Facility o Research designating long term parking further out and short term closer in from float access areas. o Consider paving X-Float road or provide some form of dust control measures. o Parking fees are consistent with the Seward City Code § 11.15.010. See Attachment A for the Parking Fee Schedule. • Boardwalk/Bike Path/Sidewalks o Move pedestrian traffic off Port Avenue and onto sidewalks. • Drainage o Drainage plans need to be created to meet the Storm Water Prevention Plan Permit requirements. o Engineered drawing will be needed. PUBLIC FACILITIES AND SERVICES Goal: Provide quality public facilities and services to the residents, businesses and visitors of Seward. • Utilities o Utility use is directly correlated to development in the North Harbor Area. • Environment and Waste Management o Research cost and pros/cons of vessel wash down facility. • Floats/Docks o Consider piling and wooden decking, construction similar to existing T Dock, the area between I Dock and 50 Ton Travelift and the area between T Dock and NE fish cleaning stations to result in workable space across the entire North Harbor. COMMUNITY APPEARANCE [-I Goal: Improve the appearance of the community through increased landscaping, beautification efforts and creating a user friendly environment. • Aesthetics o Signage/Interpretive Postings o Improve landscaping for Cruise Ship pedestrian traffic. o Photo Opportunities FUNDING STRATEGIES o Pre -engineering in-house to control architectural and engineering costs whenever possible. 7 MEMORANDUM Date: March 4, 2009 To: Port and Commerce Advisory Board Through: Harbormaster Kari Anderson From: Executive Liaison Anne Bailey cabLI Subject: Set a Work Session to Discuss Passenger Fees Harbormaster Kari Anderson has asked for PACAB's help in discussing passenger fees. This could be discussed at the March 18, 2009 Work Session or any other day the Board chooses. The Board is allowed under Seward City Code 2.30.320 (a) to designate their own time and place for Meetings and Work Sessions. 9 City of Seward, Alaska Port and Commerce Advisory Board Minutes February 4, 2009 Volume 3, Page 44 CALL TO ORDER The regular February 4, 2009 meeting of the Seward Port and Commerce Advisory Board was called to order at 12:06 p.m. by Chair Ron Long. PLEDGE OF ALLEGIANCE TO THE FLAG Board Member Oliver led the Pledge of Allegiance to the flag. Roll Call There were present: Board Member Ron Long presiding, and Theresa Butts Darryl Schaefermeyer Paul Tougas Dan Oliver comprising a quorum of the Board; and Jim Lewis, Deputy Harbormaster Janet I. Durnil, Office Assistant Excused: Deborah Altermatt ARRC Representative Louis Bencardino Alaska Railroad Dock Manager — Louis Bencardino reported on the following issues: Louis Bencardino noted that vessels have been staying at the dock for long periods of time, this is good revenue. The 2009 Alaska Railroad Program Projects lists improvements, accomplishments had been developed. Bencardino surmised that approximately 60 ships are scheduled to be in this year. KPB/EDD- City Councihnember Tom Smith — Chair Long mentioned that on January 23RD and 241h meetings were based on cleaning up original projects and concerns. Chamber Report by Laura Cloward Executive Director — Cloward indicated that ComFish Expo has only 7 vendors and the Chamber will not attend this because AVTEC is sending representatives. Cloward noted that Conoco Philips took the 10 City of Seward, Alaska Port and Commerce Advisory Board Minutes February 4, 2009 Volume 3, Page 45 initiative and joined Seward Chamber of Commerce. Expand presence at the Pacific Marine Expo and will need PACAB support in seeing if that is applicable. Cloward described the waster water efforts in response to the cruise ship head tax and stated that the waste water should be standardized. The Check card Registration or employee free choice act takes away the secret ballot and this is not supported by the Chamber and could increase coercion tactics on both sides. Cloward stated there would bean Economic Development visit to Seattle at the end of the month. Interested in subsidizing transportation and security, and the state doesn't spend any money that they are supposed to give out. Cloward described the impact of Seward's location for cruise ships as being positive. Administrative Report - Deputy Harbormaster Jim Lewis reported on the following items- • The Harbor Department began to issue approximately 65 slips for various boat sizes to individuals off the wait list. • The Harbor Department is working with Community Development on Harbor Tariff and Code Revisions and requests Port of Commerce Advisory Board input on the process prior to holding a work session. These comments may be emailed to bhicksgcityo fseward. net • The Polar Bear Jump was a success this year with thanks given to Marilyn Sutherland for organizing the event which rose over $150 thousand for cancer research. • The Harbor Department applied for the Municipal Harbor Facility Grant with a $1.45 million match. If Seward Harbor is the recipient of this grant, the security or Z float will be 93% funded and construction may begin as early as December of 2009. • The Harbor and Seward Marine Industrial Centers Electricity billing is still tentatively planned to be moved to Harbor from the Finance Department this winter. • Northern Economics was contracted to conduct the Seward Marine Industrial Centers feasibility study and will bring a report to a joint work session with PACAB and City Council. • Two Harbor projects were submitted for the Federal Economic Stimulus Package: the Security or Z Float, and the 215' extension to the East Breakwater in conjunction with a Seward Harbor Dredging project. Christy Terry Community Development Director — Christy Terry reported that City Council made some revisions to the 2009 Federal and State Legislative Priorities. Matt Gray Kenai Peninsula Fish Habitat - Gray presented on the initiatives and comprehensive programs being developed. Gray elaborated on their primary goal to have an outreach effort to all aspects and regions so fisheries are more organized. Gray spoke about an organizing committee working to establish the Kenai Peninsula Fish Habitat Partnership (NDHAP) whose mission is: to protect, restore, and enhance the nation's 11 City of Seward, Alaska Port and Commerce Advisory Board Minutes February 4, 2009 Volume 3, Page 46 fish and aquatic communities through partnerships that foster fish habitat conservation and improve the quality of life for the American people. Gray responded indicating they will have full candidate status by winter of 2009-2010. Gray responded saying that the Kenai Peninsula Fish Habitat is formulating an official response to the development of hydroelectric power but doesn't deny that there it is a great way to pursue renewable energy. Citizens' comments on any subject except those items scheduled for public hearing - Willard Dunham addressed the 266 feet on the North Harbor Development, that from his experience it would be well worth the cost to put in piling due to the benefits for Commercial Vessels. Willard Dunham said to consider contracting out only what can't be completed by city employees. Approval of the Agenda Motion (Schaefermeyer/Butts) Approve the Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: * January 7, 2008 Regular Meeting Minutes Motion (Schaefermeyer/Tougas) Approved the 2009 Port of Commerce Advisory Board schedule for Quarterly Reports to City Council. Motion Passed Unanimous Consent Unfinished Business - None New Business - By general consensus, the Board set the March, 2009 Meeting to present a Resolution for the North Harbor Development Plan at 12:00 in Counsel Chambers. Correspondence, Information Items and Reports (no action required) — None Citizen Comments [S minutes per individual -Each individual has one opportunity to speak.]- None Board and Administrative Response to Citizens' Comments — None Adjournment Chair Ron Long adjourned the meeting at 1:07 p.m. 12 City of Seward, Alaska Port and Commerce Advisory Board Minutes February 4, 2009 Volume 3, Page 47 Janet I. Durnil Office Assistant (City Seal) Ron Long Chair 13 Introduced by: Long Date: 02/03/09 Hearing: 02/17/09 and 03/24/09 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2009-09 (LONG) SUBSTITUTE AN ORDINANCE CREATING A FLOOD HAZARD DISTRICT, OUTSIDE THE FLOOD INSURANCE RATE MAP AREA, WITHIN THE SEWARD-BEAR CREEK FLOOD SERVICE AREA TO INCLUDE THE 1986, 1995, AND 2006 KPB GIS MAPPED FLOOD DATA AREAS WHEREAS, flooding has occurred in the Seward -Bear Creek Flood Service Area (SBCFSA) repeatedly; and WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and WHEREAS, the Flood Insurance Rate Maps (FIRMs) are outdated and inaccurate; and WHEREAS, the Federal Emergency Management Agency (FEMA) is in the process of preparing new FIRMS; and WHEREAS, there have been millions of dollars in damage to private properties and public infrastructure caused by flooding events in the area; and WHEREAS, flooding places the public health and safety at risk; and WHEREAS, gravel deposits are steadily and rapidly increasing in SBCFSA streams, and the risk of flooding and related loss increases; and WHEREAS, subdivision and development in SBCFSA has increased dramatically since 1996, increasing flood loss potential; and WHEREAS, FEMA Disaster Assistance only provides a minimal amount of funding to repair damages to a home not covered by flood insurance to return it to a safe, sanitary, and functioning condition, but not to rebuild the home to current codes; and WHEREAS, merely returning the structures to their preexisting condition results in potential for repeated flood damage and destruction to the same properties; and WHEREAS, according to the 2005 KPB comprehensive plan, enforcement of floodplain requirements is primarily through voluntary compliance and assistance from mortgage companies since the borough does not require building permits or inspections; and Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance 2009-09 (Substitute) Page l of 5 14 WHEREAS, the City of Seward has permitting regulations in place to assist with flood issues in the area of the SBCFSA within city limits; and WHEREAS, KPB Chapter 21.06 contains the minimal regulations required by FEMA for floodplain management, and these regulations alone have not proved an effective tool for mitigating flood damage in the SBCFSA; and WHEREAS, goal 6.7, objective 1, implementation action G of the comprehensive plan is to identify wetlands, floodplains, and erosion areas and minimize adverse impacts of flooding or erosion on neighboring properties; and WHEREAS, goal 6.7, objective 2, of the comprehensive plan is to increase local participation in decisions regarding development in floodplains and wetlands; and WHEREAS, goal 6.7, objective 3, implementation action A of the comprehensive plan is to improve the borough's floodplain ordinance; and WHEREAS, a one year sunset clause is appropriate as FEMA is the process of developing new FIRM maps; and WHEREAS, at its 2009, meeting, the SBCFSA board recommended and WHEREAS, at its , 2009, meeting, the Kenai Peninsula Borough Planning Commission recommended ; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 21.06.020 is hereby amended by adding the following definitions: 0. "SMFDA" means the Seward Mapped Flood Data Area which includes the 1986, 1995, and 2006 KPB GIS mapped flood data area within the Seward - Bear Creek Flood Service Area outside the FIRM and city limits of Seward R. "Primary structure" means a dwelling, a building suitable for commercial use, or any structure which will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable only in the SMFDA. S. "Substantial Evidence" means evidence a reasonable mind might accept to support a conclusion. T. Minimum Flood Corridor means the existing channel bottom width plus 60 feet plus 6 times the channel depth and the corridor will be centered on the channel, or aligned such that the corridor follows the natural flow of flood waters. Ordinance 2009-09 (substitution) New Text Underlined: [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 5 15 SECTION 2. That KPB 21.06.030(B) is hereby amended as follows: B. Basis for establishing flood hazard areas. Flood hazard areas are identified as follows: 1. By the flood insurance rate maps with an effective date of May 19, 1981, revised on July 5, 1983 and December 6, 1999. The map panels numbered 020012-1350 and 1700 have been deleted and the areas depicted by these panels are not subject to the terms of this chapter. Excluding these panels, the flood insurance rate maps are adopted by reference and declared to be a part of this chapter. The flood insurance rate maps are on file at the planning department. 2. The 1986, 1995, and 2006 KPB GIS mapped flood data area within the Seward -Bear Creek Flood Service Area (SMFDA) outside the city limits of Seward. A map showing this floodplain and flood data and a list of properties represented by this map shall be retained by the planning department and made available to the public. If any portion of a lot is included in the flood data mapped area, the entire lot shall be subject to the provisions of this chapter. Special provisions for development permits in the KPB mapped flood data area are set forth in KPB 21.06.045. Data available from other Federal, State of other sources shall be reviewed and reasonably utilized including but not limited to the following: a. "Flood of October 1986 at Seward Alaska," USGS Water - Resources Investigation Report 87-4278. Jones, S.H., and Zenone Chester. 0 988). b. "Hydrologic Reconnaissance near Fourth of July Creek Seward, Alaska." USGS Water Resources Investigations 81-21 Nelson, G.L. (1981). SECTION 3. That KPB 21.06.045 is hereby enacted as follows: 21.06.045. KPB GIS mapped flood data area. A. Base flood elevation in the SMFDA district. Based upon a digital elevation model provided by the borough base flood elevation in the SMFDA district is established by a licensed professional registered land surveyor or professional civil engineer at the highest point within the lot measured downslope from the specific construction site. B. Exemption from application of SMFDA district. A property owner may request an exemption for application of SMFDA to his proposed development upon a showing by substantial evidence that his property was not inundated by flood waters in the 1986, 1995 or 2006 floods,• adverse bank erosion has not occurred during the property owner's ownership Kenai Peninsula Borough, Alaska New Text Underlined,- [DELETED TEXT BRACKETED] Ordinance 2009-09 (Substitute) Page 3 of 5 16 erosion can not be determined by analysis of KPB aerial photos beginning in 1986, the property is not a Corns of Engineers regulated wetland• and/or adjacent nroneM owners concur there has been no adverse impact to their properties by flooding from the 12rol2eM of ownership making the request for SMFDA exemption. Staff shall verify whether the application for exemption meets the criteria and shall issue a written determination regarding the same This determination may be appealed to the planning commission within 15 days of issuance. C. Conditions. Only primary structures, substantial improvements to primary structures. and development in the minimum flood corridor in the SMFDA district require a development permit The permits in the SMFDA district are subject to the following conditions: 1. Primary structures in the SMFDA district shall be a minimum of two feet above base flood elevation. Below -grade supports shall be at a two -to -one ratio as compared to the support above grade; 2. Foundations shall have an erosion resistant desi n• and 3. Where applicable, the standards for the permit is subject to the standards set forth in KPB 21.06.050, and 4. The permitted activity shall not increase the risk of flood damage to downstream or adjacent properties. D. Currently active channels within the SMFDA district All development in the SMFDA district in the minimum flood corridor within the Resurrection River watershed. Spruce and Sawmill Creeks shall be subject to the permitting requirements of KPB 21.06.050(C). E. If review of the hermit application by staff indicates that the conditions set forth in KPB 21.06.045(C) cannot be met staff shall deny the application The applicant may apply for a permit from the planning commission by submitting a project -specific design under the waiver provisions of KPB 21.06.0450. F. Waivers. The variance procedure in KPB 21 06 060 only applies to permitting in the FIRM area A project -specific designprepared by a licensed professional civil engineer may be submitted for consideration to the Planning commission in lieu of meeting the conditions set forth in KPB 21.06.045(C). Based upon written findings of fact the planning commission may grant or deny the permit and place conditions on the permit it grants in order that the risk of flood damage to downstream or adiacent property or flood damage to public infrastructure will not be increased The grant or denial of a permit may be appealed to the Board of Adjustment within 15 days of distribution of the planning commission's written decision Ordinance 2009-09 (Substitution) New Text Underlined: [DELETED TEXT BRACKETED] Kenai Pervnsula Borough, Alaska Page 4 of 5 17 SECTION 4. That this ordinance shall automatically expire on March 24, 2010 unless the assembly by ordinance alters or extends that date. SECTION 5. That this ordinance is effective on the date of its enactment. The ordinance is not applicable to parcels where the "actual start of construction" has commenced as defined by KPB 21.06.020(M) prior to the date of enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2009. Milli Martin, Assembly President ATTEST: Johni Blankenship, Borough Clerk Yes: No: Absent: Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance 2009-09 (Substitute) Page 5 of 5 18 n C March 200 March 2009 April 2009 S M T W T F S S M T W T F S 1 2 3; 4 5 6 7 8 9 10',11 12 13 14 15 16 17 18 19 20 21 22 23 24'25 26`27 28 29 30 31' 12 3 4 5 '6 7 8'9 10 11 12 13 14 15`16 17 18 19'20 212223 24 25 26' 27 28 29 30 Monday Tuesday" Wednesda Thursday, Friday March 2 3 _5 — — 7:00pm CC Sp Mtg 7:30pm P&Z Meeting 12:OOpm PACAB Meeting j 91 7:00pm City Council 11:30am' Meeting 16 17 18 2 6:30pm' 12:00pm iff9:00am;Social Security Rep 6:30pm Historic Preservation Meeting �� �yta A i° �' 'c:���,�-. i. as„��.. �,'ro3�"_ i >.'�.a sP.,�,r'G�».�a...a�.l .._,,,4.�r,va�S 11p Meeting 301 '3tC t Nand Richey 1 2/27/2009 9:33 AM Meeting a Meeting City Council Meeting City Council Meeting Preservation Meeting Social Security Rep Social Security Rep Nand Richey 2 2/27/2009 9:33 AM