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HomeMy WebLinkAbout05292012 City Council PacketSeward City Council Agenda Packet May 29, 2012 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska b2iftmi CITY COUNCIL MEETING AGENDA All -America My "- I I I 1r }Please silence all cellular phones and pagers during the meeting} ` May 29, 2012 7:00 p.m. Council Chambers David Seaward Mayor Term Expires 2013 Jean Bardarson Vice Mayor Term Expires 2012 Robert Valdatta Council Member Term Expires 2013 Christy Terry Council Member Term Expires 2013 Vanta Shafer Council Member Term Expires 2013 Marianna Keil Council Member Term Expires 2012 Ristine Casagranda Council Member Term Expires 2012 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Introduction of Student and Adult Exchange Participants selected to represent Seward in Obihiro, Japan.............................Pg. 4 2. Historic Preservation Month Proclamation ........................Pa. 5 3. Annual Historic Preservation Award Presented to Doug Capra................................................................... Pg. 6 B. Chamber of Commerce Report C. City Manager's Report D. City Attorney's Report E. Mayor's Report F. Other Reports and Presentations 1. Library/Museum Update ........................................ Pg. 7 City of Seward, Alaska Council Agenda May 29, 2012 Page I 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 1. Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public..................................Pg. 9 2. Ordinance 2012-002, Amending Portions Of Seward City Code 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public ............................ Pg. 36 3. Ordinance 2012-003, Rezoning Lots 15 And 16, Block 8, Original Townsite Of Seward From Auto Commercial (AC) To Central Business District (CBD); And Lots 26, 27 And 28, Block 8, Original Townsite, From Multi Family (R3) To Central Business District (CBD).Pg. 53 4. Non -Code Ordinance 2012-004, Authorizing The Completion Of The Tax Foreclosure Process And Obtaining A Deed To Retain For Public Floodplain Conservation Protection The Property Described As The West 200 Feet Of South 440 Feet Of Government Lot 5, With Tax Parcel ID Number 14509201, Located In The Crawford Subdivision, Lying East Of The Seward Airport And Having Portions Within The Resurrection River, And Appropriating Funds ... Pg. 65 5. Non -Code Ordinance 2012-005, Authorizing The Completion Of The Tax Foreclosure Process And The Sale Of The Property Described As Lots 29, 30, 31 And 32, Block 27, Original Townsite Of Seward; With Tax Parcel ID Numbers Of 14805003 And 14805004, Located At 516 Through 522 First Avenue, And Appropriating Funds........................................Pg. 71 8. NEW BUSINESS 1. Resolutions * 1. Resolution 2012-032, Adopting The Planning And Zoning Commission Priorities From April 2012 To April 2013.....................................................................Pg. 80 2. Resolution 2012-033, Authorizing The City Manager To Enter Into A Contract With Kendall Ford For The Purchase Of One Ford Explorer Police Patrol Vehicle, For An Amount Not To Exceed$25,646.00........................................................................... Pg. 86 3. Resolution 2012-034, Authorizing The City Manager To Issue A Purchase Order To Alaska Environmental & Safety Supply, Inc. For The Purchase And Installation Of Police Emergency Equipment On One 2012 Ford Explorer, The Cost Not To Exceed $7,740.00..Pg. 97 4. Resolution 2012-035, Approving The Expenditure Of City Funds With The U.S. Army Corps Of Engineers For Dredging In The Small Boat Harbor, And Appropriating Funds....................................................................................................Pg. 104 5. Resolution 2012-036, Appropriating Funds For A Legal Judgment With RBCA In The Amount Of$92,399.13..........................................................................Pg. 115 City of Seward, Alaska Council Agenda May 29, 2012 Page 2 *6. Resolution 2012-037, Supporting The Seward/Kenai Peninsula Highway Transportation Corridor Safety Initiative...........................................................Pg. 119 6. Other New Business Items * 1. Non -Objection to the Transfer of Ownership (Stock) for Seward Alehouse, Beverage Dispensary License#324............................................................................Pg. 122 9. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. Providence Seward Financial Report for April 2012 .............................. Pg.129 10. COUNCIL COMMENTS 11. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. EXECUTIVE SESSION A. Go into Executive Session to discuss the RBCA litigation and give direction to the City Attorney. 14. ADJOURNMENT City of Seward, Alaska Council Agenda May 29, 2012 Page 3 Seward, Alaska - Obihiro, Japan 2012 Exchange Program Participants STUDENT EXCHANGE Richard Mack • Favorite subjects are History & Science • Hobbies are Manga (Japanese comics), Lambda (Kodu video game), Half -Life (science fiction video game), Solid Snake (Japanese video game) • While in Obihiro, wants to experience/visit the Smiling Cat Shrine, Bon Festival & the Japanese Lifestyle Chelsey Olesiuk • Favorite subject is Art • Hobbies include singing, painting, reading, volleyball & cheerleading • While in Obihiro, wants to see all of the different types of art, the intricate buildings, how they live, what it is like to be a teenager in Japan, and try different foods ADULT EXCHANGE Amy Carney • Has worked at the Seward Community Library for 5 years; currently splits her time between Library duties and Museum collections • Works with Lee Poleske to produce video clips highlighting many aspects of the history of our town • Is interested in technology and information trends, as well as web development & information architecture • Is interested in travel, other cultures and language Tember Eliason • Has been a Seward Community Library employee since 2004 in a wide variety of duties • Has family roots in the community; family has a custom fish smoking & processing business • Has a keen interest in Japan and has studied the culture and language • Hopes to promote Seward and convey the historical knowledge she has gained about Seward through her various duties with the Library/Museum Li PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Discover America's Hidden Gems" is the theme for National Preservation Month 2012, cosponsored by the Seward Historic Preservation Commission and the National Trust for Historic Preservation; and WHEREAS, over the course of the past year the Seward Historic Preservation Commission has initiated and contributed to local historic preservation activities and projects such as the Historic Property Survey, Historic Iditarod Trail Monument, restoration of Hoben Park planters, conducting a Survey of Seward's Cemeteries and fireside chats that tap into the oral histories of Seward. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, do proclaim May 2012 as National Preservation Month and call upon the people of Seward, Alaska to join their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 29th day of May 2012. 5 THE CITY OF SEWARD, ALASKA David Seaward, Mayor n n_ _ 1 PROCLAMATION WHEREAS, the Seward City Council established the annual Seward Historic Preservation Award in order to recognize the contributions made by dedicated individuals and/or organizations to preserve the tangible aspects of Seward's heritage; and ,n WHEREAS, the Seward Historic Preservation Commission has chosen Doug Capra as the 2012 Seward Historic Preservation Award recipient; and WHEREAS, Mr. Capra has served since 1981 in various capacities such as: Commissioner on the Seward Historic Preservation Commission, Commissioner on the Planning and Zoning Commission, Railroad Depot, Hoben Park Committee, and the Historic Railroad Depot Citizens Jury; and =' WHEREAS, he has dedicated years of work through Kenai Fjords National Park n ,N. Service, and WHEREAS, he has produced many historical articles, publications, plays, and presentations to benefit the community; and WHEREAS, Mr. Capra has instilled a passionate and lasting interest and understanding of Seward History in the many lives of children and throughout the community producing a ,n. tremendous lasting effect on all in which significant recognition is deserved. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby award the 2012 Seward Historic Preservation Award to Doug Capra and urge all citizens to show their gratitude for his contributions to preserving this community's history. Dated this 29" day of May, 2012. THE CITY OF SEWARD, ALASKA n .n 1 David Seaward, Mayor ^ n. ^� �C.J SEWARD COMMUNITY LIBRARY MUSEUM PROJECT b��ry Muses MARCH - APRI L 2012 PROJECT STATUS REPORT PROJECT ACHIEVEMENTS FOR SPRING 2012: Site and fowidation work completed other long -lead materials in progress Spring 2012 Construction Startup Building foundation walls. Basement was protected over the winter. SE view at the placement of the basement floor slab on grade. Snowmelt allows construction to begin again. Looking SE at the form work for the North and West foundation wall. PROJECT UPDATE We continue to enjoy mild temperatures that are helping to melt our record -breaking supply of snow. The project, team spent the winter procuring materials and now has much of what we will need to construct the building shell. The strategy to construct much of the foundation and protect it for the winter has paid off, allowing for an early spring start up. PCL has completed the building foundation and is preparing to place basement slabs. Local contractor, Larry Harmon, is performing this subcontract work and has done a very good job. The public can expect intermittent road closures this spring as underground sewer and water lines are brought across Adams Street. Additionally, we will see some partial road closures as a tower crane is moved onto the site to aid in steel erection. The building superstructure should be complete by mid -June. The project is on schedule and on budget. LOOK AHEAD Meanwhile, the library staff and museum committee continue to work on plans for MILESTONES: museum exhibits and to procure furnishings for the library. We continue to look at high quality, low cost solutions to finishing out the interior spaces within the new facility. • Complete SteelSuperstruchrre • Place Concrete floor slabs Remember to contact Mary Tougas to purchase your tribute tile to be placed into the entry of the new building. Deadline for is June 1, 2012. • Furnishings Ordered Go to www something_forus.ore for details. PROJECT INFORMATION CONTACT: PATTY LINVILLE, LIBRARY LDIRECTOR I'LINVILI.E(�?)CITYOE�SEWARD.NFI- OR 907.224.4082 SCHEDULE 2009 2010 2011 2012 2013 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 QI Q2 Q3 I Q4 Schematic Design :e 8/9/10 NTP for Design Development Design Development 4 12/30/10 Design Development Submittal 2/l/11 NTP for Construction Documents Construction Documents Select CM/GC Contractor Pre -Construction Services Negotiate GMP 7/26/11 NTP M4terials Procurement Fall Construction l Construction Winter Shutdown FF&E Procurement Exhibit Design/Construction Exhibit Installation Rl JnGF.T AS OF MAY 4. 2012 ORIGINAL BUDGET ADJUSTED SPENT (as of 5/4/2012) FORECAST AT COMPLETION Construction $7,399,000 $7,501,158 $2,012,630 $7,501,158 Design & Construction Administration $1,066,720 $1,066,720 $934,437 $1,066,720 Professional Services $394,000 $394,000 $247,116 $394,000 Other $310,000 $310,000 $55,992 $310,000 Exhibits $100,000 $100,000 $10,000 $100,000 Project Contingency $738,378 $636,220 $102,158 $636,220 Total Project Cost $10,008,098 $10,008,098 $3,362,333 $10,008,098 KEY PCL SUB -CONTACTORS: • KC Alaska, Inc. 0 BEK of Alaska, Inc. • Harmon Construction, Inc. 0 South Central Mechanical, LLC, • JR Heritage Construction, Inc. 0 Redi Electric, Inc. • Carve Construction, I.L.C. 0 Industrial Roofing, inc. Topping off the north foundation wall. VISIT OUR PRO/L'CT WL-BSITF: WWW.SOM FTI-I I N(_FORUS.ORG Sponsored by: Planning and Zoning Commission Introduction Date: May 14, 2012 Public Hearing Date: May 29, 2012 Enactment Date: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 [REVISED] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, on August 22, 2011 the Council delayed the introduction of Ordinance 2011-004 until October 24, 2011; on October 24, 2011 the Council referred Ordinance 2011-004 back to the Planning and Zoning Commission for further review and public feedback; and WIIEREAS, on January 17, 2012 the City Council and the Planning and Zoning Commission held a joint public work session to review and include several changes to the proposed Title 15.10.140 Definitions update; all comments and review requests have been included within this revised City Council Ordinance 2011-004; and WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011, 7/19/2011 and 1/17/12 specifically addressed 15.10.140 Definitions; and WIIEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WIIEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Title 15.10.140 is hereby amended as follows: (Stfi kethf,,,,,.= deletions and are bold, Underline = additions and are bold Italic) 15.10.140 -- Definitions A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 9 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 2 of 19 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (parenthetical references are for cross reference only) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: a Is clearly incidental to and customarily found in connection with a principal building or use; b Is subordinate to and serves a principal building or use; c Is subordinate in area, extent or purpose to the principal building or use served; d Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Accessory or mother-in-law apartment: See dwelling, efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. S. Alteration. Any change, addition or modification in the construction, location or use of a building. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 3 of 19 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player -operated amusement devices. 7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. (Apartment. See Dwelling) 8. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is Primarily an eating place which includes the brewing of beer as an accessory use. 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory building, exclusive of external steps. 13. Building, existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. 14. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right- of-way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: a The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 4 of 19 b An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. IS. Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) 16. Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17 Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 19. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre-school and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre-school and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out -patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. `� CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 5 of 19 24. Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25. Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27. Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. a Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling"). b Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or �1 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 6 of 19 manager family of that building or a commercial business located in the building. c Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. d Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. g Efficiency apartment (also called accessory, mother-in-law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. f Guest house. An accessory building occupied on a temporary basis solely by non-paying guests. g Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. h Modular home: A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. i Multiple family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. 1 Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. k Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. ty CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 7 of 19 l Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. m Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment"). n Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37. Greenhouse, commercial. A light -permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 8of19 (Group care home. See Housing) (Guest house. See Dwelling) 38. Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) 39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) 43. Housinz Structures providing housing for groups of people, such as students, employees or nursing home residents. a Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. b Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage `0 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 9 of 19 or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long-term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex -convicts or other housing facilities serving as an alternative to incarceration. e Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. 48. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include 1-1 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 10 of 19 boardinghouses and separate apartments which are leased on a month -to - month or longer basis. b Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. c Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. _d Hotel. A facility with six or more guest rooms and on premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: 1-: A. A single lot of record; B. A portion of a lot of record; 3. C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or 4. D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. R CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 11 of 19 a Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. b Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. c Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. d Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. e Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. d'Lot, interior. A lot other than a corner lot g Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. h Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. i Lot line, side. Lot boundary not a front lot line or a rear lot line. 1 Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. k Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 12 of 19 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple family. See Dwelling) 56. Non -conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57. Non -conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. a CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 13 of 19 60. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area. A structure or an open area, other than a street, alley or other right-of-way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 64. Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68. Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69. Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. 71. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf ai CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 14 of 19 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75. Recycling collection point. An incidental use serving as a neighborhood drop- off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76. Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 77. Residence. A home, abode or place where an individual is actually living at a specific point in time. 78. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79. Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to -consume state and whose principal method of operation includes one or both of the following characteristics: a Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. �A CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 15 of 19 80. Restaurant, fast-food An establishment whose principal business is the sale of quickly prepared ready to eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry -out restaurants. 81. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 82. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or non-profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and 12th grade. 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86. Setback. The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87. Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 89. Storage. A structure or designated area that provides space for storing. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 16 of 19 a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are Pfi lied—o placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is pineed on non --ot suseeptible-hleeliing or- zeur a 't �. uiaacis roofed, skAr-ted or- sided to mateh the pr-ima", building on the fly; and the unit is located outside any setbacks. Containers are not allowed within the front 50% of the parcel except in the Industrial Zoning District. Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no grams tithe,-`R-use,. (See accessory use/building, building, and structure.) b Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c Self-service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. _d Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is r-emoved when the designated time . 94. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 17 of 19 95. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non-profit within the city by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 97. Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98. Vending. The sale of food, services or merchandise. a Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. b Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right-of-way. 99. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water -dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101. Water -related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 18 of 19 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. b Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. e Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following enactment. 0 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 19 of 19 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk THE CITY OF SEWARD, ALASKA David Seaward, Mayor (City Seal) .X� Council Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: Jim Hunt, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SCC)15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of the City Zoning Code, Chapter 15.10, in Title 15.. The Commission held eight (8) public work sessions, including one (1) with the City Council specifically reviewing and amending Seward City Code (SCC)15.10.140 Definitions. The Planning and Zoning Commission reviewed and discussed the definition section of the City Code in depth and found the section to be confusing in the organizational layout. While the Commission has recommended a complete re -organization, very few additions, deletions or changes were recommended. SCC15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the reorganization of the definition section, several categories have been established and the definitions pertaining to those specific categories have been moved into the category. All definitions have been numbered for easier reference. Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff explanation follows) (Str-i et ,.etig= deletions and are bold, Underline = additions and are bold Italic) 10 Brewpub An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. The public has expressed interest in developing a "brewpub" within the City. While allowed as an accessory use within a restaurant, the current city code does not address brewpubs by definition. The Commission has recommended the addition of the above definition to define brewpubs within the SCC. 43 Housing Structures providing housing for groups of people, such as students, employees or nursing home residents. With the reorganization of the definition portion of the code, it was determined the SCC did not contain a specific "housing" definition to categorize the examples under; therefore the "housing" category has been proposed. (a) Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. Seward City Council Agenda Statement for Ordinance 2ei2= Z7_o I l 0 0 � Page 2 of 3 The public has proposed that new designs in housing and accommodations generally provide for sanitary facilities in each shared room not a common facility shared by several rooms. 44. ,Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Because Seward is a port city and much of the community owns some type of watercraft, it has been determined that watercraft should be included within the "Junk" definition. 89. Storage. A structure or designated area that provides space for storing. With the reorganization of the definition portion of the Code, it was determined the SCC did not have a specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been proposed. a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are died o placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is phteed on non ro suse . .. e-1-loeking or- foundation; the unit is roofed, skirted or- s ded to mateh th :nun, building on the property; and the unit is located outside any setbacks. Containers are not allowed within the front 50% of the parcel except in the Industrial Zoning District. _Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no grand&thertdAtses. (See accessory use/building, building, and structure.) 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is removedwhen the designated time period, ftetivity or use Through continued discussions and assistance from the Building Department the above changes to the Container Storage and Temporary Structure definitions have been proposed. The proposed change to the definitions removes current conflict between the City Zoning Code and the City Building Code. 98. Vending. The sale of food, services or merchandise. With the reorganization of the definition it was determined the SCC did not have a specific "Vending" definition to categorize the examples under; therefore the "Vending" category has been proposed. (It should be noted that the definitions only apply to SCC Chapter 15.10 and not to any other portions of the Seward City Code. For example, the land use districts set forth in SCC 15.05.025 are not governed by these definitions, and any reference to "single-family housing," such as in SCC 15.05.025(b)(5) relating to the UR land use district, should not be interpreted to mean a single-family structure providing housing EM Seward City Council Agenda Statement for Ordinance 2tTZ'- Page 3 of 3 for groups of people.) CONSISTENCY CHECKLIST: 1. Comprehensive Plan (2020) Yes No NA M/ 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) X Goals and Objectives: * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision (page 5) * Update the Zoning Code in order to implement the Comprehensive Plan (page 11) * Ensure uniform and consistent enforcement of the Zoning Code (page 11) INTENT: The proposed Code change updates and incorporates public requests by re -organizing and amending several sections of the current SCC15.10.140 Definitions Code. As required by Seward City Code§15.01.035(c)(2)&(3) the Planning and Zoning Commission held a public hearing on August 2, 2011also a second public hearing on April 3, 2012 and now forwards the attached Ordinance to the City Council for adoption. FISCAL NOTE: None. Approved by Finance Department: Yuan 7) ATTORNEY REVIEW: YES X No RECOMMENDATION: 20 \t -oo'� Staff recommends the Council introduces and enact Ordinance 241-2- , re -organizing and amending several sections of the Seward City Code 15.10.140 Definitions. City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 7 0 Commissioners further discussed the suggested name and the history of naming Seward roads or streets after individuals who made contributions to the community. Motion Passed Unanimous Resolution 2012-04 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code 15.10.140 Definitions Glenz explained the history of the proposed Seward City Code changes. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (EcklundButts) Motion Passed Approve Resolution 2012-04 Unanimous Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Glenz explained the history of the proposed Title 15 code changes and results of the joint work session held with City Council on January 17, 2012. In response to Ecklund, Glenz stated the internal process requires three weeks for public hearing items before the proposed code changes were before City Council for introduction. --)k The Commission requested that the internal processes be reviewed, in the event that items might need to come before City Council in a shorter period. Long said he would review the required deadlines for agenda items. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Ecklund) Approve Resolution 2012-05 Commissioners further discussed the effort to update Title 15 and the need for more public input during the process. a 1 L City of Seward, Alaska City Council Minutes August 22, 201 l Volume 38, Page 651 Motion Passed Unanimous NEW BUSINESS Ordinances for Introduction Ordinance 2011-0041 Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. Motion (Bardarson/Shafer) Introduce Ordinance 2011-004 Mayor Dunham questioned why these actions were being taken at this time. Assistant City Manager/Community Development Director Michelle Weston replied that it was part of an ongoing effort to update the language of the Land Use Code. Vice Mayor Bardarson asked if the language relating to the new Brewpub definition could be expanded to include `brewing is primarily for on -premise consumption, with limited off -premise sales...' Mayor Dunham was concerned with tightening definitions when there hasn't been a lot of discussion. Weston suggested they have a work session for the Council and the Planning & Zoning Commission. Motion to Postpone (Kell/Shafer) Motion Passed Discussion on City Manager hire. Introduction of Ordinance 2011-004 Postponed to the October 24, 2011 Meeting Unanimous Consent City Clerk Johanna Kinney sought further direction relating to scheduling a date for in - person interviews for the three candidates. The evening of September 8, 2011 worked for all of council. There would be a public reception from 5:00-7:00 p.m., with the interviews to follow at 7:00 p.m. Dunham asked if the Bear Room at the SeaLife Center would be available for the reception. Kinney asked council to consider how they wanted to perform reference checks on the candidates. Shafer wanted council to perform the reference checks instead of hiring a consultant, but was comfortable using a consultant from AMLJIA. Kinney would present final interview questions at the Special Meeting on August 29, 2011 for council's approval. Council scheduled a work session to discuss extending Seward Ship's DryDock enclosed work area in order to accommodate the US Coast Guard vessels for October 10, 2011 at 5:00 p.m. COUNCIL COMMENTS Shafer was pleased to hear about the reconsideration of the size of parking spaces by the S'?> City oj'Seward, Alaska City Council Minutes October 24, 20/ 1 Volume 38, Page 695 Motion To Amend (Casagranda) Motion To Amend Died For Lack Of A Second Main Motion Passed Amend Resolution 2011-081, Changing The Increase From 10% to 6%. Yes: Valdatta, Terry, Bardarson, Shafer, Keil No: Casagranda, Seaward Resolution 2011-082, Amending The Port & Harbor Tariff Regulations For 2012 And 2013. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Shafer) Approve Resolution 2011-082 Ron Long spoke on behalf of the Port And Advisory Committee (PACAB). Valdatta asked how many non-taxable boats were in the harbor. Long responded that he did not know that actual number, but said he felt it was a small number relative to shore -based property. Motion Passed Unanimous Meeting was recessed at 9:27 p.m. Meeting was resumed at 9:30 p.m. UNFINISHED BUSINESS Ordinance for Introduction Postponed from a Previous Agenda Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. Motion Back On The Floor (Bardarson/Shafer) Introduce Ordinance 2011-004 City Clerk Johanna Kinney explained that the Planning & Zoning Commission had requested this Ordinance be returned to them in order to incorporate the additional public feedback they had received. Motion To Refer (Keil/Bardarson) Refer Ordinance 2011-004 To The Planning & Zoning Commission J j l City of Seward, Alaska City Council Minuics October 24, 2011 Volume 38 Page 696 A Work Session will be planned for Council to review the Ordinance with the Planning & Zoning Commission. Motion To Refer Passed Unanimous NEW BUSINESS Nominate, elect, and swear in a member as Vice Mayor. The Mayor opened the floor for nominations. Motion (Shafer/Keil) Nominate Bardarson As Vice Mayor. By Unanimous Consent, the nominations were closed. Bardarson stated she would accept the role of Vice Mayor. Motion Passed Unanimous Jean Bardarson was sworn in as Vice Mayor by the City Clerk. Appoint Boards and Commissions Liaisons. Motion (Shafer/Kell) Motion Passed Motion (Casagranda/Shafer) Have Boards And Commissions Provide Periodic Reports To Council. Unanimous Nominate Casagranda To Sit On The Kenai Peninsula Borough Economic Development District (KPBEDD) Representative for the City of Seward. Casagranda stated she would accept the role to represent the City of Seward on the KPBEDD. Motion Passed Unanimous Council discussion on allowing a City of Seward Seward Bear Creek Flood Service Area Board ("SBCFSAB") Seat to become an area -wide seat. Motion (Keil/Bardarson) Direct staff to bring forward a resolution Supporting Kenai Peninsula Borough approval for a City of Seward Seat on the Seward Bear Creek Flood Service Area Board To Become An `At Large' Seat Within The Service Area. 3�\ Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2012- _, amending various portions of Title 15.10.140 Definitions; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of April 2012. THE CITY OF SEW RD Sandie Roach', C r AYES: Butts, Morgan, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: G� o anna Kinney, CMC �`�.c��;=e•s ty Clerk ity Seal) ••Fi �' •a°���e��s�%',�, j°ra, A",•ti Sly r Win, '�� � • A �+ �arr..r/u� � O1�rPVN ��' Sponsored by: Planning and Zoning Commission Introduction Date: May 14, 2012 Public Hearing Date: May 29, 2012 Enactment Date: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, the 6/21/2011 public work session specifically addressed the Development Requirements and Development Requirements Table; and WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the 1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the Land Uses Allowed Table; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a City Code that reflects community needs; and WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning Commission held a public work session to review all proposed Title 15 amendments; and WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Table 15.10.220 — Development Requirements Table is hereby amended as follows: (Stfikethfoug = deletions and are bold; Underline = additions and are bold Italic) CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 2 of 10 Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM FST P Maximum Lot 30 35 35 40 40 3-5 50 100* 100 100* 30 50 10 Coverage (%) "(See 50 Note 6, next page) — Title 15.10.225. - Land uses allowed is hereby amended as follows: (Str-ilethreug#S = deletions and are bold; Underline = additions and are bold Italic) (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform adopted Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. [the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the to perury stfuetwe vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] 2 � CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 3 of 10 (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits) (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with Table 15.10.225. (6) Chicken or rabbit coons and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 4 of 10 Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows: (Strikethfoug = deletions and are bold; Underline = additions and are bold Italic) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I I RM INS P Accessory Building 0 0 0 0 0 0 0 10 0 10 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. O 0 0 O 0 Agriculture 0 Airport and related services 0 C Amusement or recreation facility 0 0 O Animal shelter 0 C Antenna, personal TV, satellite dish 0 O 0 0 0 0 0 0 0 0 0 0 Art gallery O 0 0 Q 0 Assemblages, temporary large, i.e., circus, fair P P P P P P P Attraction, permanent major visitor C C C C C Auditorium 0 0 0 Auto repair, i.e., mechanic, glass body, upholstery C 0 Auto service/gas station 0 0 0 Auto/RV sales and rentals 0 0 0 Boat sales 0 0 0 g Boat, commercial building/fabrication 0 0 Boat, harbor/marina C C C C C Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 A C Bulk material, i.e., concrete, gravel, sand, asphalt C C Business, marine retail sales and service 0 0 0 0 g C Business, package liquor 0 0 0 Z� CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 5 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB 1 RM INS P Business, retail sales and service 0 0 0 0 Business, retail sales and service, industrial 0 Campground, camper park, RV park C/P C/P C/P C/P C/P C/P Campground, employee C/P Car/boat wash 0 0 0 Cemetery 0 C 0 Center, community/civic G O 0 C C Center, mariner's 0 0 0 0 Center, senior or teen C C C 0 0 C C Child care, licensed center C C 0 0 0 C Child care, licensed home 0 0 0 r. O 0 0 0 0 0 Church C C C C C C 0 0 0 O Clinic, medical 0 0 0 0 0 Clubs, fraternal/lodges/social/veterans C 0 0 C Cluster subdivision C C C Communications, commercial satellite dishes, towers, poles, and antennas less than 3-matar (4-5 16 feet) diameter or 75 feet in height 0 O 0 0 0 0 Communications, commercial satellite dishes, towers, poles, and antennas 3-meter 16 feet diameter or greater than 75 feet in height g C C C Correctional/prison facility C C C C Crematory 0 Docks/wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 g C 0 Drinking establishment, i.e., bar, nightclub, lounge C C C yu CITY OF SEWARD, ALASKA .ORDINANCE 20.12-002 ,Page 6 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Drive-in facility —fast food, C A C C C banking, etc. — C — Dwelling, apartment in a 0 0 0 0 0 g commercial building (limited to C one unit) — Dwelling, apartment in a 0 0 C C commercial building (two or more units) Dwelling, apartment, mother -in- 0 0 0 0 0 0 0 law or accessory Dwelling, attached single- C C C C C C C family, i.e., townhouse, row — Dwelling, condominium C C C C C C I C Dwelling, detached single-family 0 0 0 0 0 0 0 C A C Dwelling, group home 0 0 0 0 0 0 g C Dwelling, guest house 0 0 g C Dwelling, multi -family (3 or C C C C C C C more units) — Dwelling, two-family or duplex 0 0 0 0 0 C A C Dwelling, watchman or 0 C caretaker — Emergency services, pub/vol; C C C C C C 0 C 0 0 C 0 i.e., fire, ambulance, rescue — — Financial institution, i.e., bank, C 0 0 S&L Flea market, open air retail C C C other than occasional — Fuels, bulk storage and sales C Golf course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/nursery— 0 0 0 commercial Grocery, convenience store C C C 0 0 0 0 Grocery, supermarket, foodmart 0 0 LA' CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 7 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Health club C C 0 0 0 Home occupation 0 0 0 0 0 0 0 0 0 0 Hospital I C C House rental on a nightly basis P P P P P P Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning 0 C 0 0 Library 0 0 0 0 Livestock, Excluding Chickens Et Rabbits P P Livestock, Chickens Ft Rabbits P P P P P P P P P Lodging, BEtB, rooms, duplex and accessory apartment H/P H/P H/P H/P H/P O/P O/P O/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C 0 C C Lodging, multifamily dwelling apartment P P P P P p P Lumber yard/building supply C 0 C Manufacturing —noxious, heavy C Manufacturing, light fabrication, assembly C 0 Merchant, transient 0 0 0 0 Mobile home park I I I I I C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales 10 10 Mobile medical unit 0 10 0 Mortuary/funeral home 0 0 0 Museum C 0 0 0 0 0 1a CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 8 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Office, boat charter, guide 0 0 0 0 0 0 C Office, business or professional 0 0 0 0 0 Office, government/quasi- 0 0 0 0 0 0 0 government administration Office, mobile/temporary on P P P P P P P P P P P P P construction site Office, home, professional 0 O O O O Parking lot A A 0 0 0 0 0 0 0 0 C C Personal services, i.e., beauty, 0 0 0 0 shoe, tailor Planned unit development C C C C C C Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skating Recreation, outdoor, i.e., 0 C C C miniature golf Recreation, shooting range C C C Recycling center C C 0 C Recycling, self-service drop-off 0 0 0 0 0 0 0 0 point Repair service, i.e., large C C 0 appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C 49 C C C 49 4; 4 C C commercial timber harvesting Restaurant, food service, 0 0 0 0 0 C catering, brewpub Rooming or boarding house 0/P G O/P O/P O/P Salvage —auto, wrecking, scrap, C junkyard P119, CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 9 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Sawmill or lumbermill C C School, college C C g C School, public/private elementary/secondary C C C C C C C C C School, vocational C 0 0 C 0 g C Seafood processing, i.e., canning, rendering C C C C Shop, i.e., welding, sheetmetal, machine, steel fab. C C 0 Shop, i.e., wood, signs, cabinet, upholstery C C 0 C 0 Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container A A A A A A C A C A C A C O A C Storage, explosives P Storage, outdoor, yard, material/equipment C 0 0 C Storage, self service 0 0 0 Q Storage, warehouse and distribution 0 0 6 0 C Studio, radio/television C 0 0 0 0 C Tanks, aboveground associated with service station C C 4; 0 Taxidermy 0 0 0 Q 0 Terminal, i.e., bus, truck, freight 0 C 0 C Terminal, marine/boat passenger 0 C 0 0 C Theater, concert, movie 0 0 g Tool/equipment rental 0 0 Temporary Structure C C C C C C C C C C `A� CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 10 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Utility facility, public electric, water, sewer, etc. C C C C C C 0 0 0 0 0 0 Vehicle impound lot 0 0 Vending machine repair, storage O C O C Veterinary hospital C C C Wind Energy Conversion Systems (WECS) 0 0 0 0 0 0 0 0 0 0 0 0 0 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 291h day of May 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: Jim Hunt, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to change, update and accommodate the wishes of the public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of the City Zoning Code in Title 15, Chapter 10. The Commission held six (6) public work sessions specifically reviewing and amending Sections 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table and one (1) work session specifically addressed the Development Requirements "Table 15.10.220. January 17, 2012 the Commission and the City Council held a joint public work session to review each of the requested changes. The Commission has reviewed and discussed the Land Uses Allowed and the Land Uses Allowed Table sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during many of the work sessions. The Commission has addressed and accommodated all public concerns and input through the proposed changes. While no public requests were submitted for the Development Requirements Table, the Commission reviewed and recommended an increase in the Maximum Lot Coverage for the Office Residential Zoning District. (As depicted below) (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Lot Coverage (%) 30 35 35 40 40 -35 50 50 100* 100* 100* 30 50 10 The Commission has recommended several minor changes and updates to SCC§ 15.10.225 Land Uses Allowed. Specific additions, deletions or changes are as follows: (Proposed changes are indented and the staff explanation follows at the margin) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform adopted Building Code door/window egress standards, the L\L:2 Seward City Council Agenda Statement for Ordinance 2012- OoZ Page 2 of 4 presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. The State of Alaska adopts a revised Building Code approximately every three (3) years. Once the State has adopted the code the City then follows by local adoption. At the time the current Zoning Code was adopted the building code title in place was the Uniform Building Code. Since then the title of the building code has changed to the International Building Code. To eliminate current and future title changes it has been recommended to remove the specific title and use the verbiage of "adopted" Building Code. ([the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] The City has received many comments and complaints regarding the conditions and visual clutter of the Transient Merchants facilities, especially during the non-use months of the year. The intent of a transient merchant is that the facilities needed to do business are mobile and in place for a very short time. The proposed changes to the transient merchant requirements are to insure that the Transient Merchant remains transient and the vehicle(s) used for the business are removed at the end of the season or the 150 day period. (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with Table 15.10.225. �1 Seward City Council Agenda Statement for Ordinance 2012- ON - Page 3 of 4 (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. The addition of chickens and rabbits to the Livestock code is in response to requests from the public to allow chickens on the smaller parcels within the residential zoning districts of Seward. The current code does not allow for any livestock animals on lots less than 20,000 square feet. This essentially limits livestock to the Forest Acres area of Seward. Through research and discussion the proposed addition to the SCC would follow what other communities, including Anchorage, have adopted for the keeping and rearing of chickens and rabbits. Allowing no more than 5 chickens (hens) or rabbits by permit will meet the requests of the public. Table 15.10.225. - Land Uses Allowed Table (See the Table within the attached Ordinance) The Land Uses Allowed Table had not been reviewed or updated in many years. The Commission held many work sessions and listened to the comments from the public. The proposed changes reflect the many hours of review and discussion by the Commission. Consistency Checklist: Yes No NA 1. Comprehensive Plan (2020) X 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) Goals and Objectives * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision (page 5) * Update the Zoning Code in order to implement the Comprehensive Plan (page 11) * Ensure uniform and consistent enforcement of the Zoning Code (page 11) Seward City Code§15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. INTENT: The proposed Code changes update and incorporate public requests and is recommended by the Planning and Zoning Commission Priorities. This update is being accomplished by amending portions of SCC15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table. Seward City Council Agenda Statement for Ordinance 2012- 0 0 2— Page 4 of 4 As required by Seward City Code§ 15,01.035(c)(2)&(3) the Planning and Zoning Commission held a public hearing on August 2, 2011also a second public hearing on April 3, 2012 and now forwards the attached Ordinance to the City Council for adoption. FISCAL NOTE: None. Approved by Finance Department: '/�• ATTORNEY AND STAFF REVIEW: YES X No RECOMMENDATION: Staff recommends the Council introduces and enact Ordinance 2012-00 2- , amending portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table. yq SPONSORED by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-05 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND VARIOUS SECTIONS OF THE SEWARD CITY CODE TO INCLUDE PORTIONS OF 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED; and 15.10.225 LAND USES ALLOWED TABLE WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2012-attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. AYES: Morgan, Butts, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: JJ hanna Kinney,ty Clerk THE CITY OF SEWARD, ALASKA Sandie Roach�Ch ° o� °°ebe a���tdbr .. a� ',. (City Seal) : ®: SEAL I � b rA OF A`e°e` ��is►ss■+%S City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 71 Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Glenz explained the history of the proposed Title 15 code changes and results of the joint work session held with City Council on January 17, 2012. In response to Ecklund, Glenz stated the internal process requires three weeks for public hearing items before the proposed code changes were before City Council for introduction. The Commission requested that the internal processes be reviewed, in the event that items might need to come before City Council in a shorter period. Long said he would review the required deadlines for agenda items. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Ecklund) Approve Resolution 2012-05 Commissioners further discussed the effort to update Title 15 and the need for more public input during the process. Motion Passed Unanimous Unfinished Business — None New Business -- Resolution 2012-06 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, amending the December 16, 2008 Rules Of Procedure For The Planning and Zoning Commission Glenz stated the Rules of Procedure would need to be amended by resolution. Some of the required changes included meeting times as well as several other minor changes. Commissioners further discussed the various proposed changes. Butts asked Administration if it were possible for a Commissioner to attend a regular meeting via teleconference or other electronic means. 5� 1 L Cily of Seward, Alaska City Council Minutes August 22, 2011 Volume 38, Page 647 CALL TO ORDER The August 22, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Marianna Keil Ristine Casagranda Comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — Tom Smith Vanta Shafer Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) The following was pulled from the agenda: Approval of Agenda and Consent Agenda Ordinance 2011-005, Amending Portions Of Seward City Code 15.10.220 Development Requirements Table 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public. The following was added to the agenda: Discussion on City Manager hire. t, Schedule work session to discuss extending the transfer pit and the length of the rails at Seward Ship's DryDock to accommodate US Coast Guard vessels. 6. Motion Passed Unanimous Jq Sponsored by: Planning & Zoning Commission Introduction: May 14, 2012 Public Hearing: May 29, 2012 Enactment: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REZONING LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, An applicant has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26,27 and 28, Block 8, Original Townsite of Seward, to rezone from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan Map designation recommends all of Block 8 be zoned Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development;" 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 on April 3, 2012. S2 CITY OF SEWARD, ALASKA ORDINANCE 2012-003 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD). Section 2. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD). Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 29th day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager Jim Hunt From: Donna Glenz, Planner deIT- Agenda Item: Amending the Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for the City Council's review and adoption is Ordinance 2012- , amending the City of Seward Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). The applicants are requesting this rezone in order to provide land suitable for future commercial uses allowed within the Central Business District and to bring the lots into compliance with the current Land Use Plan approved in the 2020 Comprehensive Plan. The two properties are separated by an alley and occupy the southern portion of Block 8. The lots nearby are also Central Business and include a mid -size hotel at Fifth Avenue and Railway and an income -adjusted apartment complex at Sixth Avenue and Railway. (See attached zoning map.) One remaining parcel on Block 8 will continue to be zoned Auto Commercial (AC) and will not be included in this rezone. The property owner has declined to participate. (See correspondence in packet.) Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested Central Business District (CBD) and is recommended by the Land Use Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Central Business District as defined in SCC 15.05.025 (b)( (9) Central business district (CBD) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. " PLANNING AND ZONING REVIEW As required by the City Code§ 15.01.040, neighboring property owners within 300 feet of the area subject to review were notified and the property was posted. The Planning and Zoning Commission held a public hearing on April 3, 2012 and approved Resolution 2012-02 recommending City Council adopt Ordinance 2012- rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2020) X "We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan." (page 14) 2. Land Use Plan Map (2006) The Land Use Plan supports this rezone. VO 3. Strategic Plan (1999) X "Work towards bringing the Zoning Map into conformance with the Land Use Plan (page 11) FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the change of zoning designation. Approved by Finance Department iidu". e JZQ INTENT: Amending the Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) ATTORNEY REVIEW: Yes_ No RECOMMENDATION: The Seward Planning and Zoning Commission and Staff recommend: May 14, 2012: Council introduces Ordinance 2012- 06 �equest to rezone Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). May 29, 2012: Council conducts a public hearing and adopts Ordinance 2012- amending the the Seward Zoning Map, Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). 5( 5-1. Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-02 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Aaron Johnson has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26, 27 and 28, Block 8, Original Townsite of Seward, to be rezoned from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan map designation recommends all of Block 8 be rezoned to Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development," 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 on April 3, 2012. 15c� Seward Planning and Zoning Resolution 2012-02 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 15 and 16, Block 8, Original Townsite of Seward, Auto Commercial (AC) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 2.; The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: Morgan, Ecklund, Butts, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: J hanna Kinney, CMC 61Ra P L w S,� ity Clerk ��.4:�s'�.o (City Seal) Ffr, City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 68 Butts asked if property owner had changed the plan for development. Glenz said the property owner at one point expressed interest in possibly operating a restaurant, but had not provided further details. Ecklund pointed out that the City Land Use Plan indicated that all of Block 8 should be zoned Central Business District. Motion Passed Unanimous Resolution 2012-02, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the rezoning of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD), and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family (113) to Central Business j District (CBD) Glenz pointed out the location of the proposed zoning actions, referring to the City Zoning Map and the City Land Use Plan Map. One property owner on Block 8 opted to not be included in the rezone to Central Business District. One resident had expressed concerns about parking that might occur in front of private property, Glenz stated. No other public comments were received, Glenz said. In response to Butts, Glenz noted the property not included in the rezone contains the former Government Cable Office, which is a historic building that served as a telegraph office and is currently a single family home. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2012-02 Ecklund asked Administration about the platting process for Lots 15 and 16, Block 8. Glenz explained that the Kenai Peninsula Borough had final platting authority and the platting action to incorporate the parcels into a single parcel may take several months. Butts said he was pleased by the effort to bring more consistent zoning to Block 8. Motion Passed Unanimous ,�Ck RECEIVED RECEIVED DEC 14 2G i 1 DE^ 2�11 Per Per ------------- LAND USE PLAN AMENDMENT - REZONING APPLICATION Petitioner: AAiR-3 Address: Phone No: 1q0-7 - J 29-1 3 Legal Description: Lcrre �� *I (ea BLC:;-e-Y— � T iT Physical Location: Land Use Plan: Z I I 6-T-�L AJ0 Present: Proposed: Zoning District: Present: Proposed Intended use and/or reason for rezoning: FX I6r� A map is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $250.00 (payable to the City of Seward) to the Community Development Office. Signatures of 51 % of property owners involved in the rezoned area. SIGNATURE ADDRESS (legall DATE �11 S ixTN am ACC n9 1n9 Dwayne Atwood From: Jeff_Mow@nps.gov Sent: Thursday, January 05, 2012 9:18 AM To: Dwayne Atwood Cc: Donna Glenz Subject: Re: Proposed rezone of NPS Parcel at 212 Fifth Avenue Dwayne That sounds fine. Jeff Mow -------------------------- Sent from my B1ackBerry Wireless Handheld From: Dwayne Atwood [datwood@cityofseward.net] Sent: 01/04/2012 04:59 PM YST To: Jeff Mow Cc: Donna Glenz <dglenz@citvofseward.net> Subject: Proposed rezone of NPS Parcel at 212 Fifth Avenue Hello Jeff, A property owner near the NPS parcel at 212 Fifth Avenue is seeking a zoning designation change from Auto Commercial to Central Business. This presents an opportunity to also rezone the parcel at 212 Fifth Avenue to Central Business. (The NPS parcel, which includes the former Mai Family home, is currently zoned Multi Family Residential.) We are working to bring the entire block into compliance with the City Land Use Plan with the proposed rezone actions. There is no cost involved. I will work with the City Planner to prepare the rezone request / application. If you could just respond to this email confirming what we discussed, 1 will get started. I appreciate your help. Thank you, Dwayne Atwood, Planning City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 Spam Not spam Forget previous vote Technician, CFM Dwayne Atwood From: Greg and Arlene Carpenter <gregorcarp@gmail.com> Sent: Friday, January 06, 2012 3:14 AM To: Dwayne Atwood Subject: Re: Auto Commercial Zoned Parcel, 219 Sixth Avenue Hello, We would prefer that our parcel be excluded from being rezoned at this time. Thank you, Greg and Arlene Carpenter On 1/4/2012 6:11 PM, Dwayne Atwood wrote: Hello Greg and Arlene, I just wanted to let you know that the Planning & Zoning Commission will soon review a rezone application for a parcel near your property at 219 Sixth Avenue. The request is being made to change the zoning designation for a parcel south of yours from Auto Commercial to Central Business. Your lot could also be rezoned from Auto Commercial to Central Business, if you wish. Please respond in writing (a response to this email would be fine) and I will work with the City Planner to prepare an additional rezone request / application at no charge. Changing the zoning designation to Central Business is consistent with the City's Land Use Plan. We are working to bring the entire block into compliance and would like to include your lot. Please let me know if you would like to participate, or if you would like your parcel to be excluded. Thank you, Dwayne Atwood, Planning Technician, CFM City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not spam Forget previous vote 6� Sponsored by: Hunt Introduction: May 14, 2012 Public Hearing: May 29, 2012 Enactment: May 29, 2012 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE COMPLETION OF THE TAX FORECLOSURE PROCESS AND OBTAINING A DEED TO RETAIN FOR PUBLIC FLOODPLAIN CONSERVATION PROTECTION THE PROPERTY DESCRIBED AS THE WEST 200 FEET OF SOUTH 440 FEET OF GOVERNMENT LOT 5, WITH TAX PARCEL ID NUMBER 14509201, LOCATED IN THE CRAWFORD SUBDIVISION, LYING EAST OF THE SEWARD AIRPORT AND HAVING PORTIONS WITHIN THE RESURRECTION RIVER, AND APPROPRIATING FUNDS WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuant to AS 29.45.460 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real property, the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID Number 14509201, located in the Crawford Subdivision; and WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for delinquent property taxes and notified the City of Seward of this action; and WHEREAS, the last record owner of the property is the Estate of Martin and Donna Kowalski and Edward Radde; and WHEREAS, this property is located East of the Seward Airport, a portion the property is located within the Resurrection River; and WHEREAS, this lot contains approximately 2 acres, is located entirely within the floodplain and has no road access; and WHEREAS, in the 1970's the City acquired ownership of several other parcels within the Crawford Subdivision by tax foreclosure and determined that they be held for and devoted to public purposes and not subject to sale, repurchase or redemption; and WHEREAS, the intent of the City is to obtain ownership of the West 200 feet of South 440 feet of Government Lot 5 through the foreclosure process by paying the delinquent taxes of $415.12 and retaining the land for a public purpose, namely, for floodplain conservation, and not subject to sale, repurchase or redemption. � CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-004 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Manager and the City Attorney are authorized to take all reasonable steps necessary to complete the foreclosure process including the payment of $415.12 delinquent taxes and obtain a Deed for West 200 feet of South 440 feet of Government Lot 5, Tax Parcel ID number 14509201. Section 2. The amount of $415.12 is appropriated from the General Fund Revenues account 101-0000.3050 to General Fund Miscellaneous account no 101-1180-5790 for delinquent taxes to be paid to the Kenai Peninsula Borough. Section 3. The City of Seward hereby declares that the West 200 feet of South 440 feet of Government Lot 5 shall be retained for a public purpose for floodplain conservation, and shall not be subject to sale, repurchase or redemption. Section 4. This non -code ordinance shall take effect immediately following its enactment. ENACTED by the City Council of the City of Seward, Alaska this 29t" day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: (City Seal) Johanna Kinney, CMC City Clerk) Agenda Statement Meeting Date: May 14, 2012 rho: City Council Through: City Manager, Jim Hunt From: Donna Glenz, Planner Agenda Item: Authorizing the completion of the tax foreclosure process and obtaining a clerks' deed to retain for public floodplain conservation protection the property described as the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, located in the Crawford Subdivision, lying East of the Seward Airport and having portions within the Resurrection River BACKGROUND & JUSTIFICATION: A( Attached for the City Council's review and adoption is Ordinance 2012-� , authorizing the completion of the Kenai Peninsula Borough Tax Foreclosure process on the West 200 feet of South 440 feet of Government Lot 5. This property is located in the Crawford Subdivision, East of the Seward Airport and having a portion the property within the Resurrection River. A copy of the ordinance was mailed to the last record owner of the property, in accordance with AS 29.45.460(c). The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes and notified the City of Seward of this action. AS 29.45.450 declares all unredeemed property inside the City Limits is deeded to the City subject to the payment of the unpaid taxes and foreclosure costs against the property. The City was noticed of the tax foreclosure on the above property and now needs to declare, by ordinance, whether the property will be retained for a public purpose. This action is required by AS 29.45.460. This property contains approximately 2 acres and is located entirely within the floodplain; the south west portion of the lot is located within the Resurrection River. There is no road access to this parcel. In the 1970's the City acquired ownership of several other parcels within the Crawford Subdivision by tax foreclosure and determined that they were to be held for and devoted to public purposes and not subject to sale, repurchase or redemption. The intent of the City is to obtain ownership of the West 200 feet of South 440 feet of Government Lot 5 through foreclosure process by paying the delinquent taxes of $415.12 and, pursuant to AS 29.45.460, declaring this land to be retained for public purposes and not subject to sale, repurchase or redemption. It is in the best interest of the public and the City that this property be removed from private ownership and placed in floodplain conservation status. CONSISTENCY CHECKLIST 1. Comprehensive Plan (2020) 3.8 Natural Hazards (page 28) YES NO N/A X (-A 3.8.1 Promote community safety from natural disasters through mitigation measures and preparedness training. 3.8.1.2 Create sound public uses of potentially hazardous lands. 2. Strategic Plan (1999) X "Promote a safe community" (page 18) 3. Seward City Code X Title 15.25 Floodplain Management 4. Municipal Lands Management Plan X Tax/Lien Foreclosure: (page 3) Both Seward and Kenai Peninsula Borough Hazard Mitigation Plans support this action: ➢ Controlling development on lands subject to risks from Flooding and other natural disasters ➢ Buyout or relocation of structures that are in highest risk ➢ In addition, important riparian, wetland and aquatic functions, such as water storage, filtering, changes in water quality or quantity and identification of salmon spawning and rearing habitat, should be evaluated and factored into decisions. Properties should be identified that would be appropriate for protection because of flood risks, and after public input, acquisition, conservation, or flood hazard protection regulations by the government should be pursued. FISCAL NOTE: The City of Seward is required to pay the delinquent taxes of $415.12. Approved by Finance Department .1��ilo`��%��= INTENT: The completion of the tax foreclosure process and retaining the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, for a public purpose in protected floodplain conservation status. ATTORNEY REVIEW: Yes X No RECOMMENDATION: May 14, 2012: Council introduce Ordinance 2012- 000 authorizing the completion of the tax foreclosure process of the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, and retaining the parcel for a public purpose and not subject to sale, repurchase or redemption. May 29, 2012 Council adopts Ordinance 2012- t00 r- KENAI PENINSULA BOROUGH Planning Department • Land Management Division 144 North Binkley Street a Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 a Toll -free within the Borough: 1-800-478-4441, Ext. 2200 r, www.borough.kenai.ak,us MIKE NAVARRE BOROUGH MAYOR April 10, 2012 Johanna Kinney, City Clerk City of Seward, Alaska P0Box 167 Seward AK 99664 Dear Ms. Kinney, Subject: Conveyance of Tax Foreclosure Parcel No. 145-092-01 As shown on the attached application the City of Seward requested conveyance of subject parcel pursuant to A.S. 29.45.460. This parcel may be deeded to the city upon payment of the taxes owed to the Borough with accrued interest but without penalty, and any out of pocket cost incurred by the Borough. Upon receipt of this payment the Borough will have a quitclaim recorded to convey title to the city. After receiving title, the city, by ordinance must meet the obligations of A.S. 29.45.460 with respect to retention for a public purpose, or sale of the tax foreclosed property, as applicable. Amount Due: $415.12 if received by June 15, 2012 Please send the check to my attention. If you have any questions please contact me. Ph: (907) 714-2211 ' Fax: (907) 714-2378 ` E-mail: dconetta@borough.kenai.ak.us Sincerely, Daniel A. Conetta, SR/WA Land Management Agent 6 l 0 r-_ Sponsored by: Hunt Introduction: May 14, 2012 Public Hearing: May 29, 2012 Enactment: May 29, 2012 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE COMPLETION OF THE TAX FORECLOSURE PROCESS AND THE SALE OF THE PROPERTY DESCRIBED AS LOTS 29, 30, 31 AND 32, BLOCK 27, ORIGINAL TOWNSITE OF SEWARD; WITH TAX PARCEL ID NUMBERS OF 14805003 AND 14805004, LOCATED AT 516 THROUGH 522 FIRST AVENUE, AND APPROPRIATING FUNDS WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuant to AS 29.45.450 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real property: Lots 29, 30, 31 and 32, Block 27 Original Townsite of Seward, to be deeded to the City, subject to payment of unpaid borough taxes and costs of foreclosure; and WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for delinquent property taxes and notified the City of Seward of this action; and WHEREAS, the property is located on the East side of First Avenue between Madison and Monroe Streets; and WHEREAS, this property has become derelict and an extreme eye sore and over the past few years numerous complaints have been received by the Community Development office however letters to the estate manager, as the representative of the former (deceased) owner of record, regarding the conditions have gone unanswered; and WHEREAS, there are several derelict structures on the property one of which collapsed under heavy snow load on April 16, 2012 and has been declared a public safety hazard; and WHEREAS, the last record owner of the property is the estate of Martin and Betty Goresen, c/o Betty Hodges, Chugiak Alaska; and WHEREAS, an individual residing on the property has been notified that he must vacate on or before the City takes ownership of the property; and WHEREAS, the intent of the City is to obtain ownership through foreclosure process by paying the delinquent taxes of $6,602.66, evicting anyone who may be residing on the property, -7) CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 contracting the cleanup of the property and then selling the property and placing it back on the tax roll; and WHEREAS, the City of Seward has no public purpose for the real property, declares the real property to be surplus, finds that it should be cleaned up and sold to cover all costs incurred including but not limited to taxes, penalties, interest, administrative costs, demolition, cleanup and property restoration and attorney fees; and WHEREAS, upon adoption of this ordinance determining to sell the real property and the sale or entry into a contract for sale of the property, the right of the former record owner and assigns to repurchase the real property ceases. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Manager and the City Attorney are authorized to take all reasonable steps necessary to complete the foreclosure process including the payment of $6,602.66 delinquent taxes to the borough and obtain a Deed for Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward. Section 2. Appropriating an amount not to exceed $10,000 from the General Fund Reserves account no 101.0000.3050 including $6,602.66 for delinquent taxes to be paid to the Kenai Peninsula Borough and $3397.34 to assist in the clean-up of the property, to General Fund Miscellaneous expense account no. 101-1,180-5790. Section 3. The City of Seward hereby declares that it has no public purpose for Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward and declares that the property is surplus and the real property shall be offered for public sale, following cleanup and eviction proceedings (if needed), in the manner provided by law. Section 4. The City of Seward further declares Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward, shall be offered for sale and the proceeds of the sale used to pay all expenses incurred by the City, including taxes, penalties, interest, administrative costs, demolition costs, and attorney fees. Section 5. This non -code ordinance shall take effect immediately following its enactment. 11 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 ENACTED by the City Council of the City of Seward, Alaska this 291h day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk) THE CITY OF SEWARD, ALASKA David Seaward, Mayor (City Seal) 13 Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager, Jim Hunt From: Donna Glenz, Planner Agenda Item: Authorizing the completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward; with Tax Parcel ID numbers of 14805003 and 14805004, located at 516 through 522 First Avenue BACKGROUND & JUSTIFICATION: _ Attached for the City Council's review and adoption is Ordinance 2012- by 5 authorizing the completion of the Kenai Peninsula Borough Tax Foreclosure process on Lots 29 -32, Block 27, Original Townsite of Seward. This property is located on the East side of First Avenue between Madison and Monroe Streets. A copy of the ordinance was mailed to the last record owner of the property, in accordance with AS 29.45.460(c). The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes and notified the City of Seward of this action. Alaska State Statue declares all unredeemed property inside the City Limits is deeded to the City subject to the payment of the unpaid taxes and foreclosure costs against the property. The City was noticed of the tax foreclosure on the above property and now needs to declare, by ordinance, whether the property will be retained for a public purpose. This determination is required by AS 29.45.460. There are several derelict structures on the property, one of which collapsed under heavy snow load on April 16, 2012 and has been declared a public safety hazard. This property has become derelict and an extreme eyesore and over the past few years numerous complaints have been received by the Community Development office. However, letters to the estate manager regarding the conditions have gone unanswered. The intent of the City is to obtain ownership through foreclosure process by paying the delinquent taxes of $6,602.66, evicting the current tenant, contracting the cleanup of the property, and then selling the property and placing it back on the tax rolls. CONSISTENCY CHECKLIST YES NO N/A Comprehensive Plan (2020) X "3.9.2.1 Encourage citizens, as well as the City to take an active role in beautifying .the community." (page 30) 2. ,Strategic Plan (1999) X "Promote a safe community" (page 18) 3. Seward City Code X Numerous sections of title 9, Health and Safety support this action. 4. Municipal Lands Management Plan X "Tax/Lien Foreclosure: (page 3) FISCAL NOTE: The City of Seward is required to pay the delinquent taxes of $6,602.66 to obtain title. Additional costs may include administrative costs, demolition, cleanup and property restoration and attorney fees. All incurred costs, interest, and penalties are expected to be recovered in the sale of the property. Approved by Finance Department ":CIA INTENT: The completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward ATTORNEY REVIEW: Yes X No RECOMMENDATION: May 14, 2012: Council introduce Ordinance 2012-4 05 , authorizing the completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward May 29, 2012 Council adopts Ordinance 2012- 0 0 5 `�- KENAI PENINSULA BOROUGH Planning Department • Land Management Division 4 = 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 a Toll -free within the Borough: 1-800-478-4441, Ext. 2200 www.borouqh.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR April 11, 2012 Johanna Kinney, City Clerk City of Seward, Alaska P Q Box 167 Seward AK 99664 Dear Ms. Kinney, Subject: Conveyance of Tax Foreclosure Parcel No. 148-050-03 and 148-050-04 As shown on the attached application the City of Seward requested conveyance of subject parcel pursuant to A.S. 29.45.460. This parcel may be deeded to the city upon payment of the taxes owed to the Borough with accrued interest but without penalty, and any out of pocket cost incurred by the Borough. Upon receipt of this payment the Borough will have a quitclaim recorded to convey title to the city. After receiving title, the city, by ordinance must meet the obligations of A.S. 29.45.460 with respect to retention for a public purpose, or sale of the tax foreclosed property, as applicable. Amount Due: $6 G_ 0�2266 if received by June 15, 2012 Please send the check to my attention. If you have any questions please contact me. Ph: (907) 714-2211 * Fax: (907) 714-2378 * E-mail: dconetta@borough.kenai.ak.us Sincerely, zra- n w 4z' co-nQ Daniel A. Conetta, SRIWA Land Management Agent Tax Foreclosure Parcels 14805003 and 14805004 0 55 110 Feet l i I Z\ City Council Ordinance 2012- N Introduction May 14, 2012 Enactment May 29, 2012 tax. ,ME Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2012-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE PLANNING AND ZONING COMMISSION PRIORITIES FROM APRIL 2012 TO APRIL 2013 WHEREAS, at the February 21, 2012 Planning and Zoning Commission's work session, the Commission reviewed and updated their Priorities List; and WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission to address areas of mutual concern; and WHEREAS, on March 28, 2012, the Commission and City Council held a joint work session in which they reviewed and updated the Planning and Zoning Priorities List; and WHEREAS, at their May 1, 2012 meeting, the Planning and Zoning Commission approved P & Z Resolution 2012-07 recommending Council adoption of the 2012 Planning and Zoning Priority List. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The following 2012 List of Priorities is hereby adopted: Priorities Short and Medium Term 1) Municipal Lands Management Plan (1995) — Update in conjunction with the Capital Improvement Plan and the City Land Disposal Policies and Procedures 2) Continue Rewrite of Title 15 3) Nash Road Bench Study (Resource Management Development Impact Study) as funding allows Continuing 1) Continue recruitment efforts for the Planning and Zoning Commission 2) Continue to pursue compliance with the Seward City Zoning Code lit City of Seward, Alaska Resolution 2012-032 Page 2 of 2 • Submit a resolution to City Council outlining the Planning & Zoning Commission recommendations for health and safety compliance 3) Annual review of the City of Seward Comprehensive Plan 4) Encourage the City Manager to request an update of the 1993 Parks & Recreation Master Plan 5) Seek additional funding for Planning & Zoning Commissioner training • Search out and add funding to the budget Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 29"' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 9k Council Agenda Statement Meeting Date: May 29, 2012 To City Council Through: Ron Long, Assistant City Manager Donna Glenz, Planner From: Dwayne Atwood, Planning Technician Agenda Item: Resolution Adopting the Planning and Zoning Commission Priorities from April 2012 to April 2013. BACKGROUND & JUSTIFICATION: Annually, the Planning and Zoning Commission establishes their priorities. The Commission began this year's process by reviewing their Priority List at their February 21, 2012 work session in preparation of their joint work session with Council scheduled for March 28, 2012. During the joint work session, the Commission and Council reviewed and updated the Planning and Zoning Priorities List. At their May 1, 2012 meeting the Planning and Zoning Commission approved Resolution 2012-07 recommending Council adoption of the Commission's April 2012 to April 2013 Priority List, CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan (document source here): Most of the priorities which the Commission wishes to work on are an outgrowth of goals and X objectives established in the Comprehensive Plan. 2 Strategic Plan (document source here): The Strategic Plan also identifies X many of the priorities addressed by the Commission _ 3 Other (list): Planning and Zoning Rules of Procedure (Amended 2012) Rule 34 (c.) "The Commission shall meet in a joint work session with the X City Council in March of each year to discuss areas of mutual interest." FISCAL NOTE: The City will have no costs associated with the approval of the Planning and Zoning Priorities List. Approved by Finance Department: Y,;V(" INTENT: Adopt the April 2012 through April 2013 Planning and Zoning Priorities List. ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2012- D��Adopting the Planning and Zoning Commission Priorities from April 2012 to April 2013. Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALAS.KA PLANNING AND ZONING COMMISSION RESOLUTION 2012-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING AND ZONING COMMISSION PRIORITIES FROM APRIL 2012 TO APRIL 2013 WHEREAS, at the February 21, 2012 work session the Planning and Zoning Connnission reviewed their Priorities List; and WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission to address areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session, reviewed and Updated the Planning and Zoning 2012 Priorities List on March 28, 2012; and WHEREAS, at the May 1, 2012 meeting the Planning and Zoning Commission reviewed and approved the Planning and Zoning Priority List; and WHEREAS, Council will address a resolution adopting these recorninendations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following List of Planning and Zoning Priorities is hereby approved and recommended to Council for their adoption: Priorities Short and Medium Term 1) Municipal Lands Management Plan (1995) — Update in conjunction with the Capital Improvement Plan and the City Land Disposal Policies and Procediues 2) Continued Rewrite of Title 15 Seward Planning and Zoning Commission Resolution 2012-07 Page 2 of 2 3) Nash Road Bench Study (Resource Management Development Impact Study) as funding allows Continuing Items 1) Continue recruitment efforts for the Plauuling and Zoning Commission 2) Continue to pursue compliance with the Seward City Zoning Code Submit a resolution to City Council outlining the Plamming & Zoning Con-nn.ission recommendations for health and safety compliance 3) Annually review the City of Seward Comprehensive Plan 4) Encourage the City Manager to request an update of the Parks & Recreation Master Plan 5) Seek additional funding for Planning & Zoning Commissioner training • Search out and add finding to the budget Section 2. This resolution shall take effect immediately upon its adoption, PASSED AND APPROVED by the Seward Planning and Zoning Commission this lst day of May, 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', C air AYES: Morgan, Butts, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: 3 a YA �.'ohaiaKmnney e ,y er M pity Clerk (City Seal) t, ZA lf'aa,�•o''v °�1u'w6'a'5Fi 3 City of Seward, Alaska Planning Commission Minutes May 1, 2012 Volume 6, Page 482 Unfinished Business -- None New Business -- Resolution 2012-07 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the Planning and Zoning Commission priorities from April 2012 to April 2013 Glenz noted the March 28, 2012 joint work session with City Council to establish the priorities and recommended approval of the resolution. Motion (EeklundfMorgan) Approve Resolution 2012-07 Motion Passed Unanimous Discussion and direction on the May 15 regular work session topic Glenz apologized for missing the work session topic on the agenda. Glenz suggested the Commission poll members to make sure a quorum was available, suggested the topic as further review of Title 15, Parking Code and if time allowed start the review of the Municipal Lands Management Plan. Motion (Ecklund/Morgan) Set the further review of 'Title 15, Parking Code, followed by the Municipal Lands Management Plan as the topics for the May15 regular work session Following a pollof the Commission for May 15, 2012 the Commission supported the suggested topics. Motion Passed Unanimous Informational Items and Reports (No action required) May 14`Alaska Public Offices Commission Work Session with Council 2012 Planning' and Zoning Meeting / Work Session Schedule FEMA Region X April, 2012 Newsletter Seward Highway Bridge Repair Notice Commission Comments Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KENDALL FORD FOR THE PURCHASE OF ONE FORD EXPLORER POLICE PATROL VEHICLE, FOR AN AMOUNT NOT TO EXCEED $25,646.00 WHEREAS, the purchase of one new police vehicle per year is consistent with the policy of the city in order to keep the fleet in good mechanical, dependable condition; and WHEREAS, the last purchase of a police patrol vehicle was in 2010, and the Police Department will retired one patrol vehicle after this purchase; and WHEREAS, the city has an opportunity to purchase a patrol vehicle under the same contract terms that were offered to the State of Alaska by Kendall Ford through a competitive bid process; and WHEREAS, the City Council has determined that the public interest would be best served by not requiring competitive bids and makes the following finding: l . Seward City Code Section 6.10.120 (B), provides that the city may utilize competitive bids obtained by other governmental units; and 2. Kendall Ford in Wasilla, Alaska has been awarded a contract to provide patrol vehicles for the State of Alaska; and 3. The City of Seward has an opportunity to purchase one patrol vehicle at a bid amount not to exceed $25,646.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into an agreement with Kendall Ford in an amount not to exceed $25,646.00 for the purchase of one 2012 Ford Explorer patrol vehicle in accordance with SCC Section 6.10.120(B). Section 2. Funding for the new vehicle in the amount of $25,646.00, will be from the Motor Pool Fund Retained Earnings Account 102-0000-3050. Section 3. This resolution shall take effect immediately upon its adoption. E G CITY OF SEWARD, ALASKA RESOLUTION 2012-033 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Seaward, Mayor m 1p Agenda Statement Meeting Date: May 29, 2012 To: City Council "Through: City Manager James Hunt From: Chief of Police Thomas Clemons Agenda Item: Approval for Purchase of a Police Patrol Vehicle Utilizing the State of Alaska Bid Process BACKGROUND & JUSTIFICATION: The police department is requesting the purchase of a 2012 Ford Explorer police vehicle from Kendall Ford, in Wasilla, Alaska. If approved, this purchase will be made utilizing the State of Alaska competitive bid process as allowed under§ 6.10.120(B) of the Seward City Code, which allows the City to utilize competitive bids obtained by other governmental entities. Kendall Ford has been awarded contracts to provide police vehicles to the State of Alaska, through an established competitive bid process. Therefore the City will save time and money using this streamlined efficient and code compliant process to secure a competitive price. It has been previous City policy to purchase one new patrol vehicle per year in order to keep the fleet in good mechanical condition and provide the officers vehicles that are safe and dependable. With this authorization the department plans to retire a 2001 Ford Explore from the fleet. Funds for this purchase are available in the Motor Pool Equipment Account and it was included in the 2012 budget. Bid amount for the vehicle will not exceed $25,646,00. INTENT: Approve the purchase of one 2012 Ford Explorer Police Vehicle from Kendall Ford, in Wasilla, Alaska, utilizing a State of Alaska competitive bid process. CONSISTENCY CHECKLIST: Yes No N/A ------- 1. ------ Comprehensive Plan: (Page 14) Section: Public Safety X 2. Strategic Plan: (Page 18) Section: Promote a Safe Community X 3. Other (list): X FISCAL NOTE: To be paid from Motor Pool Fund Retained Earnings account number 102-0000-3050. Funding was provided in the FY2012 budget in the amount of $37,000 leaving a balance of $11,354 in the account. A resolution requesting the purchase of equipment for this vehicle is also before council. Approved by Finance Department: y i6&& i• AT I'ORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution 2012- d33authorizing the City Manager to enter into a contract with Kendall Ford, in Wasilla, Alaska, for the purchase of one new police patrol vehicle as part of the State of Alaska Police Vehicle Contract, for an amount not to exceed $25,646,00, §6.10.120(B) which allows the City to utilize competitive bids obtained by other governmental units. BID PRICE SCHEDULE Lot 1 Qty. Description Price la ea Ford Sedan Police Package $26,881.00 365HP / 350 lb-ft Torque Color: White w/Flat Black Hood Delivered to Anchorage 1 b ea. Ford Sedan Police Package $26,681.00 365HP / 350 lb-ft Torque Color: Random Delivered to Anchorage 1 c ea 3.51- V6 Engine, 280 HP / 250 lb-ft Torque ($2,745.00) Fuel Economy 365HP, City/Highway: 17/25 Fuel Economy 280HP, City/Highway: 17/26 Optional Pricina 1 d. Road Ready Package OEM Package 856 $3,106.00 1e. Ballistic Door Panels, Driver Only OEM Package 65E $1,349.00 1f. Ballistic Door Panels, Driver and Front Passenger, OEM Package 65C $2,693.00 1g. Ford SYNC with Reverse Sensing System, OEM Package 53M/76R $514.00 1 h. Rearview Camera OEM Package 77B $209.00 ago-rGkDSE�Aj Section IV- Bid Schedule CA1685-12 Police Vehicles 1(3 Lot 2 MY Description Price 2a ea Ford Expedition, w/ SSV $28,476.00 Color: White w/Flat Black Hood Delivered to Anchorage 2b ea Ford Expedition, w/ SSV $28,276.00 Color: Random Delivered to Anchorage 2c ea 3rd row seating, Vinyl $744.00 2d ea 3rd row seating, Cloth $875.00 Fuel Economy City/Highway: 13/18 Optional Pricing 2e. Convenience Package, Includes Power Adjustable Pedals, Reverse $336.00 Sensors and Message Center OEM Packager 50F 2f. Running Boards OEM Package 186 $370.00 Section IV- Bid Schedule CA1685-12 Police Vehicles 6� BID PRICE SCHEDULE Lot 4 Qty. Description Price 4a ea Chevrolet Caprice PPV $27,145.00 6.0 Liter V8, 355 HP Color: White w/Flat Black Hood Delivered to Anchorage 4b ea Chevrolet Caprice PPV $26,920.00 6.0 Liter V8, 355 HP Color: Random Delivered to Anchorage 4c ea 3.61- V6, 300HP PPV $0 4d ea Chevrolet Caprice Detective Unit $26,920.00 (Full length airbags, shifter in center of console) 6.0 Liter V8, 355 HP Color: Random Delivered to Anchorage 4e ea 3.6 L V6, 300HP Caprice Detective Unit $26,920.00 Fuel Economy 355HP, City/Highway: 15124 Fuel Economy 300HP, City/Highway: 18/26 Optional Pricing 4f Ballistic Door Panels, Driver and Front Passenger, Kerr Package KTBDP $2,800.00 Yie� b(�ve.l�icl� vLo�Cd�o�V2, Section IV- Bid Schedule CA 1685-12-1 Contract for Police Vehicles C)a Lot 5 Qty. Description Price 5a ea Chevrolet Tahoe, w/Special Service Package $29,440.00 Color: White w/F►at Black Hood Delivered to Anchorage 5b ea Chevrolet Tahoe, w/Special Service Package $29,215.00 Color: Random Delivered to Anchorage Fuel Economy, City/Highway: 15/21 Optional Pricing 5c Spot Lamp, Driver only $405.00 DELIVERY NO LATER THAN 180 DAYS ARO FOB ANCHORAGE, AK Section IV- Bid Schedule CA1685-12-1 Contract for Police Vehicles T)-' SPECIFICATION #150-PP MID -SIZE SPORT UTILITY VEHICLE, AWD POLICE SERVICE PACKAGE APPLICATION: To be used by the Alaska State Troopers on patrol duties. Weather variance from plus 100 degrees to minus 50 degrees Fahrenheit. UNIT TYPE: ,Ford Explorer Police Vehicle 1.0 Engine: Gas, 3.7L, 300 HP 2.0 Transmission: Automatic, 4-Speed w/ OD 3.0 Starting Aids: 3.1 Engine Block Heater 4.0 Brakes: 4.1 To include anti -lock braking system and traction control 5.0 Tires: 0.1 All season raalal tires witn a Tull size spare securely mountea onnn the Unit (root mounted is not acceptable) 6.0 Body: 6.1 Four (4) Doors 6.2 Wheel base: 112.6 Inches 6.3 Overall Length: 197.1 Inches 6.4 Front license plate bracket 6.5 Privacy Glass, OEM 6.6 Vinyl flooring, with removable floor mats 6.7 Cruise Control and Tilt Steering 6.8 Power windows and door locks 6.9 AM/FM Radio with CD 6.10 Rear Tow Hooks 6.11 Supplemental restraint system for both driver and right front passenger 6.12 Seating: 5-passenger (including driver) 6.12.1 Front bucket seats with no console, or 40/20/40 bench with a removable center section, cloth only 6.12.2 Vinyl rear bench seat 6.12.3 Interior color to be charcoal 6.13 Keys and Door Locks: 6.13.1 OEM power door locks with master control for all doors installed in driver's door. 6.13.2 Inoperable rear door handles and locks OEM Package 68G Section Ill- Specifications CA1685-12 Contract for Police Vehicles l� 6.13.3 All cars and locks to be keyed alike (Fleet Keys) for ignition, doors and trunk. To include three (3) keys with each unit. 6.14 Hood: 6.14.1 To have double safety latch with hood release inside car. 6.14.2 To have under hood light controlled by a mercury switch. 6.14.3 If requested on purchase order, the hood is to be non -reflective, flat black 7.0 Lighting: 1.1 Headlights to have shatterproof type lens or have protective shatterproof covers. 7.2 Spotlight: to be mounted in left-hand pillar post. To be independent of ignition on separate 20 amp fused circuit. OEM. (Priced as option) 7.3 OEM Dome Lights 7.4 Daytime running lights OEM Package 942 8.0 Misceiianeous. 8.1 Publications to include factory service bulletins to all regional SEF Managers, and one (1) each operator's manual to be delivered with each vehicle. rs.l i ooi rut: i o oe equippea with wheel wrench and )acK. 8.3 Delivery Inspection: All final inspections for compliance to specifications on all patrol vehicles are conducted at FOB point. 8.4 Road Ready Package OEM Package 856 (Priced as option) 8.5 Ballistic Door Panels, Driver Only OEM Package 90D (Priced as option) 8.6 Ballistic Door Panels, Driver and Front Passenger, OEM Package 90E (Priced as option) 8.7 Ford SYNC with Reverse Sensing System, OEM Package 53M/76R (Priced as option) 8.8 Rear View Camera OEM Package 21 B (Priced as option) Section 111- Specifications CA1685-12 Contract for Police Vehicles 15_ Lot 3 Qty. Description Price 3a ea Ford Explorer, w/Special Service Package $25,646.00 Color: White w/Fiat Black Hood Delivered to Anchorage 3b ea Ford Explorer, w/Special Service Package $25,446.00 Color: Random Delivered to Anchorage Fuel Economy City/Highway: 17/23 Optional Pricin 3c. Road Ready Package OEM Package 856 $2,902.00 3d. Ballistic Door Panels, Driver Only OEM Package 90D $1,348.00 3e. Ballistic Door Panels, Driver and Front Passenger, OEM Package 90E $2,694.00 3f. Ford SYNC with Reverse Sensing System, OEM Package 53M/76R $485.00 3g. Spot Lamp, Driver only OEM Package 51Y $182.00 3h. Rear View Camera OEM Package 21 B (Includes Sync 53M) $459.00 DELIVERY NO LATER THAN 180 DAYS ARO FOB ANCHORAGE, AK Section IV- Bid Schedule CA1685-12 Police Vehicles ()b Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO ALASKA ENVIRONMENTAL & SAFETY SUPPLY, INC. FOR THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY EQUIPMENT ON ONE 2012 FORD EXPLORER, THE COST NOT TO EXCEED $7,740.00 WHEREAS, the City has requested to purchase one 2012 Ford Explorer patrol vehicle; and WHEREAS, the patrol vehicle must be professionally equipped with police emergency equipment; and WHEREAS, Alaska Environmental & Safety Supply, Inc. has equipped other patrol vehicles for the City with good customer service and has given an estimate of $7,740.00 for the purchase and installation of equipment for the 2012 Ford Explorer; and WHEREAS, the Police Department has sufficient funds to cover the cost of the equipment and installation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into an agreement with Alaska Environmental & Safety Supply, Inc. for the purchase and installation of police emergency equipment (excluding radios) on one 2012 Ford Explorer patrol vehicle, the cost not to exceed $7,740.00. Section 2. The cost of the equipment and installation, $7,740.00, will be charged to Motor Pool Fund Retained Earnings account number 102-000-3050. Section 3. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2012-034 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Seaward, Mayor im Agenda Statement Meeting Date: May 29, 2012 To: City Council Through: City Manager Jim Hunt From: Chief of Police Thomas Clemons Agenda Item: Approval for Purchase of Patrol Vehicle Equipment and Installation BACKGROUND & JUSTIFICATION: The police department has requested the purchase of a 2012 Ford Explorer Police Vehicle. If approved, that vehicle will need to be equipped with emergency and safety equipment. In prior years the City has contracted services from Alaska Environmental & Safety Supply, Inc. to purchase equipment and have the equipment installed. This company did an outstanding j ob and has honored warranty work flawlessly. The equipment needed for a new patrol vehicle consists of light bar, push bumper, headlight flasher, spotlight, prisoner partitions, Prisoner seat, gun mounts, pa and siren system, switch control station, etc. The Police Department has contacted Alaska Environmental & Safety Supply, Inc. and has been given a quote of $7740.00 to equip a new police vehicle. INTENT: Outfit a new police vehicle with equipment necessary to perform patrol duties. CONSISTENCY CHECKLIST: :::�TYes No N/A 1. Comprehensive Plan: (Page 14) Public Safety 2. Strategic Plan: (Page 18) Promote a Safe X 3. Other (list): X FISCAL NOTE: To be paid from Motor Pool Fund Retained Earnings account number 102-0000-3050. Funding was provided for in the FY2012 budget. Approved by Finance Department: Jw:o sN ATTORNEY REVIEW: Yes No X RECOMMENDATION: Recommend approval of Resolution 2012-©zlhorizing the City Manager to issue a purchase order for the purchase of equipment and installation of equipment for one new police vehicle from Alaska lnvironmental Safety & Supply, Inc., cost not to exceed $7740.00. �cjc) Alaska Safety, Inc. Quotation# 016673 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: (907) 561-8484 Bill To: City of Seward PO Box 167 Seward, AK 99664 Account ID Contact 00001144 Customer PO Telephone Facsimilie None (907) 224-3338 1 (907) 22441480 Ship To: City of Seward Police Department 410 Adams Street Seward, AK Special Order ❑ Drop Ship ❑ Quote Date Comments Special Instructions Terms 03/01/2012 1 2012 SUV build. I NET 30 Ship Via Date Required FOB Prepared By Order# Salesperson UPS GROUND 03/01I2012 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 PE38921-6 *MASTERCOM 100W FULL FEATURE SIREN $425.00 Z�41b.UU EACH FULLFEATURE 10OW SIREN ,PLUS NEW STYLE W/ Plug In Mic & Mic Jack 1 FDES100 *New DynaMax Speaker 100W Compact $180.00 $180.00 EACH 1 FDESB4MP08 Speaker Bracket $20.00 $20.00 EACH 1 SH14.0553 *Three outlet Power Port $30.00 $30.00 EACH 1 RMST7200-001 Dual Gun Mount w/Brackets $350.00 $350.00 EACH 1 WHJEBSP1 Justice Lightbar, 16 head Red & Blue $1,100.00 $1,100.00 EACH Butch, We put this bar on your 1997 Expedition back in 2010. This is the same exact lightbar. If this bar is working out for you great! If you would like something a little higher end, let me know. We stock several style of lightbars and they simply go up from here. The biggest downfall to this bar, is that we can not shut off the front of the lights. Higher end bars allow us to light up the rear with out turning on the front. The next step up would be an additional $495.00 or $1,595.00 for a Code 3 2700 lightbar. 1 LABOR Install Shop Labor $1,650.00 $1,650.00 EACH Install above equipment on any sedan type of vehicle. (Impala) plus customer supplied radio. Butch, The changes from the basic build start here: Date Printed 03/08/2012 If Total Price is not shown, see next page. Page #1 tdIll Alaska Safety, Inc. Quotation# 016673 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: (907) 561-8484 Bill To: City of Seward PO Box 167 Seward, AK 99664 Account ID Contact 00001144 Customer PO Telephone Facsimilie None (907) 224-3338 (907) 224-8480 Ship To: City of Seward Police Department 410 Adams Street Seward, AK Special Order ❑ Drop Ship ❑ Quote Date Comments Special Instructions Terms 03/01/2012 2012 SW build. I I NET 30 Ship Via Date Required FOB Prepared By Ordet# Salesperson UPS GROUND 03/01/2012 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 TYMC9BX12 CUSTOM MODCON CONSOLE 9" / 12" BOX $475.00 $475.00 EACH MODCON CONSOLE 9" FACE PLATES / 12" STORAGE BOX.... This is the same console as the last Impalas we built in 2009/10 for you. However.... If the SUV turns out to be a Expedition or Explorer with a floor shifter than this console will not work. The good news, is that the console that will work with Floor Shifters is less money. Not as big, but it stilt holds the equipment. 4 SOELUC2S010J *Universal Hide -a -Way LED Crnr LED- RIB $85.00 $340.00 EACH Red/Blue Split These are LED hide -away that we install in each corner. Very similar to corner strobes. 2 SOEGHSTIJ *Ghost Light, 6 LED's, Red & Blue model $125.00 $250.00 EACH This is the Ghost Light from Sound Off Signal. This particular part number has 6 LED's and is a split color model. 3 are red and 3 are blue. Installed on the side of the push -bumper for side lighting. 1 SOECVDMLTIMP Dome Light LED/Incand w/Imp Brkt $50.00 $50.00 EACH 1 ST10VS-RP Recess Panel Partition SUV Style $595.00 $595.00 EACH This is the front partition. 1 STPB400SUV Aluminum Push Bumpers f/ SUV $295.00 $295.00 EACH 99-02 03-06 07-to 11 1 WHSLPMMRB *Slimlighter Super -LED Series Red/ Blue $265.00 $265.00 EACH This is the rear deck light that we use a lot in SUV's. It is effective and works well. We have another option that has 3 traffic patterns. (Right,left and center out) but it would cost $400.00. 1 ST12-VS REAR COMPARTMENT PARTITION W/ METAL $395.00 $395.00 EACH Rear Partition Date Printed 03/08/2012 If Total Price is not shown, see next page. Page #2 �0a Alaska Safety, Inc. Quotation# 016673-] 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: (907) 561-8484 Bill To: City of Seward PO Box 167 Seward, AK 99664 Account lD Contact 00001144 Customer PO Telephone Facsimilie None (907) 224-3338 (907) 224-8480 Ship To: City of Seward Police Department 410 Adams Street Seward, AK Special Order ❑ Drop Ship ❑ Quote Date Comments Special Instructions Terms 03/01/2012 2012 SUV build. NET 30 Ship Via Date Required FOB Prepared By Order# Salesperson UPS GROUND 03/01/2012 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 ZZ9380SWD Dome Light,6" Clear,Button on Unit $20.00 $2t1.UQ EACH Extra Dome Light for Cargo Area. 1 ADEX1001 Ford Expedition 97 and up Prisoner Seat $1,300.00 $1,300.00 EACH Comments This quotation is good for 30 days from the date listed above. Thank you for the opportunity! Sub Total $7,740.00 Approved By: Date Printed 03/08/2012 Date If Total Price is not shown, see next page. EXMT 0% Tax $0.00 Freight $0.00 Grand Total $7,740.00 Deposit $0.00 Balance $7,740.00 Page #3 o2 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE EXPENDITURE OF CITY FUNDS WITH THE U.S. ARMY CORPS OF ENGINEERS FOR DREDGING IN THE SMALL BOAT HARBOR, AND APPROPRIATING FUNDS WHEREAS, dredging the Small Boat Harbor ("SBH") is critical to allow for safe navigation of vessels and to avoid vessel grounding incidents as have occurred due to build-up of sediment in the Small Boat Harbor; and WHEREAS, the U.S. Army Corps of Engineers has obtained funds to dredge the federal portion of the SBH and the City must pay to dredge the City's portion of the SBH; and WHEREAS, combining the City's portion of the work with the federal portion of the work appears to be the most cost effective approach; and WHEREAS, the City will utilize Commercial Passenger Vessel (CPV) tax funds to pay for a majority of the City's dredging costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to expend City funds with the U.S. Army Corps of Engineers for the purpose of dredging in the Small Boat Harbor. Section 2. Funding in the amount of $614,000 is hereby appropriated as follows: 1) $331,560 from the Commercial Passenger Vessel Fund Account No. 807-0000-3071-0276 to the `Dredging' Contracted Services Account No. 276-2763-5390, and 2) $282,440 from the Harbor Maintenance Repair and Replacement Fund ("MRRF") Reserves Account No. 402-0000-3071-0276 to the `Dredging' Contracted Services Account No. 276-2763-5390. Section 3. This resolution shall take immediately after adoption. ,oLA CITY OF SEWARD, ALASKA RESOLUTION 2012-035 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29"' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 29, 2012 Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: 2012 Budget Amendment for Harbor Dredging Project BACKGROUND & JUSTIFICATION: In 2009 the Harbor made plans with the US Army Corps of Engineers (COE) to dredge the Seward Small Boat Harbor to try to eliminate vessel groundings and to provide safer navigation. That project was not initiated beyond the planning stage due to federal budget constraints. (2003 and 2009 agreements with the Corps of Engineers are attached). Due to the federal uncertainties, the harbor staff did not anticipate that the dredging might be funded in Washington D.C. and did not request anything from Council in the 2012-2013 Harbor budgets. However, late in January 2012, City staff was informed that Congress had appropriated funds for the federal portion of the work. Part of the dredging is the federal government's responsibility and part is the City of Seward's responsibility. The City potentially could save significant money by piggybacking on the Corps project and avoiding the large mobilization and demobilization expense. In 2009, in preparation for the work, the COE sampled and tested the sediments to be dredged. It was determined that some of the dredged material is contaminated with low levels of hazardous chemicals specifically diesel range constituents (DROs) and polycyclic aromatic hydrocarbons (PAHs). After dredging, the contaminated sediments will be stored in a managed upland "land farm" operation in order to allow natural degradation. Meanwhile, the uncontaminated sediments are suitable for in -water disposal at a deep spot in Resurrection Bay just outside the harbor entrance. In accordance with the 2003 Cooperative Agreement between the COE and the City, the City has granted permission to the COE and its contractor to place the contaminated dredged materials at a four acre site on the east side of SMIC. This is the area formerly leased to the Racing Lions. The City will hire a consultant to prepare a site specific Stormwater Pollution Prevention Plan (SWPPP) under the construction general permit (CGP). At a minimum, site best management practices will include installation of storm water control measures such as silt fence which will remain in place until the new soil is stabilized or removed from the site. The sediment is expected to be placed at a distance of greater than 75 feet from waters of the United States and drinking wells are not located within 200 feet of the site perimeter. The sediments will be moved to SMIC by truck or by barge and then deposited in a shallow layer (14 inches thick or less). The dirt will be sampled and tested. There will be 40 DRO samples taken and 11 PAH samples taken. If the contaminants are above state cleanup standards, a remediation work plan that describes land spreading and re -sampling will be developed, based on the findings in the field. It is too early to estimate the extent and cost of that work. PACAB voted unanimously to support the project, t No cost): The COE is responsible for approximately 56% of the sediments (and 67% of the estimated Uncontaminated volume Contaminated sediments COE 1852 cubic yards 4896 cubic yards Ci 2898 cubic yards 2304 cubic yards Total estimated volume = 11,950 cubic yards The COE will pay the contractor's mobilization and demobilization costs. The City, in addition to furnishing and preparing the dredged material disposal site, will also be required to pay for the management and disposition of the sediments. And, the City will need to pay the COE, in advance no later than July 16, 2012 for the contractor's work dredging the sediments from the local responsibility portions of the harbor. As shown on the attached bid tabulation form, the City's quantities and costs are listed as optional items. Since the cost was not included in the Harbor's budget, the 2012 budget will need to be amended to reflect that additional cost. The COE has advised the City that the contractor proposal opening date is June 1. At that time, the City will learn what our actual project costs will be. INTENT: CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): ) Page 35- 1, "Continue to support, promote, enhance and develop harbor facilities to X accommodate Seward's growing demand for marine transport facilities." 2 Strategic Plan (document source here): Page 7- "Complete the renovation of the Small Boat Harbor." X 3. Other (list): FISCAL NOTE: The COE estimates a total cost of $1.8 Million for all of the dredging. The City's work is currently estimated at $614,000 (including the upland disposal site preparation). It appears that at least 54% (331,560) of the cost can come from the Commercial Passenger Vessel (CPV) or cruise ship tax (see February 28 letter to the Borough). As you may recall, these funds can only be used for certain restricted purposes. Of the City's estimated total volume of 5150 yards, 2400 yards are in the area of Z Float that will benefit the Coast Guard cutter Mustang and the City's fire boat. These boats respond to life safety emergencies so; the City will use Commercial Passenger Vessel (CPV) Tax funds to pay for the dredging in the area of Z Float. CPV monies (Fund 807) will also be used to pay for the upland site preparation and the sampling and analysis of the contaminated sediments. The Harbor Enterprise Fund will pay the remaining costs of the project. The latest figures show that there is $724,000 in the Harbor Maintenance Repair and Replacement (MRRF) Fund. This project cost of $282,440 would reduce the MRRF balance to $441,720. Those funds are not currently encumbered, but it is planned that they will be used for the replacement of D Float in 2013. If, at the COE bid opening on June 1, the contractor prices exceed the engineer's estimated cost and the City's budget allocation, the City has several options: 1. Fund the work from the CPV account only, since these funds are restricted. 2. In addition fund the area designated as Local area 3 at the 50-ton boat -lift. t0� Approved by Finance Department: J44a&D ATTORNEY REVIEW: Yes No X RECOMMENDATION: 0 City Council approve Resolution 2012 -0 authorizing the City Manager to expend City funds with the U.S. Army Corps of Engineers, in an amount not to exceed $564,000 representing the City's portion of the dredging costs of the project and an additional amount of $50,000 for the preparation of the dredged material site, for a total appropriation of $614,000. �0% Item No. Description 0001. Bid Performance, and Payment Bond Cost, complete. 0002. Mobilization and Demobilization, complete. 0003. Dredging and Dredged Material Disposal, Area F1 complete. 0004. Dredging and Dredged Material Disposal, Area F2 complete. 0005. Dredging and Dredged Material Disposal, Area F3 complete. 0006. Hydrographic Surveys for Base Items, complete 0007. Dredging and Dredged Material Disposal, Area L1 complete. (Enter price and amount for both): Alternative 1 Alternative 2 PROPOSAL SCHEDULE MAINTENANCE DREDGING SEWARD, ALASKA Estimated Unit Quantity Unit Price BASE ITEMS 1 Job Lump 1 Job Lump CWIDT TASK ORDER sum $ sum S 4, 950 CY $ $ 1,300 CY $ $ 550 CY $ $ 1 Job Lump sum $ Total. of Ttems 0001 thru 0006 $ OPTIONAL ITEMS 150 CY $ 2,250 CY $ Amount 0008. Dredging and Dredged Material Disposal, Area L2 complete. 2,250 CY $ $ 0009. Dredging and Dredged Material Disposal, Area L3 complete. 650 CY $ 0010. Hydrographic Surveys for Option Items 0007, 0008, and 0009, complete. 1 Job Lump sum $ Total of Optional Items (0007 Alternative 2 thru 0010) S Total of Base and Optional Items (0001 thru 0010) $ EVALUTIONS OF PROPOSALS. 1. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule will result in an incomplete offer and the offer will be rejected. Unit or lump sum prices must be shown for each item within the schedule. 2. AWARD: Award will be made to the low, responsive, responsible Offeror as determined in accordance with paragraph EVALUATION OF OPTIONS. 3. EVALUATION OF OPTIONS (52.217-005 JUL 1990): The Government will evaluate offers for award purposes by adding the total amount for the options (Item 0007 Alternative 2, Item 0008, Item 0009, and Item 0010) to the total amount for the basic requirements (It -ems 0001 thru 0006). Evaluation of the options will not obligate the Government to exercise the options. For Item 0007, either Alternative 1 or Alternative 2 may be awarded, but not both, based on available funds. 4. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer. 5. SPECIAL OFFER CONDITION: If a modification to an offer based on unit prices i.s submitted which provides for a lump sum adjustment to the total offer price, the application of the lump sum adjustment to each unit price in the offer schedule must be stated. If it is not stated, the Offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the proposal schedule. Si-2 1 o CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664-0167 February 28, 2012 Mayor Mike Navarre Kenai Peninsula Borough 144 N. Binkley Soldotna, Alaska 99669 RE: Cruise ship passenger tax proceeds Dear Mayor Navarre, Main Office (907) 224-4050 Police (907) 224-3338 Harbor (907) 224-3138 Fire (907) 224-3445 City Clerk (907) 224-4046 Community Development (907) 224-4049 Utilities (907) 224-4050 Fax (907) 224-4038 On behalf of the community of Seward, I would like to thank the Borough Assembly and administration for allocating the Commercial Passenger Vessel (CPV) excise tax to the cities of Seward and Homer, based on their pro-rata share of cruise ship passengers visiting each port. These funds have been critical to Seward's ability to provide improvements to our port infrastructure in support of cruise ships and their passengers. The City of Seward was asked to submit a letter requesting their allotment of 2011 cruise ship head tax proceeds, and to identify the intended use of these funds. AS 43.52.230(b) requires that "a city or borough that receives a payment under this subsection shall use the funds for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board those vessels." Seward's planned use of these `ports -of -call' funds will entirely meet these requirements. We have identified the following projects for utilization of CPV funds, including: 1) harbor dredging ($550K); 2) bus transportation for cruise passengers and crew ($200K); 3) ambulance services ($10K); 4) harbor restroom repairs and upgrades ($100K); 5) cruise ship dock maintenance and repairs ($220K); 6) cruise ship berth enhancements ($1.31 million), as well as other port and harbor infrastructure needs. We appreciate your support of our request, and look forward to working with you to enhance facilities for the cruise ship industry in our region, incerely, ames Hunt, City Manager i\a 'T" a. -N VA 5-E TO 13' 1 , �� \�.1,�_ �--3 Ji.VW7O�,, UREU ALL (MAX PAYLINE TO -?4 11w gj Yi AR I (OAF'e�-6 :—i MLLW PAY -16, 4 MAX PA�LINE fw' I/A X I N jf y Y A Y12 I. R /DREDGE . I' � uAX PMUNE�'-13.5; MLL �t is -1 k OX- r�AN 2; 6 lk if r—j wt� <: I" -7 Ell, ' IA' \ - AREA L-2 DREDGE TO -1s (MAX PAYUNL TU—Tt-,-_�L j V V �'il a I14�Ir 1, r _� / _ /i �! 7 / 1 (~/ ` { — 3\11 Fly IN iii EXIST, PARKING AREA Sy Ad) V it " P LICHT 2-(— SMIC Over -head Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR A LEGAL JUDGMENT WITH RBCA IN THE AMOUNT OF $92,399.13 WHEREAS, the City of Seward was named defendant in a lawsuit brought in 2008 against the City by the Resurrection Bay Conservation Alliance, et al.; and WHEREAS, the outcome of that lawsuit is that the City is now authorized to operate an industrial vessel repair and maintenance facility at the upland boat storage area and to discharge contaminated stormwater allowed by a National Pollutant Discharge Elimination System ("NPDES") permit, and the court agreed with the City that the City is not operating an industrial vessel repair and maintenance facility at the small boat harbor, and that the City is not discharging metals and other pollutants into Resurrection Bay, and that the City is not required to remove the alleged pollutants from the Bay that RBCA alleged to be present but admitted that there was no evidence; and WHEREAS, the court originally held that both parties would bear their own costs and fees in the matter; and WHEREAS, the plaintiffs appealed the matter twice and requested costs and attorney's fees since the outcome of the case required that the City of Seward take action (namely, to apply for a NPDES permit), and plaintiffs alleged that they prevailed on the matter and were, therefore, entitled to costs and fees; and WHEREAS, the United States District Court for the District of Alaska ruled on February 24, 2012 that attorney's fees and costs were to be awarded to RBCA, et al. in the amount of $92,399.13, or approximately 60% of the amount requested by RBCA, and the City is obliged to make such payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Funding in the amount of $92,399.13 is hereby appropriated from the Harbor Enterprise Fund Reserves Account 401-0000-3050 to Legal Settlement Account 401-4370-5172. Section 2. The City Manager is hereby directed to make payment in the amount of $92,399.13 to RBCA, et al., in Case No. 3:06-cv-00224-RRB, as mandated by the U.S. District Court for the District of Alaska. Section 3. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2012-036 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk THE CITY OF SEWARD, ALASKA David Seaward, Mayor I 16 Council Agenda Statement Meeting Date: May 29, 2012 From: James Hunt, City Manager Agenda Item: Payment of Required Legal Settlement with RBCA et al BACKGROUND & JUSTIFICATION: A lawsuit was filed against the City of Seward ("City") in 2008 by the Resurrection Bay Conservation Alliance, et. al ("RBCA"), alleging contamination by the City, into Resurrection Bay. The plaintiffs did not produce evidence of any kind, supporting the allegations of contamination. However, as a result of that lawsuit, the court determined that the City had 90 days to apply for a NPDES permit, and that both parties would bear their own costs and fees in the matter. (The City had previously attempted to apply for a permit but was informed by EPA that because the City did not conduct boat repairs or otherwise operate an industrial vessel repair and maintenance facility, a permit was not necessary.) However, RBCA appealed the court's ruling and requested costs and attorney's fees since the outcome of the case required that the City of Seward take action (namely, to apply for a NPDES permit). Based on that ruling, RBCA alleged that they were the prevailing party and entitled to recovery of their costs and fees. On February 24, 2012, after two appeals to the Ninth Circuit Court of Appeals, the United States District Court for the District of Alaska amended the decision to require that attorney's fees and costs in the amount of $92,399.13 were to be paid by the City to RBCA. This reflects approximately 60% of the amount RBCA asked the court to order the City to pay. Neither party appealed. The court's ruling is binding on the City of Seward and the City is required to remit this payment. Upon approval of the city manager, payment in the amount of $92,399.13 has been remitted to the Trustees of Alaska as requested by the plaintiff's attorneys, and the administration is seeking the City Council's after -the -fact approval of an appropriation for this purpose. INTENT: The intent of this action is to appropriate funds to pay for a judgment mandated by the U.S. District Court. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X I 2. Strategic Plan (document source here): X �3. Other (list): See attached ruling from U.S District Court X ATTORNEY REVIEW: X Yes No FISCAL NOTE: The budget does not include funding for this settlement, so the amount of $92,399.13 will come from the Harbor Enterprise Fund Reserves. Approved by Finance Department: 44eI 61 RECOMMENDATION: City Council authorize after -the -fact approval of an appropriation in the amount of $92,399.13, and payment to Trustees of Ataska, as required by the U.S. District Court. \—I Case 3:06-cv-00224-RRB Document 67-1 Filed 02/22/08 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA RESURRECTION BAY CONSERVATION ALLIANCE, et al, Plaintiff, Case Number 3:06-cv-00224-RRB V. CITY OF SEWARD, ALASKA, Defendant. JUDGMENT IN A CIVIL CASE JURY VERDICT. This action came before the court for a trial by jury. The issues have been tried and the jury has rendered its verdict. XX DECISION BY COURT. This action came to trial or hearing before the court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED: THAT the City of Seward is required to apply for a NPDES permit. The City shall proceed in due course to apply for an NPDES permit and begin such efforts within 90 days hereof. Her past-y-� burr-rt�rrtrc� -fees-i�rttrr� Attorney fees in the amount of $89,505.00 and costs in the amount of $2,894.13 awarded to plaintiffs* APPROVED: s/RALPH R. BEISTLINE RALPH R. BEISTLINE United States District Judge Date: February 22, 2008 Mors: Award of prejudgment interest, costs and attorney's fees are governed Ida Romack, Clerk of Court by D.Ak. LR 54.2, 54.3, and 58.1. *Judgment redistributed 2/24/12 with attorney fees and costs added. [J{JMT2.WPT'Rev.3/03} 1 t t Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE SEWARD/KENAI PENINSULA HIGHWAY TRANSPORTATION CORRIDOR SAFETY INITIATIVE WHEREAS, the Seward and Sterling highways are among the most critical and heavily traveled traffic corridors in the state of Alaska; and WHEREAS, the Seward and Sterling highways provide access for all visitors and users to Kenai Peninsula communities and state resources; and WHEREAS, geography, weather and roadway configurations combine to make the traffic corridors from Anchorage to Seward and Homer very dangerous; and WHEREAS, a well -conceived, funded and implemented plan for upgrades and improvements for the Seward and Sterling highways will result in fewer traffic accidents and fatalities; and WHEREAS, improved traveling safety for our families, children, businesses and visitors is among our highest of priorities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council of the City of Seward supports convening a comprehensive group of stakeholders committed to securing safe ground transportation from Anchorage to Seward and the western Kenai Peninsula. Section 2. The City Council of the City of Seward supports preparation of a Memorandum of Agreement to define the objectives of the stakeholder group. Section 3. The Memorandum of Agreement shall be signed by all stakeholders and communicated to all pertinent local, state and federal agencies. Section 4. Citizen user groups will be educated regarding the extent of problems and fully engaged in identifying and implementing solutions to the problems. Section 5. A stakeholders' oversight group shall be formed to follow implementation of solutions in a timely manner. CITY OF SEWARD, ALASKA RESOLUTION 2012-037 Section 6. This resolution shall take immediately after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29t" day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA David Seaward, Mayor a c) Council Agenda Statement Meeting Date: May 29, 2012 Through: City Manager Jim Hunt Agenda Item: Highway Safety Corridor BACKGROUND & JUSTIFICATION: The Seward and Sterling highways are among the most dangerous highways in Alaska. Winter road conditions, bad weather, high volume seasonal use, animals, and other issues often combine to make travel to and from Anchorage very dangerous. The Seward /Kenai Peninsula Highway Transportation Corridor Initiative will create a stakeholder's group of interested and involved entities along both highways who will assess these dangers and define their objective in a Memorandum of Agreement. This group's MOA will then be communicated to local, state and federal agencies with the applicable information and resources for addressing the myriad of safety issues on these highways. The goal of the initiative is to implement life saving measures along the highway by improving the safety of ground transportation to Seward and the Western Kenai Peninsula. INTENT: Support the creation of a stakeholders group who will research and implement the Seward/Kenai Peninsula Highway Transportation Corridor Initiative. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Economic Development and Transportation Pages 18, 23 and 24 X 2. Strategic Plan (document source here): Pages 3, 5, 13 and 16 X 3. Other (list): X FISCAL NOTE: Passage of this resolution of support has no fiscal impact on the City of Seward. Approved by Finance Department: Ya, ATTORNEY REVIEW: Yes No X RECOMMENDATION: q City Council approve Resolution 2012 - O� kupporting the Memorandum of Agreement and Seward/Kenai Peninsula implementation. creation of a stakeholders group, Highway safety corridor initiative AGENDA STATEMENT Meeting Date: May 29, 2012 From: Johanna Kinney, City Clerk Agenda Item: Non -objection to the Transfer of Ownership (Stock) for Seward Alehouse, Beverage Dispensary License #324 BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the Transfer of Ownership (Stock) for Seward Alehouse, Beverage Dispensary License #324. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to this transfer of ownership. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above transfer of ownership, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Transfer of Ownership (Stock) for Seward Alehouse, Beverage Dispensary License #324. MEMORANDUM Date: May 4, 2012 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief David Squires Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For The Transfer of Ownership (Stock) for the Seward Alehouse, License #324 The following business has applied for a transfer of ownership (stock) under Beverage Dispensary License 4324. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Seward Alehouse Type of Application: Transfer of Ownership (Stock) Type of License: Beverage Dispensary License Number: 324 Department Status Initials Finance/Leases N 1 Finance/Utilities Police Chief Fire Chief 1AS KENAI PENINSULA BOROUGH �= 144 North Binkley Street . Soidotna.. Alaska 99669-7520 PHONE: (007) 714-2160 • FAX: {9©� i 714-2388 Toll-freewithin the Bcrough: 1-800-478-4441 Ext.2160, Email: assemblyclerk@borough.kenai.ak...us JOHNI BLANKENSHIP BOROUGH CLERK May 9, 2012 Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, Alaska 99507 RE: Transfer of Ownership/Corporation Name/Stock New Licensee/Applicant Seward Alehouse, Inc. New Business Name The Seward Alehouse License Type Beverage Dispensary License Location City of Seward License No. 324 Previous Licensee/Applicant Seward Wheelhouse, Inc. Previous Business Name The Seward Alehouse Dear Ms. Lambert The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection, based on unpaid or delinquent taxes, to the transfer of ownership and business name change as referenced above. Should you have any questions, please don't hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr cc: Applicant City of Seward KPB Finance Department File State of Alaska Department of Public Safety _ � y Alcoholic Boverave cowel Board Sean Parnell, Governor Joseph A. Masters, Commissioner May 4, 2012 City of Seward Attn: Brenda Ballou & Johanna Kinney, City Clerks VIA Email: bbaliou(a)cityofseward.net clerk(cD-cit)Lpfsewa rd . net Cc: ilingafelt(a't_borouq_h.kenai.ak.us jblankenship aC )borough.kenai.ak.us kringPborough.kenai.ak.us Seward Alehouse, Inc. DBA The Seward Alehouse — Beverage Dispensary License #324 ❑ New Application Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above fisted licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS O4.11.520. Additional information concerning filing a "protest" by a Vocal governing body under AS O4.11 A80 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a); the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director Sarah Q Dates Business Registration Examiner sarah.oates@alaska.gov (907)269-0356 Alcoholic Beverage Control Board 5848 E Tudor Ltd - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 iae Alcoholic Beverage Control Board Transfer Liquor License PAGE I OF 2 5848 E Tudor Rd (907) 269-035 Anchorage, AK 99507 Fax: (907) 272-9412 www.d ps.state.ak.usiabc This application is for: ❑ Seasonal —Two Cr-month periods in each year of the biennial period beginning and ending tg� Full 2-year period Mo/Day Mo/Day ECTION A - LICENSE INFORMATION. Must be completed for all types of applications. FEES License Year: ,iceenseType: Statute Reference LicenseFee: $ "�� Sec. 04.11 __ {�� it ing l"u.: $100 40 LA 3 1 License 4: Local Governing Body: (City,, Borough or Unorganized) Cl �`' V i J W %Z r Community Council Name(s) & Mailing Address: 9'W aA C i- c' C6V At I 1 Fingerprint: S54Z5 per persont 130 x i V 1 �+ \� 1� 1` t L I L rotal ubmitted: 5 ame of Applicant (Corp(LLCILP/LLnP/Indivipdual/Pa/r�tnership): Doing Business As (Business Name): usiness Telephone Number: e vwc S CL__- 0`1 7Z� -Z_3 3 l-'ax Number. flailing Address: AH Box 2- Street Address or Location of Premise: 2 ! s ram- : Email Address: _t,c yet" UU 41 ity, State, Zip: sew al r' _ C16 `C .. 1 ECTION B - TRANSFER INFORMATION. Regular Transfer ransfer with security interest. Any instrument executed under AS 'r, Na.Me and Mailmg,.Nddress of CURAENT Licensee:. / AS O4.11:360(4)(b) in later involuntary a 0 2.- A. 11.610 for purposes of applying a Business Name (dba) BEF ansfer: ansfer, must be filed with this Application (15 AAC 104.107). Real or rsonal property conveyed with this transfer must be J� I i f �'✓ escribed. Provide security interest documents. Involuntary Transfer. Attach documents which evidence default under tr,Addre rLocationE141(JRE transfgc TL 1L 1. 1 (�l'�i,V S O4.11.670. i ECTION C - PREMISES TO BE LICENSED. Must be completed for RELOCATION applications. losest school grounds:, ance measured under. rt7 AS 04.11.410 OR Premises is GREATER than 50 miles.from the boundaries of an incorporated city, borough, or unified municipality. 0 Local ordinance No. ❑ Premises is LESS than 50 miles from the boundaries of an incorporated city, borough, or unified municipality. Not applicable losest church: tartce measured under, �"SAS O4.11.410 OR Local ordinance No. _ Premises to be licensed is: yy} fl "Plans submitted to Fire Marshall (required for new & proposed buildings) ❑ Proposed building lNr ' ' + (1 Diagram of premises attached r xisting facil'+ty New building Poes anv individual, corporate officer, director, invited liability organization member, manager or partner named in this application have any direct or indirect interest in y uUier alchol oic beverage business licensed in Alaska or any other state? Yes 4-No If Yes, complete the following. Attach additional sheets if necessary. Narne Name of $usiness Type of License Business StreetAddress state <e tm MY Approved irector's Signature �al Alcoholic Beverage Control Board T 5848 E Tudor Rd Liquor License Anchorage AK 99507 PH: 907 269-0350 - FX: 907 272-9412 PAGE, 2 of 2 Licensee Information wtivw.dps.state. ak. us/a be Has any individual, corporate officer, directot, limited liability organization member, manager or partner named in this application been convicted of a felony, a violation ofAS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor taws of that state? ❑ Yes o if Yes, attach written explanation. CO r PCX-CUA; �ln N- Y 2. G�`iG� �r A7o �3e w af d A- 0 xS -e Y-L C- �a� 5/15/2012 Run Date - 5/15/12 @ 4:31 PM % Variance Actual MTD Budget MTD MTD 180 178 1.1% 473 468 1.1 % 142 128 10.9% 1,012 1,175 (13.9%) 1,807 1,949 (7.3%) 3 31 (90.3%) 305 369 (17.3%) 2 - - 22 71 (69.0%) 332 471 (29.5%) 195 81 140.7% 1,280 1,397 (8.4%) `-� 12 6 100.0% 763 698 9.3% 4163 236 (30.9% 2 5 (60.0% 83 74 12.2% 166 186 (10.8% 2 2 1 4 (75.0% - 1 (100.0%) 52 59 (11.9%) 1,232 1,265 (2.6%) 1,232 1,265 (2.6%) 60 138 (66.5%) 60 138 (56.5%) Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of April 2012 % Variance Last Year % Variance Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: Acute Care -Inpatient 905 707 28.0% 756 19.7% Acute Care -Outpatient 2,088 1,890 10.5% 1,781 17.2% Primary Care 571 525 8.8% 421 35.6% Long-term Care 4,091 4,739 (13.7%) 4,571 (10.5%) Homecare & Hospice - - - - - Housing & Assist. Living - - - - - Total Gross Service Revenues 7,655 7,861 (2.6%) 7,529 1.7% Revenue Deductions: Charity Care Medicare & Medicaid Negotiated Contracts Other Total Deductions Bad Debt Net Service Revenue Premium Revenue Rental and Education Revenue Other Operating Revenue Total Net Operating Revenues Expenses from Operations: Purchased and Healthcare Expenses Other Expenses from Operations: Salaries & Wages Employee Benefits Professional Fees Supplies Purchased Service Depreciation Interest and Amortization Bad Debts Taxes and Licenses Other Expenses Total Other Exp from Operations Total Operating Expenses Excess of Rev Over Exp from OPS Non -Operating Gain (Loss) 74 123 (39.8%) 134 (44.8%) 1,242 1,489 (16.6%) 1,430 (13.1%) 8 - - 60 (86.7%) 277 290 (4.5%) 196 41.3% 1,601 1,902 (15.8%) 1,820 (12.0%) 143 331 (56.8%) - - 5,911 5,628 5.0% 5,709 3.5% 30 23 30.4% 48 (37.5%) 5,941 5,651 5.1% 5,757 3.2% 3,100 2,786 11.3% 2,865 8.2% 852 903 (5.6%) 813 4.8% 26 18 44.4% 77 (66.2%) 335 300 11.7% 326 2.8% 867 744 16.5% 893 (2.9%) 8 7 14.3% 7 14.3% 8 17 (52.9%) 9 (11.1%) - - - 177 (100.0%) 2 3 (33.3%) 2 - 460 235 95.7% 281 63.7% 5,658 5,013 12.9% 5,450 3.8% 5,658 5,013 12.9% 5,450 3.8% 283 638 (55.6%) 307 (7.8%) Excess of Revenues Over Expenses 283 Other Activity -Unrestricted (979) Increase (Decrease) in UR Net Assets (696) 1 638 (55.6%) 307 (7.8%) (715) (408) (70.6%1 4:31 PM DET OPS 5/15/2012 PRELIM - Run Date - 5/15/12 @ 4:31 PM ASSETS Current Assets: Cash and Cash Equivalents System Pooled Cash Mgmt Designated Cash & Cash Equiv. Short Tenn Investments Assets Held Under Securities Lending Accounts Receivable, Net Affiliate Receivable Premiums Receivable Other Receivables Supplies Inventory at Cost Other Current Assets Current Port. of Assets -Use is LTD Total Current Assets Assets Whose Use is Limited: Mgmt Designated Cash and Investments Funds Held for Long-term Purposes Gift Annuity and Trust Funds Funds Held by Trustees Non -Current Assets Limited as to Use Property. Plant & Equipment: Gross Property, Plant & Equipment Less: Accumulated Depreciation Net Property, Plant & Equipment Other Assets: Unamortized Financing Cost Interaffiliate Notes Receivable Other (Intl. Long-term Investments) Total Other Assets Total Assets Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of April 2012 April 2012 December 2011 Actual Last Year (1,950) (1,991) 2,355 2,477 (34) 907 15 2 386 1,395 2,016 2,071 2,016 2,071 118 107 (104) (96) 14 11 32 30 32 30 2,448 3,507 LIABILITIES & NET ASSETS Current Liabilities: Accounts Payable Accrued Compensation Affiliates Payable Payable to Contractual Agencies Deferred Revenue/Uneamed Premiums Liability for Unpaid Medical Claims Liability for Risk -Sharing Liabilities Under Securities Lending Other Current Liabilities Short -Term Debt Current Portion of Long -Term Debt Total Current Liabilities Long -Term Debt: Master Trust Debt Loans from Affiliates Other Long -Term Debt Other Long -Term Liabilities Total Liabilities Net Assets: Unrestricted Temporarily Restricted Permanently Restricted Total Net Assets Total Liabilities and Net Assets 8 April 2012 December 2011 Actual Last Year 172 226 830 900 302 361 42 22 2,640 2,834 3,986 4,343 38 44 4,024 4,387 (1,579) (883) 3 3 (1,576) (880) 2.448 3,507 4:31 PM BAL_SHT 5/15/2012 4:31 PM PRELIM - Run Date - 5/15112 @ 4:31 PM Providence Health & Services CASHFLOW 110 - MGD - PROV SEWARD MED CTR Statement of Cash Flows (in Thousands) Reported as of April 2012 Operating Activities: Change in Net Assets Adjustments to Reconcile to Net Cash Provided by Operating Activities: Depreciation Amortization Provision for Bad Debts Extraordinary Items and Other Loss (Gain) on Sale of Cap. Assets Equity Income from Joint Ventures Changes in Certain Current Assets/Liab. Increase (Decrease) in Other Liabilities Restricted ContribAnvestment (Income)Loss Net Assets (Contributed)Assumed and Other Net Real./Unreal. (Gains)Losses on Invest Net Cash Provided by (Used in) Op. Act. InvestinaActivities: / PP&E Additions Proceeds on the Disposal of PP&E Purchases of Investments Proceeds on the Sale of Investments Capital Contributions to Joint Ventures Distributions from Joint Ventures (Increase) Decrease in Other Long -Tenn Assets Net Assets (Liab.) Assumed and Other Net Cash Provided by (Used in) Inv. Act. April2012 April2011 Current Year Last Year (696) (408) 8 7 143 177 550 460 (6) (7) (11) - 989 715 977 9" 55 (526) (2) (1) 42 (627) Financing Activities: Proceeds from Rest Contrib. and Invest Inc. Debt Borrowings Debt Reductions (Increase) Decrease in Def. Financing Costs (Increase) Decrease in Funds Held by Trustee Interdivision Transfers & Other Net Cash Prov by (Used in) Financing Act. Increase (Decrease) in Cash & Cash Equiv. Cash & Cash Equiv- Beginning of Period Cash & Cash Equiv- End of Period Supplemental Disclosure: Cash Paid for Interest, Net of Capital Capitalized Lease Obligations is] April2012 April2011 Current Year Last Year 11 _ (989) (715) (978) (715) 41 (298) (1,991) (414) (1.950)_ (712) 8 9 12 SuMo TuWFr Sa SuMo TuWTh Fr Sa May 2012 May e Th June e Th 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Apr 30 May 1 2 3 4 7:00pm P&Z Meeting 12:00pm PACAB Meetin �r a 0 m a Q 7 8 9 10 11 11:30am Seward Comm a 14 15 16 17 18 5:30pm CC WS 6:00pm P&Z Work Ses 6:30pm Historic Preser 9:00am Social Security 7:00pm City Council M 00 v 21 22 23 24 25 7:00pm CC WS 3:00pm Seaton Meet a Ln >, ra 28 29 --.— 30 31 Jun 1 Offices Closed; Memoi 5:30pm CC WS 7:00pm City Council M c 00 N T Nand Richey l �a 5/23/2012 9:44 AM June 2012 JuneJuly SuMo TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursday Friday May 28 29 30 31 Jun 1 C 00 N T 4 5 6 7 8 7:00pm P&Z Meeting 12:00pm PACAB Meetin 00 v c 1 12 13 14 15 6:00pm CC WS 11:30am Seward Comm 7:00pm City Council M 18 19 20 21 22 6:00pm P&Z Work Ses 12:00pm PACAB Work 5 9:00am Social Security 6:30pm Historic Preser N N 00 r-1 C 7 25 26 27 28 29 7:00pm City Council M rn N Ln N Nanci Richey 5/23/2012 9:44 AM