2017-10-19 Regular Meeting
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231.
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, October 19, 2017, 6:30 p.m., Assembly Chambers
Page
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES - None
6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
A.
Agenda Items Not Scheduled For Public Hearing And General
Comments
7. AWARDS AND PRESENTATIONS
5
A.
Filipino American National History Awareness Month
Proclamation
2017 Filipino American History Awareness Month Procmalation
6 - 39
B.
Alaska Aerospace Corporation Update - President and CEO
Craig E. Campbell
KIB Assembly Overview October 2017
C.
Employee Of The Quarter
D.
Longevity Award - John Rhines
8. COMMITTEE REPORTS
9. PUBLIC HEARING
40 - 73
A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use
Map By Changing The Future Land Use Designation of Lot 26A,
Page 1 of 216
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231.
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
U.S. Survey 3098 From Urban Residential To Commercial (P&Z
Case 17-028).
Ordinance No. FY2018-08 Future Land Use Map Amndt (P&Z
Case 17-028). Packet - Pdf
74 - 111
B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098
From R1-Single-Family Residential District to B-Business District
(P&Z Case No. 17-029).
Ordinance No. FY2018-09 (P&Z Case No. 17-029) Packet - Pdf
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
13. NEW BUSINESS
A. Contracts
B. Resolutions
112 - 124
A.
Resolution No. FY2018-13 Ratifying And Certifying The
Results Of The October 3, 2017 Municipal Election.
Output Document (AS - 0703) - Pdf
C. Ordinances for Introduction
125 - 134
A.
Ordinance No. FY2018-01A Amending Ordinance No.
FY2018-01, Fiscal Year 2018 Budget, By Amending
Budgets To Account For Various Revenues That Are Over
Budget, Providing For Additional Expenditures And Moving
Funds Between Projects.
Output Document (AS - 0693) - Pdf
135 - 168
B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates
Tract From R3-Multifamily Residential District To R1-
Single-Family Residential District (P&Z Case No. 18-002).
Ordinance No. FY2018-32 and Back-up - Pdf
169 - 184
C.
Ordinance No. FY2018-10 Reestablishing Boards,
Committees, and Commissions as Established in the
Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel Chapter 2.100 Boards,
Page 2 of 216
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231.
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Committees, and Commissions.
Output Document (AS - 0193) - Pdf
185 - 192
D.
Ordinance No. FY2018-11 Amending Kodiak Island
Borough Code Of Ordinances Title 2 Administration And
Personnel, Chapter 2.17 Rules Of The Assembly, Section
2.30.020 General Rules To Allow Participation By
Assembly Members By Teleconference During Meetings
Output Document (AS - 0697) - Pdf
193 - 199
E.
Ordinance No. FY2018-12 Amending Title 2 Administration
And Personnel Chapter 2.30 Rules Of The Assembly
Section 2.30.030 Types Of Meetings To Allow The
Assembly To Set And Adopt Its Meeting Calendar For The
Following Year By Resolution
Ordinance No. FY2018-12 Meeting Calendar Change
Output Document (AS - 0698) - Pdf
D. Other Items
A.
Administration of Oath of Office to Newly Elected Officials.
B.
Presentation To Outgoing Assembly Members.
14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
15. ASSEMBLY MEMBERS' COMMENTS
16. ADJOURNMENT
17. INFORMATIONAL MATERIALS (No Action Required)
A. Minutes of Other Meetings
200 - 209
A.
Architectural/ Engineering Review Board Regular Meeting
Minutes Of August 1, 2017; Fire Protection Area No.1
Regular Meeting Minutes of July 11, 2017 And Special
Meeting Minutes of July 18, 2017; And Womens Bay
Service Area Board Regular Meeting Minutes Of
September 12, 2017.
Minutes
B. Reports
210 - 216
A.
September 2017 Projects Reports, Project Budget Status,
Page 3 of 216
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231.
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Change Orders Report, Project And Contingency Budget
Detail Report, And Bonds Project Summary Report.
September 2017 Project Reports
Page 4 of 216
Office of the Mayor
Kodiak Island Borough, Alaska
Proclamation
DECLARING OCTOBER 2017 AS
FILIPINO AMERICAN NATIONAL HISTORY MONTH
WHEREAS, Filipino American history and culture must be promoted because of the role of
Filipino Americans in the history of Kodiak and Alaska; and
WHEREAS, positive role models will be able to instill and teach the Filipino American youth
the importance of education, ethnicity, and values of their legacy; and
WHEREAS, Kodiak is fortunate to count among its population a large concentration of
citizens of Filipino descent, including those who have lived in Kodiak for generations and those
who are new to the Kodiak area, who contribute to Kodiak's economy and society through their
commitment to professions, commerce, family, and the arts;
NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough do hereby
proclaim the month of October 2017 as:
Filipino American National History Month
as established by the trustees of the Filipino American National Historical Society.
In witness whereof, I have hereunto set my
Hand and cause this seal to be affixed.
_____________________________
Daniel Rohrer, Borough Mayor
Attest: ________________________
Date: ________________________
AGENDA ITEM #7.A.
Filipino American National History Awareness Month Proclamat...Page 5 of 216
Kodiak Island
Borough Assembly
October 2017
Overview Presentation
Craig E. Campbell
President & CEO
Alaska Aerospace
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Alaska Aerospace Corporation – Overview
•Alaska Aerospace Corporation (AAC) was created in 1991 as a
public corporation of the State of Alaska
•AAC is an independent corporation under a nine person board of
directors, appointed by the Governor
•Kodiak Island was selected because of its access to the southern
sky and to high Inclination orbits that do not overfly land and its low
risk to public safety
•The Pacific Spaceport Complex – Alaska (PSCA) is a US Federal
Aviation Administration (FAA) licensed commercial spaceport
•AAC employs approximately 40 personnel, with facilities in
Anchorage and Kodiak, Alaska, as well as an office in Huntsville,
Alabama
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Reconstruction Update
•August 25, 2014 Flight Failure
Facilities Damaged:
o Launch Service Structure – Significant
o Integrated Processing Facility – Significant
o Spacecraft Assembly and Transfer Facility – Total Loss
o Rocket Motor Storage Facility – Minor
o Payload Processing Facility - Minor
Before Accident After Accident
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Rededication and Return to Flight Event
•Ceremony Held August 13, 2016
•Public Invited
•Approximately 100 people attended
•The Pacific Spaceport Complex – Alaska
is open for business!
Add Pictures
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Mission History
YEAR MONTH SPONSOR MISSION
1998 NOV USAF AIT-1
1999 SEP USAF AIT-2
2001 MAR USAF QRLV-1
SEP NASA/USAF Kodiak Star
NOV USASMDC STARS WCRRF
2002 APR USAF QRLV-2
2004 DEC MDA IFT-13C
2005 FEB MDA IFT-14
2006 FEB MDA FT04-1
SEP MDA FTG-02
2007 MAY MDA FTG-03
SEP MDA FTG-03a
2008 JUL MDA FTX-03
DEC MDA FTG-05
2010 NOV USAF STP S26
2011 SEP ORS/USAF TacSat-4
2014 AUG SMDC AHW FT-2
2017 JUL MDA FTT-18
JUL MDA FTT-15
Denotes Winter Launches (~37% of total)
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Financial Snap Shot
CY2015 CY2016 CY20173
•Year Start Operating Funds $7.1 M $7.4 M $5.4 M
----------------------------------------------------------------------------------------------------------------------------------------
•Revenues $3.1 M $12.1 M $14.8 M
•State O&S Funding1 $6.0 M $0.0 M $0.0 M
•Expenses $8.8 M $21.5 M $17.6 M
•Net Income (Loss)2 $0.3 M ($2.0 M) $2.6 M
----------------------------------------------------------------------------------------------------------------------------------------
•Retained Federal Funds $3.3 M $0.3 M $0.3 M
1 State Operations and Sustainment Funding ended December 2014
2 Does not include depreciation
3 Unaudited
AAC’s return to Alaska is over 5 times the investment
Potential Financial Exposure Issue:
If the launch complex were shutdown, there is a risk the Department
of Defense will seek at least a partial reimbursement of its
approximately $150 million investment in the facility since it would
no longer be available for use by Federal government. Additionally,
the projected cost to remove the facilities and return the land to its
original condition is estimated to cost in excess of $100.0 million
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Missile Defense Agency Contract
•Signed a Multi-Year Multi-Launch
Indefinite Delivery/Indefinite
Quantity (IDIQ) Contract with Missile
Defense Agency (MDA) in early 2016
•Contract Value – NTE $80.4 Million
•Site Preparations Started – July 2016
•First THAAD launch – July 10, 2017
•Second THAAD launch – July 29,
2017
•MDA under contract for launch in 2018
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The Calm Before The Launch
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Commercial Launch Market
•The emerging small launch vehicle market has a need for both
equatorial and polar launch sites
•The new space industry is seeking low cost, schedule assurance for
launching new technology satellites
•Alaska Aerospace Board of Directors in 2015 authorized pursuit of
establishing an equatorial launch site to give the Company the ability to
launch satellites into both polar and equatorial orbit
•Number of new small launch vehicle customers
•Rocket Lab
•Vector Space Systems
•Astra
•Firefly
•ABL
•Relativity Space
•Interstellar Technologies
•Zero Point Frontiers
•Alaska Aerospace seeks a niche market serving these new companies
with both polar and equatorial launch capabilities
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Rocket Lab USA Contract
•Rocket Lab Electron is designed for a nominal payload of 150kg (330+
pounds) to a 500km (300+ miles) sun-synchronous orbit.
•AAC under contract to support Rocket Lab Test and Certification
Launches in New Zealand through 2017 valued at $2.2 Million
•Rocket Lab First Launch – May 25, 2017 from New Zealand
•Next launch is scheduled December 4-17, 2017 in New Zealand
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Vector Space Systems
•Garvey Spacecraft, rebranded to Vector Space Systems in 2016), announced
PSCA as host range for the company’s Nanosat Launch Vehicle (NLV) flight
test program – June 2015
•Garvey Spacecraft conducted non-launch Pathfinder at PSCA – July 2015
•Negotiating Launch Contract for the Vector-R from PSCA for 2018
2015 PSCA Pathfinder Vector-R Launch Vehicle
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Astra Launch Vehicle Developer
•AAC has contract with Astra for launches from PSCA starting in
early 2018
•Requires equatorial launch facility by 2018/2019
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Xbow Launch Vehicle
•Height: 17 m (55 ft)
•Diameter: 1.7 m
•Mass: 28,240 kg
•Fuel: Solid Fuel
•Payload to Orbit: 250 kg to 400 km sun-
synchronous orbit
•First Launch: October 2015* (PMRF)
•Projected PSCA Launches: 2019 AG
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Equatorial Launch Site Initiative
•In November 2015, the AAC Board of Directors approved a resolution to conduct
an evaluation of potential equatorial launch sites
•Criteria for equatorial development is that the site must be:
•Within the United States Pacific Region (States or Territories)
•Not co-located with a Federal government range
•Allow for easterly launches without overflying populated areas
•AAC would manage both the Pacific Spaceport Complex – Alaska and the new
equatorial site under a single management and operational team, reducing
overhead and management costs and streamlining procedures
•No State of Alaska Funds being used for development or operations
•Sites being considered: Saipan and East Hawai`i; (Guam and Tinian Alternates)
•Projected earliest operational date: Late 2019
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Pacific Spaceport Complex - Saipan Location
Marpi Point Location
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Saipan Launch Trajectory Options
Notional Saipan Equatorial Range Orientation
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Pacific Spaceport Complex - Hawai`i
•Concept is to provide small launch vehicle capability for equatorial orbits
•Hawai`i Legislature included $250,000 funds in the FY2018 budget for small
launch site evaluation process
•Alaska Aerospace working in close collaboration and consultation with
University of Hawai`i Space Flight Lab
•Cooperative relationship with the Pacific International Space Center for
Exploration Systems (PISCES) for operational aspects
•Pacific Spaceport Complex Alaska/ Hawai`i – Single management and
operational team
•Environmental Assessment process started
•Issues to be worked:
•FAA Commercial Spaceport license
•Public Education and Community Engagement
•Local and State licensing, permitting, and planning and zoning
compliance
•Construction Funding
•Projected earliest operational date: Late 2018
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East Hawai`i Location
Proposed Launch Site
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Notional Hawaii Equatorial Range Orientation
East Hawai`i Launch Trajectory Options
PSCA Range Orientation
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Commercial Space Ventures - 2017 and Beyond
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KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By
Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098
From Urban Residential To Commercial (P&Z Case 17-028).
ORIGINATOR: Daniel McKenna-Foster
RECOMMENDATION:
The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-08."
DISCUSSION:
This property zoned R1-Residential Zoning District has sat vacant for several years, but is
adjacent to another commercially-zoned property. The applicant recently purchased this land
and applied for this change in Future Land Use Designation in order to facilitate the process
of rezoning the parcel to B-Business. Because Mill Bay has long been planned as Kodiak's
primary commercial corridor and trends in the area have shown a transition toward more
commercial property, this change and subsequent rezone seem consistent with the market's
need for more commercial property in this area. The Planning & Zoning Commission voted 5-
2 in favor of this amendment to the Comprehensive Plan.
ALTERNATIVES:
1. Take no action
2. Reject the Planning & Zoning Commission's recommendation to approve.
FISCAL IMPACT:
No direct fiscal impact from this amendment to the 2008 Comprehensive Plan. If the parcel is
developed from its current vacant state into a business, it could produce additional tax
revenue.
OTHER INFORMATION:
This parcel sits in a small residential enclave along Mill Bay road. Several neighbors gave
public testimony against this Future Land Use Designation change and subsequent rezone on
the grounds that they did not know what the new property owner might put there and they
preferred it as a vacant or residential lot. However, through its analysis, staff found no
grounds for preventing a change in use, as the change seems consistent with historical trends
and needs outlined in the comprehensive plan. It may be noted that this lot, though zoned
residential, has not been occupied for several years (suggesting it is not desirable as a
residential lot) and surrounding property owners did not purchase the lot when it was for sale.
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 40 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-08
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: KIB Assembly 1
Requested by: Community Development Department 2
Drafted by: Community Development Department 3
Introduced on: 09/21/2017 4
Public Hearing Date: 10/05/2017 5
Postponed to: 10/19/2017 6
2nd Public Hearing Date: 10/19/2017 7
Adopted on: 8
9
KODIAK ISLAND BOROUGH 10
ORDINANCE NO. FY2018-08 11
12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 13
THE KIB FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE 14
DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO 15
COMMERCIAL (P&Z CASE 17-028) 16
17
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 18
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 19
Statutes; and 20
21
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 22
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 23
1968 Comprehensive Plan; and 24
25
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 26
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 27
28
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 29
general welfare or good zoning practice requires, the assembly may, by ordinance and after 30
report thereon by the commission and public hearing as required by law, amend, supplement, 31
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 32
33
WHEREAS, the Planning and Zoning Commission received a request from property owner 34
James Cole to amend the 2008 Comprehensive Plan by changing the future land use 35
designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; and 36
37
WHEREAS, at an advertised public hearing consistent with Kodiak Island Borough Code 38
17.205.040, the Planning and Zoning Commission considered the merits of the request to 39
amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A 40
U.S. Survey 3098 from Urban Residential to Commercial; and 41
42
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 43
Assembly that this amendment be approved, finding that the public necessity, convenience, 44
general welfare, and good zoning practice would be enhanced by such action. 45
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 41 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-08
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
46
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 47
BOROUGH THAT: 48
49
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 50
Kodiak Island Borough Code of Ordinances. 51
52
Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. 53
Survey 3098 is hereby changed from Urban Residential to Commercial. 54
55
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 56
support of their approval of this amendment to the 2008 Comprehensive Plan: 57
58
1. The subject parcel is adjacent to properties with a Future Land Use Designation of 59
Commercial. 60
2. The subject parcel is of sufficient area and capable of providing building sites for 61
commercial use. 62
3. This Comprehensive Plan Amendment request is consistent with the land use goals 63
and policies of the 2008 Comprehensive Plan and would be in line with long-term 64
development patterns along Mill Bay Road. 65
4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family 66
Residential to B-Business. 67
5. The Planning and Zoning Commission recommends that the Borough Assembly 68
approve this Comprehensive Plan amendment. 69
70
Effective Date: This ordinance takes effect upon adoption. 71
72
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73
THIS __________ DAY OF _______________, 2017. 74
75
KODIAK ISLAND BOROUGH ATTEST: 76
77
78
___________________________ ___________________________ 79
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 80
81
VOTES: 82
Ayes: 83
Noes: 84
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 42 of 216
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Kodiak Island Borough Page 5 of 8
Planning and Zoning Commission Minutes August 16, 2017
ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY
Open public hearing:
None
Close public hearing:
Commission discussion.
FINDINGS OF FACT
1.The Planning & Zoning Commission has not completed its master planning effort to engage
the public and determine the community needs best fulfilled by these properties.
2.These parcels house recreational ball fields that are highly valued by numerous
organizations in Kodiak and are regularly used for sporting and other community events.
3.Retention of these parcels is supported by various land use and parks & recreational goals,
policies, and implementation action identified in the adopted 2008 Comprehensive Plan.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY
D. CASE 17-028 (Postponed at the July 19, 2017 Regular Meeting). Request a
Comprehensive Plan amendment to change the Future Land Use Designation of Lot 26A,
U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this
request is to facilitate a subsequent request to rezone the lot from R1-Single-Family
Residential District to B-Business District (Case No.17-029). The applicant is James Cole.
The location is 110 Bancroft Drive and the zoning is R1-Single-family Residential.
Case 17-028 Postponed at the July RM
Motion on the floor from the June 21, 2017 RM is:
COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly
approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation
of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205) and to
adopt the findings of fact in the staff report dated May 16, 2017 as Findings of Fact for Case 17-
028.
COMMISSIONER PAINTER seconded the motion.
FINDINGS OF FACT (In support of motion on the floor)
1.The subject parcel is adjacent to properties with a Future Land Use Designation of
Commercial.
2.The subject parcel is of sufficient area and capable of providing building sites for commercial
use.
3.This Comprehensive Plan Amendment request is consistent with the land use goals and
policies of the 2008 Comprehensive Plan and would be in line with long term development
patterns along Mill Bay Road.
4.This amendment is necessary to allow for a subsequent rezone from R1-Single-family
Residential to B-Business.
5.The Planning and Zoning Commission recommends that the Borough Assembly approve
this Comprehensive Plan amendment.
Staff reported there have been no changes to the staff report or recommendation. This case has
been postponed a few times. There hasn’t been a residence on the property for several years. It
is zoned residential but hasn’t been used as residential for some time.
Director Mason also noted that a screening review is also required for Business next to
residential.
COMMISSIONER SCHMITT MOVED to amend the motion to strike “May 16, 2017” and insert
“August 2, 2017”.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
Open public hearing:
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 45 of 216
Kodiak Island Borough Page 6 of 8
Planning and Zoning Commission Minutes August 16, 2017
Jim Cole, applicant, spoke in favor of his request.
Close public hearing:
Commission discussion
FINDINGS OF FACT
1. The subject parcel is adjacent to properties with a Future Land Use Designation of
Commercial.
2. The subject parcel is of sufficient area and capable of providing building sites for commercial
use.
3. This Comprehensive Plan Amendment request is consistent with the land use goals and
policies of the 2008 Comprehensive Plan and would be in line with long term development
patterns along Mill Bay Road.
4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family
Residential to B-Business.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this Comprehensive Plan amendment.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-2. The ayes were
COMMISSIONERS ARNDT, ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes
were COMMISSIONERS SCHMITT and HATCH.
E. CASE 17-029 (Postponed at the July 19, 2017 Regular Meeting). Request a rezone of
Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business
District (KIBC 17.205). The applicant is James Cole. The location is 110 Bancroft Drive
and the zoning is R1- Single-family Residential.
COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough
Assembly approve the rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential
District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff
report dated August 2, 2017 as “Findings of Fact” for Case 17-029.
Staff reported there were no changes to the staff report. Staff recommends approval with a
recommendation to the assembly for their approval.
Open public hearing:
None
Close public hearing:
FINDINGS OF FACT
1. The subject parcel is adjacent to property zoned B-Business.
2. The subject parcel is located along a commercial corridor in a residential area surrounded
by commercial and industrial uses.
3. The subject parcel is of sufficient area and capable of providing building sites for commercial
use.
4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use
Designation per Case No. 17-028.
5. This rezone is consistent with land use goals and policies identified in the e 2008
Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ROLL CALL VOTE ON MOTION CARRIED 5-2. The ayes were COMMISSIONERS ARNDT
ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS
SCHMITT and YOUNG.
F. CASE 18-003. Request a Similar Use Determination finding that allowing two single-
family dwellings on a single R3-Multifamily Residential District zoned lot is similar to
allowing a two family dwelling on a single R3-Multifamily Residential District zoned lot
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 46 of 216
Image Overlay
Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department
Image OverlayCase No. 17-028Applicant: James Cole A Comprehensive Plan amendment to change the Future Land UseDesignation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1-Single-family Residential District to B-Business District (Case No.17-029)
2180
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0 150 30075Feet ILegend
Subject Parcel
KIB Image Overlay Map I
Date Created: 5/16/2017
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 47 of 216
KIB Location & Zoning Map
Location & Zoning MapCase No. 17-028Applicant: James Cole
A Comprehensive Plan amendment to change the Future Land UseDesignation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1-Single-family Residential District to B-Business District (Case No.17-029)
USS
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Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department Access Roads
Unconstructed Right of Ways
Legend
Subject Parcel
I
Zoning Legend
B - Business
LI -Light Industrial
PL-Public Use Lands
R1-Single-family Residential
R2-Two-family Residential
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 48 of 216
SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
Case No. 17-028. A Comprehensive Plan amendment to change the Future Land Use
Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC
17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1 -
Single-Family Residential District to B-Business District (Case No.17-029).
DATE: August 2, 2017
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Staff Report and Recommendation
CASE: 17-028
APPLICANT: James Cole
LOCATION: 110 Bancroft Drive
LEGAL DSC: Lot 26A, U.S. Survey 3098
ZONING: R1-Single-family Residential
FUTURE LAND USE DESIGNATION: Urban Residential
NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two
public comment forms were received in with some concerns about the potential
rezone/Comprehensive Plan amendment. One property owner across the street
from the property called the Community Development office with some concerns
about the corresponding rezone of this property. Additional materials were
submitted at the July 19th 2017 Planning & Zoning Regular Meeting.
SUPPLEMENTAL REPORT
This case was postponed from the June 2017 and then July 2017 regular meetings with the aim
of hearing from the applicant during the regular meeting process. The applicant is not required
to provide comment or explain future plans of the site.
RECOMMENDATION
Staff recommends that the Commission forward this Comprehensive Plan Future Land Use
Designation request be sent to the Kodiak Island Borough Assembly with a recommendation for
approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve the 2008
Comprehensive Plan amendment to change the Future Land Use Designation of
Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205)
and to adopt the findings of fact listed in the staff report dated August 2, 2017
and entered into the record as “Findings of Fact” for Case No. 17-028.
FINDINGS OF FACT (KIBC 17.205.020.A-B)
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 49 of 216
1. The subject parcel is adjacent to properties with a Future Land Use Designation of
Commercial.
2. The subject parcel is of sufficient area and capable of providing building sites for
commercial use.
3. This Comprehensive Plan Amendment request is consistent with the land use goals and
policies of the 2008 Comprehensive Plan and would be in line with long term
development patterns along Mill Bay Road.
4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family
Residential to B-Business.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this Comprehensive Plan amendment.
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 50 of 216
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STAFF REPORT AND RECOMMENDATION
Case No. 17-028. A Comprehensive Plan amendment to change the Future Land Use
Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC
17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1 -
Single-Family Residential District to B-Business District (Case No.17-029).
DATE: July 6, 2017
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Staff Report and Recommendation
CASE: 17-028
APPLICANT: James Cole
LOCATION: 110 Bancroft Drive
LEGAL DSC: Lot 26A, U.S. Survey 3098
ZONING: R1-Single-family Residential
FUTURE LAND USE DESIGNATION: Urban Residential
NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two
public comment forms were received in with some concerns about the potential
rezone/Comprehensive Plan amendment. One property owner across the street
from the property called the Community Development office with some concerns
about the corresponding rezone of this property.
SITE VISIT: May 15, 2017
1. Zoning History: Changed from Unclassified to R-1 by Ordinance No. 73-2-O. Many
of the other parcels in U.S. Survey 3098 were rezoned from
unclassified zoning to business zoning by Ordinances Nos.
numbered 80-11-O and 80-12-O
2. Lot Size: 11,978 square feet
3. Existing Land Use: Vacant lot with outdoor storage
4. Surrounding Land Use and Zoning: Adjacent properties are B-Business and R1-Single-
family Residential District zoning, uses include vacant lots, storage, and single-
family residences
5. Comprehensive Plan: Assigned a Future Land Use Designation of Public and Open Space
by the 1968 Comprehensive Plan and Urban Residential by the 2008
Comprehensive Plan
6. Applicable Comprehensive Plan Future Land Use Designations:
[Urban] Residential This designation allows for a variety of urban level
residential uses. It is generally applied within incorporated cities and would allow
for a mix of single-family and other types of housing including those allowed in
the R1,R2, R3 and SRO zones.
Commercial/Business): This designation is intended for commercial uses
allowed in the Borough’s Retail Business, Business and Urban Neighborhood
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 56 of 216
Commercial zones, which would include a variety of retail and other business
uses.
7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code
are applicable to this request:
17.10.020 Reference and use (Comprehensive Plan).
In accordance with Alaska Statutes, zoning decisions shall be based upon the
recommendations contained in the comprehensive plan.
17.205.010 Authority (Amendments and changes).
Whenever the public necessity, convenience, general welfare or good zoning practice requires,
the assembly may, by ordinance and after report thereon by the commission and public hearing
as required by law, amend, supplement, modify, repeal or otherwise change these regulations
and the boundaries of the districts.
17.205.020 Report from planning and zoning commission (Amendments and changes)
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
17.205.055 Submission to assembly (Amendments and changes)
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in
accordance with the above provisions; a report with recommendations shall be submitted to the
assembly together with the proposed ordinance. Such recommendations of the commission
shall be advisory only and shall not be binding upon the assembly. When an ordinance has
been forwarded to the assembly, the assembly shall act in accordance with this chapter, and
notice shall be issued as provided in KIBC 17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment; its action shall be final
unless the initiating party, within 10 days, files a written statement with the clerk requesting that
the commission’s action be taken up by the assembly.
STAFF ANALYSIS
This case was postponed from the June 2017 regular meeting with the aim of hearing from the
applicant during the regular meeting process.
FUTURE LAND USE DESIGNATION, ZONING, AND USE
Community development property files indicate that this lot is zoned for residential use but
structures on this lot have been in various states of demolition since 2012. There is also a
complaint on file for the removal of junk vehicles on the property several years ago, suggesting
that this may not have been a residence of traditional neighborhood character for some time.
The 2008 Comprehensive Plan designated this area as Urban Residential, which allows for “a
mix of single-family and other types of housing”. This lot is encircled by areas with a proposed
future land use designation of Urban Residential, Commercial/Business, and across Mill Bay
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 57 of 216
Road from an area with a proposed future land use designation of Industrial/Light Industrial.
RECENT DEVELOPMENT TRENDS IN THE AREA
Mill Bay Road has long been one of the primary commercial corridors for Kodiak. The 1968
Comprehensive Plan recognized this arterial as a central route for businesses and vehicle
traffic, and the 2008 Comprehensive Plan focuses most of the future Commercial/Business land
use along this road as well.
Many parcels in this area have been rezoned to B-Business Zoning District since they were
originally zoned from unclassified to residential in the 1970s. A 2006 staff report for the rezone
of the adjacent parcel from R-1 Single-family Residential Zoning District to B-Business Zoning
District (Case No. 06-10) noted that at that time “only ten (10) privately owned frontage parcels
between Birch Ave. and Benny Benson Dr.” were “not zoned for some level of commercial
activity.” As of 2017, only four (4) parcels are not zoned for some type of commercial activity.
Although this area was designated as “Urban Residential” in the 2008 Comprehensive Plan (a
designation which would seem to imply greater general density and height), most changes in
the vicinity seem to be moving more towards commercial use rather than denser residential use.
COMPATABILITY OF LAND USES
The parcels to the north and north east of this property are zoned B-Business. Lots 27A and
27B of USS 3098 were zoned from unclassified to Business by Ordinance No. 77-29-0, and
Ordinance 66-21-0 reclassified nearby lots 13, 14, and 15 of U.S. Survey 3098 to Business from
Residential Unclassified. This parcel sits along a highly trafficked commercial corridor, but
within a small residential enclave. One property owner from a nearby residential lot reported
some concerns about endangering children in the area, potential smells emanating from the
business, security, fencing, and drainage and flooding issues. A second nearby property owner
expressed a wish that this lot remain zoned residential as it acts as a buffer lot from nearby
commercial uses. Another property owner in the area expressed concern about some of the
past uses and potential future uses of the property. As it is unclear what type of commercial
activity might take place on the property, this parcel as land zoned for commercial uses could fit
in seamlessly with the adjacent lot or potentially conflict with nearby residential uses.
LAND SUITABILITY
The parcel’s primary access is off of Bancroft Drive although with Mill Bay Rd frontage, and is
served by City water and sewer utilities. The parcel meets minimum lot requirements.
TRAFFIC IMPACTS
The existing infrastructure is capable of absorbing increased motorized and on-motorized traffic
that might result from business uses.
COMPREHENSIVE PLAN CONSISTENCY
This Comprehensive Plan Future Land Use Designation change is consistent with the following
goals, policies, and implementation actions of the adopted Comprehensive Plan:
Land Use Goal: Regulate and manage land uses to balance the rights of private property
owners with community values and objectives.
Policy: Maximize compatibility of adjacent land uses and minimize conflicts through
zoning, buffering, design standards and other means.
Policy: Zone lands to meet future housing, commercial, industrial, and other land needs.
o Implementation Action: Evaluate the need and recommend specific sites for
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 58 of 216
commercial and industrial uses within and outside cities and unincorporated
communities in the Borough to meet future economic needs.
CONCLUSION
Staff has determined that this Comprehensive Plan Future Land Use Designation change is
consistent with the objectives of the adopted Comprehensive Plan and satisfies the
requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as
set forth in the recommended findings of fact. Anticipating a favorable recommendation to the
assembly, a draft amendment ordinance is attached to this report.
RECOMMENDATION
Staff recommends that the Commission forward this Comprehensive Plan amendment request
to the Kodiak Island Borough Assembly with a recommendation for approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve the 2008
Comprehensive Plan amendment to change the Future Land Use Designation of
Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205)
and to adopt the findings of fact listed in the staff report dated May 16, 2017 and
entered into the record as “Findings of Fact” for Case No. 17-028.
FINDINGS OF FACT (KIBC 17.205.020.A-B)
1. The subject parcel is adjacent to properties with a Future Land Use Designation of
Commercial.
2. The subject parcel is of sufficient area and capable of providing building sites for
commercial use.
3. This Comprehensive Plan Amendment request is consistent with the land use goals and
policies of the 2008 Comprehensive Plan and would be in line with long term
development patterns along Mill Bay Road.
4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family
Residential to B-Business.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this Comprehensive Plan amendment.
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 59 of 216
May 15, 2017 Site Visit: Taken from Bancroft Dr. looking north.
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 60 of 216
PU
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us
May 4, 2017 Public Hearing Item 7-D PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, June 21, 2017. The meeting will begin at 6:30
p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak
Island Borough Planning and Zoning Commission, to hear comments if any, on the following
request:
CASE: 17-028
APPLICANT: James Cole
REQUEST: A Comprehensive Plan amendment to change the Future Land Use
Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to
Commercial (KIBC 17.205). The intent of this request is to facilitate a
subsequent request to rezone the lot from R1-Single-Family Residential
District to B-Business District (Case No.17-029).
LOCATION: 110 Bancroft Drive
ZONING: R1-Single-family Residential
This notice is being sent to you because our records indicate you are a property owner/interested party in
the area of the request. If you do not wish to testify verbally, you may provide your comments in the
space below or in a letter to the Community Development Department. Written comments must be
received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission. If you would like to
fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to
ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting. The local call-in telephone number is 486-
3231. The toll free telephone number is 1-855-492-9202.
One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30
p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the
Commission's decision on this request. If you have any questions about the request or your appeal
rights, please feel free to call us at 486-9363.
Your Name: Mailing Address:
Your property description:
Comments:
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 64 of 216
25B
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Public Hearing Notice µ0 380 760190Feet
Kodiak Island Borough GIS
Case 17-028Location110 Bancroft DriveApplicantJames Cole
Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1-Single-Family Residential District to B-Business District (Case No.17-029).
Legend
Subject Parcel
Notification Area
http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department Access Roads
Unconstructed Right of Ways
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 65 of 216
FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP
KAVIK ANDERSON 113 BANCROFT DR KODIAK AK 99615
MARIA THERESA CABRERA PO BOX 8730 KODIAK AK 99615
CITY OF KODIAK PO BOX 1397 KODIAK AK 99615
SALLY L CROCETTI 118 BANCROFT DRIVE KODIAK AK 99615
ROBERT D DIERICH PO BOX 720 KODIAK AK 99615
WING P ENG 112 BANCROFT DR KODIAK AK 99615
KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615
KODIAK COMMUNITY CHURCH PO BOX 784 KODIAK AK 99615
KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615
JACK LECHNER P.O. BOX 1616 KODIAK AK 99615
TOM MERRIMAN P.O. BOX 1155 KODIAK AK 99615
MIDTOWN HOLDINGS P.O. BOX 786 KODIAK AK 99615
MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615
CONSTANCE OLSEN PO BOX 322 KODIAK AK 99615
HOVERT M PASTOR 122 BANCROFT DRIVE KODIAK AK 99615
VERLIN PHERSON 114 BANCROFT DR KODIAK AK 99615
LELAND ROBBINS P.O. BOX 1426 KODIAK AK 99615
RICHARD ROHRER PO BOX 2219 KODIAK AK 99615
DEBORAH SMITH 116 BANCROFT DR KODIAK AK 99615
SONDACO, LLC PO BOX 2338 KODIAK AK 99615
JAMES STEVENS PO BOX 8593 KODIAK AK 99615
CHARLES J WAGGONER ETAL 1517 E REZANOF DRIVE KODIAK AK 99615
ANDREW WILLIAMS JR.115 BANCROFT KODIAK AK 99615
HUGH WISNER P.O. BOX 2783 KODIAK AK 99615
WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482
HELEN YNGVE PO BOX 9018 KODIAK AK 99615
JAMES COLE PO BOX 8372 KODIAK AK 99615
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
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PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 67 of 216
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 68 of 216
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 69 of 216
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 70 of 216
PUBLIC HEARING ITEM 7-F
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 71 of 216
Kodiak Island Borough, Alaska Ordinance No. FY201X-XX
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Community Development Department 1
Requested by: Community Development Department 2
Drafted by: Community Development Department 3
Introduced on: 4
Public Hearing Date: 5
Adopted on: 6
7
KODIAK ISLAND BOROUGH 8
ORDINANCE NO. FY201X-XX 9
10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11
THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE 12
DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO 13
COMMERCIAL (P&Z CASE 17-028) 14
15
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17
Statutes; and 18
19
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21
1968 Comprehensive Plan; and 22
23
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25
26
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27
general welfare or good zoning practice requires, the assembly may, by ordinance and after 28
report thereon by the commission and public hearing as required by law, amend, supplement, 29
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 30
31
WHEREAS, The Planning and Zoning Commission received a request from Property Owner 32
James Cole to amend the 2008 Comprehensive Plan by changing the future land use 33
designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; and 34
35
WHEREAS, At an advertised public hearing consistent with Kodiak Island Borough Code 36
17.205.040, the Planning and Zoning Commission considered the merits of the request to 37
amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A 38
U.S. Survey 3098 from Urban Residential to Commercial; and 39
40
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 41
Assembly that this amendment be approved, finding that the public necessity, convenience, 42
general welfare, and good zoning practice would be enhanced by such action. 43
44
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 72 of 216
Kodiak Island Borough, Alaska Ordinance No. FY201X-XX
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45
BOROUGH THAT: 46
47
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48
Kodiak Island Borough Code of Ordinances. 49
50
Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. 51
Survey 3098 is hereby changed from Urban Residential to Commercial. 52
53
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54
support of their approval of this rezone: 55
1. The subject parcel is adjacent to properties with a Future Land Use Designation of 56
Commercial. 57
2. The subject parcel is of sufficient area and capable of providing building sites for 58
commercial use. 59
3. This Comprehensive Plan Amendment request is consistent with the land use goals and 60
policies of the 2008 Comprehensive Plan and would be in line with long-term 61
development patterns along Mill Bay Road. 62
4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family 63
Residential to B-Business. 64
5. The Planning and Zoning Commission recommends that the Borough Assembly approve 65
this Comprehensive Plan amendment. 66
67
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 68
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 69
70
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71
THIS __________ DAY OF _______________, 2017. 72
73
KODIAK ISLAND BOROUGH ATTEST: 74
75
76
___________________________ ___________________________ 77
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 78
79
VOTES: 80
Ayes: 81
Noes: 82
AGENDA ITEM #9.A.
Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 73 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-
Single-Family Residential District to B-Business District (P&Z Case No. 17-
029).
ORIGINATOR: Daniel McKenna-Foster
RECOMMENDATION:
The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-09."
DISCUSSION:
This property zoned R1-Residential Zoning District has sat vacant for several years, but is adjacent to
another commercially zoned property. The applicant recently purchased this land and applied for a
change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to
facilitate the process of rezoning the parcel to B-Business. Since the amendment to the
Comprehensive Plan was approved, it is possible to rezone this parcel from residential to commercial
zoning. Because Mill Bay Road has long been planned as Kodiak's primary commercial corridor and
trends in the area have shown a transition towards more commercial property, this rezo ne seems
consistent with the market's need for more commercially zoned property in this area. The Planning &
Zoning Commission voted 5-2 in favor of this rezone.
On September 22, 2017 the clerk's office mailed 26 Public Hearing notices. Any responses received
will be added to the packet.
On October 5, 2017, the Assembly postponed this item to October 19 to allow for a second public
hearing. A second set of public hearing notices were sent out on Friday, October 6.
ALTERNATIVES:
1. Take no action.
2. Reject the Planning & Zoning Commission's recommendation to approve.
FISCAL IMPACT:
No direct fiscal impact from this amendment to the 2008 Comprehensive Plan. If the parcel is
developed from its current vacant state into a business, it could produce additional tax revenue.
OTHER INFORMATION:
This parcel sits in a small residential enclave along Mill Bay road. Several neighbors gave public
testimony against this Future Land Use Designation change and subsequent rezone on the grounds
that they did not know what the new property owner might put there, and they preferred it as a vacant
or residential lot. However, through its analysis, staff found no grounds for preventing a change in use,
as the change seems consistent with historical trends (most properties steadily becoming commercial
on Mill Bay Road) and needs outlined in the comprehensive plan. It may be noted that this lot, though
zoned residential, has not been occupied for several years (suggesting it is not desirable as a
residential lot) and surrounding property owners did not purchase the lot when it was for sale.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 74 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-09
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: KIB Assembly 1
Requested by: Community Development Department 2
Drafted by: Community Development Department 3
Introduced on: 09/21/2017 4
Public Hearing Date:10/05/2017 5
Postponed to: 10/19/2017 6
2nd Public Hearing Date: 10/19/2017 7
Adopted on: 8
9
KODIAK ISLAND BOROUGH 10
ORDINANCE NO. FY2018-09 11
12
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 13
LOT 26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-14
BUSINESS DISTRICT (P&Z CASE NO. 17-029) 15
16
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 17
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 18
Statutes; and 19
20
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 21
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 22
1968 Comprehensive Plan; and 23
24
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 25
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 26
27
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28
general welfare or good zoning practice requires, the assembly may, by ordinance and after 29
report thereon by the commission and public hearing as required by law, amend, supplement, 30
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 31
32
WHEREAS, property owner James Cole applied for a rezone of this property on April 24, 33
2017; and 34
35
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 36
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 37
and 38
39
WHEREAS, the Commission voted to recommend to the Borough Assembly that the site be 40
rezoned from R1-Single-family Residential District to B-Business District finding that the public 41
necessity, convenience, general welfare, and good zoning practice would be enhanced by such 42
action. 43
44
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 75 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-09
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45
BOROUGH THAT: 46
47
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48
Kodiak Island Borough Code of Ordinances. 49
50
Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1-Single-family Residential 51
District to B-Business District. 52
53
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54
support of their approval of this rezone. 55
1. The subject parcel is adjacent to property zoned B-Business. 56
2. The subject parcel is located along a commercial corridor in a residential area 57
surrounded by commercial and industrial uses. 58
3. The subject parcel is of sufficient area and capable of providing building sites 59
for commercial use. 60
4. This rezone is consistent with the 2008 Comprehensive Plan Commercial 61
Future Land Use Designation per Case No. 17-028. 62
5. This rezone is consistent with land use goals and policies identified in the 63
2008 Comprehensive Plan. 64
6. The Planning and Zoning Commission recommends that the Borough 65
Assembly approve this rezone. 66
67
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 68
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 69
70
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71
THIS __________ DAY OF _______________, 2017. 72
73
KODIAK ISLAND BOROUGH ATTEST: 74
75
76
___________________________ ___________________________ 77
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 78
79
VOTES: 80
Ayes: 81
Noes: 82
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 76 of 216
12/13/2217 14:31 9274354971 SCUBA DD PAGE 21
F’l)I3I.I(:IlEEI\F§IIl(3 F=()IRI?
Ordinance No.I-Y20‘I8—09 Rezoning Lot 28A.LLS.Survey 3093 Frown R1-SIngIe—FalnIly Residential
Dlstrict to B-Business Dl?lrlcl (P&Z Case Flo.17-029).
[3 This is in support of ordinance No.FY20‘!8-09.
1:]This Is In opposition of Ordinance No.FY2o1 8-09.
M other comments.
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AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 77 of 216
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NOTICE OF PUBLIC HEARING
A public hearing will be held on Thursday, October 05, 2017, at 6:30 p.m. in the Borough
Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough
Assembly to hear comments on:
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family
Residential District to B-Business District (P&Z Case No. 17-029).
If you do not wish to testify verbally, you may provide your comments on the attached public
hearing form and fax it to (907) 486-9391, email to clerks@kodiakak.us, or hand deliver to the
Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on
October 05, 2017. Comments favoring and opposing are encouraged.
If you have any questions, please call 486-9310.
Attachments:
Map
Public hearing form
Ordinance No. FY2018-09
Kodiak Island Borough
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
clerks@kodiakak.us
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 80 of 216
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family
Residential District to B-Business District (P&Z Case No. 17-029).
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 81 of 216
PUBLIC HEARING FORM
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family Residential
District to B-Business District (P&Z Case No. 17-029).
This is in support of Ordinance No. FY2018-09.
This is in opposition of Ordinance No. FY2018-09.
Other comments.
Name: ________________________________________________________________________________
Residence Address: _____________________________________________________________________
Mailing Address: ________________________________________________________________________
Comments:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or
hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3
p.m. on Thursday, October 05, 2017.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 82 of 216
FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP
KAVIK ANDERSON 113 BANCROFT DR KODIAK AK 99615
MARIA THERESA CABRERA PO BOX 8730 KODIAK AK 99615
CITY OF KODIAK PO BOX 1397 KODIAK AK 99615
SALLY L CROCETTI 118 BANCROFT DRIVE KODIAK AK 99615
ROBERT D DIERICH PO BOX 720 KODIAK AK 99615
WING P ENG 112 BANCROFT DR KODIAK AK 99615
KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615
KODIAK COMMUNITY CHURCH PO BOX 784 KODIAK AK 99615
KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615
JACK LECHNER P.O. BOX 1616 KODIAK AK 99615
TOM MERRIMAN P.O. BOX 1155 KODIAK AK 99615
MIDTOWN HOLDINGS P.O. BOX 786 KODIAK AK 99615
MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615
CONSTANCE OLSEN PO BOX 322 KODIAK AK 99615
HOVERT M PASTOR 122 BANCROFT DRIVE KODIAK AK 99615
VERLIN PHERSON 114 BANCROFT DR KODIAK AK 99615
LELAND ROBBINS P.O. BOX 1426 KODIAK AK 99615
RICHARD ROHRER PO BOX 2219 KODIAK AK 99615
DEBORAH SMITH 116 BANCROFT DR KODIAK AK 99615
SONDACO, LLC PO BOX 2338 KODIAK AK 99615
JAMES STEVENS PO BOX 8593 KODIAK AK 99615
CHARLES J WAGGONER ETAL 1517 E REZANOF DRIVE KODIAK AK 99615
ANDREW WILLIAMS JR.115 BANCROFT KODIAK AK 99615
HUGH WISNER P.O. BOX 2783 KODIAK AK 99615
WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482
HELEN YNGVE PO BOX 9018 KODIAK AK 99615
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Kodiak Island Borough Page 6 of 8
Planning and Zoning Commission Minutes August 16, 2017
Jim Cole, applicant, spoke in favor of his request.
Close public hearing:
Commission discussion
FINDINGS OF FACT
1.The subject parcel is adjacent to properties with a Future Land Use Designation of
Commercial.
2.The subject parcel is of sufficient area and capable of providing building sites for commercial
use.
3.This Comprehensive Plan Amendment request is consistent with the land use goals and
policies of the 2008 Comprehensive Plan and would be in line with long term development
patterns along Mill Bay Road.
4.This amendment is necessary to allow for a subsequent rezone from R1-Single-family
Residential to B-Business.
5.The Planning and Zoning Commission recommends that the Borough Assembly approve
this Comprehensive Plan amendment.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-2. The ayes were
COMMISSIONERS ARNDT, ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes
were COMMISSIONERS SCHMITT and HATCH.
E. CASE 17-029 (Postponed at the July 19, 2017 Regular Meeting). Request a rezone of
Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business
District (KIBC 17.205). The applicant is James Cole. The location is 110 Bancroft Drive
and the zoning is R1- Single-family Residential.
COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough
Assembly approve the rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential
District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff
report dated August 2, 2017 as “Findings of Fact” for Case 17-029.
Staff reported there were no changes to the staff report. Staff recommends approval with a
recommendation to the assembly for their approval.
Open public hearing:
None
Close public hearing:
FINDINGS OF FACT
1.The subject parcel is adjacent to property zoned B-Business.
2.The subject parcel is located along a commercial corridor in a residential area surrounded
by commercial and industrial uses.
3.The subject parcel is of sufficient area and capable of providing building sites for commercial
use.
4.This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use
Designation per Case No. 17-028.
5.This rezone is consistent with land use goals and policies identified in the 2008
Comprehensive Plan.
6.The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ROLL CALL VOTE ON MOTION CARRIED 5-2. The ayes were COMMISSIONERS ARNDT
ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS
SCHMITT and YOUNG.
F. CASE 18-003. Request a Similar Use Determination finding that allowing two single-
family dwellings on a single R3-Multifamily Residential District zoned lot is similar to
allowing a two family dwelling on a single R3-Multifamily Residential District zoned lot
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 86 of 216
Image Overlay
Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department
Image OverlayCase No. 17-029Applicant: James Cole A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205)
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Subject Parcel
KIB Image Overlay Map I
Date Created: 5/8/2017
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 87 of 216
KIB Location & Zoning Map
Location & Zoning MapCase No. 17-029Applicant: James Cole
A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205)
USS
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Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department Access Roads
Unconstructed Right of Ways
Legend
Subject Parcel
I
Zoning Legend
B - Business
LI -Light Industrial
PL-Public Use Lands
R1-Single-family Residential
R2-Two-family Residential
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 88 of 216
STAFF REPORT AND RECOMMENDATION
Case No. 17-029. A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential
District to B-Business District (KIBC 17.205) (KIBC 17.205).
DATE: August 2, 2017
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Staff Report and Recommendation
CASE: 17-029
APPLICANT: James Cole
LOCATION: 110 Bancroft Drive
LEGAL DSC: Lot 26A, U.S. Survey 3098
ZONING: R1-Single-family Residential
FUTURE LAND USE DESIGNATION: Change to Commercial/Business pending results of
Case No. 17-028
NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two
public comment forms were received in with some concerns about the potential
rezone/Comprehensive Plan amendment. One property owner across the street
from the property called the Community Development office with some concerns
about the corresponding rezone of this property. Additional materials were
submitted at the July 19th 2017 Planning & Zoning Regular Meeting.
SUPPLEMENTAL REPORT
This case was postponed from the June 2017 and then July 2017 regular meetings with the aim
of hearing from the applicant during the regular meeting process. The applicant is not required
to provide comment or explain future plans of the site.
RECOMMENDATION
Staff recommends that the Commission forward this rezone request to the Kodiak Island
Borough Assembly with a recommendation for approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve the
Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District
to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the
staff report dated August 2, 2017 and entered into the record for this case as
“Findings of Fact” for Case No. 17-029.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 89 of 216
FINDINGS OF FACT (KIBC 17.205.020 A-C)
1.The subject parcel is adjacent to property zoned B-Business.
2.The subject parcel is located along a commercial corridor in a residential area
surrounded by commercial and industrial uses.
3.The subject parcel is of sufficient area and capable of providing building sites for
commercial use.
4.This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land
Use Designation per Case No. 17-028.
5.This rezone is consistent with land use goals and policies identified in the 2008
Comprehensive Plan.
6.The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 90 of 216
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STAFF REPORT AND RECOMMENDATION
Case No. 17-029. A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential
District to B-Business District (KIBC 17.205) (KIBC 17.205).
DATE: July 6, 2017
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Staff Report and Recommendation
CASE: 17-029
APPLICANT: James Cole
LOCATION: 110 Bancroft Drive
LEGAL DSC: Lot 26A, U.S. Survey 3098
ZONING: R1-Single-family Residential
FUTURE LAND USE DESIGNATION: Change to Commercial/Business pending results of
Case No. 17-028
NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two
public comment forms were received in with some concerns about the potential
rezone/Comprehensive Plan amendment. One property owner across the street
from the property called the Community Development office with some concerns
about the rezone.
SITE VISIT: May 15, 2017
1. Zoning History: Changed from Unclassified to R-1 by Ordinance No. 73-2-O. Many of the
other parcels in U.S. Survey 3098 were rezoned from unclassified zoning to
business zoning by Ordinances Nos. 80-11-O and 80-12-O
2. Lot Size: 11,978 square feet
3. Existing Land Use: Vacant lot with outdoor storage
4. Surrounding Land Use and Zoning: Adjacent properties are B-Business and R1-Single-
family Residential District zoning, uses include vacant lots, storage, and single-
family residences
5. Comprehensive Plan: Assigned a Future Land Use Designation of Public and Open Space
by the 1968 Comprehensive Plan and Urban Residential by the 2008
Comprehensive Plan
6. Applicable Comprehensive Plan Future Land Use Designations:
[Urban] Residential This designation allows for a variety of urban level
residential uses. It is generally applied within incorporated cities and would allow
for a mix of single-family and other types of housing including those allowed in
the R1, R2, R3 and SRO zones.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 96 of 216
Commercial/Business): This designation is intended for commercial uses
allowed in the Borough’s Retail Business, Business and Urban Neighborhood
Commercial zones, which would include a variety of retail and other business
uses.
7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code
are applicable to this request:
17.10.020 Reference and use (Comprehensive Plan).
In accordance with Alaska Statutes, zoning decisions shall be based upon the
recommendations contained in the comprehensive plan.
17.205.010 Authority (Amendments and changes).
Whenever the public necessity, convenience, general welfare or good zoning practice requires,
the assembly may, by ordinance and after report thereon by the commission and public hearing
as required by law, amend, supplement, modify, repeal or otherwise change these regulations
and the boundaries of the districts.
17.205.020 Report from planning and zoning commission (Amendments and changes)
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
17.205.055 Submission to assembly (Amendments and changes)
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in
accordance with the above provisions; a report with recommendations shall be submitted to the
assembly together with the proposed ordinance. Such recommendations of the commission
shall be advisory only and shall not be binding upon the assembly. When an ordinance has
been forwarded to the assembly, the assembly shall act in accordance with this chapter, and
notice shall be issued as provided in KIBC 17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment; its action shall be final
unless the initiating party, within 10 days, files a written statement with the clerk requesting that
the commission’s action be taken up by the assembly
STAFF ANALYSIS
This is the request to rezone the lots from R1-Single-family Residential District to B-Business
District that is referred to in the preceding Comprehensive Plan amendment staff report for the
same parcel (Case No. 17-028). The criteria provided in that staff report also apply to this
rezone request. This case was postponed from the June 2017 regular meeting with the aim of
hearing from the applicant during the regular meeting process.
CONCLUSION
If the preceding case requesting a Comprehensive Plan amendment to change this land use
designation from Urban Residential to Commercial is successful, then this rezone will be
consistent with the general objectives of the adopted Comprehensive Plan and satisfies the
requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as
set forth in the recommended findings of fact. Anticipating a favorable recommendation to the
assembly, a draft rezone ordinance is attached to this report.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 97 of 216
RECOMMENDATION
Staff recommends that the Commission forward this rezone request to the Kodiak Island
Borough Assembly with a recommendation for approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve the
Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District
to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the
staff report dated May 16, 2017 and entered into the record for this case as
“Findings of Fact” for Case No. 17-029.
FINDINGS OF FACT (KIBC 17.205.020 A-C)
1. The subject parcel is adjacent to property zoned B-Business.
2. The subject parcel is located along a commercial corridor in a residential area
surrounded by commercial and industrial uses.
3. The subject parcel is of sufficient area and capable of providing building sites for
commercial use.
4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land
Use Designation per Case No. 17-028.
5. This rezone is consistent with land use goals and policies identified in the e 2008
Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 98 of 216
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us
May 4, 2017, 2017 Public Hearing Item 7-E PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, June 21, 2017. The meeting will begin at 6:30
p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak
Island Borough Planning and Zoning Commission, to hear comments if any, on the following
request:
CASE: 17-029
APPLICANT: James Cole
AGENT: A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential
District to B-Business District (KIBC 17.205).
REQUEST: 110 Bancroft Drive
LOCATION: R1-Single-family Residential
ZONING: 17-029
This notice is being sent to you because our records indicate you are a property owner/interested party in
the area of the request. If you do not wish to testify verbally, you may provide your comments in the
space below or in a letter to the Community Development Department. Written comments must be
received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission. If you would like to
fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to
ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting. The local call-in telephone number is 486-
3231. The toll free telephone number is 1-855-492-9202.
One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30
p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the
Commission's decision on this request. If you have any questions about the request or your appeal
rights, please feel free to call us at 486-9363.
Your Name: Mailing Address:
Your property description:
Comments:
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 101 of 216
25B
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Public Hearing Notice µ0 380 760190Feet
Kodiak Island Borough GIS
Case 17-029Location110 Bancroft DriveApplicantJames Cole
Request a Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205).
Legend
Subject Parcel
Notification Area
http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department Access Roads
Unconstructed Right of Ways
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 102 of 216
FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP
KAVIK ANDERSON 113 BANCROFT DR KODIAK AK 99615
MARIA THERESA CABRERA PO BOX 8730 KODIAK AK 99615
CITY OF KODIAK PO BOX 1397 KODIAK AK 99615
SALLY L CROCETTI 118 BANCROFT DRIVE KODIAK AK 99615
ROBERT D DIERICH PO BOX 720 KODIAK AK 99615
WING P ENG 112 BANCROFT DR KODIAK AK 99615
KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615
KODIAK COMMUNITY CHURCH PO BOX 784 KODIAK AK 99615
KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615
JACK LECHNER P.O. BOX 1616 KODIAK AK 99615
TOM MERRIMAN P.O. BOX 1155 KODIAK AK 99615
MIDTOWN HOLDINGS P.O. BOX 786 KODIAK AK 99615
MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615
CONSTANCE OLSEN PO BOX 322 KODIAK AK 99615
HOVERT M PASTOR 122 BANCROFT DRIVE KODIAK AK 99615
VERLIN PHERSON 114 BANCROFT DR KODIAK AK 99615
LELAND ROBBINS P.O. BOX 1426 KODIAK AK 99615
RICHARD ROHRER PO BOX 2219 KODIAK AK 99615
DEBORAH SMITH 116 BANCROFT DR KODIAK AK 99615
SONDACO, LLC PO BOX 2338 KODIAK AK 99615
JAMES STEVENS PO BOX 8593 KODIAK AK 99615
CHARLES J WAGGONER ETAL 1517 E REZANOF DRIVE KODIAK AK 99615
ANDREW WILLIAMS JR.115 BANCROFT KODIAK AK 99615
HUGH WISNER P.O. BOX 2783 KODIAK AK 99615
WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482
HELEN YNGVE PO BOX 9018 KODIAK AK 99615
JAMES COLE PO BOX 8372 KODIAK AK 99615
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
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PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 104 of 216
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 105 of 216
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 106 of 216
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 107 of 216
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 108 of 216
PUBLIC HEARING ITEM 7-G
P&Z REGULAR MEETING: JUNE 21, 2017
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 109 of 216
Kodiak Island Borough, Alaska Ordinance No. FY201X-XX
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Community Development Department 1
Requested by: Community Development Department 2
Drafted by: Community Development Department 3
Introduced on: 4
Public Hearing Date: 5
Adopted on: 6
7
KODIAK ISLAND BOROUGH 8
ORDINANCE NO. FY201X-XX 9
10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11
LOT 26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-12
BUSINESS DISTRICT (P&Z CASE NO. 17-029) 13
14
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 15
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16
Statutes; and 17
18
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 20
1968 Comprehensive Plan; and 21
22
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24
25
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 26
general welfare or good zoning practice requires, the assembly may, by ordinance and after 27
report thereon by the commission and public hearing as required by law, amend, supplement, 28
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 29
30
WHEREAS, property owner James Cole applied for a rezone of this property on April 24, 31
2017; and 32
33
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35
and 36
37
WHEREAS, the Commission voted to recommend to the Borough Assembly that the site be 38
rezoned from R1-Single-family Residential District to B-Business District finding that the public 39
necessity, convenience, general welfare, and good zoning practice would be enhanced by such 40
action. 41
42
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43
BOROUGH THAT: 44
45
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 110 of 216
Kodiak Island Borough, Alaska Ordinance No. FY201X-XX
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 46
Kodiak Island Borough Code of Ordinances. 47
48
Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1-Single-family Residential 49
District to B-Business District. 50
51
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 52
support of their approval of this rezone. 53
1. The subject parcel is adjacent to property zoned B-Business. 54
2. The subject parcel is located along a commercial corridor in a residential area 55
surrounded by commercial and industrial uses. 56
3. The subject parcel is of sufficient area and capable of providing building sites 57
for commercial use. 58
4. This rezone is consistent with the 2008 Comprehensive Plan Commercial 59
Future Land Use Designation per Case No. 17-028. 60
5. This rezone is consistent with land use goals and policies identified in the 61
2008 Comprehensive Plan. 62
6. The Planning and Zoning Commission recommends that the Borough 63
Assembly approve this rezone. 64
65
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 66
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 67
68
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69
THIS __________ DAY OF _______________, 2017. 70
71
KODIAK ISLAND BOROUGH ATTEST: 72
73
74
___________________________ ___________________________ 75
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 76
77
VOTES: 78
Ayes: 79
Noes: 80
AGENDA ITEM #9.B.
Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 111 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Resolution No. FY2018-13 Ratifying And Certifying The Results Of The
October 3, 2017 Municipal Election.
ORIGINATOR: Nova Javier
RECOMMENDATION:
Move to adopt Resolution No. FY2018-13.
DISCUSSION:
The local municipal election was held on Tuesday, October 3, 2017. The Canvass Board met
on October 11 and examined in detail all write-ins, absentee ballots, questioned ballots,
personal representative ballots, optical scan receipts, and original and duplicate tally books
from each of the precincts of the Kodiak Island Borough.
The Borough Code states that as soon as possible after the canvass of returns is completed,
the Borough Assembly shall meet to receive the report of the canvass board and if after
considering said report, the assembly determines that the election was validly held, the
election shall be certified by resolution and entered upon the minutes of the meeting.
There was a concern raised by a voter in Kodiak regarding the mailing of the 2017 Regular
Election Pamphlet and whether the method of distributing it raises any specific concerns
regarding the outcome of the 2017 Election. I have consulted with the Borough Attorney and
his opinion is that it appears that we have complied with the requirements of the Borough
Code. His memorandum opinion is in the packet and it was also made available to the public.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 112 of 216
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AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 117 of 216
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 118 of 216
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 119 of 216
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 120 of 216
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 121 of 216
DATE: October 18, 2017
MEMO TO: Joe Levesque, Borough Attorney
FROM: Nova M. Javier, MMC, Borough Clerk
RE: Mailing of Pamphlets/Certification of Election
This memo is regarding a concern brought up by a voter regarding the mailing of the 2017
municipal election whether the pamphlets were addressed incorrectly and therefore; did not
reach the Kodiak Island Borough voters.
KIBC 7.60.010(A) states that before each regular and special
election, the clerk shall prepare, publish, and mail an election
pamphlet to every registered voter household within the borough.
KIBC 7.60.10(D) that not less than 14 days before the election,
the clerk shall mail to every registered voter household one copy
of the pamphlet. Additional pamphlets may be obtained from the
borough offices.
These are the steps that we took in mailing out the voter’s pamphlet:
1. Used an electronic voter roll from the State of Alaska Division of Elections
2. Sorted out the voter roll and eliminated duplicates
Examples are below.
a. There are five registered voters at this address with the same mailing
address. This household received one pamphlet.
Residence Mailing
3901 WOODLAND DR 3901 WOODLAND DR
3901 WOODLAND DR 3901 WOODLAND DR
3901 WOODLAND DR
3901 WOODLAND
DRIVE
3901 WOODLAND DR 3901 WOODLAND DR
3901 WOODLAND DR 3901 WOODLAND DR
b. For this household, they received two pamphlets. One was mailed to PO
Box 3326 and one to the Sut Larsen Address.
Residence Mailing
510 SUT LARSEN WY PO BOX 3326
Kodiak Island Borough
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9323 Fax (907) 486-9392
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 122 of 216
510 SUT LARSEN WY 510 SUT LARSEN WY
510 SUT LARSEN WY 510 SUT LARSEN WAY
510 SUT LARSEN WY 510 SUT LARSEN WY
3. We forwarded the mailing list to the printer and the pamphlets were mailed out of
Anchorage reaching Kodiak the week of September 4.
We have found out after mailing of these pamphlets that they were mailed out to “registered
voter names” as opposed to CURRENT OCCUPANT.
Upon finding out that this has happened, we have posted an announcement on the KIB
Facebook Account (see below).
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 123 of 216
We have also advertised on the Kodiak Daily Mirror on September 15 the ad below:
In addition, the pamphlet was made available on August 28 on the Kodiak Island Borough
website and Facebook account.
Pamphlets were distributed to the following places on September 11:
• Safeway Store
• Sutfliffs Store
• Spenards Builders Supply
• Division of Motor Vehicles
• Kodiak Public Library
• Clerk’s Office
We encouraged the public to contact us in the Clerk’s Office for additional copies. We have
also provided extra copies of the pamphlet to the different precincts including the villages.
For reference, these are the number of mailed out pamphlets for the following years:
2017 4,802
2016 4,654
2015 4,055
Questions:
1. Have we met the requirement of the code regarding the mailing of the voter’s
pamphlet?
2. Any concerns regarding the process we followed?
AGENDA ITEM #B.A.
Resolution No. FY2018-13 Ratifying And Certifying The Result...Page 124 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year
2018 Budget, By Amending Budgets To Account For Various Revenues That
Are Over Budget, Providing For Additional Expenditures And Moving Funds
Between Projects.
ORIGINATOR: Dora Cross
RECOMMENDATION:
Move to advance Ordinance No. FY2018-01A to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
1. Fire Protection Area #1 was the recipient of a $154,762 award from the Assistance to
Firefighters Grant. This grant will be used to purchase 27 new Scott Minute Self contained
Breathing Apparatus's and spare bottles; current equipment is 15 years old. Ther e is a cost
match requirement of $7,738.
2. The Borough was the recipient of a $600,000 award from the U.S. Environmental Protection
Agency Cooperative Agreement for a Brownfield Site Revitalization Program. The project
period is 10/01/2017 - 09/30/2020 and provides funding to inventory, characterize, assess and
conduct cleanup planning and community involvement related activities for Brownfield sites.
The Assembly approved the first contract (FY2018-11) for this project on October 5, 2017
3. Increase revenue and expenses for the Solid Waste Collection and Disposal fund by $85,000
for the design of the electrical transfer stations, emergency power panels and sizing of the
generator for the Leachate Treatment Plant. The plant currently has no backup power and a
prolonged loss of power would have a severe impact on the operation of the plant. There are
Alaska Department of Environmental Conservation (DEC) loan funds available, however, if
DEC does not approve use of funds for this purpose, there are revenue bond fun ds available.
4. In May 2017 the Assembly voted to approve the use of $565,000 from the Solid Waste
Collection and Disposal fund to replace the roof and siding at the Baler Building. Rather than
use enterprise funds there are revenue bonds available from the recent Landfill Expansion
project that would be better suited to fund this project. The project scope has also been
increased to address other deficiencies at the building, and the revised project estimate is
$750,000.
5. At the work session on September 14, 2017, Kodiak Island Borough (KIB) and Kodiak Island
Borough School District (KIBSD) staff presented the issues with the existing fuel oil boilers at
Kodiak Middle School. Kodiak Electric Association (KEA) has agreed to reimburse KIB for the
cost to install an electric boiler which would alleviate immediate concerns about both boilers
failing. The budget for this work is $275,000. KEA has provided a letter of intent to enter into a
Memorandum of Agreement for this reimbursement.
6. In 1997, Kodiak Island Borough entered into an agreement with Providence Health & Services
Alaska (Providence) to operate and lease the hospital. At that time, we retained ownership of
specific disposable inventory items should Providence default and the Borough had to take
back hospital operations. In June 2017, the Borough and Providence have entered into a new
lease, effective July 1, 2017, and other provisions in the new lease make retaining ownership
of disposable inventory no longer necessary. This will remove $277,007 of Inventoried assets
from Borough financials.
7. In September of 2016, a third water event in as many years made emergency repairs to a
culvert running under the East Elementary ball field necessary in order to eliminate the danger
of flooding to area homes. Both the City of Kodiak and the Borough participated in the repair of
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 125 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
the ball field and each entity paid for their own expenses. The $120,355 of funds to pay for this
project will be paid from the Renewal and Replacement fund.
8. When the FY2018 budget was finalized in June 2017, the lease agreement between the
Borough and Providence Health & Services Alaska was not completed so an estimate was
used. Since the budget adoption, an agreement has been signed which requires a decrease
the budgeted revenue to the Hospital Facility fund by $115,728.
9. When the FY2018 budget was finalized in June 2017, the new Long-Term Care enterprise fund
had not been created so revenues and expenses were budgeted in Hospital Facility fund. This
will move the $1,143,322 of budgeted revenues and $704,688 of expenses from the Hospital
Facility fund to the Long-Term Care fund.
10. The assembly granted two entities renting space in the Borough Annex Building a 'rent holiday'
for FY2018. This will decrease the revenues and expenses in the Bu ilding and Grounds fund
by $13,387.20; $7,176 for American Red Cross and $6,211.20 for Teen Court.
ALTERNATIVES:
FISCAL IMPACT:
1. Saves the Fire District from purchasing $154,762 of equipment using tax revenues.
2. No fiscal impact - grant will pay for all expenses.
3. Initially, this will increase the loan balance or decrease existing available bond funds
by $85,000. Cannot adequately determine what expenses would be incurred should
the plant experienced a prolonged power outage.
4. Decrease existing available bond funds.
5. No fiscal impact - grant will pay for all expenses.
6. No fiscal impact - inventory is obsolete.
7. No fiscal impact - funds are removed from the Borough Building project.
8. No fiscal impact - simply moving revenues from one enterprise fund to another
9. No fiscal impact - simply moving revenues from one enterprise fund to another.
10. Decrease the amount of repair and maintenance money available to spend on
Borough Buildings.
OTHER INFORMATION:
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 126 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2017-01B
Deletion – Red, Strikeout Page 1 of 3
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Borough Manager 1
Drafted by: Finance Director 2
Introduced on: 10/19/17 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-01A 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
ORDINANCE NO. FY2018-01, FISCAL YEAR 2018 BUDGET, BY AMENDING BUDGETS TO 11
ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 12
ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. 13
14
15
WHEREAS, Fire Protection Area #1 received an Assistance to Firefighters Grant award of 16
$154,762. This grant will be used to purchase 27 new Scott Minute Self-Contained Breathing 17
Apparatus’s and spare bottles; and 18
19
WHEREAS, the Borough received a $600,000 grant award from the U.S. Environmental 20
Protection Agency Cooperative Agreement for a Brownfield Site Revitalization Program. The 21
project period is 10/01/2017 - 09/30/2020 and provides funding to inventory, characterize, 22
assess and conduct cleanup planning and community involvement related activities for 23
Brownfield sites; and 24
25
WHEREAS, the Solid Waste Collection and Disposal fund will need to increase expenses by 26
$85,000 for the design of the electrical transfer stations, emergency power panels and sizing of 27
the generator for the Leachate Treatment Plant. The plant currently has no backup power and a 28
prolonged loss of power would have a severe impact on the operation of the plant. There are 29
Alaska Department of Environmental Conservation (DEC) loan funds available, however, if DEC 30
does not approve use of funds for this purpose, there are revenue bond funds available; and 31
32
WHEREAS, In May 2017 the Assembly voted to approve the use of $565,000 from the Solid 33
Waste Collection and Disposal fund to replace the roof and siding at the Baler Building. Rather 34
than use enterprise funds, there are revenue bonds available from the recent Landfill Expansion 35
project that would be better suited to fund this project. The project scope has also been 36
increased to address other deficiencies at the building, and the revised project estimate is 37
$750,000; and 38
39
WHEREAS, The Kodiak Electric Association (KEA) has agreed to reimburse KIB for the design 40
and purchase to install an electric boiler which would alleviate immediate concerns about boilers 41
failing at the Kodiak Middle School. The budget for this work is $275,000 and KEA has provided 42
a letter of intent to enter into a Memorandum of Agreement for this; and 43
44
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 127 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2017-01B
Deletion – Red, Strikeout Page 2 of 3
Insertion – Bold, Blue, Underlined Version 1
WHEREAS The Borough and Providence Health & Services Alaska (Providence) have entered 45
into a new lease agreement whereby Providence will lease and manage the hospital operations. 46
The new lease does not require the Borough to retained ownership of specific 47
disposable inventory items should Providence default and the Borough had to take back 48
hospital operations. This will remove $277,007 of inventoried assets from Borough financials; 49
and 50
51
WHEREAS, In September of 2016, a third water event in as many years made emergency 52
repairs to a culvert running under the East Elementary ball field necessary in order to eliminate 53
the danger of flooding to area homes. The $120,355 of funds to pay for this project will be paid 54
from the Renewal and Replacement fund; and 55
56
WHEREAS, the FY2018 budget was finalized in June 2017, the lease agreement between the 57
Borough and Providence Health & Services Alaska was not completed so an estimate was 58
used. Since the budget adoption, an agreement has been signed which requires a decrease the 59
budgeted revenue to the Hospital Facility fund by $115,728; and 60
61
WHEREAS, the FY2018 budget was finalized in June 2017, the new Long-Term 62
Care enterprise fund had not been created so revenues and expenses were budgeted in 63
Hospital Facility fund. This will move the $1,143,322 of budgeted revenues and $704,688 of 64
expenses from the Hospital Facility fund to the Long-Term Care fund; and 65
66
WHEREAS, the Assembly granted two entities renting space in the Borough Annex building a 67
‘rent holiday’ for FY2018. This will decrease the revenues and decrease expense in the Building 68
& Grounds fund by $13,387.20; $7,176 for American Red Cross and $6,211.20 for Teen Court. 69
70
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71
BOROUGH THAT: 72
73
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 74
Kodiak Island Borough Code of Ordinances. 75
76
Section 2: The budgeted revenues and expenses to Fire Protection Area #1 will be increased 77
by $154,762; 78
79
Section 3: A new project with budgeted revenues and expenses of $600,000 will be created for 80
a Brownfield Site Revitalization Program; 81
82
Section 3: The Solid Waste Collection and Disposal fund budgeted expenses will be increased 83
by $85,000; 84
85
Section 4: The budget revenues and expenses for the Roof and Siding project for Solid Waste 86
Collection and Disposal fund Baler Building will be increased by $185,000; 87
88
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 128 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2017-01B
Deletion – Red, Strikeout Page 3 of 3
Insertion – Bold, Blue, Underlined Version 1
Section 5: A new project with budgeted revenues and expenses of $275,000 for the installation 89
of an electric boiler and the Kodiak Middle School will be created; 90
91
Section 6: Inventoried hospital supplies of $277,007 will be removed from the Hospital Facility 92
fund; 93
94
Section 7: Renewal and Replacement fund Project #13006 - Borough Building will be reduced 95
by $120,355 and used to pay for Project #17000 - East Elementary Ball Field Drainage; 96
97
Section 8: The budgeted revenues to the Hospital Facility fund will be reduced by $115,728; 98
99
Section 9: The budgeted $1,143,322 of revenues and $704,688 of expenses in the Hospital 100
Facility fund will be moved to the Long-Term Care fund; 101
102
Section 10: The budgeted revenues and expenses in the Building & Grounds fund will be 103
reduced by $13,387.20. 104
105
Effective Date: This ordinance takes effect upon adoption. 106
107
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 108
THIS __________ DAY OF _______________, 2017. 109
110
KODIAK ISLAND BOROUGH ATTEST: 111
112
113
___________________________ ___________________________ 114
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 115
116
VOTES: 117
Ayes: 118
Noes: 119
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 129 of 216
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 130 of 216
U.S. Department of Homeland Security
Washington, D.C. 20472
Ms. Meagan Christiansen
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6340
Re: Award No.EMW-2016-FO-02294
Dear Ms. Christiansen:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance
submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount
of $154,762.00. As a condition of this award, you are required to contribute a cost match in the amount of
$7,738.00 of non-Federal funds, or 5 percent of the Federal contribution of $154,762.00.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the Assistance to Firefighters Grant Programs' e-grant system. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
•Summary Award Memo
•Agreement Articles (attached to this Award Letter)
•Obligating Document (attached to this Award Letter)
•FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this
award.
Prior to requesting Federal funds, all recipients are required to register in the System for Award
Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov
until you submit the final financial report required under this award or receive the final payment, whichever is
later. This requires that the recipient review and update the information annually after the initial registration,
and more frequently for changes in your information. There is no charge to register in SAM.gov. Your
registration must be completed on-line at https://www.sam.gov/portal/public/SAM/. It is your entity's
responsibility to have a valid DUNS number at the time of registration.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go to https://portal.fema.gov to accept or decline your award. This will take you to the
Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login
screen. Your User Name and Password are the same as those used to complete the application on-line.
Once you are in the system, the Status page will be the first screen you see. On the right side of the Status
screen, you will see a column entitled Action. In this column, please select the View Award Package from the
drop down menu. Click Go to view your award package and indicate your acceptance or declination of award.
PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so
immediately. When you have finished, we recommend printing your award package for your records.
Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in
the Action column. Click this link. This link will take you to the SF-1199A, Direct Deposit Sign-up Form. Please
complete the SF-1199A on-line if you have not done so already. When you have finished, you must submit
Page 2of 25View Award Package
8/18/2017https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar...
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 131 of 216
October 6
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AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 132 of 216
BF - 01J38501 - 0 Page 1
GRANT NUMBER (FAIN):01J38501
MODIFICATION NUMBER:0 DATE OF AWARD
PROGRAM CODE:BF 09/12/2017U.S. ENVIRONMENTAL
PROTECTION AGENCY TYPE OF ACTION
New
MAILING DATE
09/19/2017
Cooperative Agreement PAYMENT METHOD:
ACH#
pend
RECIPIENT TYPE:
Municipal
Send Payment Request to:
Las Vegas Finance Center
lvfc-grants@epa.gov
RECIPIENT: PAYEE:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615-6340
EIN: 92-0030845
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615-6340
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Sara Mason
710 Mill Bay Road
Kodiak, AK 99615-6340
E-Mail: smason@kodiakak.us
Phone: 907-486-9360
Susan Morales
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
E-Mail: morales.susan@epa.gov
Phone: 206-553-7299
Joanne Brendle
1200 Sixth Avenue, Suite 900, OMP-173
Seattle, WA 98101,
E-Mail: brendle.joanne@epa.gov
Phone: 206-553-6385
PROJECT TITLE AND DESCRIPTION
Developing the Kodiak Island Brownfield Site Revitalization Program
This assistance agreement will provide funding for the Kodiak Island Borough to inventory, characterize, assess, and conduct cleanup planning and community
involvement related activities for Brownfields sites. As coalition lead in partnership with Natives of Kodiak and the City of Kodiak, they will perform environmental
site assessments, conduct remedial action/reuse planning activities in alignment with established community plans and objectives. The project will also include
area-wide planning activities for up to two priority brownfield-impacted areas.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2017 - 09/30/2020 10/01/2017 - 09/30/2020 $600,000.00 $600,000.00
NOTICE OF AWARD
Based on your Application dated 07/31/2017 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $600,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $600,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by
either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and
conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the
authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment
mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this
award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
EPA Region 10
Mail Code: OMP-173
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
U.S. EPA, Region 10
Office of Environmental Cleanup
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Paula VanHaagen - Manager - Grants Unit DATE
09/12/2017
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 133 of 216
AGENDA ITEM #C.A.
Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, F...Page 134 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-
Multifamily Residential District To R1-Single-Family Residential District (P&Z
Case No. 18-002).
ORIGINATOR: Jack Maker
RECOMMENDATION:
Move to advance Ordinance No. FY2018-32 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3-Multifamily
Residential District to R1-Single-Family Residential District. The subject parcel is the former
site of Jackson’s Mobile Home Park. In 2015, zoning compliance was issued to change the
use from a mobile home park to residential (BZ2015-096). The applicant is nearing
completion of extinguishing the mobile home park use and has received preliminary approval
for subdividing the parcel to create twenty-one lots and one large tract to be further
subdivided in the future. This rezone request is the next step in the applicant’s effort to
prepare the lots to be offered for sale to the public for residential development. The applicant
desires to limit development in the proposed subdivision to single-family dwellings and
associated incidental and subordinate uses. Accordingly, a rezone from R3-Multifamily
Residential District to R1-Single-Family Residential District is requested.
The Planning and Zoning Commission held a public hearing on this rezone request at their
August 16, 2017 regular meeting. The Commission voted unanimously to recommend that the
Assembly approve this rezone.
ALTERNATIVES:
1. Take no action.
2. Reject the Planning & Zoning Commission's recommendation to approve.
FISCAL IMPACT:
Although no direct fiscal impact will result from this rezone, the pending subdivision and future
development of the newly created lots will likely result in an increase in tax revenue.
OTHER INFORMATION:
A combination of buildings and uses that are not consistent with R1-Single-Family Residential
District zoning are currently situated on the parcel (multiple single-family dwellings and mobile
home storage). Those buildings and uses are remnants of the mobile home park use that is
being extinguished. To address those inconsistencies, the rezone ordinance includes an
effective clause that will ensure all structures and uses are brought into compliance with Title
17 (Zoning) of the Borough Code prior to the rezone becoming effective.
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 135 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-32
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: KIB Manager 1
Drafted by: P&Z Commission 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-32 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10
EMERALD ISLE ESTATES TRACT FROM R3-MULTIFAMILY RESIDENTIAL DISTRICT TO 11
R1-SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) 12
13
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 14
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15
Statutes; and 16
17
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19
1968 Comprehensive Plan; and 20
21
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23
24
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25
general welfare or good zoning practice requires, the assembly may, by ordinance and after 26
report thereon by the commission and public hearing as required by law, amend, supplement, 27
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28
29
WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle 30
Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District; 31
and 32
33
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35
and 36
37
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 38
Assembly that Emerald Isle Estates Tract be rezoned from R3-Multifamily Residential District to 39
R1-Single-Family Residential District, finding that the public necessity, convenience, general 40
welfare, and good zoning practice would be enhanced by such action; and 41
42
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 43
17.205.040, the Borough Assembly considered the merits of the rezone request. 44
45
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46
BOROUGH THAT: 47
48
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 49
Kodiak Island Borough Code of Ordinances. 50
51
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 136 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-32
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
Section 2: Emerald Isle Estates Tract is hereby rezoned from R3-Multifamily Residential District 52
to R1-Single-Family Residential District. 53
54
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 55
support of their approval of this rezone. 56
57
1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots 58
that may be created by subdivision of the tract, to single-family dwellings and associated 59
incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential 60
District to R1-Single-Family Residential District will facilitate the desired development. 61
62
2. The parcel is situated in a longstanding neighborhood that is generally residential in 63
character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-64
Single-Family Residential District will maintain that residential character and be 65
consistent with the surrounding zoning. 66
67
3. The parcel is capable of providing multiple building sites and parking areas that can 68
accommodate the full range of uses permitted in the R1-Single-Family Residential 69
District. 70
71
4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land 72
Use Designation assigned to the lot. The rezone is also consistent with, and will further 73
implement, various land use and economic goals, policies, and implementation actions 74
identified in the adopted Comprehensive Plan. 75
76
5. The Planning and Zoning Commission recommends that the Borough Assembly approve 77
this rezone. 78
79
Effective Date: This ordinance shall become effective upon verification by the Community 80
Development Department that all structures and uses on Emerald Isle Estates Tract have been 81
brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should 82
all structures and uses not be brought into compliance within 36 months of Assembly approval, 83
this approval shall become null and void. 84
85
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 86
THIS __________ DAY OF _______________, 2017. 87
88
KODIAK ISLAND BOROUGH ATTEST: 89
90
91
___________________________ ___________________________ 92
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 93
94
VOTES: 95
Ayes: 96
Noes: 97
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 137 of 216
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Kodiak Island Borough Page 1 of 8
Planning and Zoning Commission Minutes August 16, 2017
Kodiak Island Borough
Planning and Zoning Commission Regular Meeting
Minutes
August 16, 2017 Regular Meeting 6:30 pm-Borough Assembly Chambers
CALL TO ORDER
CHAIR ARNDT called to order the August 16, 2017 regular meeting of the Planning & Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR ARNDT led the pledge of allegiance.
ROLL CALL
Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg
Spalinger, Chris Hatch, and Colin Young.
A quorum was established.
Community Development Department staff present was Director Sara Mason, Sheila Smith,
Jack Maker (left 7:15 p.m.), and Daniel Mckenna-Foster (arrived 7:15 p.m.).
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the July 19, 2017 minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS’ COMMENTS
None
PUBLIC HEARINGS
Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is
1-855-492-9202. Sign in and state your name for the record.
A) CASE 18-002. Request a rezone of Emerald Isle Estates Tract from R3-Multifamily
Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC). The
applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the
zoning is R3-Multi-family Residential.
COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough
Assembly approve the rezone of Emerald Isle Estates Tract from R3-Multi-family Residential
District to R1-Single-Family Residential District (KIBC 17.205), subject to an effective clause,
and to adopt the findings of fact listed in the staff report dated August 2, 2017 as “Findings of
Fact” for Case 18-002.
Staff reported the subject parcel is the former site of Jackson’s Mobile Home Park The applicant
requests a rezone and he intends to subdivide the parcel into individual lots. A corresponding
subdivision request has been submitted in conjunction with this rezone request. This rezone
request is consistent with the Comprehensive Plan. Staff recommends forwarding this request
to the assembly recommending approval.
Open public hearing:
Kevin Suydam, applicant, spoke in favor of his request.
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 140 of 216
Kodiak Island Borough Page 2 of 8
Planning and Zoning Commission Minutes August 16, 2017
Close public hearing:
Brief commission discussion
EFFECTIVE CLAUSE
This ordinance shall become effective upon verification by the Community Development
Department that all structures and uses on Emerald Isle Estates Tract have been brought into
compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all
structures and uses not be brought into compliance within 36 months of Assembly approval, this
approval shall become null and void.
FINDINGS OF FACT
1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that
may be created by subdivision of the tract, to single-family dwellings and associated
incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential
District to R1-Single-Family Residential District will facilitate the desired development.
2. The parcel is situated in a longstanding neighborhood that is generally residential in
character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-
Single-Family Residential District will maintain that residential character and be consistent
with the surrounding zoning.
3. The parcel is capable of providing multiple building sites and parking areas that can
accommodate the full range of uses permitted in the R1-Single-Family Residential District.
4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use
Designation assigned to the lot. The rezone is also consistent with, and will further
implement, various land use and economic goals, policies, and implementation actions
identified in the adopted Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B. CASE S18-001. Request preliminary approval of the subdivision of Emerald Isle
Estates Tract, vacating a 25’ wide utility easement, and creating Lots 1 thru 21 and Tract
A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC). The applicant is
Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3-
Multi-family Residential.
COMMISSIONER SPALINGER MOVED to grant preliminary approval of the Subdivision of
Emerald Isle Estates Tract, vacating a 25’ wide utility easement, and creating Lots 1 thru 21 and
Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC) subject to fifteen
(15) conditions of approval, and to adopt the findings in the staff report dated August 2, 2017
case as "Findings of Fact" for case S18-001.
Staff reported staff’s review of the plat shows it meets borough code requirements. Staff
recommends preliminary approval be granted, subject to 15 conditions of approval.
Open public hearing:
David Zimmerman spoke in support of the request.
Brenda Friend spoke in support of the request.
Kevin Suydam, applicant, spoke in support of the request.
Close public hearing:
Commission discussion
CONDITIONS OF APPROVAL
1. A note requiring a 10’ setback from the east side lot lines of Lots 15 and 21 and the west
side lot line of Lot 14 shall be listed on the Final Plat.
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 141 of 216
KIB Location & Zoning Map
Location and ZoningCase No. 18-002Applicant: Emerald Isle Estates LLC/Kevin SuydamSurveyor: Willman Land Surveying
Request: A Rezone of Emerald Isle Estates Tractfrom R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC).
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µ
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 142 of 216
Image Overlay
Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department
Image OverlayCase No. 18-002Applicant: Emerald Isle Estates LLC/Kevin SuydamSurveyor: Willman Land Surveying
Request: A Rezone of Emerald Isle Estates Tract fromR3-Multifamily Residential District to R1-Single-FamilyResidential District (Chapter 17.205 KIBC).
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PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 143 of 216
STAFF REPORT AND RECOMMENDATION
Case No. 18-002. A Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential
District to R1-Single-Family Residential District (Chapter 17.205 KIBC).
DATE: August 2, 2017
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Staff Report and Recommendation
CASE: 18-002
APPLICANT: Emerald Isle Estates LLC/Kevin Suydam
LOCATION: 2716 Spruce Cape Road
LEGAL DSC: Emerald Isle Estates Tract
ZONING: R3-Multifamily Residential
FUTURE LAND USE DESIGNATION: Urban Residential
NOTICE: Forty-three (43) public hearing notices were mailed on July 6, 2017. One (1)
public hearing notice was returned as of the date this report was prepared.
SITE VISIT: Virtual via GIS
1. Zoning History: • Designated Residential Unclassified by the 1968 Comprehensive
Plan.
• Rezoned to RR-Rural Residential by Ord. No. 80-9-0.
• Rezoned to RR1-Rural Residential One by Ord. No. 83-15-0.
• Rezoned to R3-Multifamily Residential by Ord. No. 2001-04.
2. Lot Size: 11.8 acres
3. Existing Land Use: In transition from mobile home park to residential.
4. Surrounding Land Use and Zoning:
• R2 and PL zoning and uses to the north (single-family residences
and the City wastewater treatment plant).
• Waterfront to the south.
• A vacant PL zoned parcel (subdivision into 3 lots and rezone of
two of those lots to R2 pending) and waterfront to the east.
• R1, R3, and RR1 Zoning and uses to the west (single-family
residences).
5. Applicable 2008 Comprehensive Plan Future Land Use Designation:
Urban Residential: This designation allows for a variety of urban level residential uses. It is
generally applied within incorporated cities and would allow for a mix of single-family and
other types of housing, including those allowed in the R1, R2, R3, and SRO Zones.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code
are applicable to this request:
17.10.020 Reference and use (Comprehensive Plan).
In accordance with Alaska Statutes, zoning decisions shall be based upon the
recommendations contained in the comprehensive plan.
17.205.010 Authority (Amendments and changes).
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 144 of 216
Whenever the public necessity, convenience, general welfare or good zoning practice requires,
the assembly may, by ordinance and after report thereon by the commission and public hearing
as required by law, amend, supplement, modify, repeal or otherwise change these regulations
and the boundaries of the districts.
17.205.020 Report from planning and zoning commission (Amendments and changes)
The commission shall report in writing to the assembly on any proposed change or amendment
regardless of the manner in which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
17.205.055 Submission to assembly (Amendments and changes)
A. Within 30 days after the commission has acted favorably upon a proposed zoning change in
accordance with the above provisions; a report with recommendations shall be submitted to the
assembly together with the proposed ordinance. Such recommendations of the commission
shall be advisory only and shall not be binding upon the assembly. When an ordinance has
been forwarded to the assembly, the assembly shall act in accordance with this chapter, and
notice shall be issued as provided in KIBC 17.205.070 by the clerk.
B. If the commission recommends denial of any proposed amendment; its action shall be final
unless the initiating party, within 10 days, files a written statement with the clerk requesting that
the commission’s action be taken up by the assembly.
17.75.010 Description and intent (R1-Single-Family Residential District).
The R1 single-family residential zoning district is established as a land use district for small lot,
single-family residential dwellings where public water and sewer services are available. For the
single-family residential district, in promoting the general purposes of this title, the specific
intentions of this chapter are:
A. To encourage the construction of single-family dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which
would interfere with the development or continuation of single-family dwellings in the district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which would generate other than normal vehicular traffic on
streets serving residents on those streets; and
E. To prohibit any use which, because of its character or size, would create requirements
and costs for public services, such as police and fire protection, water supply and sewerage,
before such service can systematically and adequately be provided.
17.85.010 Description and intent (R3-Multifamily Residential District).
The R3 multifamily residential zoning district is established as a land use district for one-family,
two-family, and multifamily dwellings and limited office uses where public water and sewer
services are available. For the multifamily residential zoning district, in promoting the general
purposes of this title, the specific intentions of this chapter are:
A. To encourage the construction of one-family, two-family, and multifamily dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 145 of 216
would interfere with the development or continuation of one-family, two-family, and
multifamily dwellings in this district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which, because of its character or size, would create
requirements and costs for public services, such as police and fire protection, water supply,
and sewerage, before such services can adequately be provided; and
E. To discourage any use which would generate other than normal vehicular traffic on
streets serving residents on those streets
STAFF ANALYSIS
This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3-Multifamily
Residential District to R1-Single-Family Residential District.
The subject parcel is the former site of Jackson’s Mobile Home Park. In 2015, zoning
compliance was issued to change the use from a mobile home park to residential (BZ2015-096).
The applicant is nearing completion of extinguishing the mobile home park use. This rezone
request is the next step in the applicant’s effort to proceed with residential development.
The applicant intends to subdivide the parcel into individual lots to be offered for sale for
residential development. A corresponding subdivision request has been submitted in
conjunction with this rezone request (Case No. S18-001). That case follows this request. The
applicant desires to limit development in the proposed subdivision to single-family dwellings and
associated incidental and subordinate uses. Accordingly, a rezone to R1-Single-Family
Residential District is requested. It is important to note that, should this rezone be denied, the
applicant may still limit development to the desired uses through restrictive covenants.
FUTURE LAND USE DESIGNATION, ZONING, AND USE
The subject parcel is assigned a Future Land Use Designation of Urban Residential. The
current R3-Multifamily Residential zoning and requested R1-Single-Family Residential zoning
are both consistent with that designation. The applicant’s desire to limit future development to
single-family dwellings and associated incidental and subordinate uses is also consistent with
the requested R1-Single-Family Residential zoning.
The transition from mobile home park to residential is still in progress. Although most structures
associated with the mobile home park use have been removed, the following structures remain:
• A longstanding warehouse/shop building 1 that fronts Spruce Cape Road and is adjacent to
the Spruce Cape helipad on Lot 29 U.S. Survey 3099. This structure was permitted in
residential zoning by an exception in 1965. An apartment was constructed within the
structure in 1982 and remains to date. Accordingly, the structure meets the definition of a
single-family dwelling with attached garage/shop.
• An approximate 20’ x 35’ accessory building 2 located behind the above building.
• A single-family dwelling 3 that fronts spruce Cape Road.
• A single-family dwelling 4 near the southwest corner.
• Five manufactured homes and one small accessory building 5 stored at various locations.
1 Appendix 1 2 Appendix 2 3 Appendix 3 4 Appendix 4
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 146 of 216
The combination of buildings that remain on the parcel and their associated uses are not
consistent with R1-Single-Family Residential District Permitted Uses (multiple single-family
dwellings and mobile home storage). As stated above, the effort to extinguish the mobile home
park use and proceed with residential development is still in progress. That effort will require
that these structures be brought into compliance with Title 17 (Zoning) of the Borough Code
prior to being allowed to proceed with residential development. To ensure the existing structures
are brought into compliance prior to the rezone becoming effective, the following effective
clause is recommended:
• This ordinance shall become effective upon verification by the Community Development
Department that all structures and uses on Emerald Isle Estates Tract have been brought
into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all
structures and uses not be brought into compliance within 36 months of Assembly approval,
this approval shall become null and void.
*Staff Note: The recommended conditions of approval for the corresponding subdivision request
require that these structures are brought into compliance prior to approval of the
Final Plat (this would be required for any request to subdivide the subject parcel).
Consequently, satisfying those conditions of approval would also satisfy the
effective clause, resulting in the rezone becoming effective at the same time as
Final Plat approval.
RECENT DEVELOPMENT TRENDS IN THE AREA
The most recent development in the area has been the removal of mobile homes and other
structures from the mobile home park that was previously established on this parcel. Prior to
this, development was negligible due to the lack of vacant land. As stated earlier in this report,
the applicant intends to subdivide the parcel into individual lots for single-family residential
development. Those actions will promote the development of single-family dwellings, which is
consistent with the residential character of the surrounding area.
COMPATABILITY OF LAND USES
The parcel is situated in a neighborhood that is generally residential in character, consisting of a
mixture of R1-Single-Family Residential, R2-Two-Family Residential, R3-Multifamily Residential,
and RR1-Rural Residential One zoning and uses (single-family residences). The portion of the
parcel that fronts Spruce Cape Road is across from and/or adjacent to PL- Public Use Lands
zoning and uses (wastewater treatment plant and vacant Borough owned land that is pending
subdivision into three lots, two of which will be rezoned to R2 upon the recording of the Final
Plat) Rezoning the parcel from R3-Multifamily Residential District to R1-Single-Family
Residential District will maintain the area’s residential character and be consistent with
surrounding zoning and uses.
LAND SUITABILITY
The subject parcel is 11.8 acres. It is served by City Sewer and water and is accessed by
existing roadways. For decades the parcel adequately accommodated a combination of
approximately 100 manufactured homes and single-family dwellings. In doing so, the parcel has
proven capable of providing multiple building sites and parking areas that can accommodate the
full range of uses permitted in R1-Single-Family Residential zoning.
TRAFFIC IMPACTS
The parcel is accessed by urban collector and local roadways (Spruce Cape Road, Jackson
5 Appendix 5.1 and 5.2
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 147 of 216
Lane, and Metrokin Way). For several decades, those roadways adequately accommodated the
traffic generated by the previously established mobile home park use. Rezoning the parcel to
from R3-Multifamily Residential District to R1-Single-Family Residential District will result in
permitted uses that are less intensive with regard to traffic generation. Consequently, should
this rezone be approved, the existing roadways will be capable of continuing to provide safe and
adequate access to and from the site.
COMPREHENSIVE PLAN CONSISTENCY
This Rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use
Designation assigned to the parcel. The rezone is also consistent with the following goals,
policies, and implementation actions of the adopted Comprehensive Plan:
• Land Use Goal: Regulate and manage land uses to balance the rights of private property
owners with community values and objectives.
Policy: Maximize compatibility of adjacent land uses and minimize conflicts through
zoning, buffering, design standards, and other means.
Policy: Zone land to meet future housing, commercial, industrial, and other land needs.
o Implementation Actions: Identify an adequate supply of land in each community to
meet future residential needs and other land development needs based on future
population and employment growth projections, assumptions about the type and land
requirements for projected uses, and conditions or constraints that might affect
development. Consider use of public or private Native-owned land to help meet
these needs.
• Housing Goal: Help ensure that an adequate supply of land for housing and a sufficient
stock of housing, including affordable housing, are available for Borough residents.
Policy: In partnership with local communities, Tribal councils, Native Corporations, the
Kodiak Island Housing Authority, and others, help ensure that there is an adequate
supply of developable residential land to meet long-term housing needs throughout the
Borough, including senior housing.
CONCLUSION
Staff has determined that this rezone is consistent with the assigned Future Land Use
Designation and various objectives of the adopted Comprehensive Plan and satisfies the
requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as
set forth in the recommended findings of fact. Anticipating a favorable recommendation to the
assembly, a draft rezone ordinance is attached to this report.
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 148 of 216
RECOMMENDATION
Staff recommends that the Commission forward this rezone request to the Kodiak Island
Borough Assembly with a recommendation for approval, subject to an effective clause.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve the
rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to
R1-Single-Family Residential District (KIBC 17.205), subject to an effective
clause, and to adopt the findings of fact listed in the staff report dated August 16,
2017 and entered into the record for this case as “Findings of Fact” for Case No.
18-002.
FINDINGS OF FACT (KIBC 17.205.020.A-C)
1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots
that may be created by subdivision of the tract, to single-family dwellings and associated
incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential
District to R1-Single-Family Residential District will facilitate the desired development.
2. The parcel is situated in a longstanding neighborhood that is generally residential in
character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-
Single-Family Residential District will maintain that residential character and be
consistent with the surrounding zoning.
3. The parcel is capable of providing multiple building sites and parking areas that can
accommodate the full range of uses permitted in the R1-Single-Family Residential
District.
4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land
Use Designation assigned to the lot. The rezone is also consistent with, and will further
implement, various land use and economic goals, policies, and implementation actions
identified in the adopted Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 149 of 216
Introduced by: KIB Manager 1
Drafted by: P&Z Commission 2
Introduced on: 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-XX 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10
EMERALD ISLE ESTATES TRACT FROM R3-MULTIFAMILY RESIDENTIAL DISTRICT TO 11
R1-SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) 12
13
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 14
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 15
Statutes; and 16
17
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19
1968 Comprehensive Plan; and 20
21
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 22
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23
24
WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25
general welfare or good zoning practice requires, the assembly may, by ordinance and after 26
report thereon by the commission and public hearing as required by law, amend, supplement, 27
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 28
29
WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle 30
Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District; 31
and 32
33
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35
and 36
37
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 38
Assembly that Emerald Isle Estates Tract be rezoned from R3-Multifamily Residential District to 39
R1-Single-Family Residential District, finding that the public necessity, convenience, general 40
welfare, and good zoning practice would be enhanced by such action; and 41
42
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 43
17.205.040, the Borough Assembly considered the merits of the rezone request. 44
45
Kodiak Island Borough, Alaska Ordinance No. FY2018-XX
Deletion – Red, Strikeout Page 1 of 3
Insertion – Bold, Blue, Underlined Version 1
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 150 of 216
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46
BOROUGH THAT: 47
48
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 49
Kodiak Island Borough Code of Ordinances. 50
51
Section 2: Emerald Isle Estates Tract is hereby rezoned from R3-Multifamily Residential District 52
to R1-Single-Family Residential District. 53
54
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 55
support of their approval of this rezone. 56
57
1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots 58
that may be created by subdivision of the tract, to single-family dwellings and associated 59
incidental and subordinate uses. Rezoning the parcel from R3-Multifamily Residential 60
District to R1-Single-Family Residential District will facilitate the desired development. 61
62
2. The parcel is situated in a longstanding neighborhood that is generally residential in 63
character and zoning. Rezoning the parcel from R3-Multifamily Residential District to R1-64
Single-Family Residential District will maintain that residential character and be 65
consistent with the surrounding zoning. 66
67
3. The parcel is capable of providing multiple building sites and parking areas that can 68
accommodate the full range of uses permitted in the R1-Single-Family Residential 69
District. 70
71
4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land 72
Use Designation assigned to the lot. The rezone is also consistent with, and will further 73
implement, various land use and economic goals, policies, and implementation actions 74
identified in the adopted Comprehensive Plan. 75
76
5. The Planning and Zoning Commission recommends that the Borough Assembly approve 77
this rezone. 78
79
Effective Date: This ordinance shall become effective upon verification by the Community 80
Development Department that all structures and uses on Emerald Isle Estates Tract have been 81
brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should 82
all structures and uses not be brought into compliance within 36 months of Assembly approval, 83
this approval shall become null and void. 84
85
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 86
THIS __________ DAY OF _______________, 2017. 87
88
KODIAK ISLAND BOROUGH ATTEST: 89
90
Kodiak Island Borough, Alaska Ordinance No. FY2018-XX
Deletion – Red, Strikeout Page 2 of 3
Insertion – Bold, Blue, Underlined Version 1
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 151 of 216
91
___________________________ ___________________________ 92
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 93
94
VOTES: 95
Ayes: 96
Noes: 97
Kodiak Island Borough, Alaska Ordinance No. FY2018-XX
Deletion – Red, Strikeout Page 3 of 3
Insertion – Bold, Blue, Underlined Version 1
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 152 of 216
Appendix 1 – Photos of existing single-family dwelling with attached garage/shop on proposed Lot 1
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Appendix 3 – Photos of existing single-family dwelling on proposed Lot 3
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Appendix 4 – Photos of existing single-family dwelling on proposed Tract A
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Appendix 5.1 – Photos of 4 of the 5 manufactured homes currently being stored on parent parcel
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 157 of 216
Appendix 5 – Photos of 5th manufactured home and accessory building currently stored on parent parcel
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 158 of 216
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us
July 6, 2017 Public Hearing Item 7-B PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, August 16, 2017. The meeting will begin at 6:30
p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak
Island Borough Planning and Zoning Commission, to hear comments if any, on the following
request:
CASE: 18-002
APPLICANT: Emerald Isle Estates LLC/Kevin Suydam
REQUEST: A Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential
District to R1-Single-Family Residential District (Chapter 17.205 KIBC).
LOCATION: 2716 Spruce Cape Road
ZONING: R3-Multifamily Residential
This notice is being sent to you because our records indicate you are a property owner/interested party in
the area of the request. If you do not wish to testify verbally, you may provide your comments in the
space below or in a letter to the Community Development Department. Written comments must be
received by 5 pm, Tuesday, August 1, 2017 to be considered by the commission. If you would like to
fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to
ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting. The local call-in telephone number is 486-
3231. The toll free telephone number is 1-855-492-9202.
One week prior to the regular meeting, on Wednesday, August 9, 2017, a work session will be held at
6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the
case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the
Commission's decision on this request. If you have any questions about the request or your appeal
rights, please feel free to call us at 486-9363.
Your Name: Mailing Address:
Your property description:
Comments:
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 163 of 216
2
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Public Hearing Notice µ0 750 1,500375Feet
Kodiak Island Borough GIS
Case 18-002Location2716 Spruce Cape RoadApplicantEmerald Isle Estates LLC/Kevin Suydam
Request a Rezone of Emerald Isle Estates Tract from R3-Multifamily Residential District to R1-Single-Family Residential District (Chapter 17.205 KIBC).
Legend
Subject Parcel
Notification Area
http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations.
Community Development Department Access Roads
Unconstructed Right of Ways
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
AGENDA ITEM #C.B.
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract ...Page 164 of 216
FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP
PATRICK ADAMS 2546 SPRUCE CAPE RD KODIAK AK 99615
MARTIN BELARDE PO BOX 1929 KODIAK AK 99615
ANGEL BRAVO PO BOX 2027 KODIAK AK 99615
TIMOTHY BURCH 9620 RIMROCK CIRCLE PRESCOTT VALLEY AZ 86314
ALVIN BURCH P.O. BOX 884 KODIAK AK 99615
CODY-RAY CAMPOS PO BOX 2041 KODIAK AK 99615
CITY OF KODIAK PO BOX 1397 KODIAK AK 99615
JOHN DONAT 1918 MILL BAY RD KODIAK AK 99615
EMERALD ISLE ESTATES LLC PO BOX 980 KODIAK AK 99615
DONALD ERDMAN FLP PO BOX 1912 KODIAK AK 99615
KEVIN ERICKSON 2674 SPRUCE CAPE RD KODIAK AK 99615
JAMIE FAGAN P O BOX 2140 KODIAK AK 99615
JAMIE B FAGAN ETAL PO BOX 2217 KODIAK AK 99615
PISA FAUMUI 2320 MILL BAY ROAD KODIAK AK 99615
TODD HUBERT 545 ELI WASELIE CIR KODIAK AK 99615
STARLETTA JACKSON 6727 HIGHLAND VIEW DR ARLINGTON WA 98223
JOHN KAPPELHOFF PO BOX 481 KODIAK AK 99615
MARK KEPLINGER 758 JACKSON LANE KODIAK AK 99615
KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615
WAYNE KOZAK P O BOX 8796 KODIAK AK 99615
JOE MACINKO 2625 SPRUCE CAPE RD KODIAK AK 99615
CAMI MAHONEY 3944 SPRUCE CAPE ROAD KODIAK AK 99615
CARLOS MENJIVAR ETAL PO BOX 1089 KODIAK AK 99615
SAMUEL MUTCH 210 B SHELIKOF KODIAK AK 99615
TED NUSSBAUM P O BOX 8981 KODIAK AK 99615
JOAN PELLOSIS ETAL 728 CUT-OFF RD KODIAK AK 99615
JUAN PENALOZA 3155 SPRUCE CAPE RD KODIAK AK 99615
DONALD J RHINEHART PO BOX 903 KODIAK AK 99615
CARLOS RILEY 2557 SPRUCE CAPE ROAD KODIAK AK 99615
DONNA RUCH 2608 SPRUCE CAPE RD KODIAK AK 99615
JOHN RYAN 341 N ATLANTIC BLVD APT G ALHAMBRA CA 91801
WANDA SCHOLZE PO BOX 8511 KODIAK AK 99615
JEFFREY SLAUGHTER PO BOX 2058 KODIAK AK 99615
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
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CARL SMITH PO BOX 8913 KODIAK AK 99615
EMIROS SOCKWELL 1315 MADSEN AVE KODIAK AK 99615
AARON STILL 2657 METROKIN WAY KODIAK AK 99615
ALAN TORRES 2746 REZANOF DR E KODIAK AK 99615
ANTONIO VELASCO ETAL PO BOX 8025 KODIAK AK 99615
JEFF A WADLE 2692 SPRUCE CAPE RD KODIAK AK 99615
WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482
WILLIAM ZIMMERMAN PO BOX 2261 KODIAK AK 99615
BARBARA ZIMMERMAN PO BOX 910 KODIAK AK 99615
PUBLIC HEARING ITEM 7-A
P & Z REGULAR MEETING: AUGUST 16, 2017
Case No. 18-002
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KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-10 Reestablishing Boards, Committees, and
Commissions as Established in the Kodiak Island Borough Code of
Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards,
Committees, and Commissions.
ORIGINATOR: Nova Javier
RECOMMENDATION:
Move to advance Ordinance No. FY2015-07 to public hearing at the next regular
meeting of the Assembly.
DISCUSSION:
All boards, committees, and commissions established under Title 2 of the Borough Code, with
the exception of those mandated by state law, shall terminate by operation of law three years
from the date of passage of this section, unless affirmatively reestablished or continued by the
assembly for a period not to exceed three years.
The Boards, Committees, and Commissions reestablished per this Ordinance will be for three
years, starting January 1, 2018 until December 31, 2020.
Advertising for this process and public hearing were advertised on September 8, October 6, and
another notice will go out on October 27. All the members of the boards, committees, and
commissions were notified about the public hearing on November 2, 2017.
Note:
• Section 203 of the Personnel Manual states the Assembly shall appoint a Personnel
Board consisting of five members. The Personnel Advisory Board is referred to in the
personnel manual (see attached).
• The Kodiak Economic Development Commission (KEDC) exists in the code. The
Borough contracted for many years with the Chamber of Commerce and a
Comprehensive Economic Development (CEDS) Committee was formed. CEDS took
over the role of KEDC. The contract with the Chamber of Commerce was terminated
effective April 30, 2014. KEDC still exists in Title 2 but there are currently no members.
CEDS Committee is non existent due to the termination of the contract with the
Chambers.
Visit
http://www.codepublishing.com/AK/KodiakIslandBorough/?KodiakIslandBorough02/KodiakIslan
dBorough02.html to access KIBC Title 2 and see the different descriptions and duties of the
boards.
ALTERNATIVES:
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 169 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 170 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-10
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: Borough Assembly 1
Drafted by: Borough Clerk 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-10 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10
REESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN 11
THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION 12
AND PERSONNEL CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS 13
14
WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 15
2.100 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated 16
by law, shall terminate by operation of law every three years, unless affirmatively re-established 17
or continued by the Assembly; and 18
19
WHEREAS, the Assembly shall hold a public hearing to receive testimony on the need for the 20
continued existence of the board, committee, or commission from the general public and 21
members of the board, committee, or commission. 22
23
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24
BOROUGH that: 25
26
Section 1: This ordinance is of a general and permanent nature and shall become a part of 27
the Kodiak Island Borough Code of Ordinances; and 28
29
Section 2: The following boards, committees, and commissions, with the exemption of the 30
(INSERT HERE), are hereby affirmatively reestablished in the Kodiak Island 31
Borough Code of Ordinances effective midnight December 31, 2017. 32
33
Chapter 2.15 Personnel Advisory Board 34
Chapter 2.110 Emergency Services Council 35
Chapter 2.115 Kodiak Economic Development Commission 36
Chapter 2.120 Parks and Recreation Committee 37
Chapter 2.125 Architectural/Engineering Review Board 38
Chapter 2.145 Solid Waste Advisory Board 39
Chapter 2.155 Kodiak Workforce Regional Advisory Council 40
Chapter 2.160 Borough Lands Committee 41
42
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 43
ordinance takes effect upon adoption or at a later date specified in the ordinance.) 44
45
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 171 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-10
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46
THIS __________ DAY OF _______________, 2017. 47
48
KODIAK ISLAND BOROUGH ATTEST: 49
50
51
___________________________ ___________________________ 52
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 53
54
VOTES: 55
Ayes: 56
Noes: 57
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 172 of 216
10/18/2017
Dear Mayor Rohrer and the Kodiak Island Borough Assembly:
This letter is in response to the reestablishment of the Kodiak Workforce Regional Advisory
Council. KWRAC was last reestablished in 2014.
Since then, KWRAC has helped introduce and mediate AK DOL Registered Apprentice
programs in Kodiak, advised the KHS entrepreneurship program, hosted a workforce forum,
collected employer data, and has recently begun discussions on how the community can assist
with:
Voc Rehab employment needs
Education and training for immigrants who have foreign professional credentials
Resurrecting job fairs and small business/start-up/self-employment advising
Unfortunately, as you are aware, the Council has repeated difficulty establishing quorums in
order to conduct business, stifling the important work that everyone on the Council agrees is
necessary for our community. The meetings in which we do have a quorum, business has still
remained sluggish due to the lack of attendance and participation by several significant
community partners (industry sector representatives, education organizations, and local
government representation).
As a function of the Kodiak Island Borough, KWRAC is beholden to open meetings laws, and
because of the difficulty of holding meetings, we, the undersigned, recommend against
reestablishing KWRAC as a borough advisory group, shifting responsibility of continuing the
group to those organizations equipped and specifically charged with responding to Kodiak’s
workforce needs: UAA, Kodiak College, UAF/FITC, and the Kodiak Island Borough School
District. Ideally, the Chamber of Commerce, native corporations, and our local Dept. of Labor
office will take a leadership and organizational position, too.
Doing so will:
Relieve the group of quorum regulations
Compel these organizations to hold joint meetings specifically concerning Kodiak’s
workforce needs, share resources and align programs, and regularly present a cohesive
message to the Kodiak Island Borough about workforce development
Eliminate the allocation of already stretched KIB resources (KIB Code 2.155.050)
De-establishing KWRAC, however, may also have detrimental effects:
Loss of the public voice and accountability, unless a new reiteration of KWRAC
intentionally makes their meetings public. We don’t think a KWRAC that serves only the
organizational interests of KIBSD and/or Kodiak College is in our community’s best
interest, and we think the Council agrees with that.
Loss of obligation to advise the KIB in workforce-related issues, unless Borough
participation is intentionally sought and maintained.
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 173 of 216
10/18/2017
If KWRAC were de-established, we recommend that the seats and original duties (KIB Code
2.155) be maintained, with a few exceptions:
Addition of a Voc Rehab seat in 2.155.010 “Membership”
Deletion of 2.155.040.C “Provide oversight and advice on One-Stop Job Center
operations to ensure they are meeting regional and local needs.” This particular duty
would be inappropriate for a non-public advisory council.
Thank you for your consideration of this matter.
Sincerely,
Dr. Jared Griffin, Chair, Arts and Communication Seat, Kodiak Workforce Regional
Advisory Council
Dr. Alisha Drabek, Citizen-at-Large Seat, Kodiak Workforce Regional Advisory Council
Dr. Larry LeDoux, Ex-Officio, KIBSD Superintendent, Kodiak Workforce Regional
Advisory Council
Garet Plantz, Business Management Seat, Kodiak Workforce Regional Advisory Council
Rachel Putman, Department of Labor Seat, Kodiak Workforce Regional Advisory
Council
Stacey Simmons, Native Corporations Seat, Kodiak Workforce Regional Advisory
Council
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 174 of 216
2.100.180 Termination.
A. All boards, committees, and commissions established under this chapter, with the exception of those
mandated by state law, shall terminate by operation of law three years from the date of passage of this section,
unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any
newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the
termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the
termination, and the assembly shall hold a public hearing, receiving testimony from the general public and
members of the board, committee, or commission. In said hearing, the board, committee, or commission shall
have the burden of demonstrating a public need for its continued existence.
B. A determination as to whether a board, committee, or commission has demonstrated a public need for its
continued existence shall take into consideration the following factors:
1. The extent to which a board, committee, commission or program has operated in the public
interest;
2. The extent to which a board, committee, or commission has recommendations which are
generally of benefit to the public interest;
3. The extent to which a board, committee, or commission has encouraged interested persons
to report to it concerning the effect of its decisions on the effectiveness of service, and
availability of service which it has provided;
4. The extent to which the board, committee, or commission has encouraged public participation
in the making of its decisions; and
5. The efficiency with which public inquiries or complaints regarding the activities of the board,
committee, commission or agency filed with it, with the department to which a board, committee,
or commission is administratively assigned, have been processed and resolved. [Ord. 02-15 §2,
2002; Ord. 99-09 §2, 1999; Ord. 98-02 §8, 1998; Ord. 96-16 §2, 1996; Ord. 93-61 §2, 1993;
Ord. 87-29-O §3, 1987. Formerly §2.39.180].
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 175 of 216
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KODIAK
7................. CHAMBER
77 qf C OMMERCE,
100 L Marine Wail,Suit e300,Kodiak Ahaska 99615*(907)486-55570 FAX- (907)486-7605
March 20, 2014 www.kodiakehmnber.orge Eynafl- eharnber(kodiak.org
Bud Cassidy, Manager
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615
Dear Mr. Cassidy,
RE: Economic Development Contract
The Kodiak Chamber of Commerce Board of Directors discussed concerns over the Economic
Development contract it has with the Kodiak Island Borough at its March 17th meeting. At this
time we are giving the Kodiak Island Borough, a one month notice of cancellation of contract, to
become effective April 30, 2014.
The Kodiak Chamber of Commerce feels that the work we have done towards Economic
Development over the past 20 years has benefited the community greatly. We have worked in
partnership with the Borough and City on numerous projects over the years including the
Launch Complex, Fiber Optic Cable, Shiplift Facility, etc.
The Chamber's mission is "to promote a strong and diverse economy for the Kodiak region" and
we will continue to fulfill that mission as our membership and Board of Directors sees fit.
We thank you for your many years of support. We intend to continue our role as a leader in
improving the economic growth of Kodiak and surrounding areas, and look forward to our
continued relationship for the betterment of Kodiak.
Sinc rely,
Darlene Williamson, President
Dedicated to Kodiak's Economic FUtUre
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 178 of 216
CtaknaND 0.04 —Ol
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska
Borough) and the Kodiak Chamber of Commerce (contractor) for the purpose of setting forth
the terms and conditions pursuant to which the contractor shall be contracted to provide
economic development activities.
Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide
an economic development committee and staff to focus on economic development planning and
project development in the Kodiak Island Borough.
Section 2. SCOPE OF WORK. The contractor will provide staff who will serve on the
economic development committee drawn from the Kodiak Island community with
representatives from the City of Kodiak,. Kodiak Island Borough, Kodiak Island outlying
communities, and with the Kodiak Chamber of Commerce. Staff will work with the Committee to
accomplish the following tasks identified in the document, such as:
a. Continue to facilitate the Kodiak Fisheries Advisory Council and forward
recommendations to the Borough Assembly and Manager;
b. Work with the National Marine Fisheries Service, University of Alaska Fishery
Industrial Technology Center, and local processors to achieve stability and
diversification in the fish processing industry by encouraging secondary and
value-added processing, harvesting of under-utilized species, and by maximizing
by-product utilization;
c. Continue looking for grants and funding to revitalize the Kodiak Branding and
Marketing Committee in their efforts to develop and implement a marketing plan
and quality assurance program for Kodiak seafood;
d. Work with the Kodiak Island Convention and Visitors Bureau to transform the
visitor industry into a significant component of the Kodiak Region's economy;
e. Work with local retailers to promote a Shop Local Campaign;
f. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak
Area Native Association, and other organizations to encourage entrepreneurship
and assist small business development;
g. Continued participation and involvement with Southwest Alaska Municipal
Conference in their efforts to bring economic stability to the region.
h. Work with educational institutions, public funding entities and industry to develop
a comprehensive economically sustainable fisheries research facility in Kodiak.
i. Explore ways of enhancing Kodiak's position as a regional transportation hub;
j. Assist in the economic development of Kodiak Region outlying communities.
k. Conduct a web based survey to identify key barriers, benefits and needs in
Kodiak's business community in order to strengthen their role in Kodiak's
economy.
I. Establish a work group formed by Kodiak key business and government leaders
to identify what is needed to solve the community's housing shortage and work to
Page 1 of 2
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 179 of 216
promote the solutions identified. The information gathered from the group will be
used to write a comprehensive Kodiak Housing Report.
m. Create a "COMMERCIAL FISHING LOAN PROGRAM" page on Chamber's new
website that links to appropriate information on State's website.
n. Create a "STARTING A BUSINESS IN KODIAK page on Chamber's new website
that links to appropriate information.
A minimum of four Comprehensive Economic Development Strategy (CEDS) committee
meetings will be scheduled during the term of this Agreement for the purpose of maintaining
committee input and guiding the efforts of the contractor. A report of all activities of the
contractor will be submitted to the Borough Manager following each meeting.
Section 3. REPORTS. In addition to the CEDS Committee reports, the Contractor shall
provide a quarterly written report regarding the tasks identified in Section 2 of this contract.
Section 4. TERM. This agreement will remain in effect July 1, 2013 through June 30,
2014, unless earlier terminated. Either party shall have the right to terminate the agreement
without penalty upon one month's written notice to the other.
Section 5. COMPENSATION. As compensation for all services rendered under this
agreement, contractor shall be paid $43,000.00 by the Kodiak Island Borough. Said
compensation shall be paid in equal installments of $10,750.00 on the second Friday of July
and October 2013, and January and April 2014.
IN WITNESS WHEREOF the parties have executed this Agreement on this / day of June
2013.
KODIAK ISLAND BOROUGH KODIAK CHAMBER OF COMMERCE
AIL
harles E. Cassidy Jr., Borough Manager Trevor Brown, Executive Director
ATTEST: Stp.ND eQ' ,
Tth. JavJC, BoughClerk
1 3
AIWA
196
Page 2 of 2
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 180 of 216
Kodiak Chamber of Commerce
Economic Development Department
Quarterly Report to the Kodiak Island Borough
October 15, 2013
1. Comprehensive Economic Development Strategy (CEDS). Q1 2014 CEDS Committee meeting is
scheduled for October 30, 2013. The CEDS planning process and resulting documentation helps
coordinate efforts of local government, private industry, non - profits and other community
stakeholders to identify and achieve economic development goals. Committee meetings are held
in October, December, February /March and April /May to accommodate Kodiak summer schedules.
Major updates at the October CEDS Committee meeting include an overview of new proposed rules
issued by the Economic Development Administration, U.S. Department of Commerce, outlining
proposed changes to CEDS guidelines and processes. The new guidance aims to incentivize
innovation and collaboration, and modernize the CEDS requirements to four essential planning
elements, allowing community planning efforts to focus on strategies, performance and outputs.
Due to the federal government shutdown issuance of final rules is delayed, but was expected in the
latter half of 2013. The CEDS planning process over the next 6 months will identify economic
development priorities for Kodiak and help guide utilization of Chamber resources.
2. Kodiak Fisheries Advisory Council. A September meeting of KFAC was not possible due to conflicts
with other federal and local meetings related to fisheries. Discussion at the last Fisheries Work
Group (FWG) meeting on October 14, 2013, contemplates dissolving KFAC entirely as the FWG
continues to take an active role is fisheries issues.
3. Achieve Stability and Diversification in Fish Processing Industry Through Secondary and Value -
Add Processing, Harvesting Under - Utilized Species and Maximizing By- Product Utilization.
Prioritization of this item will be clarified during the CEDS planning process, at which time key
stakeholders and next steps will be identified, allowing development of specific initiatives,
implementation plans and anticipated timelines as appropriate.
4. Kodiak Branding & Marketing Committee. This Committee is currently dormant, and last met in
2011. Further work and resource allocation for this item will be guided by outcomes of the CEDS
planning process.
5. Kodiak Island Convention and Visitors Bureau /Discover Kodiak. Throughout Q1 the Chamber and
Discover Kodiak focused on ensuring adequate Alaska Marine Highway System (AMHS) service to
Kodiak. Efforts touched on exiting vessel schedules, as well as advocating for funds to replace the
M/V Tustamena. Limited ferry service throughout all of 2013 negatively impacted Kodiak tourism,
as well as the overall Kodiak economy. Outlying communities were unable to access direct ferry
service because their docks cannot accommodate the larger M/V Kennicott, and transportation of
vehicles and U.S. Coast Guard household transfers were limited due to the Kennicott's scheduled
runs to Bellingham, WA.
6. Shop Local Campaign. The Chamber will continue to partner with local retailers and encourage the
community to invest in local businesses and Kodiak's economy by shopping locally.
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 181 of 216
7. Partnering with Kodiak College, Kodiak Island Borough School District, Kodiak Area Native
Association and Other Organizations. The Chamber is actively engaged with the Kodiak College
Advisory Council and attended its last meeting on October 3, 2013. The Chamber is participating in
the KIBSD Strategic Planning work, held over three evening sessions October 91h, 16th and 23rd. The
Chamber is also partnering closely with the Kodiak Area Native Association regarding each entity's
CEDS planning process and support for economic development in Kodiak's outlying communities.
8. Southwest Alaska Municipal Conference. Trevor Brown, the Executive Director of the Chamber, is
a board member of SWAMC and participates in their monthly board meetings via teleconference.
The Chamber continues to work with SWAMC on Economic Development issues in Southwest
Alaska and Kodiak. Recent efforts included submitting a resolution on the replacement of the M/V
Tustamena, the formation of a group of Industry leaders from the area to discuss economic issues,
and creating Regional Energy Plans through a partnership with the Alaska Energy Authority.
9. Develop Comprehensive Economically Sustainable Fisheries Research Facility in Kodiak.
Prioritization of this item will be clarified during the CEDS planning process, at which time key
stakeholders and next steps will be identified, allowing development of specific initiatives,
implementation plans and anticipated timelines as appropriate.
10. Kodiak as Regional Transportation Hub. In Q1 the Chamber actively worked to raise awareness of
the negative impacts of limited AMHS ferry service throughout 2013, and advocate for replacement
of the M/V Tustamena as it continues to age and require more downtime for repairs. Additionally,
the Chamber continues to maintain strong relationships with Alaska Airlines and other
transportation modalities.
11. Economic Development of Kodiak Region Outlying Communities. The Chamber is actively
partnering with the Kodiak Area Native Association, Koniag, Inc., and the Kodiak Island Borough to
support economic development planning in Kodiak's outlying communities. The Chamber also
participated in open sessions of the Kodiak Rural Forum, held September 18 -20, 2013, which
included representation from all of Kodiak's outlying communities.
12. Web -based Survey and Economic Summit. The Chamber conducted a Kodiak Economic
Development and Housing Survey in January, 2013, which identified housing as a key issue for
further work, prompting the Chamber to form the Kodiak Housing Taskforce. During FY 2014 the
Chamber anticipates holding a summit to introduce and kick off the new CEDS planning process. At
the summit stakeholders will identify strengths, weakness, opportunities and threats to economic
development in Kodiak, as well as prioritize initiatives for further development.
13. Kodiak Housing Taskforce. The Chamber formed the Kodiak Housing Taskforce following its survey
in January, 2013, and meetings were held in March April 17th,
May 141h and September 23rd, 2013.
The Taskforce comprises community stakeholders with perspectives from the local and federal
government, private industry, Native corporations and community non - profits, and serves as a
forum to share information and dialogue related to Kodiak housing challenges.
14. Web Presence. The Chamber is currently updating the Economic Development component of its
website, which will include virtual information packets for, "Commercial Fishing Loan Program"
and, "Starting a Business in Kodiak." The updated site will also serve as a more interactive interface
for Kodiak to access outcomes and documentation from the CEDS planning process.
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 182 of 216
Introduced by: Borough Assembly
Requested by: BoroughClerk
Drafted by:BoroughClerk
1 Introduced: 11/06/2014
2 Public Hearing: 12/04/2014
3 Adopted: 12/04/2014
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2015-07
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH REESTABLISHING BOARDS, COMMITTEES, AND
10 COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND
I1 BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION
12 AND PERSONNELCHAPTER 2.100 BOARDS, COMMITTEES, AND
13 COMMISSIONS
14
15 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter
16 2.100 of the Kodiak Island BoroughCode of Ordinances, with the exception of those
17 mandated by law, shall terminate by operation of law every three years, unless
18 affirmatively re-established or continued by the Assembly; and
19
20 WHEREAS, the Assembly shallhold a public hearing to receive testimony on the need
21 for the continuedexistence of the board, committee, or commission from the general
22 public and members of the board, committee, or commission.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
25 BOROUGH that:
26
27 Section 1: This ordinance is of a general and permanent natureand shall become a
28 part ofthe Kodiak Island Borough Code of Ordinances; and
29
30 Section 2: The followingboards, committees, and commissions, with theexemption
31 ofthe Fisheries and Oceanic Research Board, are hereby affirmatively
32 reestablished in the Kodiak Island BoroughCode of Ordinances effective
33 midnightDecember 31, 2014:
34
35 Chapter 2.15 PersonnelAdvisory Board
36 Chapter 2.110 Emergency Services Council
37 Chapter 2.115 KodiakEconomic Development Commission
38 Chapter 2.120 Parksand Recreation Committee
39 Chapter 2.125 Architectural/Engineering Review Board
40 Chapter 2.145 Solid WasteAdvisory Board
41 t
42 Chapter 2.155 Kodiak Workforce Regional Advisory Council
43
Kodiak Island Borough, Alaska Ordinance No. FY2015-07
Page 1 of 2
ORDINANCE APPROVED IN 2014
PROVIDED FOR REFERENCE
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 183 of 216
44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
45 THIS FOURTH DAY OF DECEMBER, 2014
46
47 KODIAK ISLAND BOROUGH
48
49
51 Jerrol Friend, Borough Mayor
52
53 ATTE T:
54 a
55
5 lee
5 r, •avier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2015-07
Page 2 of 2
AGENDA ITEM #C.C.
Ordinance No. FY2018-10 Reestablishing Boards, Committees, a...Page 184 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of
Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The
Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly
Members By Teleconference During Meetings
ORIGINATOR: Daniel Rohrer
RECOMMENDATION:
Move to advance Ordinance No. FY2018-11 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
The current Borough code allows assembly members to participate via teleconference during
work sessions only. AS 44.62.310 reads that attendance and participation at meetings by
members of the public or by members of a governmental body may be by teleconferencing.
AS 29.20.160(f) states the assembly is authorized to determine by ordinance its own rules or
procedure and order of business to the extent otherwise permitted by law. The Assembly
desires to amend the current code to permit members of the Assembly to participate by
teleconference during work sessions, special and regular meetings.
Adoption of this change is contingent to adoption of parameters set by a resolution of the
assembly. See attached draft resolution included in the packet for Assembly consideration at
the November 2nd regular meeting.
ALTERNATIVES:
Leave the code as is.
FISCAL IMPACT:
Teleconferencing costs.
Additional advertising costs.
Installation of additional equipment that may be needed i.e. videoconferencing, etc.
OTHER INFORMATION:
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 185 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-11
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 2
Introduced by: KIB Assembly 1
Drafted by: Borough Clerk/Manager 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-11 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 11
PERSONNEL, CHAPTER 2.17 RULES OF THE ASSEMBLY, SECTION 2.30.020 GENERAL RULES 12
TO ALLOW PARTICIPATION BY ASSEMBLY MEMBERS BY TELECONFERENCE DURING 13
MEETINGS 14
15
WHEREAS, teleconference participation by the mayor, assembly members and the public is 16
authorized by AS 44.62.310(a) and 44.62.312.; and 17
18
WHEREAS, the use of teleconferencing at assembly meetings and work sessions is for the 19
convenience of government officials and the public; and 20
21
WHEREAS, it is the desire of the assembly to allow teleconferencing as long as parameters 22
are set in place by a resolution adopted by the assembly; and 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25
BOROUGH THAT: 26
27
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28
Kodiak Island Borough Code of Ordinances. 29
30
Section 2: That Section 2.30.020B of the Kodiak Island Borough Code of Ordinances is 31
amended to read as follows: 32
33
B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly 34
members shall be in person and may not be by teleconference, except for work sessions and 35
emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 36
shall be followed. Attendance and participation of the members of a governmental body 37
may be by teleconferencing per AS 44.62.310. The mayor or member(s) of the assembly 38
may participate in and vote at regular and special meetings of the assembly by 39
teleconference (e.g., telephone, videoconferencing, or similar technology) under 40
prescribed circumstances and parameters set in place by resolution adopted by the 41
assembly. Participation by teleconference during work sessions and executive sessions 42
is also allowed. 43
44
VERSION 2
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 186 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-11
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 2
Effective Date: This ordinance takes effect only upon adoption of a resolution prescribing the 45
circumstances allowing participation by teleconference. 46
47
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48
THIS __________ DAY OF _______________, 2017. 49
50
KODIAK ISLAND BOROUGH ATTEST: 51
52
53
___________________________ ___________________________ 54
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 55
56
VOTES: 57
Ayes: 58
Noes: 59
60
61
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 187 of 216
Kodiak Island Borough, Alaska Resolution No. FY2018-14
VERSION # 2 Page 1 of 2
Introduced by: KIB Assembly 1
Drafted by: Borough Mayor/Manager/Clerk 2
Introduced on: 11/02/2017 3
Adopted on: 4
5
KODIAK ISLAND BOROUGH 6
RESOLUTION NO. FY2018-14 7
8
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SPECIFYING 9
THE CIRCUMSTANCES AND PARAMETERS THAT ARE PERMISSIBLE FOR 10
TELECONFERENCE PARTICIPATION OF THE MAYOR AND ASSEMBLY MEMBERS 11
12
WHEREAS, teleconference participation by the mayor and assembly members and the public 13
is authorized by AS 44.62.310(a) and 44.62.312.; and 14
15
WHEREAS, the use of teleconferencing at assembly meetings and at work sessions will 16
increase the ability for Borough staff, elected officials, and the public to engage and participate 17
in a meaningful capacity when situations exist precluding their physical presence at meetings; 18
and 19
20
WHEREAS, it is the desire of the assembly to allow teleconferencing with parameters 21
established by a resolution adopted by the assembly; 22
23
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24
BOROUGH that this resolution formally adopts and specifies the circumstances that are allowed 25
for teleconference participation of the mayor and assembly members. 26
27
A. AS 44.62.310 states that attendance and participation of the members of a governmental 28
body may be by teleconferencing; therefore, the mayor or assembly members may 29
participate in and vote at regular and special meetings of the assembly by teleconference 30
(e.g., telephone, videoconferencing, or similar technology), as well as during work sessions 31
and executive sessions. These prescribed circumstances and parameters are as follows: 32
1. The meeting is held with a quorum of members physically present; 33
2. Reasonable technical capabilities are available at the meeting locations to allow the 34
member to participate by teleconference, to include being able to hear and engage in 35
discussion, and being audible to all persons participating in the meeting; 36
3. Reasonable public notice of the date, time, and place of the location(s) from which the 37
assembly member(s) will be appearing telephonically must be given. A member of the 38
public could join the teleconferencing assembly member and participate from the 39
location of the call; 40
4. Prior to the meeting, reasonable efforts should be made to ensure that the member 41
participating by teleconference is provided with the meeting agenda and other pertinent 42
documents to be discussed and/or acted upon; access to the agenda and documents 43
from the borough’s website will be considered sufficient access; and 44
5. All votes taken at the meeting are by roll call. 45
46
VERSION 2
FOR REFERENCE ONLY
This will be on the
November 2 RM Agenda
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 188 of 216
Kodiak Island Borough, Alaska Resolution No. FY2018-14
VERSION # 2 Page 2 of 2
47
B. Telephonic participation is permitted for elected officials who are residents of the 48
outlying villages or cities. Participation is also allowed when the mayor or assembly 49
member(s) are physically absent due to the following: 50
1. The illness or injury of the assembly member or a family member; 51
2. The death of a family member; 52
3. An employment-related commitment; 53
4. A commitment for borough business; 54
5. Other cause preapproved by an action of the assembly at an assembly meeting; and 55
6. Off-island personal travel???? 56
57
C. Participation by teleconference may not be used as a “last minute” device. Assembly 58
members shall notify the clerk’s office with at least a minimum of five-day notice of their 59
intent to participate in a meeting via teleconference and provide sufficient contact 60
information for purposes of setting up the teleconference. This section does not apply to 61
special meetings or emergency meetings of the Assembly. 62
63
D. The mayor, any assembly member, and any member of the public who participates by 64
teleconference shall not be charged for any telephone costs associated with the 65
teleconference participation. 66
67
E. Assembly members participating by teleconference shall identify any persons in the room 68
with them during the time of the teleconference. 69
70
F. If the mayor participates telephonically, the mayor may participate in debate and may vote to 71
break ties but shall not act as presiding officer of the meeting. 72
73
G. The deputy presiding officer must also be physically present to preside over a meeting. In 74
the absence of the mayor and deputy presiding officer, the senior assembly member shall 75
preside over the meeting. 76
77
The assembly may revoke the privilege of participation of an assembly member or the mayor by 78
telephone or electronic means should such participating assembly member or the mayor violate 79
any or all of subsections above. 80
81
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82
THIS __________ DAY OF _______________, 2017. 83
84
KODIAK ISLAND BOROUGH ATTEST: 85
86
___________________________ ___________________________ 87
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 88
VOTES: 89
Ayes: 90
Noes: 91
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 189 of 216
JAN - 17 -2006 TUE 02:56 PM FROM:JESM
MEMORANDUM
FAX:9074868227
r
PAGE 2
min Schmitt St. John
23 Carolyn Street
dlak, Alaska 99815
907) 488 -6024
Fax (907) 488 -8112
a -mail: mattatjeamkod.com
to: Judi Nielsen, Clerk
Kodiak Island Borough
from: Matthew D. Jamin ATTORNEY - CLIENT PRIVILEGE APPLIES
broposedre: amendment to KIBC 2.17.020
date: ;January 17, 2006
As requested we have reviewed the proposed change to Kodiak Island Borough
Code section 2,17,020. It is the intent of this amendment to permit members of the
assembly to participate by teleconference at meetings of the assembly. According to
AS 29.20.160 (f), the assembly is authorized to determine by ordinance its own rules of
procedure and order of business to the extent otherwise permitted by law.
1
As noted in the preamble to the proposed ordinance, general authority for the
proposed change is found in Alaska's Open Meetings Act ( "OMA "), AS 44.62.310.
Subsection (a) of AS 44.62.310 reads:
All meetings of a governmental body of a public entity of the state are
open to the public except as otherwise provided by this section or another
provision of law. Attendance and participation at meetings by members of
the public or by members of a governmental body may be by
teleconferencing. Agency materials that are to be considered at the
Meeting shall be made available at teleconference locations if practicable.
Except when voice votes are authorized, the vote shall be conducted in
such a manner that the public may know the vote of each person entitled
to vote. The vote at a meeting held by teleconference shall be taken b roll
call. This section does not apply to any votes required to be taken to
organize a governmental body described in this subsection. (Emphasis
edded.)
Subsection (e) of AS 44.62.310 is also relevant. It reads:
Reasonable public notice shall be given for all meetings required to be
open under this section. The notice must include the date, time, and place
of the meeting and if, the meeting is by teleconference, the location of an
teleconferencing facilities that will be used. Subject to posting notice of a
Meeting on the Alaska Online Public Notice System as required by AS
44.62.175 (a), the notice may be given using print or broadcast media. The
notice shall be posted at the principal office of the public entity or, if the
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 190 of 216
JAN - 17 - 2006 TUE 02:56 PM FROM:JESM
Memo to ' Judi Nielsen
January 17, 2006
Page 2
public entity has no principal office, at a place designated by the
governmental body. The governmental body shall provide notice in a
consistent fashion for all its meetings. (Emphasis added.)
The Alaska Supreme Court has interpreted AS 44.62.310 on several occasions.
In Hickel v. Southeast Conference' the actions of the Reapportionment Board were
challenged under the Open Meetings Act. The court noted:. "The Open Meetings Act
allows, but does not require, the use of teleconferencing 'for the convenience of the
parties, the public, and the governmental units conducting the meetings,' "
The court went on to state:
While teleconferencing is not mandatory, the Act requires certain
procedures if it is used. These Include making materials available at
tleconference locations, taking votes by roll call, and providing
reasonable public notice as to the time, date and location of the
teleconference location to be used.
Implicit In the Hickel decision is that voting members of the governmental unit
must attend at noticed teleconference sites. The court also approved the practice of
allowing members of the public to provide testimony by telephone without traveling to in
official i.e., noticed) teleconference site.
r Alaska Community Colleges' Federation of Teachers v. University of Alaska,
the cout reviewed the decision of the university's board of regents to merge two
colleges Into the University of Alaska, Juneau. The court noted that if "a public body
acts in of the OMA, its actions are void. " This means that it is very important
for the Iprough to fully comply with the OMA.
Iii Brookwood Area Homeowners Association v. Municipality of Anchorage, the
court considered the action of the Anchorage Municipal Assembly when it met privately
2
3
868 P.2d 919 (Alaska 1994).
Id at 929, citing AS 44.62,312(a)(6).
Id, citing AS 44.62.310.
77 P.2d 886 (Alaska 1 984).
Id at 888.
Is 702 P.2d 1317 (Alaska 1986).
FAX:9074868227 PAGE 3
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 191 of 216
JAN - 17 - 2006 TUE 02:57 PM FROM:JESM
Memo to Judi Nielsen
January 17, 2006
Page 3
FAX:9074868227 PAGE 4
with a dsveloper to discuss an rezoning application. The trial court held that this was
not a "rreeting" under the OMA. The supreme court disagreed and noted that
a "meeting" includes every step of the deliberative and decision - making
process when a governmental unit meets to transact public business.'
Laving considered this authority, it is our opinion that the assembly may adopt an
ordinanqe which allows assembly members to participate via teleconference. However,
reasonable public notice of the date, time and place of the locations) from which the
assemb'y member(s) will be appearing telephonically must be given. Also, any of the
materials generally available to the public should be at the teleconference site. Note
that in theory, a member of the public could join the teleconferencing assembly member
and participate from the location of the call. One would not expect this to occur if an
assembly member was participating from Seattle because she was there on business.
But if ors or more assembly members went to one of the outlying Borough villages to
encourage participation by people there or otherwise, one would want to make sure that
provisior was made for people there to participate as well.
This suggests that participation by teleconference not be used as a "last minute"
device, ut only after notice of where and when the teleconference will occur.
Im our view, the various other options presented in the proposed ordinance are
policy issues for the assembly and do not have legal constraints. Please let us know if
you have additional questions or concems. Thank you for providing us this opportunity
to comment.
7 Id at 1323.
AGENDA ITEM #C.D.
Ordinance No. FY2018-11 Amending Kodiak Island Borough Code ...Page 192 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: KIB Assembly 1
Drafted by: Borough Mayor/Manager 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-12 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 RULES OF THE ASSEMBLY 11
SECTION 2.30.030 TYPES OF MEETINGS TO ALLOW THE ASSEMBLY TO SET AND 12
ADOPT ITS MEETING CALENDAR FOR THE FOLLOWING YEAR BY RESOLUTION 13
14
WHEREAS, KIBC states when, where, and time when the assembly shall meet and there is a 15
desire to amend the code to allow for flexibility when scheduling when and where meetings 16
should be held as long as sufficient public notice is given; and 17
18
WHEREAS, there may be times that there are other suitable places to conduct the assembly 19
meetings; and 20
21
WHEREAS, it is beneficial to properly plan in advance for holidays and/or if it is determined 22
that a quorum will not be present to conduct business; and 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25
BOROUGH THAT: 26
27
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28
Kodiak Island Borough Code of Ordinances. 29
30
Section 2: That sections 2.30.030 of the Kodiak Island Borough Code of Ordinances is 31
amended to read as follows: 32
33
2.30.030 Types of meetings. 34
35
A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 36
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 37
p.m. on the first and third Thursdays of each month, or such other time and place as 38
may be designated in the notice of the meeting as specified in a yearly calendar 39
adopted by a resolution of the assembly. A regular meeting of the assembly may 40
be canceled by the assembly; however, if no quorum exists or there is an 41
emergency, it may be canceled by the mayor. Public notice of changed meetings 42
shall be made in at least one newspaper of general circulation in the borough. Meetings 43
shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to 44
which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless 45
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 193 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
extended by a two-thirds vote of the assembly, except the meeting shall be extended to 46
set the time and place for resumption of the meeting. 47
48
Effective Date: This ordinance takes effect upon adoption of the yearly calendar by resolution. 49
(Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified 50
in the ordinance.) 51
52
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53
THIS __________ DAY OF _______________, 2017. 54
55
KODIAK ISLAND BOROUGH ATTEST: 56
57
58
___________________________ ___________________________ 59
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 60
61
VOTES: 62
Ayes: 63
Noes: 64
65
66
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 194 of 216
KODIAK ISLAND BOROUGH
STAFF REPORT
OCTOBER 19, 2017
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel
Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To
Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following
Year By Resolution
ORIGINATOR: Daniel Rohrer
RECOMMENDATION:
Move to advance Ordinance No. FY2018-12 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
KIBC states when, where, and time when the assembly shall meet and there is a desire to
amend the code to allow for flexibility when scheduling when and where meetings should be
held as long as sufficient public notice is given.
The Kodiak Island Borough complies with the Open Meetings Act and makes sure that
reasonable public notices are going out for all meetings of the Assembly.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 195 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 2
Introduced by: KIB Assembly 1
Drafted by: Borough Mayor/Manager 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-12 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 RULES OF THE ASSEMBLY 11
SECTION 2.30.030 TYPES OF MEETINGS TO ALLOW THE ASSEMBLY TO SET AND 12
ADOPT ITS MEETING CALENDAR FOR THE FOLLOWING YEAR BY RESOLUTION 13
14
WHEREAS, KIBC states when, where, and time when the assembly shall meet and there is a 15
desire to amend the code to allow for flexibility when scheduling when and where meetings 16
should be held as long as sufficient public notice is given; and 17
18
WHEREAS, there may be times that there are other suitable places to conduct the assembly 19
meetings; and 20
21
WHEREAS, it is beneficial to properly plan in advance for holidays and/or if it is determined 22
that a quorum will not be present to conduct business; and 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25
BOROUGH THAT: 26
27
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28
Kodiak Island Borough Code of Ordinances. 29
30
Section 2: That sections 2.30.030 of the Kodiak Island Borough Code of Ordinances is 31
amended to read as follows: 32
33
2.30.030 Types of meetings. 34
A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 35
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. 36
on the first and third Thursdays of each month, or such other time and place as may be 37
designated in the notice of the meeting. If the regular meeting day falls on a holiday or 38
holiday eve, then the Assembly may advance, retard, or cancel the meeting as necessary. 39
When the lack of a quorum of the Assembly necessary for holding a meeting occurs, or 40
when there is little or no business to be considered at a scheduled regular meeting, the 41
Assembly may cancel such meeting and hear its business at the next regular meeting. 42
Public notice of changed meetings shall be made in at least one newspaper of general 43
circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a 44
majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 45
VERSION 2 FROM
ASSEMBLY MEMBER SKINNER
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 196 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 2
p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be 46
extended to set the time and place for resumption of the meeting. 47
48
Effective Date: This ordinance takes effect upon adoption of the yearly calendar by resolution. 49
(Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified 50
in the ordinance.) 51
52
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53
THIS __________ DAY OF _______________, 2017. 54
55
KODIAK ISLAND BOROUGH ATTEST: 56
57
58
___________________________ ___________________________ 59
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 60
61
VOTES: 62
Ayes: 63
Noes: 64
65
66
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 197 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 1 of 2
Insertion – Bold, Blue, Underlined Version 1
Introduced by: KIB Assembly 1
Drafted by: Borough Mayor/Manager 2
Introduced on: 10/19/2017 3
Public Hearing Date: 4
Adopted on: 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2018-12 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 RULES OF THE ASSEMBLY 11
SECTION 2.30.030 TYPES OF MEETINGS TO ALLOW THE ASSEMBLY TO SET AND 12
ADOPT ITS MEETING CALENDAR FOR THE FOLLOWING YEAR BY RESOLUTION 13
14
WHEREAS, KIBC states when, where, and time when the assembly shall meet and there is a 15
desire to amend the code to allow for flexibility when scheduling when and where meetings 16
should be held as long as sufficient public notice is given; and 17
18
WHEREAS, there may be times that there are other suitable places to conduct the assembly 19
meetings; and 20
21
WHEREAS, it is beneficial to properly plan in advance for holidays and/or if it is determined 22
that a quorum will not be present to conduct business; and 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25
BOROUGH THAT: 26
27
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28
Kodiak Island Borough Code of Ordinances. 29
30
Section 2: That sections 2.30.030 of the Kodiak Island Borough Code of Ordinances is 31
amended to read as follows: 32
33
2.30.030 Types of meetings. 34
35
A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 36
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 37
p.m. on the first and third Thursdays of each month, or such other time and place as 38
may be designated in the notice of the meeting as specified in a yearly calendar 39
adopted by a resolution of the assembly. A regular meeting of the assembly may 40
be canceled by the assembly; however, if no quorum exists or there is an 41
emergency, it may be canceled by the mayor. Public notice of changed meetings 42
shall be made in at least one newspaper of general circulation in the borough. Meetings 43
shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to 44
which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless 45
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 198 of 216
Kodiak Island Borough, Alaska Ordinance No. FY2018-12
Deletion – Red, Strikeout Page 2 of 2
Insertion – Bold, Blue, Underlined Version 1
extended by a two-thirds vote of the assembly, except the meeting shall be extended to 46
set the time and place for resumption of the meeting. 47
48
Effective Date: This ordinance takes effect upon adoption of the yearly calendar by resolution. 49
(Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified 50
in the ordinance.) 51
52
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53
THIS __________ DAY OF _______________, 2017. 54
55
KODIAK ISLAND BOROUGH ATTEST: 56
57
58
___________________________ ___________________________ 59
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 60
61
VOTES: 62
Ayes: 63
Noes: 64
65
66
AGENDA ITEM #C.E.
Ordinance No. FY2018-12 Amending Title 2 Administration And ...Page 199 of 216
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Kodiak Island Borough
Engineering & Facilities Department
Projects Office
710 Mill Bay Road • Kodiak, Alaska 99615
Phone (907) 486-9210 Fax (907) 486-9347
TO: Mayor and Assembly
FROM: Matt Gandel, Project Manager/Inspector
CC: Michael Powers, Borough Manager
Bob Tucker, E/F Director
RE: Projects Status Report for Period Ending September 30, 2017
BALER BUILDING EXTERIOR IMPROVEMENTS
Jensen Yorba Lott (JYL) began the design process to replace the roof of the Baler Building in 2016. After
several reviews by the Architectural/Engineering Review Board (ARB), the design now includes a base
bid for a new metal roof and an alternate bid for an insulated panel roofing system. ARB discussion also
brought up replacement of the exterior siding at the same time as the roof. JYL completed design for the
siding replacement, and the 95% documents for both the roof and siding were reviewed and approved
by the ARB on June 6, 2017. The ARB requested review of the 100% documents when they are
completed. The Assembly approved funding for both projects on May 4, 2017, and the design
documents will now be compiled to be bid as one project for both the roof and siding. The 100%
documents were delivered in September 2017 and are being reviewed by KIB staff. Once that review is
complete another ARB meeting will be scheduled.
CHINIAK TSUNAMI SHELTER
Design work is continuing to replace the Chiniak Tsunami Shelter and Library that was destroyed in the
Twin Creeks fire. During 2016, staff held several meetings with the Chiniak community to discuss the
details of a new building and Jensen Yorba Lott (JYL) has provided design documents. Those documents
are currently being reviewed by the Borough’s insurance carrier.
EAST ELEMENTARY INTERIOR RENOVATION
This project was included on the list of bond projects approved by voters in 2014, and is for replacement
of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. The project was split
into two phases: Phase 1 included renovation of existing restrooms and was completed in September
2017. Phase 2 will be hazardous material abatement and installation of new flooring, cabinets,
countertops, and doors, and is scheduled for summer 2018. The design documents for Phase 2 are
currently being finalized, and will be issued for bid in fall 2017.
KODIAK MIDDLE SCHOOL BOILER REPLACEMENT
At the Assembly work session on September 14, 2017, KIB and KIBSD staff presented the issues with the
two fuel oil boilers at Kodiak Middle School. The Alaska Department of Education and Early
Development denied the request to replace the boilers and associated equipment as a change order to
the KMS Fire Alarm, Controls, and Elevator project but is still reviewing the request to redirect excess
funds from that project to create a new project. Staff is now working to replace one of the boilers with
an electric boiler as soon as possible. This work would be reimbursed by Kodiak Electric Association, and
AGENDA ITEM #B.A.
September 2017 Projects Reports, Project Budget Status, Chan...Page 210 of 216
Project Status Report – September 2017 Page 2
provide a reliable boiler for the school. Replacement of the other boiler and boiler room equipment
would be designed and bid as a separate project, with the goal to do the work during summer 2018.
MAIN ELEMENTARY WALKWAY
The elevated walkway that leads from Powell Avenue to the main entrance at Main Elementary was
closed in September 2016 due to concerns about corroding metal decking and concrete. PND Engineers
completed design to replace the walkway and Wolverine Supply is the contractor. As of September 30,
2017, new structural steel, treated wood, and FRP overlay had been installed. New galvanized steel
railings are scheduled to arrive and be installed in mid-October 2017. Once the new railings for the
walkway are complete the walkway can be safely reopened for use. The railing along Powell Avenue will
be replaced as well, but this work will occur after the walkway is completed.
PAVING AND UST REPLACEMENT – PETERSON/KMS
This project was included on the list of bond projects approved by voters in 2014, and is for removal of
the underground storage tank and installation of a new aboveground tank at Kodiak Middle School, and
paving of the parking lot at Peterson Elementary and behind Kodiak Middle School. Jensen Yorba Lott is
the architect for this project, and submitted 95% drawings and specifications at the end of September
2017. A meeting of the Architectural/Engineering Review Board is scheduled for October 4, 2017 to
review the latest design. The project is scheduled to be issued for bid in fall 2017 with construction
scheduled for summer 2018.
UST REPLACEMENT – MAIN, OLD HARBOR, PORT LIONS
This project was included on the list of bond projects approved by voters in the 2014 election, and is for
removal of underground storage tanks at Main Elementary, Old Harbor, and Port Lions and installation
of new aboveground tanks at Main and Port Lions. (Old Harbor already has a new aboveground tank.)
Jensen Yorba Lott is the architect for this project, and submitted 95% drawings and specifications at the
end of September 2017. A meeting of the Architectural/Engineering Review Board is scheduled for
October 4, 2017 to review the latest design. The project is scheduled to be issued for bid in fall 2017
with construction scheduled for summer 2018.
WOMENS BAY EMERGENCY SHELTER GENERATOR
In October 2015 an addition to the Womens Bay Fire Department was completed, intended to serve as a
shelter for community residents in the event of emergency. During construction electrical equipment
was installed to accommodate a future generator for emergency power. The new generator was
installed in August 2017, and on September 21, 2017, it was successfully started up and is now available
to provide emergency power if necessary.
Installation of New Steel Treated Wood Timbers FRP Walkway Surface
AGENDA ITEM #B.A.
September 2017 Projects Reports, Project Budget Status, Chan...Page 211 of 216
BUDGET EXPENSES OBLIGATED REMAINING
Baler Building Exterior Improvements 565,000$ 54,829$ 7,806$ 502,366$
East Elementary Interior Renovation 1,592,841$ 517,415$ 43,483$ 1,031,944$
KMS Fire Alarm, Controls, Elevator 2,035,193$ 1,345,474$ 138,486$ 551,233$
Main Elementary Walkway 347,500$ 128,041$ 191,442$ 28,017$
Paving (KMS/Peterson) and UST Replacement (KMS)1,797,829$ 101,713$ 17,980$ 1,678,135$
Playground Replacements 879,440$ 818,097$ 25,000$ 36,343$
UST Replacements - Main, Old Harbor, Port Lions 577,375$ 38,987$ 34,152$ 504,236$
Village Flooring - Akhiok, Karluk, Ouzinkie 403,489$ 401,614$ 1,328$ 548$
Kodiak Island Borough
Project Budget Status
PROJECT
Period Ending September 30, 2017
Funding: Solid Waste Enterprise Fund ($565,000).
Funding: Fund 220 Buildings and Grounds ($347,500).
Funding: General Obligation Bonds ($577,375). Bonds are eligible for reimbursement by the State of Alaska.
Funding: General Obligation Bonds ($1,797,829). Bonds are eligible for reimbursement by the State of Alaska.
Funding: General Obligation Bonds ($403,489). Bonds are eligible for reimbursement by the State of Alaska.
Funding: General Obligation Bonds ($1,592,841). Bonds are eligible for reimbursement by the State of Alaska.
Funding: General Obligation Bonds ($2,035,193). Bonds are eligible for reimbursement by the State of Alaska.
Funding: General Obligation Bonds ($829,440), Designated Legislative Grant ($50,000). Bonds are eligible for reimbursement by the State of Alaska.
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Kodiak Island Borough
Engineering & Facilities Department
Projects Office
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9210 Fax (907) 486-9347
Change Orders – September 2017
To: Michael Powers, Borough Manager
Cc: Bob Tucker, E/F Director
From: Matt Gandel, Project Manager/Inspector
RE: Change Orders for Period Ending September 30, 2017
Below is a summary of approved change orders for capital projects for September 2017:
East Elementary Renovation Phase I
Wolverine Supply, Inc. – Contract 2017-24
Change Order #03 - $885.26
RFP 03 – The existing rough-in for the lighting required a change to each of the rough-in boxes.
Due to extensions of the length of raceway, the wiring had to be re-pulled to the nearest
junction box. $1,883.66
RFP 04 – Credit for the supply and installation of four new exhaust fans in the kindergarten
restrooms. Existing plans indicate a single exhaust fan serving the kindergarten restrooms, and
replacement with individual exhaust fans is not necessary. ($998.40)
KMS Fire Alarm, Controls, HVAC
Wolverine Supply – Contract 2017-27
Change Order #05 - $2,289.56
Changes required by State of Alaska Elevator Inspector:
RFP 012 – Provide credit for pit ladder design, fabrication and installation. Existing ladder to
remain and new grab bar installed per elevator consultant and state inspector. ($1,040.00)
RFP 014 – Supply and install a drip pan under the existing unit heater at the elevator machine
room. $771.70
RFP 015 – Reroute existing elevator sump pump discharge piping to terminate outside the
building rather than into the sanitary sewer. $2,557.86
Change Order #06 - $16,783.82
Modifications to fire alarm system required by City of Kodiak Fire Chief and due to existing
conditions different from record drawings:
RFP 09 – Add magnetic door holders at corridor connecting the Middle School to the High
School, required by Fire Chief due to School District change in occupancy. $7,048.45
AGENDA ITEM #B.A.
September 2017 Projects Reports, Project Budget Status, Chan...Page 213 of 216
Change Orders – September 2017 Page 2
RFP 10 – Fire Chief required two pull stations and seven speaker strobes installed at existing
locations to be relocated. $1,469.43
RFP 011 – Removal of two existing pull stations and four existing smoke detectors not indicated
on contract documents, and connection and programming of an unknown tamper switch in
room 211D. $2,588.81
RFP 013 – Additional work per drawings review comments and onsite walkthrough, including a
speaker strobe in room 213A, wall mounted speakers in offices 166 and 172, and a pull station
in 211C. $5,677.13
Change Order #07 - $12,725.08
Change Order No. 1 was for replacement of existing Terminal Fans and Variable Air Volume
units, and included a time and materials (T&M) amount for removing and replacing drywall
ceilings, lights, sprinkler pipes, and other obstructions. Once construction began it was clear that
because the new units were larger than existing and due to multiple existing obstructions, the
original T&M amount would not be sufficient. The T&M total included was $20,830.20, and the
actual cost was $33,555.28. This change order is for the difference.
Change Order #08 - $1,378.98
Due to limited clearance in the ceiling, three VAV Terminal Units at AC 220, 230 and 231 were
installed in lieu of Terminal Fans including transitions as necessary, and demolishing existing
power wiring back to source at locations to receive new VAV’s. Includes a credit for the Terminal
Fans not used.
Change Order #09 - $4,976.69
RFP 016 – The existing fuel oil day tank high and low level alarm switches were discovered to be
non-functional. Per the response to RFI C23, remove and replace the existing high and low level
switches on the existing fuel oil day tank.
Main Elementary Elevated Walkway Repairs
Wolverine Supply – Contract 2017-39
Change Order #01 - $4,245.57
Demolition of existing steel structure revealed different existing conditions than what was
shown on record drawings, requiring additional steel to be fabricated and installed. Additional
scope of work includes:
• Remove and replace siding as required to expose existing failed steel supports at building.
• Removed failed steel supports and install new fabricated steel supports per new details 2 &
2A on S3.1.
• New steel supports at building are to be painted to match existing finished steel.
• Prime and paint only to occur at new siding and trim portion of install as needed.
UST Replacement – Main, Old Harbor, Port Lions
Jensen Yorba Lott – Contract 2014-13
Change Order #45 - $5,867.00
Provide additional design services to relocate the existing water line leading into Main
Elementary to avoid conflict with the new fuel tank location.
AGENDA ITEM #B.A.
September 2017 Projects Reports, Project Budget Status, Chan...Page 214 of 216
A B C D E F G
Project Budget
Original Project
Contingency
Remaining Project
Contingency Construction Budget
Original Construction
Contingency
Remaining Construction
Contingency
Total Remaining
Contingency (C+F)
Baler Building Exterior Improvements 565,000$ -$ -$ 452,000$ -$ -$ -$
East Elementary Interior Renovation 1,592,841$ 64,750$ 49,951$ 1,294,993$ 46,179$ -$ 49,951$
KMS Fire Alarm, Controls, Elevator 2,035,193$ 82,064$ 82,064$ 1,641,285$ 574,285$ 355,392$ 437,456$
Main Elementary Walkway 347,500$ 27,800$ 23,554$ 278,000$ -$ -$ 23,554$
Paving and UST Replacement (Peterson/KMS)1,797,829$ 73,682$ 73,682$ 1,473,630$ -$ -$ 73,682$
Playground Replacements 879,440$ -$ -$ 815,962$ 17,107$ 17,107$ 17,107$
UST Replacements - Main, Old Harbor, Port Lions 577,375$ 22,398$ 22,398$ 447,952$ -$ -$ 22,398$
Village Flooring - Akhiok, Karluk, Ouzinkie 403,489$ 15,979$ 139$ 339,574$ 9,663$ -$ 139$
Kodiak Island Borough
Project Budget amounts include the Construction Budget amount. For example the Project Budget of $2,035,193 for the KMS Fire Alarm, Controls, Elevator project includes the $1,641,285 budget for construction.
Construction Contingency and Project Contingency amounts are separate and combined to equal the total contingency available for a project.
Project
Projects without a Construction Contingency have not been put out for bid. Once bids are received and a contract awarded for these projects Construction Contingency will be the difference between the budget and the contract amount.
Project and Contingency Budget Detail
Period Ending September 30, 2017
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Start Finish
Flooring Replacement -
Main and Peterson Oct 2015 Sep 2016 100%Completed 813,498$ -$ 813,498$ (586,882)$ -$ 226,616$
Peterson Elementary Boilers
and Controls Oct 2015 Sep 2016 100%Completed 1,019,428$ -$ 1,019,428$ (826,995)$ (7,442)$ 184,991$
Roofing Replacement -
East and KMS Jan 2016 Sep 2016 100%Completed 1,367,248$ (206,341)$ 1,160,907$ (822,526)$ -$ 338,381$
Playground Replacement May 2016 Sep 2017 95%Construction completed, closeout underway 668,099$ 211,341$ 879,440$ (818,097)$ (25,000)$ 36,343$
East Elementary School
Renovations Jun 2016 Sep 2018 50%
Phase 1 construction completed, closeout
underway; Phase 2 construction scheduled for
summer 2018
1,592,841$ -$ 1,592,841$ (517,415)$ (43,483)$ 1,031,944$
KMS Fire Alarm, HVAC,
and Elevator Controls Jun 2016 Sep 2017 95%Construction completed, closeout underway 2,035,193$ -$ 2,035,193$ (1,345,474)$ (138,486)$ 551,233$
Flooring Replacement -
Akhiok, Karluk, Ouzinkie Jun 2016 Sep 2017 100%Completed 383,489$ 20,000$ 403,489$ (401,614)$ (1,328)$ 548$
Paving and UST Replacement -
KMS and Peterson Feb 2017 Sep 2018 10%Design underway, bidding planned for fall 2017,
construction planned for summer 2018 1,797,829$ -$ 1,797,829$ (101,713)$ (17,980)$ 1,678,135$
UST Replacement - Main,
Old Harbor, Port Lions Feb 2017 Sep 2018 10%Design underway, bidding planned for fall 2017,
construction planned for summer 2018 552,375$ 25,000$ 577,375$ (38,987)$ (34,152)$ 504,236$
TOTAL 10,230,000$ 50,000$ 10,280,000$ (5,459,704)$ (267,871)$ 4,552,426$
Status Original Budget Current Budget Expenses% Complete Adjustment
Kodiak Island Borough
2014 Bond Projects Summary
Period Ending September 30, 2017
ScheduleProject Obligated Remaining
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FOR REFERENCE ONLY Introduced by: KIB Assembly
Drafted by: Borough Mayor/Manager/Clerk
This will be on the Introduced on: 11/02/2017
November Z RM Agenda Adopted on:
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2018-14
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SPECIFYING
THE CIRCUMSTANCES AND PARAMETERS THAT ARE PERMISSIBLE FOR
TELECONFERENCE PARTICIPATION OF THE MAYOR AND ASSEMBLY MEMBERS
WHEREAS, teleconference participation by the mayor and assembly members and the public
is authorized by AS 44.62.310(a) and 44.62.312.; and
WHEREAS, the use of teleconferencing at assembly meetings and at work sessions will
increase the ability for Borough staff, elected officials, and the public to engage and participate
in a meaningful capacity when situations exist precluding their physical presence at meetings;
and
WHEREAS, it is the desire of the assembly to allow teleconferencing with parameters
established by a resolution adopted by the assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that this resolution formally adopts and specifies the circumstances that are allowed
for teleconference participation of the mayor and assembly members.
(e.g., telephone, videoconferencing, or similar technology), as well as during work sessions
and executive sessions. These prescribed circumstances and parameters are as follows:
1. The meeting is held with a quorum of members physically present;
2. Reasonable technical capabilities are available at the meeting locations to allow the
member to participate by teleconference, to include being able to hear and engage in
discussion, and being audible to all persons participating in the meeting;
3. Reasonable public notice of the date, time, and place of the location(s) from which the
assembly member(s) will be appearing telephonically must be given. A member of the
public could join the teleconferencing assembly member and participate from the
location of the call;
4. Prior to the meeting, reasonable efforts should be made to ensure that the member
participating by teleconference is provided with the meeting agenda and other pertinent
documents to be discussed and/or acted upon; access to the agenda and documents
from the borough's website will be considered sufficient access; and
5. All votes taken at the meeting are by roll call.
Kodiak Island Borough, Alaska
Resolution No. FY2018-14
Page 1 of 2
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Participation is also allowed when the mayor or assembly
member(s) are physically absent due to the following:
1. The illness or injury of the assembly member or a family member;
2. The death of a family member;
3. An employment-related commitment;
4. A commitment for borough business;
5. Other cause preapproved by an action of the assembly at an assembly meeting; and
6. Off -island personal travel????
C. Participation by teleconference may not be used as a "last minute' device. Assembly
members shall notify the clerk's office with at least a minimum of five-day notice of their
intent to participate in a meeting via teleconference and provide sufficient contact
information for purposes of setting up the teleconference. This section does not apply to
special meetings or emergency meetings of the Assembly.
D. The mayor, any assembly member, and any member of the public who participates by
teleconference shall not be charged for any telephone costs associated with the
teleconference participation.
E. Assembly members participating by teleconference shall identify any persons in the room
with them during the time of the teleconference.
F. If the mayor participates telephonically, the mayor may participate in debate and may vote to
break ties but shall not act as presiding officer of the meeting.
G. The deputy presiding officer must also be physically present to preside over a meeting. In
the absence of the mayor and deputy presiding officer, the senior assembly member shall
preside over the meeting.
The assembly may revoke the privilege of participation of an assembly member or the mayor by
telephone or electronic means should such participating assembly member or the mayor violate
any or all of subsections above.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2017.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes:
Noes:
Kodiak Island Borough, Alaska
ATTEST:
Nova M. Javier, MMC, Clerk
Resolution No. FY2018-14
Page 2 of 2
Kodiak Island Borough
Assembly Regular Meeting Guidelines
October 19, 2017, 6:30 p.m., Borough Assembly Chambers
PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put
them on vibrate.
1. INVOCATION
Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE — Mayor Rohrer.
3. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
4. APPROVAL OF AGENDA
Recommended motion: Move to approve the agenda.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES — None.
6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
PLEASE ANNOUNCE: Public hearing will be held later on the agenda. Citizens
comments are for general comments and for items that are NOT scheduled for
public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
7. AWARDS AND PRESENTATIONS
A. Filipino American National History Awareness Month Proclamation
B. Alaska Aerospace Corporation Update — President and CEO, Craig E. Campbell
C. Employee Of The Quarter
D. Longevity Award — John Rhines
8. COMMITTEE REPORTS
Kodiak Island Borough Assembly Guidelines
October 19, 2017 Page 1
9. PUBLIC HEARING
A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing
The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban
Residential To Commercial (P&Z Case 17-028).
Clerk's note: The motion is already on the floor which is "Move to adopt
Ordinance No. FY2018-08. " This is a second public hearing for this Ordinance.
Staff Report — Manager Powers.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single -
Family Residential District to B -Business District (P&Z Case No. 17-029).
Clerk's note: Clerk's note: The motion is already on the floor which is "Move to
adopt Ordinance No. FY2018-09." This is a second public hearing for this
Ordinance. 2 public hearing notices were returned and are included in the packet.
Staff Report — Manager Powers.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask,speakers to sign in and state their name for the record.,
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
Kodiak Island Borough Assembly Guidelines
October 19, 2017 Page 2
13. NEW BUSINESS
A. Contracts — None.
B. Resolutions
1. Resolution No. FY2018-13 Ratifying And Certifying The Results Of The October
3, 2017 Municipal Election.
Recommended motion: Move to adopt Resolution No. FY2018-13.
Staff Report — Borough Clerk.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
C. Ordinances for Introduction
1. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year
2018 Budget, By Amending Budgets To Account For Various Revenues That Are
Over Budget, Providing For Additional Expenditures And Moving Funds Between
Projects.
Recommended motion: Move to advance Ordinance No. FY 2018-01A to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
2. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 -
Multifamily Residential District To R1 -Single -Family Residential District (P&Z
Case No. 18-002).
Recommended motion: Move to advance Ordinance No. FY2018-32 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
Kodiak Island Borough Assembly Guidelines
October 19, 2017 Page 3
3. Ordinance No. FY2018-10 Reestablishing Boards, Committees, and
Commissions as Established in the Kodiak Island Borough Code of Ordinances
Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and
Commissions.
Recommended motion: Move to advance Ordinance No. FY 2018-10 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
4. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of
Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The
Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly
Members By Teleconference During Meetings.
Recommended motion: Move to advance Ordinance No. FY 2018-11 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
5. Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel
Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To
Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following
Year By Resolution.
Clerk's note: Attached on yellow paper are two versions — original and version 2
from Assembly member Skinner.
Recommended motion: Move to advance Ordinance No. FY 2018-12
(version _) to public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
Kodiak Island Borough Assembly Guidelines
October 19, 2017 Page 4
D. Other Items
1. Administration Of Oath Of Office To Newly Elected Officials.
Clerk Javier to administer the oath of office to Assembly members Julie
Kavanaugh, Andy Schroeder, and Rebecca Skinner.
2. Presentation To Outgoing Assembly Members.
Mayor to present certificate of appreciation to Assembly member LeDoux and
Assembly member Townsend.
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Agenda Items not scheduled for public hearing and general comments.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
15. ASSEMBLY MEMBERS' COMMENTS
Announcements
The Assembly will hold a work session on Thursday, October 26, 2017 at 6:30 p.m. in
the School District Conference Room. The next regular meeting is scheduled on
Thursday, November 02, 2017 at 6:30 p.m. in the Borough Assembly Chambers.
The Assembly will meet with the City Council at a joint work session on Tuesday,
November 8 at 7:30 p.m. at the Public Library.
16. EXECUTIVE SESSION — None.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
Kodiak Island Borough Assembly Guidelines
October 19, 2017 Page 5
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KODIAK ISLAND BOROUGH
REGULAR MEETING
Regular Meeting of:
Oct • 1c1(p 17
Please PRINT your name Please PRINT your name
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View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on Twitter:
@KodiakBorough
Kodiak Island Borough
Assembly Newsletter
Vol. FY2018, No. 9 October 20, 2017
At Its Regular Meeting Of October 19, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next
Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, November 02, 2017, At 6:30 p.m. In The Borough
Assembly Chambers.
PROCLAIMED The Month Of October 2017 As Filipino American National History Month As
Established By The Trustees Of The Filipino American National Historical Society.
PRESENTED The Employee Of The Quarter Award To John Rhines, PC Network Tech II In The IT
Department.
PRESENTED A Longevity Award To John Rhines, PC Network Tech II In The IT Department.
FAILED Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future
Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z
Case 17-028).
FAILED Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family
Residential District to B-Business District (P&Z Case No. 17-029).
ADOPTED Resolution No. FY2018-13 Ratifying And Certifying The Results Of The October 3, 2017
Municipal Election.
ADVANCED Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year 2018
Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For
Additional Expenditures And Moving Funds Between Projects To Public Hearing At The Next Regular
Meeting Of The Assembly.
ADVANCED Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Multifamily
Residential District To R1-Single-Family Residential District (P&Z Case No. 18-002) To Public Hearing
At The Next Regular Meeting Of The Assembly.
ADVANCED Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as
Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel
Chapter 2.100 Boards, Committees, and Commissions To Public Hearing At The Next Regular Meeting
Of The Assembly.
ADVANCED Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2
Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules
To Allow Participation By Assembly Members By Teleconference During Meetings To Public Hearing At
The Next Regular Meeting Of The Assembly.
AMENDED, ADVANCED Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel
Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To
Set And Adopt Its Meeting Calendar For The Following Year By Resolution To Public Hearing At The
Next Regular Meeting Of The Assembly.
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on Twitter:
@KodiakBorough
ADMINISTERED The Oath of Office to Newly Elected Officials.
PRESENTED Certificates Of Appreciation To Outgoing Assembly Members Larry LeDoux And Dave
Townsend.