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2006-09-20 Regular Meeting ~~(G~UW1le~ PLANNING AND ZONING COMMISSION REGULAR MEETING SEPT. 20, 2006 7:30p.m. OCT 1 9 2006 i KODIAK ISLAND BOROUGH ASSEMBLY CHAMB S Minutes BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on September 20, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Excused Absent Others Present Duane Dvorak Community Development Zoe Pierson Community Development Ed Coe Peggy Tuttle Richard Collins Greg Lopez J ames Brune Linda Freed Clarence M. McClaren Jerrol Friend - Chair David King Gary Carver Brent Watkins Dennis McMurry Casey J anz Gary Juenger x X X X X X X CHAIR FRIEND expressed his willingness to accept a motion to excuse COMMISSIONER MCMURRY. COMMISSIONER KING MOVED to excuse COMMISSIONER MCMURRY, and COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND authorized a voice vote, and the motion CARRIED unanimously, 6-0. III. APPROVAL OF AGENDA CHAIR FRIEND asked if there were any changes or additions to the Agenda as distributed, noting that a communication item, the notes resulting from the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, had been added on the day of this meeting. CHAIR FRIEND expressed his willingness to accept a motion to approve the agenda as presented. COMMISSIONER.JANZ MOVED TO APPROVE the Agenda as presented, and the motion was SECONDED by COMMISSIONER KING, and CHAIR FRIEND authorized a voice vote, and the motion CARRIED 6-0. IV. MINUTES OF PREVIOUS MEETINGS CHAIR FRIEND asked if there were any changes or additions to the Minutes of the meeting of August 16, 2006. Noting that no changes to said Minutes were desired, CHAIR FRIEND expressed his willingness to accept a motion to approve the Minutes as presented. COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and upon CHAIR FRIEND's authorization of a voice vote, the motion CARRIED 6-0. September 20, 2006 P & Z Commission Notes Page 1 of 19 I I v. AUDIENCE COMMENTS AND APPEARANCE REQUESTS CHAIR FRIEND solicited audience commentary regarding matters not listed under "Public Hearings". No one responded. VI. PUBLIC HEARINGS Toll Free Telephone Number 1-800-478-5736 Local Telephone Number 486-3231 A) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 07-001 Earlene and Robert Berg A disposal of borough land for fair market value, in accordance with KIBC 18.20, of a portion of Lot 1A-3, U.S. Survey 3465, a 6,000 square foot parcel of land located next to the principal residence of the requesting parties. (Postponed and amended from the August 16, 2006 regular meeting) Along Dark Lake beyond the end of Scout Circle. NHN Assigned. PL-Public Use Land CHAIR FRIEND introduced Case No. 07-001, noting the information above. Staff reported that 18 public hearing notices had been mailed since this request was postponed from the August 19, 2006 regular meeting for further consideration at the September 20, 2006 Regular Meeting of the Planning and Zoning Commission, and that one more response had been received, making the number of comments supporting the request received three. ACTING DIRECTOR DVORAK noted that staffhad received additional information since the Commission's work session of September 13,2006. Although staff had not had an opportunity to make a thorough analysis which would include the additional information and the amended site plan indicates a smaller area to consider which makes a determination of the impact more difficult. Staff is rescinding its original recommendation following the Applicants' amended request, reducing the subject square footage from approximately 12000 to approximately 6,000. ACTING DIRECTOR DVORAK reminded the Commission that if they would prefer staff to conduct a more thorough analysis of the newly received information, the option of postponing this matter for hearing to the next regular meeting through a motion remains. ACTING DIRECTOR DVORAK commented that the Applicants' amended request and site plan seems to balance their actual need against their original request well. CHAIR FRIEND asked if the Commission had any questions for staff, and receiving no response to his query, he asked the Commission to express its wish with regard to this matter. ~r'\' If1\. IfT~ ClTr'\."llr.. mn T A "Tf7 ... 6~"- T~""'" r- .., '-'VIVUVll~~lVl'll.DK Jfli'llL !UU v .r..u as IOllOWS: Move to adopt the following resolution containing the recommendation to the Borough Assembly regarding the request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: September 20, 2006 P & Z Commission Notes I I I ;; Page 2 of 19 That the applicant in this case, 07-001, has insufficient usable land area for the purpose of constructing an attached residential/garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot lA-3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot lA-3, Us. Survey 3465 in the future. That the disposal of an unsubdividable portion of Borough land, described as, a portion of Lot 1 A -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with the KIBC 18. 20.130 as part of the disposal; that the appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdividedfrom Lot lA-3, Us. Survey 3465 and consolidated with Lot 1, Us. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision, the petitioners shall obtain approval ofa rezonefor the disposal areafrom PL-Public Use Land to RRI-Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. Edward Coe spoke in opposition to the Applicants' request, explaining that he was attending this hearing on behalf of the Kodiak Elks Lodge, a neighbor by dint of Camp Mueller, which is located on the lake in front of this parcel, and they are vehemently opposed to any change in the status of the subject property from its originally intended use (i.e., it is intended for youth activities). He explained the Elks' position that title to the subject property, "3465", "passed hands" to be dedicated to youth activities in Kodiak via Smokey Stover's efforts in the time of the Territorial Congress, through Representative Bob Bartlett, to the City of Kodiak, who subsequently gave all 16 acres of 3465 by deed to the Elks. Subsequent to this period, when the Bureau of Land Management was in the process of settling the Alaska natives' claims to land by either deed or patent, because of its policy dictating that it not negotiate with private persons, the Bureau required that individual owners pass control of property to the Borough, then the Bureau would convey title to the Borough, and as part of this transaction, it was stipulated that the Borough was to return title to the subject property to those private parties \-vho had relinquished title originally. Mr. Coe explained that the Elks, one of the parties to whom title should have been returned, had lost track of this matter due to personnel changes. Mr. Coe recalls that a copy of the letter explaining this transaction was extant at the time the Elks' ceded ownership but that despite his efforts, he has been unable to locate it. He reminded attendees that the Elks feel a deep commitment to preserving this land for youth activities and vehemently opposes to "cutting" or "whittling" the land for any other use. He reiterated the fact that the subject property, "3465", has never belonged to the Borough, September 20, 2006 P & Z Commission Notes Page 3 of 19 l I ownership of it having passed from the City to the Elks before the Borough came into existence and that Representative Bob Bartlett and Smokey Stover had ensured that the land be used for youth activities only. CHAIR FRIEND thanked Mr. Coe for his comments. Robert Berg, one of the Applicants, stated that to his knowledge, the area's land had been designated for various uses in the 1960s and 1970s and that since then, these designations had been changed many times. He stated that his and his wife's purpose in making the application is merely to build a garage, using a very small amount of land. However, he comprehends Mr. Coe's concerns regarding land use on the "youth permit", having noticed himself that the land in question is being "used and abused" by "four-wheelers" which are "tearing it all up". CHAIR FRIEND thanked Mr. Berg and closed the public hearing and reopened the regular session. In response to COMMISSIONER CARVER's question regarding this property's history and title, ACTING DIRECTOR DVORAK stated that staff does not engage in title searches as staffs responsibility is only to analyze applications with respect to the physical layout (e.g., topography, soil condition, etc.) of and the occurrences (e.g., utility easement for sewer and/or water, driveway easement, etc.) taking place on a property. He pointed out that as staff had documented for last month's meeting, the current records indicate that title is in the hands of the Borough. The records reflect that when the property was divided, Camp Mueller and the "front" three (3) parcels of "this" subdivision (along Island Lake Road) were designated as parks and/or Open Space. Lot 1A-3 has been designated for disposal. As for Mr. Coe's description of the subject property's history, this is the first time that staff has heard that there was another designation for this area, and staff can offer no opinion on it as time to research this issue thoroughly would be needed. If the Commission were to adopt a recommendation and forward this matter to the Assembly, the Assembly has yet to review the issue of disposal which would occur under conditions stipulated by the Assembly and which may include conducting a title search. In response to a comment made by COMMISSIONER WATKINS, ACTING DIRECTOR DVORAK stated that he is unaware of an official bike path being used to traverse the area. He noted that to his knowledge, the utility easement's only function is as a utility easement. There is no description designating public or pedestrian access over the property. The other easements on other area properties have been incorporated into shared driveways. Access has been determined only by property owners' agreements. CHAIR FRIEND noted the fact that in his own experience at Island Lake, there is a "history of people" traversing the property but that that use is not a recorded use. COMMISSIONER WATKINS noted that "they have been supporting that use of the public lands across their property", commenting that the revised request for a smaller lot seems to "leave that intact and unencumbered". COMMISSIONER JUENGER stated that he had been reluctant to entertain the notion of granting this application last month but that he had reconsidered his position. He commented that Mr. Coe's description of the history of the property is ne\Xl to him but that he believes ACTfr~G DIRECTOR DVORAK is correct in his assessment that the Commission's decision will not be the sole determinant of the outcome of the application. CHAIR FRIEND recalled that this property's dedicated use has always been and is supposed to be for youth activities. He agreed that he is in favor of forwarding the matter to the Assembly for consideration where title can be investigated. He asked if further discussion was warranted, and receiving no response, he authorized a roll call vote. The motion CARRIED 6-0. September 20, 2006 P & Z Commission Notes Page 4 of 19 i I l I ;= B) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 07-005 Kodiak Island Borough Review of the option for Kill acquisition of Lots 1B and IE, Woodland Estates Subdivision under the applicable provisions of KillC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05-005. (Previously reviewed and forwarded by the Kill Parks and Recreation Committee with a recommendation for approval) 383 Plover Way/369 Plover Way, Kodiak R2- Two- family CHAIR FRIEND introduced Case No. 07-005, noting the information above. Staff reported that 72 public hearing notices were mailed to which there was no response. ACTING DIRECTOR DVORAK reminded the Commission that it was they who initiated this project with the condition for approval of Case No. S05-005 that the Borough retain a one-year option to acquire Lots 1B and IE, a condition prompted by the comments made by neighboring property owners. The plat has been recorded, and the option can be exercised. The matter has been reviewed by the Parks & Recreation Committee. Staffs recommendation is for the Commission to subscribe to the motion putting this matter before the Assembly. COMMISSIONER KING moved to forward Case 07-005 to the Kodiak Island Borough Assembly with a recommendation from both the Parks and Recreation Committee and the Planning and Zoning Commission, to take action on the one (1) year option to purchase required by the Commission in Subdivision Case S05-005, to acquire Lots 1B and IE, Block 4, Woodland Estates for recreational use as a pocket park, open space or other related purposes, and COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. Ms. Peggy Tuttle of 390 Plover Way stated that she is one of the original property owners to express officially concern with regard to the church's lot becoming nine residential lots and that her attendance at this meeting is the result of her attempt to see this matter through to its conclusion. She reminded the Commission that the vision for the community officially expressed by the Borough is to preserve Open Space for the sake ofthe community's children (e.g., outdoor parks and having "something to do") and that this is a step in the Borough's fulfilling its commitment to establish pocket parks within subdivisions. She noted that the subdivision at issue currently has over 190 homeowners and only one pocket park on Harlequin Court with "one or two swings". She expressed her desire for the Commission to forward this matter to the Assembly with a strong recommendation for the creation of additional pocket parks. CHAIR FRIEND closed the public hearing and reopened the regular session. A Commissioner commented that he is "still behind it". CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6-0. CHAIR FRIEl-ill then amlounced a short recess. After an approximate one- to two-minute break, CHAIR FRIEND called the meeting back to order. C) CASE: APPLICANT: REQUEST: September 20, 2006 07-006 Richard E. Collins Jr An appeal in accordance with KillC 17.90.020 of an administrative decision resulting in a notice of violation in accordance with KillC Chapter 17.75 to disallow the continued occupancy of an accessory i I ~ I P & Z Commission Notes Page 5 of 19 LOCATION: building (second dwelling) on a lot in the RR1-Rural Residential One zoning district which only allows single-family residential as a permitted use. Lot lA, Block 1, Monashka Bay Subdivision; 2653 Monashka Bay Road RR1-Single-family Residential ZONING: CHAIR FRIEND introduced Case No. 07-006. ACTING DIRECTOR DVORAK reminded the Commission that an appeal hearing differs in procedure from a public hearing and referred Commissioners to KIBC Chapter 17.90. He drew their attention to Chapter 17.90.040, Subsection B which delineates the time limits for the presentation. Furthermore, he pointed out to the Commission that the secretary attending this meeting is unfamiliar with the timing device and that extra care should be taken to ensure adherence to the appeal procedure as dictated by Borough Code. He also wished to inform the Commission that 34 public hearing notices regarding this matter had been mailed, to which no written responses had been received. ACTING DIRECTOR DVORAK added to his prefatory remarks that except for the Appellant, only witnesses who had submitted written comments could testify at this appeal hearing. CHAIR FRIEND asked for confirmation that the appeal hearing procedure does not include closing the regular session and opening a public hearing and then reopening the regular session, a query to which ACTING DIRECTOR DVORAK responded by saying that "No, it's all appeal hearing" and advising that the Commission follow the steps as written in the Code. He then stated that this matter is an appeal of a case which had been initiated by a complaint made that the property owner, Mr. Collins, was renting a room or dwelling in an accessory structure on his property. Staff investigated, and they reviewed materials on file in their records. They found prior notices regarding zoning violation with regard to the accessory building and prior letters regarding the illegal apartment use. They also saw an advertisement for the apartment in an April, 2006 issue of the Kodiak Daily Mirror. Based on the file contents, a site visit and the complaint, staff issued a Notice of Violation, and Mr. Collins has appealed the Notice, claiming his tenant should be deemed a "caretaker". However, staff points out that the tenant's unit is advertised for rental at current market rental rates and that given that the tenant is paying market-rate rent, the tenant cannot be classified as a housesitter. The zoning for this area is RR1, which permits property owners to maintain only one dwelling per lot. Mr. Collins' letter of appeal requests a variance; however, this type of action by the Borough is no longer legally viable. With regard to the statute prohibiting "exceptions" or "variances", ACTING DIRECTOR DVORAK quoted the State statute: A variance from a land use regulation adopted under this section may not be granted if- "And then Subsection 2 below says:" The variance will permit a land use in a district in which that use is prohibited. Pursuant to State statute, the granting of a use variance is barred. However, a rezone request might be appropriate, noting that rezoning is dependent on the planned designation in the area and that Mr. Collins' case does not necessarily lend itself to this option otherwise staff would have already suggested it as a potential remedy.. ACTING DIRECTOR DVORAK stated that it September 20, 2006 P & Z Commission Notes Page 6 of 19 , I is staffs opinion that there is no cause to void the Notice of Violation but that staff has provided a Motion which would grant Mr. Collins relief by reversing the Department's Notice of Violation. However, staff recommends failing said motion and has provided an alternative Motion denying Mr. Collins' request for voiding of the Notice of Violation and enumerating certain Findings of Fact. CHAIR FRIEND invited Mr. Collins to speak. Mr. Collins stated the number of years of his residence at the property and that he is a commercial fisherman/guide. He stated that his dwelling had been robbed or vandalized on numerous occasions while away from the residence and that he had then built a "watchman's" quarters. For six months of each year, there is one person on his property while he is "in the bush", and the "watchman's" dwelling has served this purpose for 13 years. He stated that he has never received nor been made aware of a complaint from any of his neighbors before. He attributed the complaint to the purported fact that his neighbor from "below" of two years has a dog of whom Mr. Collins has reported for noise to authorities on an official basis twice, both times resulting in court appearances and court decisions in Mr. Collins' favor. He stated that the complainant has also accused Mr. Collins of releasing effluent from the septic system, an accusation which Mr. Collins claims has been proven false. He stated that since he began renting to a "watchman", his property has not been subjected to further robbery or vandalism, and he contends that his efforts to improve his property have increased the property values of his neighbors. He alleges that without a "watchman" on his property, he will be the victim of future robbery. CHAIR FRIEND noted that as COMMISSIONER KING pointed out and ACTING DIRECTOR DVORAK confirmed, in addition to taking testimony from those who had submitted written comments, the Commission is permitted to take testimony from property owners who received the public hearing notice for this matter. Greg Lopez, who identified himself as the Complainant, stated that the area is zoned as an Rl district and that the area should remain an Rl district in order to keep "taxes down". He contends that this is a "pretty simple" matter and claims that there is "more than one person on that property six months out of the year". He expressed his desire that the Commission act to prevent this activity. James Bruin, who identified himself as the immediate neighbor of Mr. Collins' "illegal apartment", stated that he has lived next door for seven years and that the apartment overlooks his dwelling. Further, it is his claim that the apartment has been continuously rented for two years. He expressed his desire that this Rl-zoned area remain an Rl- zoned area. CHAIR FRIEND advised Mr. Collins that he is permitted 10 minutes during which he can offer a rebuttal. Mr. Collins stated that despite the area's current zoning designation, there are "illegal aluminum welding shops, bed and breakfasteses [sic) . . . apartments" in the area and that thus, he is not the only "abuser" of the "system". He reiterated his contention that this matter was of no concern to his neighbors before Mr. Lopez's complaint and that this matter is an outgrowth of his adversarial relationship with Mr. Lopez in regard to Mr. Lopez's dog. He reiterated his claim that the apartment and its use have been extant for 13 years and that he is frequently absent from his property. He apologized to the Commission for this matter's taking their time. CHAIR FRIEND asked for the Commission's wish. COMMISSIONER JUENGER MOVED to reverse the decision of the Community De\Telopment Director that the construction and occupation ofa Second Dwelling Unit in an RR-l Rural Residential Zoning District does not violate KIBC 17.03.20 - Conformity with Regulations Required, and COMMISSIONER JANZ SECONDED the Motion. COMMISSIONER CARVER noted that it is apparent that Mr. Collins' apartment violates the zoning code despite any sympathies held by Commissioners and that Borough Code dictates the Commission's decision, eliciting CHAIR FRIEND's concurrence. COMMISSIONER JANZ stated her opinion that if a property is vulnerable due to a property owner's absence, the solution generally accepted is the retention of a housesitter, an option which September 20, 2006 P & Z Commission Notes Page 7 of 19 is permissible under Borough Code. COMMISSIONER W A TIaNS noted that there did not seem to be "a happy medium for everybody" involved in this matter. CHAIR FRIEND authorized a roll call vote, and the motion to reverse was DENIED 6-0. COMMISSIONER JANZ MOVED to affirm the decision of the Community Development Director that the construction and occupation ofa Second Dwelling Unit in an RR-l Rural Residential Zoning District violates KlBC 17.03.20 - Conformity with Regulations Required, and to adopt the Findings of Fact contained in the Staff Report dated August 21,2006, as Findings of Fact for Case 07-006, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6-0. FINDINGS OF FACT [1] The Appellant applied for, and was granted, Zoning Compliance Permit No. BZ89-156 dated November 16, 1989, for the construction of a Gear Shed permitted under the auspices of prior Chapter KlBC17.52 - Agricultural Buildings. [2] Zoning Compliance Permit BZ89-l56 identifies the applicable zoning district as RR-l Rural Residential Zoning District, and the existing use as "house". [3] An unpermitted second dwelling unit has been established in the detached accessory building permitted by BZ89-l56. [4] Multiple dwelling units, as defined in KlBCI7.06.2201 are not a permitted use in the RR- 1 Rural Residential Zoning District. [5] The Applicant may not rely upon a nonexistent tool (Exception) in order to absolve them of the requirement to observe applicable zoning district regulations. CHAIR FRIEND called for a five-minute recess. ............................................................................... CHAIR FRIEND called the regular session back to order. D) CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: S06-011 Northland Ranches, Inc. Omar Stratman Request to delete a condition of approval from the preliminary plat approval for Case S06-011 relating to future access through a portion of the proposed subdivision. A portion of U.S. Survey 4964; Generally located near the intersection of Chiniak Highway and Pasagshak Road. C-Conservation CHAIR FR1.1:~J'IIu introduced Case No. S06-011. Staff reported that this matter concerns the removal of one of four conditions for approval of preliminary plat. The condition for which Agent Stratman has applied for removal refers to a 60-foot-wide flag stem designated as an access/utility easement. Staff, looking forward to potential further subdivision, recommended 1 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. September 20,2006 P & Z Commission Notes Page 8 of 19 that in the case of creation of a service district, upon the Borough's request, the property owner (at the time of future further subdivision) be required to dedicate the easement to public use. Agent Stratman has objected to this condition and seeks its removal. In order to remove the condition, procedurally, it is necessary to "recreate" the process. The Petitioner has paid an additional fee to accomplish this. As staff has summarized the situation, keeping good planning in mind, property owners at a future date may not willingly work together for the sake of the community. However, staff does respect the subdivider's wishes and does not strenuously object to the condition's removal. Staff has provided an appropriate draft motion and revised Findings of Fact. CHAIR FRIEND solicited the Commission's wish. COMMISSIONER CARVER MOVED to amend the preliminary approval for Case S06-01l to eliminate Condition of Approval No.3, and the numbering of the remaining conditions as 1 through 3 and to adopt the findings in that staff report dated September 12, 2006 as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing, soliciting testimony, and three being none, he closed the public hearing and reopened the regular session. ACTING DIRECTOR DVORAK, noting the lack of testimony, explained that staff had received no response to the eight public hearing notices mailed in regard to this matter. COMMISSIONER JUENGER noted the staffs wisdom in imposing the condition although it is probably not a necessary condition at this time. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6-0. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. E) CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: S07-002 City of Kodiak Linda Freed, City Manager Preliminary approval of the replat of lots affected by right-of-way acquisitions associated with the Alder Lane and Natalia Lane road improvements project recently undertaken by the City of Kodiak; and a request for a waiver in accordance with KIBC 16.110 to allow a deviation from the explicit provisions Kille 16.50.050 by permitting the required signatures of affected property owners and equitable owners (e.g. financial institutions) to provide final signatures on documents separate from the plat to be recorded together with the plat at the time of plat filing; and a vacation, in accordance with the provisions of KillC 16.60 to permit the vacation of a portion of the Natalia Land right-of-way generally located between existing Natalia Lane and RezanofDrive. Lots in the vicinity of Alder Lane and Natalia Lane Varies CHAIR FRIEND introduced Case No. S07-002. ACTING DIRECTOR DVORAK stated that this is a complicated matter and that the City has engaged in an effort which will improve the September 20,2006 P & Z Commission Notes Page 9 of 19 area by "clean[ing] up" boundary issues arising from its road and utility project. ACTING DIRECTOR DVORAK explained that the City could have engaged in an abbreviated plat procedure, but because of the vacation of right-of-way and consolidation oflots involved, the course pursued is the preliminary plat procedure before the Commission at this meeting. He noted that the City's project has involved not just changing right of way but, by dint of new lot boundaries, creating new legal descriptions as well, making this a more substantive matter. A large number, comparatively, oflots were assembled, consolidated and/or vacated. Staff has conducted a thorough review of the matter and is willing to recommend approving the plat subject to six conditions arising from the fact that the surveyor hired by the City is not local, rendering them unfamiliar with the Code regulating subdivision and, thus, causing "minor issues" (e.g., ill-conceived or missing information on the plat). Staff has included recommended Findings of Fact. Staff is recommending that the Commission approve issuance ofa waiver of the subdivision standard in this matter. Normally, property owners affected in this type of matter must each sign the first page of the amended plat. This procedure requires that three copies of the plat be distributed to each party individually. The City is asking for dispensation from the Commission to follow a different procedure per Borough Code. Pertaining to approval of the right-of-way vacations, ACTING DIRECTOR DVORAK explained that "vacations of right- of- way should not normally be permitted unless an area clearly has no more benefit to the public". He also believes that Hillcrest was never actually used as a road despite its right-of-way status, but he noted that portions of Natalia and Alder Lanes are "clearly substandard by most road standards" and that some portions there have been vacated and consolidated with adjoining lots. The City contacted and negotiated with affected property owners directly and the project is already completed. Staff mailed public hearing notices which have clearly delineated the changes to the owners, but ifthe Commission and/or City feels that additional notification is warranted, staff does not object to postponing this matter and engaging in new advertising. ACTING DIRECTOR DVORAK continued by noting that the disposition of Hillcrest Street generated an additional condition for approval and that its features are referred to in Motion Nos. 1 (Condition No.6) and 3 (approval of right-of-way vacation) due to the right of way, as well as vacation, issues. The vacation requires review by the City under Title 29. Vacation of right-of-way or easement impinging on public interest within the City must be reviewed by the City or, if occurring outside ofthe City, by the Borough. In addition, another proposed condition for approval requires the City's signature for any new right of way created by this plat, but given the "checks and balances of the process", staff feels that this matter can be moved forward but is also not opposed to the Commission's postponing the matter. COMMISSIONER JUENGER asked if the outcome of granting the City's application will be that all the affected property owners' signatures will be filed with the Recording District but that the plat with all signature lines will not be circulated, a query to which ACTING DIRECTOR DVORAK responded affirmatively. The City is proposing an effective way which will complete the task efficiently. COMMISSIONER WATKINS MOVED to grant preliminary approval of the Alder - Natalia Subdivision, Lots 1 through 22, and the associated replat of rights-of-way as indicated on the preliminary plat dated July 21, 2006, subject to the conditions of approval contained in the staff report dated September 12, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened thepublic hearing. City Manager Linda Freed apologized for being unable to attend the Commission's work session of September 13, 2006, since she was out of town. She went on to thank Borough staff for working with the City and to explain that the matter before them was the result of a long process and that the City wants to finalize the plat and September 20, 2006 P & Z Commission Notes Page 10 of 19 "sort[ -] out" the property lines. She noted that the City had waited to conduct the survey until construction was completed since actual construction does not conform entirely with the construction's documentation. She said that the City desired the Commission's approval so that the City can finalize the plat, record the property transfers through Quitclaim Deeds and "exchange funds with" the affected property owners of the area. She commented that the plat is "very difficult to read" and "complex" as there had been many transfers made in order to accommodate both the City's project and the affected property owners. She noted that the process had "taken a lot longer than we expected". Clarence McClaren, who identified himself as the owner of Lot No. 11, expressed his appreciation for the Commission's taking the time to consider this matter. He made a note of the City's "good job", noting, however, that this had been a "long process". He acknowledged that he had benefited from the vacation of right-of-way as it had added to his property and that he is awaiting the project's documentary completion in order to deconstruct a "cow barn" from "1912" which will add to aesthetic improvement to the area. He noted that there continue to be some minor issues which must be resolved, including the need for future exchanges among affected property owners, an aspect which complicates this as well, and he again thanked the Commission for considering the matter and urged the Commission to approve the City's application. CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6-0. CONDITIONS OF APPROVAL 1. Provide a revised preliminary plat that clearly identifies the portion of Natalia Lane that is to be vacated by this plat, in lieu of the proposed 16 foot wide utility and driveway easement serving Lots 16 and 17. 2. Clarify on the plat that the City of Kodiak is the principal subdivider. 3. Designate Lots 7 and 12 as "Non Development" lots due to their respective lot areas less than 1,000 square feet each. 4. Include a separate acceptance for right-of-way dedications for the City of Kodiak as required by KIBC 16.50.050.E. 5. Include a plat clarifying that zoning information is included as of the date of the plat and that the zoning designations may be subject to change over time. 6. Clearly identify (by crosshatching or other method) where the Alder Lane, Natalia Lane and Hillcrest Street rights-of-way are being vacated where those vacations fall within proposed lots. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. COMMISSIONER WATKINS MOVED to grant a waiver of the subdivision standards, in accordance with KIBC 16.110 to allow the subdivider to obtain property owner signatures and the authorized signatures of associated financial institutions on affidavits that are physically separate from the plat but which will be filed with the plat at the time of recording, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session September 20, 2006 P & Z Commission Notes Page 11 of 19 and opened the public hearing. Linda Freed stated that this request is significant to the City, noting that not only can the standard process take a detrimental length of time but documents can stop circulating far from the sender and "more significant", a "traveling" plat is often destroyed in the course of circulation, making it illegible and requiring the originator to "start over". The City's proposed solution is part of a "coming wave" in resolving these types of matters. CHAIR FRIEND asked Ms. Freed if the City could apply for an amended plat under Title 16, a query to which Ms. Freed responded that the City would probably be unable to meet Title 16 requirements, noting that the certificate of plat would most likely lapse prior to obtaining all the signatures and that the City had decided to pursue a course of "clean[ing] up" upon the project's completion at the suggestion of ACTING DIRECTOR DVORAK, who asked Ms. Freed if the affected property owners would be sent a copy of the plat for review which is automatically a part of the older, more standard process. Ms. Freed responded that affected property owners will receive a copy of the plat along with an Affidavit which includes their oath that they have reviewed the plat. She noted that this procedure had been designed because it is unlikely that financial institutions would sign any Affidavit relating to a plat if they did not have an opportunity to review the plat themselves. However, she noted that the plat copies will be "simplified" - one suggestion is to prepare individual maps for the affected property owner in the area immediately surrounding the change rather than one map for all 22 property owners. The fully amended plat will be included as well but only on a letter-sized photocopy. CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6-0. FINDING OF FACT 1. The nature and complexity of this subdivision requires some relaxation of the normal plat requirements in order to ensure the re-plat, which is primarily intended to clean up the right-of-way configuration and consolidation oflots associated with the Alder and Natalia Lane road and utility improvements, is completed and recorded within a reasonable time- frame. COMMISSIONER WATKINS MOVED to grant approval of the vacation of portions of Alder Lane, Natalia Lane and Hillcrest Street, as indicated on the plat dated July 12, 2006, subject to the following condition of approval- [ACTING DIRECTOR DVORAK suggested confirming the date on the plat in front of the Commissioners, and while the Commissioners took up his suggestion, he discovered that the reduced copy he had stated the date as July 21, a fact confirmed by COMMISSIONER WATKINS.] COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. There being no further testimony, CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and th.. mnt;r\1'" r A DDmn h_f\ \..1..1."'" .1..1..1.'-'\."''-1.1..1. '-".L 1..J..~'-L...L....ILJ v-v. CONDITION OF APPROVAL 1. The revised preliminary plat shall be submitted to the City of Kodiak Council for review and approval of the right-of-way vacations noted on the plat. FINDING OF FACT 1. This review is required both by Borough Code and by Title 29 Alaska Statutes. September 20, 2006 P & Z Commission Notes Page 12 of 19 F) CASE: 07-007 APPLICANT: Kodiak Island Borough REQUEST: CIP CHAIR FRIEND introduced Case No. 07-007 regarding the Borough's Capital Improvement Projects list. ACTING DIRECTOR DVORAK reminded the Commission that they should use the revised 8.5" x II" copy of the list for their review. He also reminded them that at the work session, the Commission had discussed the way the CIP program works, the reason for its existence and the need to review this list on an annual basis. He further noted that the scores appearing on the list could have been made by the Commission itself, the Parks and Recreation Committee or staff, stating that the Commission has the power to change the score. He then explained the scoring mechanism, noting that if the Commission determines that a score is too low or too high, they should move to change it so that staff can incorporate the desired score (which can change a project's ranking) for forwarding to the Assembly. COMMISSIONER JUENGER asked when the Commission's recommendations would need to be received by the Assembly, a query to which ACTING DIRECTOR DVORAK responded by stating that pursuant to Borough Code, the deadline for the Commission's forwarding recommendations to the Assembly is October 1 - i.e., 90 days before the end of the calendar year. He noted that the Assembly desires the Commission's recommendations at this time so that they have time to adopt Resolutions which annually update the CIP list for distribution to State officials in Juneau, lobbyists or other agencies who request the Borough to communicate the community's needs. CHAIR FRIEND expressed his desire for more time to review the list but noted that he is willing to move ahead on it. Of particular concern to him were the state of local football fields and projects to relieve "dramatic" overcrowding at the high school. He noted that the School Board included such a project on their list for the Assembly, and he asked if the Commission could add to make a higher score for this project. ACTING DIRECTOR DVORAK responded that the Commission can make additions to the list via motion, that the Assembly had added these projects to the list last year "at the last minute", that staff was not specifically informed as to how these projects came to be added to the list although they are aware of the additions. He noted that School District's list is not consolidated with the list before the Commission, and staff would not have the knowledge to score School District-generated projects properly. He pointed out that for projects which the Commission would like to see on the list, their wishes would be best accomplished by a motion to add a project to the list and direct staff to "do its best" to score it. This process would move a project onto the list, but "ultimately", it is the Assembly which decides the Borough's priorities. ACTING DIRECTOR DVORAK reiterated that "this is a multi- year list" subject to the Commission's annual review. He reminded the Commission that there is an "A list" ofprojects and also a "B list". He noted that during the course of the annual reviews, some projects are removed from the list because they have received funding through grants or local fundraising efforts. CHAIR FRIEND exnressed his willimmess to entertain a motion to add - .I. ""'" - - - - ~ -- - ~ .- ---- what he believes the School District calls a "Kodiak Wellness and Learning Facility" (he directed staff to obtain the correct term from the School District for addition to the list). COMMISSIONER JANZ stated that she had two possible suggestions for the list, leaving it to the Commission as a whole to determine if they should be added. She expressed her concern in regard to the extremely limited outdoor space available to the high and middle schools' physical education classes, noting that it is her belief that better facilities should be provided. COMMISSIONER JANZ noted that she has this concern because of the current outdoor facility's September 20, 2006 P & Z Commission Notes Page 13 of 19 lack of availability during football season. She stated that her second concern, only recently made apparent to her, is the issue of security of the playground at Main Elementary School, where the playground area lacks fencing, enabling "a lot of traffic" to traverse the playground. This is a dramatic contrast to the current attitude of protecting the children through precautions such as locking the school's doors and lock-down drills. In her own experience, she has observed strangers who sit and watch the children on the playground. She noted that fence installation is "fairly expensive". She expressed her uncertainty as to whether or not such a project belongs on the list, and CHAIR FRIEND expressed his opinion that it might but noted that he too is uncertain as to the appropriateness of adding such a project to the list. COMMISSIONER KING MOVED to add a wellness and learning facility for outdoor activities for children to the CIP list, and the motion was SECONDED by COMMISSIONER JANZ. A voice vote was called, and the motion CARRIED unanimously, 6-0. COMMISSIONER WATKINS expressed his desire to add a footpath and emergency egress along the shadow line of the bridge from the Channel to RezanofDrive, noting that the "only technical part" of this addition would be the construction of a suitable landing for the staircase from RezanofDrive "so you don't end right up in traffic" and that the remainder of such a project is essentially "grade work". CHAIR FRIEND MOVED to add a footpath and emergency egress along the shadow line of the bridge from the Channel to RezanofDrive to the CIP list, and the motion was SECONDED by COMMISSIONER JANZ. A voice vote was called, and the motion CARRIED unanimously, 6-0. CHAIR FRIEND expressed his willingness to entertain a motion that the Commission forward their amended CIP list to the Assembly. COMMISSIONER KING MOVED to forward the amended CIP list to the Assembly, and the motion was SECONDED by COMMISSIONER JANZ. CHAIR FRIEND closed the regular session and opened the public hearing. Ms. Freed expressed her desire to describe the City's process for prioritizing and funding its projects- especially in light ofthe two projects which the Commission had just added to their CIP list. The City does not accept staff's invitation to add its projects to the Borough's CIP list because it has its own process which entails generating "its own CIP list for different functions" - e.g., the City maintains separate water, street and sewer improvement list. Ms. Freed went on to say that the City, through the City Council, conducts an annual review of its lists, choosing 5 or 6 projects of greatest significance to the City or of such size and scale that the City cannot fund the projects alone; the City Council then prioritizes these projects. The City then distributes one version of the list to the State Legislature and a second version of the list to the State's federal Congressional delegation. Ms. Freed cited the Willow Street sewer and water replacement project's Phase II as an example of a project which will be on the City's list for this year. She stated that the City has almost completed the Willow Street project's Phase I. She stated that the cost of said Phase I was approximately $3 million for construction and that the City had been solely responsible for its funding through City revenue. The City is hoping, however, that next year. for Phase II. thev will be awarded the matchim! lITant offered bv the Denartment of ..' '., ............ "".l. Environmental Conservation for such projects (which would represent half of Phase II's costs). Said Phase II, in light ofthe City's goal of obtaining the DEC grant, will be one of the top projects on the list distributed to the State (via Resolution) since the State awards top-priority projects more points when reviewing grant applications. The list is usually ready for forwarding to the new legislative session Juneau or Washington, D.C. in December or January. It is the City Council's opinion that the projects they choose are of such importance to the City and its residents that they employ this process in order to have the chosen projects "stand out" and that September 20, 2006 P & Z Commission Notes Page 14 of 19 therefore, they have no wish to include these projects on a list with "a hundred other projects". Ms. Freed continued by explaining that it is through a public process that the Resolutions making the "short list" clear are adopted. She wanted to inform the Commission of work which has been initiated by the City which have some bearing on the Commission's recommended additions to the Borough's CIP list, and she wished to provide the Commission with the background thereto. The first area she wished to discussed was access between Mission Road and RezanofDrive. She noted that there is an informal trail which pedestrians use to traverse the route. A project formalizing the trail and emplacing walkways will be "difficult" inasmuch as its route over private property will entail a great deal of time and documentary creation in order to accomplish the project. The City is considering the installation of a metal stairway similar to those already emplaced in other access locations. The City is also considering constructing connecting pathways and posting signage. The City has placed this project on its transportation list. As for "the other project", the City has received $100,000 from the State Legislature with regard to redesigning and engineering the City's BaranofPark, which is the current site for the high and middle schools physical education classes as the School District has no outdoor recreational facilities for high and middle school students. BaranofPark is the subject of a multi-year joint- use agreement recently signed by the City, Borough and School District which formalizes the pre-existing arrangement between the three parties - e.g., times are now formally set aside by the City for the School District's use (by any of its multiple schools) of the park. This means, for example, that the public is denied access to the park for the times set aside for school use. The City feels that there are "public needs for the community as well as very specific needs related to School District recreational activities". She cited as examples the installation of a shotput facility, noting that "there's not too many of us" in need of such an improvement, or a high-jump facility but that these facilities have been "identified in terms of location in the future" and that to move forward efficaciously at the park shows that this can be a joint-use facility. The City's Parks and Recreation Committee is still engaged in working on this project which remains in the concept stage. As part of its planning process, the City is estimating the total cost of this improvement project, the cost of improvements which accommodate the School District's needs and the cost of improvements which accommodate the community as a whole. The City intends to ask the Borough and the School District to help support the cost of the improvements made to accommodate the School District's needs; The City is extremely interested in continuing to work with both the Borough and the School District in order to provide joint-use facilities because this is, in the City's view, the most efficient way to provide the facilities to the community. Ms. Freed cited as an example the shed at BaranofPark which, because of an act of vandalism, burned several years ago. The School District lost all of their hurdles and other track equipment, but the City paid for the shed's replacement. The City views improvement of Baranof Park as an important project not only for itself but for the greater community. The track, which was a 15- year track but is now in its 18th year of use, has "outlived its life" and probably will not sustain mere maintenance "much longer". The City has obtained cost estimates for its replacement, and the School District's coaches have requested that the City add two lanes to the track in order to conduct regional meets locally. Again, this type of improvement is not needed for City or community residents who use the track, but it could be important to the School District's recreation program. The City hopes to have a plan which they can bring to the Borough and the School District within the next three months. Ms. Freed added that the City also has a long list of in-City projects which they are reviewing. CHAIR FRIEND thanked Ms. Freed for her appearance, taking special note of its informative nature, and he closed the public hearing and opened the regular session. COMMISSIONER KING stated that he would be unable to vote in September 20, 2006 P & Z Commission Notes Page 15 of 19 favor of forwarding the CIP list in its current state because seven days of review is not enough, a sentiment shared by CHAIR FRIEND, who asked staff to explain the consequences of postponing the forwarding of the list to the Assembly by a month. ACTING DIRECTOR DVORAK stated that the consequences of missing the deadline are uknown to him. However, in his review of "all the Resolutions", he noticed that they are usually approved in December or January (immediately prior to the legislative session). He noted that October is "an elections month" and that in November, Assembly members attend AML, thus altering the Assembly's regular meeting schedule although ACTING DIRECTOR DVORAK is unaware of whether or not the Commission's recommendation is actually circulated for review by Assembly members during those months. However, he did not think it impossible to delay the Commission's forwarding of a recommendation to mid-October as long as the Assembly is notified of the delay with an explanation. He reiterated that this would constitute a violation of the ordinance however. COMMISSIONER JUENGER expressed his reluctance to forward a recommendation given the short timeframe for review, noting his awareness, however, of the current staffing problems and his appreciation of staffs efforts. He stated that he would dissent from a vote approving forwarding of the list "if only to send the message" that he wanted more time for review. He expressed his view that it was a "harsh outcome that we miss a deadline. . . given the history of the Assembly's ability to address the list in what might be considered a timely manner". He stated that he is not lobbying against forwarding the Commission's recommendation but merely expressing his support for COMMISSIONER KING's contention that more time is needed to review the list, adding that given his status as a "newcomer, the Commission can give his comments the weight they believe them to deserve. COMMISSIONER JANZ asked ifthe Commission would decide to hold a special session to review the list and discuss it if the Commission's recommendation is to be delayed by a month. A discussion regarding a special session ensued. CHAIR FRIEND asked staff if the Commission's recommendation, as the result of a work session can be forwarded to the Assembly. ACTING DIRECTOR DVORAK responded by saying that a recommendation, as a body, cannot be made as a result of a work session but explained that the Commission is confronting two different issues: manipulating the list and making a formal recommendation which must be made at a regular meeting. COMMISSIONER CARVER asked if a work session and a special meeting can be held "back to back, an hour apart". A discussion of procedural mechanics ensued. CHAIR FRIEND informed the Commission that it is their decision and that he is willing to schedule a special session. COMMISSIONER WATKINS stated that it was his wish that the entire Commission support a recommendation forwarded to the Assembly. CHAIR FRIEND expressed his desire for more information. COMMISSIONER CARVER expressed his support for holding a special meeting. COMMISSIONER JUENGER stated that a special meeting provides him with the incentive to "pursue it hard". CHAIR FRIEND proceeded to move to postpone the matter until the special meeting of September 27,2006. COMMISSIONER KING SECONDED the motion. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED unanimously, 6- O. CHAIR FRIEND noted that the Commission would return to the issue of the special meeting in the discussion of Reports, below. VII. COMMUNICATIONS A) Letter of Courtesy and Advisory, M & H Corriere, 3668 Puffin Circle B) Notes of August 30, 2006 Work Session Regarding Women's Bay Comprehensive Plan September 20, 2006 P & Z Commission Notes Page 16 of 19 COMMISSIONER JANZ MOVED TO ACCEPT Communications as presented. The motion was SECONDED by COMMISSIONER.W ATKINS, and upon voice vote, it CARRIED 6-0. VIII. REPORTS A) Meeting schedule: · October 11,2006 work session at 7:30 p.m. in the KIB Conference room. · October 18, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. ACTING DIRECTOR DVORAK explained that there were "a couple" of items which staff would like to report to the Commission. He asked if the Commission would confirm that they had requested recording of their work sessions and, if so, were these recordings to be treated as minutes or notes. CHAIR FRIEND confirmed that the Commission had requested the recording of work sessions in order to help them in their discussions by noting more comments and to "get more work done". ACTING DIRECTOR DVORAK noted that the notes of the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, given the informal nature of work sessions and the fact that the secretary attending the meeting was a temporary one unfamiliar with procedure at the time, are definitely only notes as conversation took place at a speed which at times exceeded the speed at which staff could record it. He pointed out that there are "parenthetical remarks" which indicate a lack of clarity in the notes. He noted that staff would appreciate the Commission's further direction with regard to their expectations for notes of the work sessions. He stated that generation of the notes consumes a lot of staff time. He noted also that these type of notes, given that they serve only as reference material, will not be stored with the minutes of regular meetings as minutes are the formal record of official actions taken by the Commission. CHAIR FRIEND recollected that in a previous discussion of note-taking at the work sessions, the point that notes would be taken but not adopted and that they would serve as reference material only if a problem with a case arose. ACTING DIRECTOR DVORAK expressed the opinion that given that the informal nature of these notes, they can be edited to make corrections or to add missing details. COMMISSIONER KING noted that while the documentation of the August 30, 2006 was well done, it is not necessary to create or retain notes as extremely detailed as those. ACTING DIRECTOR DVORAK sought clarification of the comment by asking if the Commission merely wants the notes "as a fall-back", a query to which he received an affirmative response. CHAIR FRIEND asked if staff would be distributing notes after each work session, a query to which ACTING DIRECTOR DVORAK responded by saying that the conveyance of the August 30, 2006 notes had occurred in order to discuss note-taking in general by proffering the Commission an example of the work product. COMMISSIONER CARVER noted that he had found the detailed notes extremely helpful since he was unable to attend the August 30, 2006 work session. ACTING DIRECTOR DVORAK asked the Commission to advise staff at any time of any further thoughts on the subject which they might have. CHAIR FRIEND asked to be told the amount of staff time which generating the notes had consumed, a query to which ZOE PIERSON responded by saying that it had taken her between seven and nine hours (spread over a couple of days). CHAIR FRIEND, concluding a discussion of the notes' contents, commented that he believed that the time spent was more time than was necessary to accomplish the Commission's purpose in keeping such notes. ACTING DIRECTOR DVORAK suggested that staff would review and refine the process now that this discussion had taken place. COMMISSIONER CARVER, noting the need at times for detailed reference material, asked for confirmation that audiocassette recordings will continue to be available, a query to which ACTING DIRECTOR DVORAK responded affirmatively. COMMISSIONERc September 20, 2006 P & Z Cormnission Notes Page 17 of 19 CARVER noted that an abbreviated summary document would be very useful and would reflect the Commission's wishes more completely. ACTING DIRECTOR DVORAK noted that at the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, the Commission had planned to have an additional work session on the issue on September 27,2006, the date which the Commission had just chosen for a special meeting to discuss the CIP list. He further noted that staff had been planning to make the revisions to the Women's Bay Comprehensive Plan which had been generated by the August 30, 2006 work session by September 13, 2006, but that since the work session, the staff had been "flooded" with new chapters relevant to its responsibilities from the Borough-wide comprehensive plan as well as other responsibilities, thus impeding staffs ability to comply with that schedule. Completion of the revisions is anticipated by the "end of this month" - i.e., two to three weeks before the October 18, 2006 meeting, when the issue is on the Agenda. ACTING DIRECTOR DVORAK has informed the area residents who have contacted staff of the delay but expressed his desire to have the delay noted on record, reiterating the reason as being staffs lack of time. CHAIR FRIEND responded that the Commission had previously discussed the staff s potential need for an extension of time with regard to this issue due to staffing issues. ACTING DIRECTOR DVORAK thanked the Commission, and CHAIR FRIEND formally requested that staff place an advertisement for a September 27,2006 special session, to take place at 7:00 p.m. COMMISSIONER JUENGER MOVED that the reports be accepted as submitted, and COMMISSIONER WATKINS SECONDED the motion. Upon voice vote, the motion was CARRIED unanimously, 6-0. IX. AUDIENCE COMMENTS CHAIR FRIEND solicited comment, but there was no response. X. COMMISSIONERS' COMMENTS CHAIR FRIEND solicited comment and recognized COMMISSIONER JANZ, who thanked City Manager Linda Freed for her comments and informing the Commission of the City's plans; she also thanked Steve of CableVision for "always being out there" and the temporary secretary for her "good job". COMMISSIONER JANZ concluded her remarks by saying that this had been a "good meeting". COMMISSIONER KING thanked staff, noting that they are doing a "good job in light of their being short on personnel". He went on to say that he had printed the Borough- wide comprehensive plan and that he found it "really interesting, fantastic reading"and that his opinion is that it can be worked into neighborhood comprehensive plans to make those plans "really good" as well. COMMISSIONER CARVER also thanked the staff, noting they are "doing well" "under duress", and he thanked City Manager Freed for her "really good" explanation, and he noted that he too had observed "a lot" in the Borough-wide comprehensive plan and that it is time to "plug in and retool all that" and he encouraged his fellow Commissioners to review it if they have not done so already. COMMISSIONER KING noted that "there is a lot of information". COMMISSIONER WATKINS thanked the staff and the audience for their attendance at this meeting. COMMISSIONER JUENGER affirmed COMMISSIONER WATKINS' comments and expressed his appreciation to his fellow Commissioners for having scheduled a special meeting to consider the CIP list, and he thanked the staff again for their work given the fact that they are "short-handed", and he noted his appreciation, given his status as a new Commissioner, for City Manager Freed's praise regarding the efforts made by the City, Borough and School District to complement each other's efforts September 20, 2006 P & Z Commission Notes Page 18 of 19 CHAIR FRIEND affirmed the comments made previously with regard to staff and made a jovial comment addressed to City Manager Freed. XI. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:31 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONIN C MISSION By: ATTEST By: ~ISlc:V:Q:D~ho:l ;Or::< PI.Q.M01\ Zoe Pierson, Temp. S~reta . Community Development Dept. DATE APPROVED: October~ 2006 September 20, 2006 P & Z Commission Notes Page 19 of 19