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2013-12-05 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 5, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of October 17 and November 7, 2013, and Special Meeting Minutes of November 14, 2013. 6. AWARDS AND PRESENTATIONS A. Student of the Month Award — November 2013 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts— None. B. Resolutions 1. Resolution No. 1997-20B Amending Resolution No. 1997-20 Regarding Compensation of the Service Area No. 1 Board Chairperson. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. 2. Ordinance No. FY2014-01B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. D. Other Items— None. 14. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker, Case No. 14-005). 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection District No. 1 Board Regular Meeting of August 21 and October 8, 2013. 2. Monashka Bay Road Service Area Board Regular Meeting of September 25 and October 2, 2013. 3. Planning and Zoning Commission Regular Meeting of August 8 and September 18, 2013. 4. Service Area No. 1 Board Regular Meeting of June 17, 2013. 5. Solid Waste Advisory Board Regular Meeting of September 16, 2013. B. Reports 1. Kodiak Island Borough Month 2013 Financial Report for the Months of June and October. 2. Kodiak High School, Wilson Engineering Report for September 2013. 3. Other Projects Status Reports for September 2013, and October 2013. 4. Change Order Monthly Reports for August 2013 and September 2013. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 17, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 17, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA Kaplan moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of August 15 and September 5, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed October 19, 2013 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize The Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor Selby proclaimed the Month of October 2013 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. Mayor Selby recognized the Senior Citizens of Kodiak, Inc. on its national accreditation achievement and 40th Anniversary, and encouraged the community to join the celebration Saturday, October 19, 2013, from 3-5 p.m. at the Kodiak Senior Center. Manager Cassidy presented the Employee of the Quarter Award for the third Quarter of 2013 to Delores Evans, Appraiser Technician in the Assessing Department. Manager Cassidy presented a fifteen year longevity award to Deb Rippey, Property Appraiser in the Assessing Department, a fifteen year longevity award to Bill Bissett, Maintenance Engineer at Kodiak Fisheries Research Center, a twenty year longevity award to Paul VanDyke, IT Supervisor in the Information Technology Department, and a twenty five year longevity award to Bob Scholze, Resource Manager. CITIZENS' COMMENTS Cheryl Coonrod, and Vicki Jo Kennedy expressed gratitude toward outgoing Assembly member Stutes and outgoing Mayor Selby. Vicki Jo Kennedy and Judi Kidder voiced concerns about the security of the logs that are stored along Sargent Creek road in Bells Flats and LASH dock. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1 Judi Kidder voiced discontent on the cutting of timber at the hospital being used for compost. Amy Kniazowski expressed gratitude to outgoing Mayor Selby and outgoing Assembly member Stutes. She welcomed the new elected officials and voiced support of Resolution No. FY2014- 16. Mark Buckley expressed gratitude to Mayor Selby. Terry Haines and John Whiddon spoke in favor of Resolution No. FY2014-16 and voiced gratitude to outgoing officials. COMMITTEE REPORTS Assembly member Austerman reported the School District Strategic Planning Committee will meet at 6 p.m., Wednesday, October 23, in the School District Conference Room to go over the 2014/2015 strategic plan for the school district. Assembly member Lynch reported the Kodiak Fisheries Work Group will meet Monday, November 4, at 8:30 a.m. The Group discussed alternative proposals and amendments to submit to North Pacific Fisheries Management Council. They will work on an RFP for a fisheries analyst. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Commented on staff's efforts in resolving the interference with the microphone system. • Federal Government is back to operational status and fisheries are set to open later in the month. • Announced a personnel promotion and opening for the code enforcement officer position. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby recounted his tenure with the Borough: • Started his track in 1980 and took office as Mayor in 1983. • Spoke on the progress of Solid Waste, expansion of health care facilities, maintaining facilities, and the importance of the fishing industry. • Items to stay vigilant on for the future: state of appropriations, federal appropriations, funding fisheries research, expenditures of budget, and avoid spending the principle of facilities fund. • Expressed gratitude to the people and staff for continued support throughout his political career with the Borough. NEW BUSINESS Contracts 1. Amendment A to Contract No. FY2013-23 Long Term Care Center Lease Agreement Between KIB and Providence Health and Services. KAPLAN moved to authorize the manager to execute amendment A to Contract No. FY2013-23 Long Term Care Center Lease Agreement between KIB and Providence Health and Services. The Borough had been approached by Providence in an effort to purchase a portion of the Furniture, Fixtures and Equipment (FF&E) to be used at the new Long Term Care Facility (LTC) facility that the Borough had expected to purchase. Currently under the signed lease, all FF&E up to $1.4 million dollars was to be purchased and installed by the Borough. The goal of this provision was for the Borough to own a fully functioning LTC Facility should Providence decide to terminate the contract. The value of having a portion of the FF&E purchased by Providence Kodiak Island Borough Assembly Minutes October 17, 2013 Page 2 was that these items could be counted as operating expenses which would increase the Medicaid reimbursement that Providence received. The amount of FF&E to be purchased by Providence was $438,870.40 though this action would clearly benefit Providence it would not hurt the Borough or impact the construction of the LTC. Should Providence terminate the lease, those FF&E items purchased by Providence would be contributed to the Borough at no cost. Under the lease the name of the structure would be Providence Kodiak Island Long Term Care Center. Providence had previously proposed to rename it the Providence Chiniak Bay Elder Houses. STEPHENS moved to postpone amendment A to Contract No. FY2013-23 to the next regular meeting of the assembly for further clarification. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, Lynch (Noes); Stephens, and Stutes (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO TWO: Bonney, Griffin, Kaplan, Lynch, Austerman (Ayes); Stephens, and Stutes (Noes). Resolutions 1. Resolution No. FY2014-15 Ratifying and Certifying the Results of the Municipal Election Held on October 1, 2013. KAPLAN moved to adopt Resolution No. FY2014-15. The Local Municipal Election was held on Tuesday, October 1. Per requirement of the Borough code, allowance of at least a week was given to receive all election precinct certificates and other absentee by mail ballots. The Canvass Board met on Tuesday, October 8 and 9 to canvass the election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. 2. Resolution No. FY2014-16 Accepting the Recommendation of the Planning and Zoning Commission for Long-Term Disposal of a 2.36 Acre Portion of the Kodiak Island Borough Landfill Tract (1203 Monashka Bay Road East) to the City of Kodiak. AUSTERMAN moved to adopt Resolution No. FY2014-16. The resolution brought back before the Assembly the question of disposal of 2.36 acre portion of the Borough Landfill Tract to the City of Kodiak for composting of biosolids. The disposal resolution previously proposed was voted down by the Assembly at its August 15 meeting since it included a temporary component for Class B composting which had not been included in the Planning and Zoning Commission resolution recommended for the disposal, and to allow more time for public outreach by the City to better inform residents of the proposed operation. Subsequently, the City gave presentations at the Solid Waste Advisory Board (SWAB) meeting on September 16 and at the Monashka Bay Road Service Area (MBRSA) meeting on September 25 to explain operations and answer questions. By Memorandum of Agreement (MOA) between the City and the Borough signed in 2007, the biosolids from the wastewater treatment plant had been deposited at the landfill within the operating footprint. For the last year, the biosolids had been composted at that location with water sampling done as part of the landfill's routine monitoring program under ADEC oversight. That was a short-term arrangement by license agreement while alternative long-term sites were Kodiak Island Borough Assembly Minutes October 17, 2013 Page 3 explored. The City concluded that the best option for long-term composting was at the south landfill site and that was the reason for the disposal request. By Resolution No. FY2014-01, the Planning and Zoning Commission recommended long-term disposal of a filled and graded area in the south landfill at fair market value to continue the operation of processing compost. As identified by metes and bounds description, the site consisted of 2.36 acres. While the Commission's resolution was specific to a long-term lease disposal, the recommendation was advisory and the means of long term disposal, whether by lease or conveyance, remained for the Assembly to determine. Since the landfill operated as an enterprise fund, disposal by lease would result in the Borough's long-term involvement with the operation as landlord, with any associated liabilities, for fair market value as determined by the Borough Assessor. Disposal by conveyance for less than fair market value would return to the City for a public purpose, at less than fair market value, 2.36 acres of the 17.6 parcel that the City gave to the Borough in 1996 (QCD B.141, P 699) "in the best interest of the public" (letter from City Manager to Borough Mayor, Jan. 29, 1996). It would require a re-plat to create an independent lot for conveyance. The conveyance would be conditional not only on a subdivision, but also on procurement of a permit for Class A composting from the Department of Environmental Conservation (ADEC) to ensure that all regulatory requirements were satisfied. In the meantime, the City would have the site control necessary to proceed with geotechnical engineering to determine if the fill on site would support the concrete slab and structural development that would be needed in support of the operation and to comply with regulations. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, Bonney, Griffin (Ayes); and Stephens (No). 3. Resolution No. FY2014-17 Recommending Changes to the Federal Subsistence Board's Criteria for Rural Determination. LYNCH moved to adopt Resolution No. FY2014-17. The Federal Subsistence Board initiated a review of the rural determination process and requested comments on the following components of the process: population thresholds, rural characteristics, aggregation of communities, timelines, and information sources until November 1, 2013. The Kodiak area was currently categorized as rural with regard to harvesting fish and wildlife resources on federal public lands (Refuge lands, Buskin River, waters around Afognak Island); however, that would change with the next periodic review of the area. In order to prevent having to fight to maintain and prove that the Kodiak area was deserving of rural status, changes to the criteria for determination could ensure that the traditional subsistence lifestyle of the communities within the Borough remained in place. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. Ordinances for Introduction 1. Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision from R1-Single Family Residential to B-Business Zoning District (Case No. 14-002). LYNCH moved to adopt Ordinance No. FY2014-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 4 The applicant requested a rezone of the parcel in order to achieve compliance with the adopted Comprehensive Plan. The applicant's development and use of the property targeted a client base composed of visitors and tourists primarily engaged in sport fishing activities with residual services supplied to sport hunters. The use of the property supported the goal of village economic development contained in the adopted comprehensive plan. The Assembly had previously approved the same rezone request at its regular meeting of November 6, 2008. The Commission held a public hearing on September 18, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve the rezone request, subject to a timeliness effective clause. ROLL CALL VOTE ON MOTION CARRIED UNANIOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch. Other Items 1. Administer Oath of Office to Newly Elected Officials. The Borough Clerk administered the Oath of Office to newly elected Mayor Jerrol Friend and Assembly members Carol Austerman and Frank Peterson Jr. 2. Presentation to Outgoing Mayor. Deputy Presiding Officer Lynch presented an appreciation plaque to outgoing Mayor Jerome Selby. 3. Presentation to Outgoing Assembly Member. Mayor Selby presented an appreciation plaque to outgoing Assembly member Louise Stutes. 4. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. AUSTERMAN moved to voice NON-PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application requests for 2014 as follows: LICENSEE LICENSE # DBA License Type Blue Inc #85 B & B Bar Beverage Dispensary Rella Mae Corporation #1040 Shelikof Lodge Beverage Dispensary CNG Inc #1155 Tony's Bar Beverage Dispensary Wade Ball Inc #1211 Village Bar Beverage Dispensary Bernie V. Ballao #4346 Bernie's Beverage Dispensary Kodiak Inn Inc #600 Chart Room Beverage Dispensary-Tourism AS 04.11.400(d) American Legion Robert #57 American Legion Club G Blair Post#17 Post#17 CNG Inc #1156 Tony's Liquor Store Package Store Safeway Inc #2509 Safeway Store Package Store #1090 Liquor Cabinet Inc #4044 Liquor Cabinet/Cost Package Store Savers Sook C. Yun #2611 Sizzler Burger& Restaurant/Eating Place Peking Rest. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 5 Sook C Yun Kim #3293 Second Floor Restaurant/Eating Place Restaurant Anna Maria #3458 Angelo's Restaurant/Eating Place Kaloumenou The Kishan Group Inc #4611 Buskin River Beverage Dispensary-Tourism Lounge AS 04.11.400(d) Odom Corporation #3496 Odom Corporation, Wholesale - General The Lisa & Steven Thomsen #3932 Alaskan Wilderness Winery Wines The Assembly confirmed that the above trouble reports did not cause any concern to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIOUSLY: Stutes, Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. 5. Amend the Action Taken on the Borough Clerk's Performance Evaluation. LYNCH moved to amend the action previously taken on the Clerk's Evaluation by increasing the Clerk's Salary to Range 25, Step M retroactive to her anniversary date of June 3. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, Stutes (Ayes); and Stephens (No). Executive Session 1. Borough Manager's Performance Evaluation. KAPLAN moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. Mayor Selby invited the Assembly members and Manager to join in the executive session. After the vote, Mayor Selby recessed the regular meeting at 9:01p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:26 p.m. LYNCH moved to adjust the Manager's salary to one hundred thirty thousand dollars retroactive to July 17, 2013 per Contract No. FY2013 -14. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Austerman, and Bonney. 2. IBEW Contract Negotiation. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 6 AUSTERMAN moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.d), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. Mayor Selby invited the Borough Assembly, Manager, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recessed the regular meeting at 9:27 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:55 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS Vicki Jo Kennedy expressed gratitude to Assembly member Stephens. She spoke on getting the speaker system fixed and the importance of Resolution No. FY2014-17. Judi Kidder expressed gratitude to outgoing Mayor Selby and Assembly Members. Ken Reinke reported a favorable September for Threshold and expressed gratitude to the Assembly. ASSEMBLY MEMBERS' COMMENTS Assembly member Stephens was pleased on receiving the quarterly report from the Attorney. Assembly member Griffin expressed gratitude to outgoing Mayor Selby. Assembly member Kaplan expressed gratitude to longevity recipients, outgoing Mayor, and outgoing Assembly member Stutes. Assembly member Lynch expressed gratitude to longevity recipients and outgoing Mayor Selby. Assembly member Austerman expressed gratitude to longevity recipients, outgoing Mayor Selby, and outgoing Assembly member Stutes. Announcements — Mayor Selby The next Assembly work session was rescheduled to Tuesday, October 29, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, November 7, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT Kaplan moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Lynch, Stephens, Austerman, Griffin, and Kaplan Kodiak Island Borough Assembly Minutes October 17, 2013 Page 7 The meeting was adjourned at 10:10 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes October 17, 2013 Page 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 7, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 7, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Community Development Director Bob Pederson, Engineering and Facilities Director Bob Tucker, Engineering and Facilities Projects Manager Matt Gandel, Clerk Nova Javier, Deputy Clerk Jessica Kilborn, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of September 19 and October 3, 2013 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend presented the Student of the Month Award for October 2013 to Jeffrey Woods, a senior with the Kodiak Island Borough School District Correspondence Study Program. CITIZENS' COMMENTS None. COMMITTEE REPORTS Southwest Alaska Municipal Conference (SWAMC) President and Borough representative Louise Stutes reported on the SWAMC meetings held October 24 and 25. It was noted that Assembly member Austerman also attended the meetings. Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting held on Monday, November 4. The next meetings would be held on November 25, December 2, and December 9. Assembly member Bonney reported on the Solid Waste Advisory Board meeting held on October 28 and urged the Assembly to review the goals and objectives of the board. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1 PUBLIC HEARING A. Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision From R1-Single Family Residential To B-Business Zoning District (Case No. 14-002). Assembly member Stephens noted that he had a potential conflict of interest and requested to be excused from participating in the discussion and voting. Mayor Friend ruled that there was a conflict of interest. VOICE VOTE ON THE RULING OF THE CHAIR CARRIED UNANIMOUSLY. KAPLAN moved to adopt Ordinance No. FY2014-09. The applicant requested a rezone of the parcel in order to achieve compliance with the adopted Comprehensive Plan. The applicant's development and use of the property targeted a client base composed of visitors and tourists primarily engaged in sport fishing activities with residual services supplied to sport hunters. The use of the property supported the goal of village economic development contained in the adopted comprehensive plan. The Assembly previously approved the same rezone request at its regular meeting of November 6, 2008. The Commission held a public hearing on September 18, 2013 on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve the rezone request, subject to a timeliness effective clause. Eight public hearing notices were mailed out on Friday, October 18 and no responses were received. Mayor Friend opened the public hearing. Jane Petrich spoke in support of Ordinance No. FY2014-09. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. B. Resolution No. FY2014-18 Renaming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. LYNCH moved to adopt Resolution No. FY2014-18. The Fire Protection Area No.1 Board adopted a resolution on June 18, 2013 requesting the Kodiak Island Borough Assembly officially change the name of the Bayside Fire Training Center to the Earl Smith, Jr. Memorial Fire Training Center. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 2 The Mayor appointed and Assembly confirmed the Fire Protection Area Board No. 1 as the five member citizen panel to review proposed names, hold a public hearing, and identify an appropriate name for the facility. After holding a public hearing on October 18, 2013, the Fire Protection Area No. 1 Board adopted FP Resolution No. FY2014-01. The resolution requested that the Borough Assembly officially change the name of the Bayside Fire Training Center to the Earl Smith, Jr. Memorial Fire Training Center. They also requested that the official change of name and dedication occur on Memorial Day 2014. Mayor Friend opened the public hearing. Scott Arndt spoke in support of Resolution No. FY2014-18. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Announced the promotion of Bob Tucker to the Engineering and Facilities Director position. • Announced that Neal Horn would begin his employment as the Code Enforcement Officer beginning on Tuesday, November 12. • The Request for Proposal for the Fisheries Analyst was issued on November 1. The deadline for submittals was December 2. • Contract No. FY2014-17 Animal Control Services Agreement went into effect on November 2 and the Borough was receiving the services requested. • Would be on jury duty during the month of November and would be out of the office November 18-21 to attend the Alaska Municipal League conference in Anchorage. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported that he was working on the Assembly assignments to the various boards and committees. He encouraged Assembly input as he began his term as mayor. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly A. Election of the Deputy Presiding Officer. Mayor Friend opened the nominations. AUSTERMAN moved to nominate Chris Lynch as deputy presiding officer. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 3 STEPHENS moved to nominate Tuck Bonney as deputy presiding officer. • Mayor Friend closed the nominations. As there was more than one individual nominated, Mayor Friend asked the Clerk to distribute ballots, collect, and tally the ballots. A majority vote was cast for Tuck Bonney as deputy presiding officer. Contracts A. Approval of Change Order No. 3 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-Design Work for the Anton Larsen Dock Replacement Project. GRIFFIN moved to authorize the Manager to execute Change Order No. 3 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract for pre-design work for the Anton Larsen Dock Replacement Project in an amount not to exceed $43,760. The Borough advertised a Request for Proposals (RFP) for architectural and engineering services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for the Anton Larsen Bay Dock Replacement project. Pre-design work would include site visits, topographic and bathymetric surveys, and conceptual design options including dock/ramp locations, potential parking configuration, and order of magnitude costs. Once the pre-design work was completed the Borough would be able to select a design choice, and JYL would provide a fee proposal for permitting, construction documents, bidding, and construction administration work. The Borough received Denali Commission and Alaska State Legislature grants for the project. The pre-design work would be funded by the Denali Commission grant, which was specifically for planning and design. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Griffin, Kaplan, Lynch, Peterson, and Austerman (Ayes); Stephens and Bonney (Noes). B. Approval of Change Order No. 4 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-design Work for Installing New Electrical Generators at Old Harbor, Karluk, Port Lions, and North Star Elementary Schools. PETERSON moved to authorize the Manager to execute Change Order No. 4 amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Kodiak Island Borough Assembly Minutes November 7, 2013 Page 4 Engineering Services Term Contract for Installing New Electrical Generators at Old Harbor, Karluk, Port Lions, and North Star Elementary Schools in an amount not to exceed $31,360. The Borough advertised a Request for Proposals (RFP) for architectural and engineering services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for installing new electrical generators at Old Harbor, Karluk, Port Lions, and North Star Elementary schools. The work was part of a preparedness effort to ensure schools that act as community shelters would continue to have power in case of an emergency. Pre-design work would include site visits, verification of existing electrical and lighting systems, preliminary concept drawings and generator sizing, and order of magnitude construction and operational cost estimates. Once the pre-design work was completed JYL would provide a fee proposal for construction documents, bidding, and construction administration work. The Borough received a State grant in FY2012 for installation of generators at several schools, including the four listed above. The funds from this grant would be used for the pre-design work. Assembly discussion. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Peterson, Austerman, Bonney, and Griffin (Ayes); Stephens (No). C. Approval of Change Order No. 5 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-Design Work for the Borough Building Renovation. AUSTERMAN moved to authorize the Manager to execute Change Order No. 5 Amending Contract No. FY2014-13 with Jenson Yorba Lott, Inc. of Juneau, Alaska for an Architectural and Engineering Services Term Contract for Pre-design Work for the Borough Building Renovation Project in an amount not to exceed $31,450. The Borough advertised a Request for Proposals (RFP) for architectural and engineering services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for the Borough Building Renovation which would include replacing the boilers, asbestos abatement in the boiler room and existing flooring, installing new flooring, and upgrades to various mechanical and Kodiak Island Borough Assembly Minutes November 7, 2013 Page 5 electrical building components. It was anticipated that this would be a phased multi-year project beginning after the School District relocated its offices in the fall of 2014. Pre-design work would include site visits, creation of Autocad base sheets for future drawings, and a technical memorandum describing the existing systems and options for mechanical and electrical upgrades. Once the pre-design work was completed JYL would provide a fee proposal for permitting, construction documents, bidding, and construction administration work. The project would combine several projects already approved as Renewal and Replacement projects. The pre-design work would be funded from one of those projects. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Peterson, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). D. Approval of the Expenditure Request for Scheduled Baler Maintenance. PETERSON moved to authorize the Manager to approve a purchase order for Pioneer Supply Inc. for parts associated with the rebuild of the landfill's baler in an amount not to exceed $41,342.75. The actual baler machine was routinely rebuilt approximately every two years. During the rebuilding process garbage was not baled but loose filled in the landfill. The cost of rebuilding the baler was approximately $100,000. The amount was budgeted with half of the cost (approximately $50,000) budgeted each year. Parts (a list was provided to the Assembly) were purchased in the first year with the metal purchased the second year. Costs associated with the baler rebuild were paid for out of the Landfill Enterprise Fund. The Borough's baler was made by Harris and their exclusive authorized distributor for the State of Alaska was Pioneer Supply, Inc. Pioneer Supply provided all parts, equipment, and service for the State. The Borough used Pioneer Supply in the past for baler parts for many rebuilds of the baler. The purchase would be a sole source purchase. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Peterson, Austerman, Kaplan, and Lynch (Ayes); Bonney, Griffin, and Stephens (Noes). Resolutions 1. Resolution No. FY2014-19 Disposing of a Portion of Land Up To 27,720 Square Feet Located on Top of the Active Landfill at 1203 Monashka Bay Road by License Agreement to the City of Kodiak to Temporarily Produce Class B Compost Until November 15, 2015. AUSTERMAN moved to adopt Resolution No. FY2014-19. The current License Agreement between the City and the Borough for processing of Class B compost within the active operational footprint on top of the landfill would expire on November 14, 2013. That agreement was specific to a particular 27,7020 square foot area within the active operational foot print. The resolution brought before the Assembly a new License Agreement that would allow for continued processing of Class B compost for approximately two years at Kodiak Island Borough Assembly Minutes November 7, 2013 Page 6 different locations within the active footprint (Exhibit A) which would move periodically so as to not interfere with ongoing landfill operations, but not exceed 27,720 square feet at any one time. The terms of the new license agreement would stipulate that determinations regarding location of the Class B composting operation at any given time would be made by the landfill supervisor, and that all compost produced would remain at the landfill for utilization to fill voids or for cover material as approved by the Alaska Department of Environmental Conservation (ADEC). By memorandum of agreement (MOA) between the City and the Borough signed in 2007 the biosolids from the wastewater treatment plat had been deposited at the landfill within the operating footprint. The biosolids were processed into Class B compost at that location since December, 2012 for utilization at the landfill. The landfill supervisor determined that the short-term processing of biosolids into Class B compost could continue within the active landfill footprint (Exhibit A) on a rotating basis utilizing no more than 27,720 sq. ft. at one time without interfering with landfill operations. ADEC approved moving the composting operation as necessary within the the active footprint on top of the landfill (see email dated August 13, 2013 from Lori Aldrich). ADEC operating guidelines for Class B composting would continue to be followed, including water run-off sampling as part of the landfill's routine monitoring program. The temporary license agreement for processing biosolids into Class B compost at the landfill would continue cooperative efforts consistent with the MOA. It would offer a short term solution benefiting the community and rate payers while giving the City the time needed to conduct geotech engineering studies and design work necessary to obtain a permit from ADEC for a long-term composting facility that would process biosolids into EQ (excellent quality) Class A compost at a different 2.36 acre location at the landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, Lynch, and Peterson. 2. Resolution No. FY2014-20 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. BONNEY moved to adopt Resolution No. FY2014-20. The purpose of the resolution was to approve the Borough's submittal of an application to the Alaska Clean Water Fund for a loan in an amount up to $3,400,000. Loan funds would be used to support the Landfill Lateral Expansion Project, Phase III, the construction of a wastewater treatment facility for on-site treatment of the landfill's leachate. The current proposed budget for Phase III was $16,820,981, and the proposed budget for the entire Landfill Lateral Expansion Project was $32,000,000. The Borough could borrow loan funds as needed up to the approved amount. Terms for the repayment of the loan were up to 20 years at 1.5% interest. The project was placed on the ADEC's Alaska Clean Water Fund Non-Point Source Funding Priority List for Fiscal Year 2014 as a result of not being funded for the Municipal Matching Kodiak Island Borough Assembly Minutes November 7, 2013 Page 7 Grant requested in fiscal year 2013. Once on the list, a formal application was required to be submitted to receive loan funds. To assist with financing the cost of expanding the landfill under current regulations, the Borough applied again for a grant from the ADEC Municipal Matching Grant Program and requested support for the program from the legislature via the FY14 Capital Improvements Priority List. Application to the Alaska Clean Water Fund Loan Program provided security of project funding in case the grant request was not approved. The resolution authorized the Borough Manager to submit an application for a loan from the Alaska Clean Water Fund and authorized the Manager to execute any and all documents required for the loan. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Austerman, Griffin, Kaplan, Lynch, and Peterson (Ayes); Stephens and Bonney (Noes). Ordinances for Introduction None. Other Items 1. Mayoral Appointments to the Planning and Zoning Commission. PETERSON moved to confirm the appointments of Mr. Scott Arndt and Ms. Maria Painter to the Planning and Zoning Commission Borough seats for terms to expire December 2015. There were currently three vacant seats that were vacant on the Planning and Zoning Commission. Two of these seats were Borough seats and there was one City Seat. The Clerk's Office received six applications for the Borough seats from Scott Arndt, Maria Painter, Jane Petrich, Elizabeth Ridgeway, Jeffrey Trenery, and Sandra Marie Katelnikoff-Lester. Mayor Friend selected Mr. Arndt and Ms. Painter for the Borough seats. The Clerk's Office also received an application for the City Seat from Ms. Patricia Olsen. The City Council would make a recommendation in December as they did not have any scheduled meetings in November. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. 2. Assembly Appointment to the Bay View Road Service Area Board (Peter Ivanoff). GRIFFIN moved to confirm the Assembly Appointment of Mr. Peter Ivanoff to the Bay View Road Service Area Board for a term to expire October 2016. There was currently one vacant seat on the Bay View Road Service Area Board (BVRSAB). On October 21, 2013, the Clerk's Office received an application from Mr. Peter Ivanoff and he had served on the board in the past. BVRSAB chairperson, Mr. Reed Oswalt, requested Assembly confirmation of Mr. Ivanoff. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson, Stephens, Austerman, and Bonney. 3. Approval of the Kodiak Island Borough Assembly 2014 Meeting Schedule. This item was approved under the consent agenda. The Assembly approved the meeting schedule for the upcoming year. CITIZENS' COMMENTS City Manager Aimee Kniaziowski thanked the Assembly for its support on Resolution No. FY2014-19. ASSEMBLY MEMBERS' COMMENTS Assembly members Austerman, Kaplan, and Lynch congratulated the Student of the Month Award recipient. Assembly members Austerman and Lynch congratulated Mr. Tucker on his promotion to Engineering and Facilities Director. Assembly member Austerman congratulated Tuck Bonney on being elected as Deputy Presiding Officer. She commended Ms. Stutes on her report of the SWAMC meetings held in October. She also thanked those who applied to serve on Planning and Zoning Commission and Bay View Road Service Area Board. Assembly member Bonney encouraged the Assembly to review the term contract process and spoke against paying a consultant travel reimbursements for projects. Assembly member Stephens noted that the current financial report was on the website and spoke on past financials of the Borough. Announcements — Mayor Friend The next Assembly work session was scheduled on Thursday, November 14 at 7:30 p.m. in the Borough Conference Room, with a special meeting to be held immediately following the work session. The Assembly regular meeting scheduled on Thursday, November 21 was canceled. The Borough offices would be closed on Monday, November 11 in observance of Veterans Day. The Borough Clerk's Office would be closed November 18, 19, and 20, and woulf reopen for business on Thursday, November 21 at 8 a.m. The Mayor and members of the Assembly would be traveling November 18-22 to attend the Alaska Municipal League Conference in Anchorage. ADJOURNMENT KAPLAN moved to adjourn the meeting. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 9 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Austerman, Bonney, and Griffin. The meeting was adjourned at 8:45 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Borough Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes November 7, 2013 Page 10 KODIAK ISLAND BOROUGH Assembly Special Meeting November 14, 2013 A special meeting of the Kodiak Island Borough Assembly was held on November 14, 2013, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, Deputy Clerk Jessica Kilborn, and Assistant Clerk Angela MacKenzie. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Mayoral Appointments of Assembly Member Representatives to Boards, Committees, Commissions, and Councils. PETERSON moved to confirm the mayoral appointments of assembly representatives to boards, committees, commissions, councils, and Assembly representatives to the different Cities, Communities, and Villages. Mayor Friend introduced and asked for confirmation of the Assembly representative appointments to the various boards, committees, commissions, councils of the Borough, and to the cities, communities, and villages of Kodiak Island. Architectural Review Board, KIBC 2.125 Frank Peterson Economic Development Committee, KIBC 2.115 Dave Kaplan Emergency Services Council, KIBC 2.110 Jerrol Friend Fisheries Oceanic Research Board, KIBC 2.125 Jerrol Friend Kodiak Workforce Regional Advisory Council, KIBC 2.155 Carol Austerman Joint Building Code Review Committee, KIBC 15.45 Aaron Griffin Kodiak College Council Dave Kaplan Kodiak Fisheries Work Group (Adhoc) Jerrol Friend, Chris Lynch, and Carol Austerman Kodiak Fisheries Advisory Committee, Res FY07-38 Frank Peterson Parks and Recreation Committee, KIBC 2.120 Mel Stephens Project Advisory Committee (Zoning Code Revision), Res FY2011-08 Project Ending Providence Health System Service Area Board, KIBC 8.05 Carol Austerman School District Budget Advisory Committee Aaron Griffin School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Carol Austerman Solid Waste Advisory Board, KIBC 2.145 Tuck Bonney City of Akhiok Dave Kaplan Chiniak Community Carol Austerman Karluk (IRA Tribal Council) Frank Peterson City of Larsen Bay Mel Stephens City of Old Harbor Tuck Bonney Kodiak Island Borough Assembly Minutes November 14, 2013 Page 1 City of Ouzinkie Chris Lynch City of Port Lions Aaron Griffin AUSTERMAN moved to divide the question to separately appoint the Assembly representative to the Providence Health Systems Service Area Board. ROLL CALL VOTE ON MOTION TO SPLIT THE QUESTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. GRIFFIN moved to divide the question to separately appoint the Assembly representative to the Kodiak College Council. ROLL CALL VOTE ON MOTION TO SPLIT THE QUESTION CARRIED UNANIMOULSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. GRIFFIN moved to amend the Providence Health Systems Service Area Board appointment from Mel Stephens to Carol Austerman. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED SIX TO ONE: Griffin, Kaplan, Lynch, Peterson, Austerman, and Bonney (Ayes); Stephens (No). GRIFFIN moved to amend the Kodiak College Council appointment from Frank Peterson to Dave Kaplan. ROLL CALL ON THE MOTION TO AMEND CARRIED FIVE TO TWO: Kaplan, Lynch, Austerman, Bonney, and Griffin (Ayes); Peterson and Stephens (Noes). ROLL CALL VOTE ON MOTION TO CONFIRM THE MAYORAL AND ASSEMBLY APPOINTMENTS INCLUDING THE AMENDMENTS TO THE PROVIDENCE HEALTH SYSTEMS SERVICE AREA BOARD AND KODIAK COLLEGE COUNCIL APPOINTMENTS CARRIED SIX TO ONE: Lynch, Peterson, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). EXECUTIVE SESSION A. Matters Involving Negotiations with the IBEW. LYNCH moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.d), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. Mayor Friend invited the Borough Assembly, Manager, and Clerk's Office Staff into executive session. After the vote, Mayor Friend recessed the special meeting at 9:12 p.m. and convened the executive session. Kodiak Island Borough Assembly Minutes November 14, 2013 Page 2 Upon returning from the executive session, Mayor Friend reconvened the special meeting at 9:24 p.m. and announced there was action taken as a result of the executive session. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: The meeting was adjourned at 9:24 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes November 14, 2013 Page 3 , KODIAK ISLAND BOROUGH :; f 1a0 1'\, . . i0' AGENDA STATEMENT a : x REGULAR MEETING OF: DECEMBER 5, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. 1997-20B Amending Resolution No. 1997-20 Regarding Compensation of the Service Area No. 1 Board Chairperson. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution Nos. 1997-20 and 1997-20A, Proposed Resolution No. 1997-20B, SA1 Resolution No. FY2014-01; SA1 Board Minutes of November 15, 2013, SA1 Board FY2014 Budget Worksheet APPROVAL FOR AGENDA: SUMMARY STATEMENT: KIBC 4.15.050 states "Board members shall be compensated as provided by resolution of the Assembly". As part of the FY2014 Budget process, the Service Area No. 1 (SA1) Board determined a need to increase the chairperson's stipend to $4800/year and included the increase in its proposed budget to the Assembly. On November 14, 2013, the SA1 Board adopted a resolution requesting the increase to the stipend be approved by the Assembly. RECOMMENDED MOTION: Move to adopt Resolution No. 1997-20B. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Assembly 2 CORRECTED COPY Requested by: Service Area No. 1Board Drafted by: Deputy Clerk 3 Introduced on: 12/05/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. 1997-20B 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AMENDING RESOLUTION NO. 1997-20 REGARDING THE 11 COMPENSATION OF THE SERVICE AREA NO. 1 BOARD 12 CHAIRPERSON 13 14 WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board 15 members shall be compensated as provided by resolution of the Assembly"; and 16 17 WHEREAS, on or before March 31 of each year, each service area board of supervisors 18 adopts a budget and a work program, at public hearing, detailing the level of services 19 desired; and 20 21 WHEREAS, the Service Area No. 1 Board held a public hearing on its fiscal year 2014 22 budget on March 11, 2013, which included an increase to the Chairperson's stipend from 23 $300 to $400 per month; and 24 25 WHEREAS, the Assembly adopted Resolution No. 1997-20 on July 3, 1997 that 26 provided a $2,400 stipend to be paid to the Chairperson of Service Area No. 1 Board; and 27 28 WHEREAS, the Assembly adopted Resolution No. 1997-20B on October 5, 2006 29 increasing the annual stipend to $3,600 to be paid to the Chairman of Service Area No. 1 30 Board; and 31 32 WHEREAS, the Service Area No. 1 Board adopted its Resolution No. FY2014-01 on 33 November 11, 2013 recommending the stipend paid to the Chairperson be increased to 34 $4,800 annually; and 35 36 WHEREAS, funding for the increase to the Chairperson's stipend was made available in 37 the Service Area No. 1 Board's fiscal year 2014 budget. 38 39 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 40 ISLAND BOROUGH THAT 41 42 Section 1: The Service Area No. 1 Chairperson shall be paid a stipend of four 43 thousand eight hundred dollars ($4,800). 44 45 Section 2: The stipend will be paid on a quarterly basis from Service Area No. 1 funds 46 retroactive to July 1, 20143. 47 48 Kodiak Island Borough, Alaska Resolution No. 1997-20B Page 1 of 2 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2013 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 ATTEST: Jerrol Friend, Borough Mayor 58 59 60 61 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. 1997-20B Page 2 of 2 1 Introduced by: Borough Assembly 2 Requested by: Service Area No. 1 Board 3 Drafted by: Deputy Clerk Introduced on: 12/05/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. 1997-20B 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AMENDING RESOLUTION NO. 1997-20 REGARDING THE 11 COMPENSATION OF THE SERVICE AREA NO. 1 BOARD 12 CHAIRPERSON 13 14 WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board 15 members shall be compensated as provided by resolution of the Assembly"; and 16 17 WHEREAS, on or before March 31 of each year, each service area board of supervisors 18 adopts a budget and a work program, at public hearing, detailing the level of services 19 desired; and 20 21 WHEREAS, the Service Area No. 1 Board held a public hearing on its fiscal year 2014 22 budget on March 11, 2013, which included an increase to the Chairperson's stipend from 23 $300 to $400 per month; and 24 25 WHEREAS, the Assembly adopted Resolution No. 1997-20 on July 3, 1997 that 26 provided a $2,400 stipend to be paid to the Chairperson of Service Area No. 1 Board; and 27 28 WHEREAS, the Assembly adopted Resolution No. 1997-20B on October 5, 2006 29 increasing the annual stipend to $3,600 to be paid to the Chairman of Service Area No. 1 30 Board; and 31 32 WHEREAS, the Service Area No. 1 Board adopted its Resolution No. FY2014-01 on 33 November 11, 2013 recommending the stipend paid to the Chairperson be increased to 34 $4,800 annually; and 35 36 WHEREAS, funding for the increase to the Chairperson's stipend was made available in 37 the Service Area No. 1 Board's fiscal year 2014 budget. 38 39 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 40 ISLAND BOROUGH THAT 41 42 Section 1: The Service Area No. 1 Chairperson shall be paid a stipend of four 43 thousand eight hundred dollars ($4,800). 44 45 Section 2: The stipend will be paid on a quarterly basis from Service Area No. 1 funds 46 retroactive to July 1, 2014. 47 48 Kodiak Island Borough, Alaska Resolution No. 1997-20B Page 1 of 2 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2013 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 ATTEST: Jerrol Friend, Borough Mayor 58 59 60 61 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. 1997-20B Page 2 of 2 1 Introduced by: Service Area No. 1 Board 2 Requested by: Service Area No. 1 Board Drafted by: Service Area No. 1 Board 3 Secretary 4 Introduced on: 5 Adopted on: 6 7 SERVICE AREA NO. 1 BOARD 8 RESOLUTION NO. FY2014-01 9 10 A RESOLUTION OF THE SERVICE AREA NO. 1 BOARD REGARDING COMPENSATION 11 OF THE CHAIRMAN OF SERVICE AREA NO. 1 BOARD 12 13 WHEREAS, the Service Area No. 1 (SA1) Board held a public hearing on its fiscal year 2014 14 budget on March 11, 2013, which included an increase to the Chairperson's stipend from $300 15 to$400 per month; and 16 17 WHEREAS, the SA1 Board members took action supporting the increase to the SA1 18 Chairperson's stipend at its October 7, 2013 regular meeting; and 19 20 WHEREAS, the KIB FY2014 Budget was approved by the Assembly on June 6, 2013; and 21 22 WHEREAS, per KIBC 4.15.050 compensation of service area board members is provided by 23 resolution of the Assembly and shall be reimbursed for reasonable expenses incurred in the 24 performance of their duties; and 25 26 WHEREAS, the SA1 Board recommends to the Assembly that the stipend paid to the 27 Chairperson be increased to $4,800 annually; and 28 29 WHEREAS, funding for the increase to the Chairperson's stipend was made available in the 30 SA1 Board's fiscal year 2014 budget. 31 32 NOW, THEREFORE BE IT ORDAINED BY THE SERVICE AREA NO. 1 BOARD, THAT: 33 34 Section 1: The Service Area No. 1 Board recommends the Borough Assembly officially 35 increase the Service Area No. 1 Board Chairperson's stipend from $3,600 to 36 $4,800 per year and that the stipend will be paid on a quarterly basis from 37 Service Area No. 1 funds retroactive to July 1, 2013. 38 39 ADOPTED BY THE SERVICE AREA NO. 1 BOARD 40 THIS /9 t4 DAY OF/ 0 vtow, r 2013 41 42 SERVICE AREA NO. 1 BOARD 43 44 p// 45 ✓elOAh 46 ATTEST: Scott Arndt, Chairperson 47 48 49 L IAL � �t 50 Je ny Clay, Se ice Area No.0 Board Secretary Kodiak Island Borough Service Area No. 1 Resolution No. FY2014-01 Page 1 of 1 I 8. OLD BUSINESS a. Update on Paint Stripping Chair Arndt reported the paint stripping was finished on Sharatine, Puffin, Curlew and Gull. Katmai and Jackson Lane was the last streets to be done as there was money left in the budget. The board discussed the issue. b. Update on Survey work on Service District Roads Chair Arndt discussed survey work by St. Denney Surveying. Work was done on Woodland Drive, Shahafka Drive and Parkside Drive. Arndt asked for concurrence of the board for working on the draining issues on Parkside Drive as a culvert was blocked. Arndt also discussed Eli Waselie Circle was paved and Woodland Drive replaced a culvert. Board discussion ensued c. Update on Service District Charges with MK Construction Chair Arndt stated that a letter from the Kodiak Island Borough was sent to MK Construction on issues with money charged for roads. 9. NEW BUSINESS a. Update on AIM Maintenance Contractor Chair Arndt reported that the contractors work was a challenge with the calcium chloride and Service Area Roads but they had done a great job. Scott discussed with the Board the particulars of the road maintenance that was accomplished by AIM Maintenance Contractor. b. Revise Chair Stipend from$300 to $400 SPALINGER MOVED to raise the stipend from $300 to $400 The Board discussed that was a warranted measure. ROLL CALL VOTE ON MOTION PASSED 5 to 0 10. VISITOR COMMENTS Natasha Hayden stated that she was looking forward to getting "up to speed" with the Service Area Board issues. She requested that by laws, policy or mission statement be sent to her. 11. BOARD COMMENTS K. Arndt- No Comment G. Spalinger—No Comment 2 0 Kodiak Island Borough Budget Worksheet Report pro lett /7. e 74 L 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Amended 2013 Actual ! Account Number Description Amount Amount Amount Amount Budget Amount 2014 Level 1 Fund 242n ,,[[ Service District No 1 W ifcOy Revenue /On TS- /,S /,.5- /.S 0, S .2.0 Department 000 Fund Revenues Prooariv Tax 311.100 Real Properly Tax 5283,198.78 $319,010.93 3331,921.40 5356,343.94 $120,000.00 $121,144.20 $480,000.00 311.200 Personal PropertyTax $8,879.65 $8,738.43 $8,667.79 $8,515.42 $2,830.00 $2,799.83 $10,500.00 Total'Prnoenv Tad $292,079.43 $327,749.36 $340,589.19 $364,859.36 $122,830.00 $123,944.03 $490,500.00 Payment In Lieu Of Taxes 314.200 PILT-KIHA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total'Payment In t inn Of Taxes $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Penalties 6 Internal Tex 319.100 Penalties/Interest $0.00 $1.75 $0.10 $1.75 $0.00 $0.14 $0.00 Total'Penalties&Interest Tax 50.00 $1.75 $0.10 $1.75 $0.00 $0.14 $0.00 slntr:Rharad Ravnnims 335.11D Stale Rev Sharing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 335.125 Temporary Fiscal Relief 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 335.190 Pars On Behalf Payment $0.00 $55.36 $0.00 $0.00 $0.00 $0.00 $0.00 Total'State Shared Ravamrns $0.00 $55.36 $0.00 $0.00 .50.00 $0.00 $0.00 Interest Faminns 361.100 Inlorest Earnings $13,721.19 $8,045.47 $13,561.84 $13,452.15 50.00 $9,289.85 $0.00 361.300 Change in Fair Mkt value $1,295.13 ($550.68) ($9,659.19) 553356 $0.00 ($3,949.03) $0.00 Total'Interest Enminn` 515,017.02 $7,494.79 $3,902.65 $13,985.71 $0.00 $5,340.82 $0.00 niher Anancirm Seourn1 389.100 Use Of Fund Balance $0.00 $0.00 $0.00 $0.00 $245,670.00 $0.00 $0.00 Total'Other FInanchlg$91acg$ $0.00 $0.00 $0.00 $0.00 $245070.00 $0.00 50.00 11nermlino Transte15 In 391.100 General Fund $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total'Oaemfinm Transfers In $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Department Total:Fund Revenues $307,095.45 $335,301.26 $344,491.94 $378,146.82 $368,500.00 $129,294.99 $490,500.00 Revenue Totals $307,095.45 $335,301.26 $344,491.94 $378,846.82 $368,500.00 $129,284.99 $490,500.00 user:Jennifer Keegan Pages 1 of 3 Wednesday,February 20, 2013 0 0 Kodiak Island Borough Budget Worksheet Report 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Amended 2013 Actual Account Number Descdation Amount Amount Amount Amount Budget Amount 2014 Level 1 Fund 242 Service District No 1 Expenses Department 224 Road Service Dlatrict#1 Nnom,et SeM e` 410.109 Chairman Stipend $3,600.00 $3.600.00 $3,600.00 $3,600.00 33,600.00 $1,800.00 54,800.00 410.110 Salaries $2,046.85 $1,404.41 $1209.03 32,736.24 $3,000.00 $217.16 $3,000.00 410.120 Temporary Help $0.00 $0.90 $0.00 $0.00 $0.00 $0.00 $0.00 410.130 Overtime $266.55 $308.72 $397.32 $456.43 $1,000.00 5185.51 $1,000.00 410.140 Allocated Salaries $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 Total Persnnnal Servirec $5,913.20 $5,313.13 $5,206.35 $6,792.67 $7,600.00 $2,202.87 $8,800.00 CmMeyee Benoul' 420.110 Unempbymenl Taxes $0.21 $0.14 $0.15 $0.31 $50.00 $0.03 $50.00 420.120 FICA Taxes $443.26 $394.93 $393.09 $499.02 $500.00 $173.09 $700.00 420.130 Group insurance $490.21 $589.53 $541.68 $835.80 $700.00 $135.67 $1,000.00 420.140 Retirement $508.91 $431.73 $353.34 $893.96 $600.00 $95.94 $1,000.00 420.150 Workers Compensation $56.81 342.48 $49.97 $86.01 $100.00 $14.11 $150.00 Total/Frnebyee Benefits $1,499.40 $1,458.81 $1,33023 $2,115.10 $1,950.00 $418.74 $2,900.00 Service O slrid Matnt E 446.110 Snow RemoveOSanding $95,808.80 $90,821.68 $160,889.02 $270,228.05 $180,000.00 $0.00 $200,000.00 446.120 Repairs/Maintenance 318,013.90 $139,722.18 $153,252.00 $14,952.50 $107,300.00 $13,392.50 $175,000.00 446.125 Grading/Ditching $48,981.50 $59,187.50 $34.115.50 $29,938.50 $70000.00 $15,812.50 $101,700.00 Total'Service District Alain! $162,804.20 $289,731.34 $348256.52 $315,019.05 $357,300.00 $29,205.00 $476,700.00 Sunnral Gooda 6 Servces 450.110 Operating Supplies $0.00 $0.00 $0.00 $0.00 $100.00 $0.00 $100.00 450.120 Printing/Binding $0.00 30.00 30.00 $0.00 $100.00 $0.00 $100.00 450.140 Dues/BOOks/Pedod $0.00 $0.00 30.00 $0.00 $0.00 $0.00 $0.00 450.220 Incur And Bonding $858.00 5856.00 $838.00 3721.00 $800.00 $951.83 51,200.00 450.230 Advertising/Hearings $40.58 $162.24 $81.12 $153.37 $400.00 $0.00 $400.00 450.255 Accounting Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 450.320 Bad Debts Expense $32.74 $0.95 $12.57 $0.77 $0.00 $0.27 $0.00 450.330 Rent $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 user:Jennifer Keegan Pages 2 of 3 Wednesday.February 20.2013 • . 0 0 Kodiak Island Borough Budget Worksheet Report 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Amended 2013 Actual Account Number Description Amount Amount Amount Amount Budget Amount 2014 Loyal Fund 242 SarvIce District No 1 Department 224 Road Service District 81 450.340 Telephone $0.26 $2.72 5177.04 $208.10 $250.00 $144.33 $300.00 450.430 Repalrs/Maintnnance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 450.440 Auto Repairs&MainL $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 450.450 Corange0des $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total'Su000d Goods R Service. $729.58 5821.91 5908.73 51,083.24 $1,650.00 $1,096.43 $Z100.00 Capital Outlay 470.040 Land 50.00 50.00 $0.00 50,00 $0.00 $0.00 $0.00 Total Capital Outlay $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Ooeralino Transfers 494.410 Capital prof-KIB 50.00 $0.00 $0.00 50.00 $0.00 50.00 $0.00 Total:Ooeratino Tranamry $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Department Total:Road Service District 91 $170,948.36 $297,325.19 $355,709.83 $325,010.06 $368,500.00 $32,922.84 $490,500.00 Revenue Totals: $307,095.45 $335,301.26 $344,491.94 $378,846.82 5368,500.00 $129,284.99 $490,500.00 Expense Totals 5170,946.38 $297,325.19 $355,709.83 $325,010.06 $368,500.00 $32,922.84 $490,500.00 Fund Total:Service District No 1 $136,149.09 $37,076.07 ($11,217.89) $53,835.76 $0.00 $98,362.15 $0.00 Revenue Grand Totals: $307,095.45 5335,301.28 $344,49194 5378,845.82 5366,500.00 5129,284.99 5490,500.00 Expanse Grand Totals: $170,946.36 $297,325.19 $355,709.83 $325,010.06 5368.500.00 532,922.84 $490,500.00 Not Grand Totals: $138,149.09 $37076.07 (511,217.89) $53,836.76 $0.00 $98,362.15 $0.00 user:Jennifer Keegan Pages 3 of 3 Wednesday, February 20.2013 Introduced by: Assembly Requested by: Assembly Drafted by: Finance Director Borough Clerk Introduced: 07/03/97 Adopted: 07/03/97 KODIAK ISLAND BOROUGH RESOLUTION NO. 97-20 A RESOLUTION COMPENSATING THE CHAIRMAN OF A SERVICE AREA BOARD OF SUPERVISORS WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board members shall be compensated as provided by resolution of the Assembly"; and WHEREAS, on or before March 31 of each year, each service area board of supervisors adopts a work program, at public hearing, detailing the level of services desired; and WHEREAS, in the fiscal year 1998 budget, two thousand four hundred dollars ($2,400) was budgeted for a stipend to be paid to the chairman of Service District No. 1 ; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1 : A chairman of a service area board of supervisors may be paid a stipend in accordance with an amount budgeted for fiscal year 1998. Section 2: The stipend will be paid on a quarterly basis from service district funds. Section 3: Any amount owing to the Kodiak Island Borough by the chairman may be off-set against this stipend at the discretion of the finance director. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF JULY, 1997 KODIAK ISLAND BOROUGH Jer me M. Selby, Bo, ,,„, —(ili,, ,th,, ,ili ATTEST: // Robin Heinrichs, Presiding Officer L A DJLrte= Cltc<./� onna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough,Alaska Resolution No.97-20 Page 1 of 1 Introduced by: Assembly Requested by: Service Area No. 1 Board Drafted by: Borough Clerk Introduced: 10/05/2006 Adopted: 10/05/2006 KODIAK ISLAND BOROUGH RESOLUTION NO. 1997-20A A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. 1997-20 REGARDING COMPENSATION OF THE CHAIRMAN OF SERVICE AREA NO. 1 BOARD WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board members shall be compensated as provided by resolution of the Assembly;" and WHEREAS, on or before March 31 of each year, each service area board of supervisors adopts a work program, at public hearing, detailing the level of services desired; and WHEREAS, the Assembly adopted Resolution No. 1997-20 on July 3, 1997 that provided $2,400 stipend to be paid to the chairman of Service Area No. 1 Board; and WHEREAS, the Service Area No. 1 Board recommends the stipend paid to the chairman be increased to three thousand six hundred dollars ($3,600) and funding is available in the fiscal year 2007 budget; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Service Area No. 1 chairman shall be paid a stipend of three thousand six hundred dollars ($3,600.) Section 2: The stipend will be paid on a quarterly basis from Service Area No. 1 funds retroactive to July 1, 2006. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF OCTOBER 2006 KODIAK ISLAND BOROUGH 'l i Je erne M. Selby, Borough Ma •r ATTEST: V I U C'--i'/f ' Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. 1997-20A Pane 1 of 1 ,-..“, :14 KODIAK ISLAND BOROUGH ° �� AGENDA STATEMENT IP A . REGULAR MEETING OF: DECEMBER 5, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue And Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. ORIGINATOR: Borough Assessor FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Proposed Ordinance No. FY2014-10 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This proposed update to Title 3.35 and 3.40, Real and Personal Property Tax adds procedures to be followed for exemptions that are not laid out in the current Title. This update also adds language that adds enforcement to our possessory interest tax and clearly states our intent and legal standing to enforce such a tax. The update also better defines Situs for personal property, adds penalties for not filing required assessment returns and generally adds clarification to areas of the original code that were vague. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager 1 Requested by: Borough Assessor Drafted by: Borough Assessor 2 Introduced: 12/05/2013 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 REVENUE 11 AND FINANCE CHAPTER 3.35 REAL PROPERTY TAX AND CHAPTER 12 3.40 PERSONAL PROPERTY TAX 13 14 WHEREAS, this ordinance would bring this section more in line with Alaska Statutes; and 15 16 WHEREAS, it would add emphasis to the taxation of possessory interest in personal 17 property at Section 3.35.020, consistent with existing requirements regarding real and 18 personal property; and 19 20 WHEREAS, it would make property not expressly exempt by ordinance subject to annual 21 taxation by the Kodiak Island Borough; and 22 23 WHEREAS, it would delineate standards, guidelines and procedures for municipal 24 property tax exemption requests at Section 3.35.030; and 25 26 WHEREAS, it would properly emphasize the taxability of possessory interests at Section 27 3.35.030 (C1); and 28 29 WHEREAS, it would define exempt properties in greater detail at Section 3.35.030 30 (C2&3); and 31 32 WHEREAS, it would set forth at Section 3.35.030(C3A) the requirements for applications 33 for municipal property tax exemptions, and would identify the documents that must be 34 submitted to the borough assessor before an exemption may be granted; and 35 36 WHEREAS, it would clarify which improvements made to a property may qualify for an 37 exemption from municipal property taxation, at Section 3.35.080(G), and recodify this 38 section as Section 3.35.030; and 39 40 WHEREAS, it would establish the conditions necessary for a property to qualify for a 41 community purpose exemption; and 42 43 WHEREAS, it would emphasize the taxability of a possessory interest to Section 3.35.040 44 (A4) that is consistent with the provisions set forth at 3.35.020; and Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Pan= 1 of PS 45 WHEREAS, it would reinforce the Assessor's right to obtain the documents necessary to 46 value properties, at Section 3.35.040(A5); and 47 48 WHEREAS, it would preserve the confidentiality of certain records and information 49 received by the assessor's office with the understanding of confidentiality, at Section 50 3.35.040 (A6); and 51 52 WHEREAS, it would establish the last day of February as the Kodiak Island Borough's 53 deadline for mailing assessment notices, at Section 3.35.040 (B); and 54 55 WHEREAS, it would make corrections to the language that must be included on annual 56 assessment notices, set forth at 3.35.040(c); and 57 58 WHEREAS, it would establish an informal review period, at Section 3.35.040 (D); and 59 60 WHEREAS, it would add language to establish clear deadlines for appealing Board of 61 Equalization decisions to the Alaska Superior Court, at Section 3.35.050 (F); and 62 63 WHEREAS, it would establish the date by which the annual assessment roll must be 64 certified, at Section 3.35.060A. 65 66 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 67 BOROUGH THAT: 68 69 Section 1: This ordinance is of a general and permanent nature and shall become a part 70 of the Kodiak Island Borough Code of Ordinances; and 71 72 Section 2: That the list of sections set forth at Title 3 Revenue and Finance, Chapter 73 3.35 Real Property Tax, is hereby amended as follows: 74 75 Chapter 3.35 76 REAL PROPERTY TAX 77 Sections: 78 3.35.010 State law adopted.(NO CHANGES) 79 3.35.020 Property subject to tax. 80 3.35.030 Definitions Real and personal property exempted from taxation. 81 3.35.040 Method of assessment. 82 3.35.050 Board of equalization. 83 3.35.060 -Final and supplemental assessment rolls. 84 3.35.070 Addresses — Responsibility of persons subject to taxation. 86 3.35.085 Method of determining the assessed value of property that qualifies for a low- 87 income housing tax credit under 26 USC 42. NO CHANGES 88 3.35.090 Property tax billing. NO CHANGES 89 3.35.100 Correction of errors: Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Pana 2 of 25 90 3.35.110 City taxes. NO CHANGES 91 3.35.120 Tax due dates and delinquency. NO CHANGES 92 3.35.130 Exceptions. NO CHANGES 93 3.35.140 Late payments — Penalty and interest.NO CHANGES 94 3.35.150 Enforcement of tax liens on real property.NO CHANGES 95 3.35.160 Preparation of the foreclosure list. NO CHANGES 96 3.35.170 Publication of the foreclosure list. NO CHANGES 97 3.35.180 Notice of foreclosure proceeding. NO CHANGES 98 3.35.190 Clearing delinquencies before sale. NO CHANGES 99 3.35.200 Notice of foreclosure list to lien holder.NO CHANGES 100 3.35.210 Apportionment of costs. NO CHANGES 101 3.35.220 Enforcement by personal action. NO CHANGES 102 3.35.230 Foreclosure proceedings. NO CHANGES 103 3.35.240 Effect of redemption.NO CHANGES 104 3.35.250 Notice of expiration of redemption.NO CHANGES 105 3.35.260 Deed to borough.NO CHANGES 106 107 Section 3: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 108 3.35.020, is hereby amended as follows 109 110 3.35.020 Property subject to tax. 111 All r at and personal property within the borough and not oxpreocly exempted by the 112 borough through ordinance shall be subject to annual taxation at a rate not to exceed three 113 percent of its full and true value in money as ascesced on the first day of January of the 114 assessment y ar, the tax to be used for borough purposes and for such other purposes as 115 are or may be authorized. 116 A. All real and personal property situated within the borough that is not exempt 117 under the laws of the State of Alaska, the Alaska Constitution, or the ordinances 118 of this borough, is subject to taxation at a rate not to exceed three percent of its 119 full and true value in money as assessed on the first day of January of the 120 assessment year. 121 1. There is no limitation on taxes to pay bonds. 122 B. A private leasehold, contract, preferential use agreement, or other interest in any 123 real or personal property that is exempt from taxation pursuant to state or federal 124 law, or for any other reason, remains taxable to the extent of the private interest. 125 (AS 29.45.030(A)). 126 C. The following definitions shall apply to this section unless otherwise expressly 127 indicated: 128 1. "Personal property" includes all property, whether corporeal meal or 129 incorporeal incorporate r al, that is not specifically included in this section's 130 definition of "real property", and includes mobile homes, trailers, house 131 trailers, trailer coaches, and camper trailers, so long as they are not attached 132 to the land or connected to water, gas, electric, or sewage facilities, and are 133 not registered with the State of Alaska Department of Motor Vehicles as rolling 134 stock. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes S of 25 135 2. "Real property" includes not only the land itself, whether laid out in lots or 136 otherwise, but also all buildings, structures, improvements, fixtures of any 137 kind thereon, and also any possessory rights and privileges belonging to or in 138 any way appertaining thereto. and the word "tract" includes all lands, pieces, 139 or parcels of land which may be separately assessed, together with fixtures 140 and improvements thereon. "Real property" also includes mobile homes, 141 trailers, house trailers, double-wide-type mobile or modular homes, trailer 142 coaches and similar property, which are used or intended to be used for 143 residential, office, or commercial purposes, and are attached to the land or 144 connected to water, gas, electric, or sewage facilities, except for those mobile 145 homes and house trailers which are held for sale by persons engaged in the 146 business of selling mobile homes. 147 148 Section 4: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 149 I 3.35.030 Definition; is hereby amended as follows: 150 151 3.35.030 Definitions Real and personal property exempted from taxation. 152 - e - - -e- e _ e - , -- -- - - •e ee - - 153 ' 154 156 "Real property" includes not only the land itself, whether laid out in lots or otherwise, but also 157 - •- - • • - ' - - e 158 .- - - - - • - . .. 159 word "tract" includes all lands, picces, or parcels of land which may be separately assessed, 162 and similar proporty, used or intended to be used for residential, office, or commercial 163 •• •- - - - -- , •-- 164 166 A. The following described properties shall be exempt from any and all taxation 167 otherwise imposed under the foregoing sections: 168 1. All real and personal property belonging to the United States of America, the 169 State of Alaska, the borough, the City of Kodiak, or any other incorporated city 170 lying and being within the boundaries of the borough, and except for property 171 acquired through foreclosure or by deed in lieu of foreclosure. However, a 172 private leasehold interest in otherwise exempt properties that is created by 173 lease, loan, contract, preferential use agreement or otherwise, and is made 174 available to and used by a private person or private enterprise, shall be taxable 175 to the extent of that interest pursuant to AS 29.45.030(a)(1)(A) and KIB 176 3.25.020. 177 2. Real property or an interest in real property that is exempt from taxation under 178 43 U.S.C. 1620(d) (ANCSA). Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes of 25 179 3. All property used exclusively for nonprofit religious, charitable, cemetery, 180 hospital, or educational_purposes (classroom space only), is exempt from 181 taxation for the calendar year in which application is timely filed if the 182 assessor determines that the application demonstrates the property qualifies 183 for exemption as provided by Alaska Statutes 29.45.030. Property used for 184 religious purposes includes the residence of a bishop, pastor, priest, rabbi, 185 minister, or religious order of a recognized religious organization and to 186 further include all other improved property of such organization not used for 187 business, rent, or profit. Property of any religious, educational, or charitable 188 organization from which the organization derives any rentals or profits shall 189 not be exempt. Unimproved or vacant real property of any such organization 190 which is not currently used for religious, hospital, educational, cemetery, or 191 charitable purposes shall be deemed to be property held or used for profit, 192 unless by deed restriction or otherwise the real property has been effectually 193 dedicated to future use for religious, educational, or charitable purposes only 194 and cannot be sold or used for any other purposes. Any vacant land which 195 initially qualifies for an exemption under this section, and for which an 196 application is filed, but is not placed in use within two years of January 1 of the 197 first tax year, shall be subject to taxation in each tax year, retroactive to the 198 first tax year for which the exemption was granted. 199 a. To qualify for an exemption under paragraph 3, the applicant organization 200 shall provide the following information to the assessor or designee to 201 support a determination of exempt status: 202 i. The articles of incorporation. 203 ii. Documentation to support the organization's not-for-profit status (e.g., 204 IRS § 501(c)(3) determination letter, or equivalent). 205 iii. A description of the property's use, demonstrating its consistency with 206 the requested exemption. 207 iv. Contracts of any type that describe or memorialize the use of the 208 property by a person or entity other than the applicant organization. 209 v. A description of any remuneration received by the applicant 210 organization including: 211 1. Any property, or portion of property, from which rentals or income 212 are derived. 213 2. Actual operating expenses, excluding debt service or depreciation. 214 3. Where property is leased by the organization to other entities, 215 financial statements for the past tax year, including income and 216 expense reports, and a description of any debt service or 217 depreciation reported in the financial statements for the property. 218 vi. For property used for an educational purpose, a description of course 219 curriculum and classroom space. 220 vii. For property used as a religious residence, a description of the 221 resident's ordination, commission, or license (according to the 222 standards of the religious organization), and proof of the resident's 223 employment by the religious organization as its spiritual leader. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 5 of 9S 224 b. The borough assessor may request additional information prior to making 225 a determination, as reasonably necessary to determine the exempt status 226 of a property in accordance with borough code and regulations and state 227 law. 228 4. Any vacant land which initially qualifies for an exemption under this section, 229 but which is not placed in use within two years from January 1 of the first tax 230 year, for which an application is filed, shall be subject to taxation in each tax 231 year, retroactive to the first tax year for which the exemption was granted. 232 a. No single organization shall receive more than two exempt vacant parcels, 233 and the exemption for any one parcel shall not exceed the average 234 assessed value of a single, similarly zoned property, as determined by the 235 assessor on an annual basis. 236 5. The property of any organization which is not organized for business purposes 237 and whose membership is composed entirely of veterans of any wars of the 238 United States, as recognized and chartered by the Congress of the United 239 States, and the property of the auxiliary of any such organization. Property of 240 any such veteran's organization or auxiliary from which the organization 241 derives any rentals or profits shall not be exempt. 242 6. As described in AS 29.45.030(e), the first $150,000 of assessed value of the real 243 property owned and occupied as the primary residence and permanent place 244 of abode by: 245 a. A resident 65 years of age or older; 246 b. A disabled veteran or; 247 c. A resident at least 60 years old who is the widow or widower of a person 248 who has previously qualified for an exemption for the same residence 249 under a or b of this subsection, and who jointly owned or occupied the 250 residence with the requestor. 251 7. Definitions. For purposes of section 3.35.030(A)(6) only, the following words 252 are defined as: 253 Primary residence and permanent place of abode shall mean a dwelling which 254 is owned by and in which the person resides at least 185 days in the year prior 255 to the exemption year and when absent, the dwelling is not leased or rented to 256 another. 257 Resident shall mean a person who has a fixed habitation in the Kodiak Island 258 Borough for at least 185 days per calendar year, and when absent, intends to 259 I return to the borough_and does not claim residency outside the borough or 260 claim a resident exemption in another state or country, or other borough of 261 Alaska or take action or is absent under circumstances inconsistent with the 262 intent to remain and make a home indefinitely in the borough. 263 Disabled veteran shall mean a disabled person separated from the military 264 service of the United States under a condition that is not dishonorable who is a 265 resident of the state, whose disability was incurred or aggravated in the line of 266 duty in the military service of the United States, and whose disability has been 267 rated as fifty (50) percent or more by the branch of service in which that 268 person served or by the United States Department of Veterans Affairs. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes R of 2c 269 Widow or widower shall mean the surviving un-remarried spouse. 270 I B. To be eligible for any exemption set forth in AS 29.45.030(e), the individual 271 applying for the exemption must also meet at least one of the two following 272 requirements: 273 1. The individual shall be eligible for a permanent fund dividend under AS 274 43.23.005 for the year for which an exemption is requested; or 275 2. If the individual has not applied or does not apply for the permanent fund 276 dividend, the individual would have been eligible for the permanent fund 277 dividend for that same year had the individual applied. To meet this 278 requirement, the applicant must provide adequate documentation to the 279 assessor that they meet this qualification based on the requirements of AS 280 43.23.005. 281 C. Only one exemption may be granted for the same property. If two or more persons 282 are eligible for an exemption under this subsection in regard to the same property, 283 then the parties shall decide between or among themselves who is to receive the 284 benefit of the exemption. 285 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 286 29.45.030(e) by January 15th of the assessment year for which the exemption is 287 sought, the borough assessor for good cause shown may waive the claimant's 288 failure to make timely application for the exemption for that year and shall accept 289 the application, as if timely filed, subject to the provisions contained in AS 290 29.45.030(e). 291 1. A waiver may only be granted for the year in which an application is filed and 292 for the year immediately prior. Assessor's rulings under this provision may be 293 appealed to the borough assembly which for good cause shown may waive an 294 applicant's failure to file timely and may direct the assessor to accept the 295 application as if timely filed subject to the provisions contained in AS 296 29.45.030(e) and this subsection D. 297 E. Applications for exemptions. The borough assessor shall grant or deny all 298 applications for exemptions, except for community purpose exemptions, which 299 must be granted by the borough assembly. 300 1. Strict enforcement of deadlines to file an exemption application and annual 301 certification. 302 a. Properties qualifying for an exemption under this section must be owned 303 and in use on January 1 of the applicable tax year. There shall be no 304 proration of taxes under this section. 305 b. Written application for real property exemptions under this section, 306 including any required supporting documentation, must be received by 307 the assessor no later than January 15 of the tax year in which the 308 exemption is requested. 309 c. Once an exemption has been approved, the assessor will review the 310 subject property's exempt status annually, and may require the exempt 311 party to provide annual certification that the exempt use of the property 312 remains consistent with the use described and approved in the original 313 application. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 7 of 2F 314 d. Reapplication for the exemption shall be required upon any change in the 315 ownership or use of the property, and shall meet the deadlines prescribed 316 under this chapter. 317 e. The deadline for filing an application for exemption, filing a reapplication 318 if necessary, requesting an administrative review from the assessor, and 319 filing an appeal to court, shall be strictly enforced and shall not be waived 320 except as provided by section 3.35.030(E)(1)(b). 321 f. If the assessor determines that a property is not eligible for an exemption, 322 all taxes, penalty, and interest due for all tax years, beginning with the 323 first year that the property should have been subject to taxation, shall 324 become due and owing. 325 g. No exemption shall be available under this section if, by the 326 determination of the assessor, the subject property has been conveyed to 327 the applicant for the primary purpose of obtaining the exemption. 328 F. The private interests, other than fee simple record ownership, in real property of 329 an individual residing in the property if the property has been developed, 330 improved, or acquired with federal funds for the provision of low-income housing, 331 and is owned or managed as low-income housing by either the Alaska State 332 Housing Authority pursuant to AS 18.55.100-960 or a regional housing authority 333 formed under AS 18.55.996. This section does not prohibit the borough from 334 continuing to receive payments in lieu of taxes authorized under federal law. This 335 section applies only to those low-income housing units in existence prior to 336 January 1, 1989, hence, any new projects, real property acquisitions, and 337 additions to the existing properties after January 1, 1989, shall require an 338 ordinance of the assembly prior to the granting of an exemption under this 339 section; 340 G. Judicial Review of the assessor's denial of an exemption under AS 29.45.030. 341 1. Only the owner of record may appeal a decision by the assessor to deny an 342 exemption under this section, and must be made to the Superior Court, Third 343 Judicial District, Alaska. 344 2. An appeal of the Assessor's denial of an application for exemption under this 345 code must be filed within 30 days of the assessor's denial. 346 3. For purposes of computing time, the date that the assessor's written denial 347 was mailed shall be deemed the date of the denial. 348 H. The property of an organization not organized for business or profit-making 349 purposes which is used exclusively for community purpose activities, may be 350 exempted from taxation by the borough assembly under this section. In order to 351 qualify for a community purpose exemption: 352 1. The property must be dedicated for use by the general public, must provide a 353 benefit to the community as a whole, and any income derived from rental of 354 the property must not exceed the actual cost to the owner of the use by the 355 renter. 356 2. Any entity requesting a community purpose property tax exemption pursuant 357 to this chapter must include with its initial application certified copies of its 358 most recent Return of Organization Exempt from Income Tax Return (Form Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes R of PF 359 990) and Federal Unrelated Business Income Tax Return (Form 990T, or any 360 other equivalent forms that may be adopted by the federal government). If a tax 361 exemption is granted to the applicant organization, it must thereafter submit to 362 the borough, within 30 days of the required filing date with the Internal 363 Revenue Service, exact copies of its Return of Organization Exempt from 364 Income Tax Return (Form 990) and Federal Unrelated Business Income Tax 365 Return (Form 990T). 366 3. The borough assembly may by ordinance grant tax exemptions for community 367 purpose property if the application meets state law requirements (AS 368 29.45.050(b)(1)(A)) and the assembly determines that there is a direct and 369 substantial benefit to the borough from the applicant's property use. The 370 assembly, in determining whether to grant an exemption and the amount of 371 exemption to be granted, may consider various factors including, but not 372 limited to, whether: 373 a. The property is open to public use regardless of sex, race, creed, color, or 374 national origin. 375 b. The applicant organization is qualified as an exempt organization under 376 Section 501(c)(3) of the Internal Revenue Code, as amended from time to 377 time. 378 c. No part of the net earnings of the applicant inures to the benefit of any 379 private entity or individual. 380 d. There is no evidence of a dominant financial motive such as excessive 381 charges, excessive employee compensation, or income that exceeds 382 operating expenses and any rental income does not exceed the actual cost 383 to the owner of the use by the renter. 384 e. There is no evidence that the property is being used to financially benefit 385 any officer, trustee, director, shareholder, member, or contributor, of the 386 applicant. 387 f. The property is used for the actual operation of the community activity and 388 does not exceed an amount of property reasonably necessary for the 389 accomplishment of the community activity. 390 g. The fees and charges for the use of such property and facilities thereon do 391 not effectively deny to a significant portion of the borough the privileges 392 and benefits provided by such property. 393 h. The applicant organization is governed by a volunteer board of directors. 394 i. Whether and to what extent a tax exemption is necessary to provide the 395 community benefit. 396 j. The organization's property is used exclusively for community purposes. 397 k. The existence of substantially similar community benefits through other 398 public or private entities; and 399 I. The degree to which the organization's use of the property impacts the 400 quality of life of borough residents. 401 4. The assessor shall act as the administrator for community purpose exemption 402 applications gathering the necessary information and making 403 recommendations to the assembly. Also, the assessor may periodically require Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes Q of 25 404 such information as is reasonably necessary to determine the character of the 405 organization and the nature of uses made for the continuation of the 406 exemption provided in this section. This includes, but is not limited to: 407 a. The applicant organization's certificate of incorporation. 408 b. Documentation to support the organization's not-for-profit status (i.e., IRS § 409 501(c)(3) determination letter, or equivalent). 410 c. A description of the use of the property and consistency with the requested 411 exemption. 412 d. Contracts of any type that describe or memorialize use of the property by a 413 person or entity other than the applicant organization. 414 e. A description of any remuneration received by the applicant organization 415 including: 416 i. Any property, or portion of property, from which rentals or income are 417 derived. 418 ii. Actual operating expenses, excluding only debt service or 419 depreciation. 420 iii. Financial statements for the past tax year including a copy of Form 990 421 as filed with the IRS, income and expense reports, and description of 422 any debt service or depreciation included in the financial statements 423 for the property. 424 5. Under this subsection, there shall be no proration of taxes for exemptions. 425 Properties qualifying for an exemption shall be in use under the exempt 426 purpose as of January 1 of the year for which the exemption is granted. 427 6. The borough assessor may request additional information prior to the 428 determination, as reasonably necessary to determine the exempt status of a 429 property in accordance with Borough Code and regulations and Alaska law. 430 7. Administrative review of denial for continuation of a community purpose 431 exemption by the assessor. 432 a. If the assessor denies an application for the continuance of an exemption 433 under this section, the assessor shall state the reason for the denial in a 434 written notice to the owner of record. 435 b. A denial by the assessor under this section may be appealed to the 436 borough assembly by means of a written request from the owner of 437 record, which must be received by the borough clerk no later than 30 days 438 after the date of denial. 439 c. Only an owner of record may request the administrative review of the 440 assessor's decision to deny the continuance of an exemption. 441 d. For the purposes of computing time for the purposes of an appeal under 442 this section, the date that the assessor's written notice of denial shall be 443 deemed the date of the denial. The date of receipt by the borough clerk 444 shall be the date of the request for administrative review. 445 e. As this is an optional exemption pursuant to AS 29.45.050, the borough 446 assembly shall have the final determination of granting a continuance of 447 the exemption. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes i n of 2.c 448 8. The property owned by the following organizations shall be exempt from real 449 and personal property taxation under this section: 450 a. The Kodiak Island Sportsman's Association; 451 b. The Kodiak Senior Center; 452 c. The Kodiak State Fairgrounds; 453 d. The Kodiak Jaycees; 454 e. The Kodiak Chamber of Commerce; and 455 f. The Kodiak Island Convention and Visitors Bureau 456 457 Section 5: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 458 3.35.040, Method of assessment, is hereby amended as follows: 459 460 3.35.040 Method of assessment. 461 A. All taxable property must be assessed at its just and fair full and true value as of the 462 first day of January of the assessment year. All accesements shall be equal and uniform 463 and based upon the actual value of the property accessed. The assessor shall complete 464 . . ._ 465 -e ee - ' .. - •- es e. - -- - - - - - .._. z. . .- 466 listing of all taxable property may be made upon permanent separate lodger cards, 467 which will be the combined anscccment roll and tax ledger.The full and true value is 468 the estimated price that the property would bring in an open market sale between 469 a willing seller and a willing buyer both conversant with the property, under the 470 then-prevailing market conditions and with prevailing general price levels. The 471 assessor shall strive to make all assessments fair and equitable. Taxable interests 472 in otherwise non-taxable property, both real and personal, shall be taxed based on 473 the lessee's possessory interest in the property. 474 1. Real property shall be assessed to the owner of record as shown on the records of 475 the Kodiak district recorder; provided, however, that any other person having an 476 interest in the property may be listed on the assessment records with the owner. The 477 person in whose name any property is listed as owner thereof shall be conclusively 478 presumed to be the legal owner of record for tax purposes. If the owner of the land is 479 unknown, such land may be assessed to the unknown owner or unknown owners. 480 No assessment shall be invalidated by a mistake, omission, or error in the matter of 48 t the owner of real property assessed, if the property is correctly described. It shall be 482 the responsibility of the owners of the property to keep the assessor properly 483 informed as to their current address and no assessment shall be invalidated on the 484 basis of improper notice if it is shown that a the notice of value that taxes are due 485 and payable has been sent to the last known address of the owner of record. 486 2. Personal property shall be assessed to the last reported owner of record as 487 contained in borough records. No assessment shall be invalidated by a 488 mistake or omission or error regarding ownership of personal property. It is 489 the responsibility of the owners of personal property to keep the assessor 490 properly informed as to the current status of their business, whether active or 491 inactive and their current mailing address. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 11 of 2S 492 3. The assessor may list real property located in any subdivision by lot and block or 493 tract description, by unsubdivided property according to the land office, by section 494 and township survey description, or by giving the boundaries thereof, or by reference 495 to the book and page of the records of the Kodiak district recorder where the 496 description may be found, by designation of tax lot number referring to a public 497 record kept by the assessor of descriptions of real property, or in such other manner 498 as to cause the description to be capable of being made certain. Initial letter, 499 abbreviations, fractions, and exponents to designate the township, range, section or 500 part of a section, or the number of any lot or block or part thereof, or any distance, 501 course, bearing, or direction may be employed in any such description of real 502 property. 503 4. A private interest in public property is taxable. When any real or personal 504 property which would otherwise be exempt from taxation because of 505 ownership or control by a federal, state, or municipal government, or by some 506 other tax exempt entity is leased, loaned, or otherwise made available to and 507 used by a private person, such person's interest therein shall be taxed in the 508 same manner as taxes assessed to owners of real property, except that taxes 509 assessed under this subsection shall be a lien only on the interest in the 510 property of such person. Private leaseholds, contracts or other interest in land, 511 or property owned or held by the United States, the state, or other political 512 subdivisions and other tax exempt entities shall be taxable to the extent of the 513 value of the possessory interest. 514 5. The assessor, either personally, or through any designated assistant, shall, after 515 identifying themselves, have the right to enter upon and inspect the premises of any 516 person at reasonable times for the purpose of making an examination, evaluation or 517 assessment of the real property. The assessor or the assessor's agent shall have 518 access to and may examine all property records relevant to its valuation, including 519 but not limited to income and expense statements, rent rolls, leases, pertinent 520 income tax forms, and sale closing documents. and-aAny person shall, upon 521 request, furnish to the assessor or designated assistant every facility and assistance 522 for the purpose of such examination, evaluation, or assessment. 523 6. The borough shall keep confidential all proprietary records received by the 524 assessor's office, for which there exists a reasonable expectation of 525 confidentiality, shall be confidential. Such records may include tax returns, 526 rent rolls, income and expense statements, sales and finance information, and 527 other financial information that is not readily accessible by some other means. 528 B. Contents of Assessment Roll. The assessor shall complete the listing of the annual 529 assessment roll of all real and personal property within the corporate limits of the 530 borough before the last day of February of that assessment year. The assessor 531 shall prepare an annual assessment roll in duplicato upon which shall be entered the 532 following particulars: 533 1. The names and last known addresses of all persons with property liable to 534 assessment and taxation; 535 2. A description of all taxable property; and 536 3. The assessed value, e --• • , e _ •_ • _ of all taxable property. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 12 of 2..c 537 C. Notice, Publication, and Correction of Assessment Roll. 538 1. The assessor shall give to every person named in the assessment roll a notice of 539 assessment showing the assessed value of their property. On the back f , , h 540 assessment notice shall be printed a brief summary of the information for the 541 taxpayer; of the dates when the taxes are payable, delinquent and subject to interest 542 and penalty; final dates for appeal of the assessment to the board of 543 equalization; dates when the board will sit for equalization purposes; and any other 544 particulars specified by the borough assembly. The assessment notice shall be 545 directed to the person to whom it is to be given and shall be sufficiently given if it is 546 mailed by first-class mail addressed to, or is delivered at, the address as last known 547 by the assessor. If the address is not known to the assessor, the notice may be 548 addressed to the person at the post office nearest to the place where the property is 549 situated. The date on which the notice is mailed rord d shall be deemed to be 550 the date on which the notice is given for purposes of this chapter. 551 2. When valuation notices have been mailed, the assessor shall cause notice that the 552 assessment rolls have been completed to be published in a newspaper of general 553 circulation, published in the borough at least once each week for two successive 554 weeks. If no newspaper of general circulation is published in the borough, the 555 assessor shall have the notice posted at two public places for a period of two weeks. 556 The notice shall state when and where the equalization hearings will be held. 557 3. The assessor may correct an error or supply an omission in the assessment roll at 558 any time before the sitting of the board of equalization. Every percon receiving a 559 . . 560 - -• . •• . It shall be the duty of every person who receives a 561 notice of assessment to advise the borough assessor of any error or omission 562 in the assessment of the person's property, so that the borough assessor may 563 correct any errors in the assessment roll. 564 4. Period of review. The borough assessor or designees may perform reviews of 565 assessed values within thirty days of the date that assessment notices have 566 been mailed. 567 a. A property owner may appeal an assessment of their property to the 568 assessor or designees and upon providing credible information or upon a 569 more in depth inspection and analysis of the property at the owner's 570 request the assessor may adjust the assessment appropriately if found to 571 be in error. 572 b. The property owner may appeal the assessor's valuation to the Board of 573 Equalization, using forms provided by the Borough, within the original 574 thirty day time frame from the mailing of the original notice. The assessor 575 review will not suspend or delay the final date of written appeal to the 576 Board of Equalization. 577 578 Section 6: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 579 3.35.050, Board of equalization, is hereby amended as follows: 580 581 3.35.050 Board of equalization. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 1'R of 2F 582 A. Membership, Qualification, Duties, Terms. 583 1. Members. The board of equalization shall be composed of five persons, not 584 assembly members, appointed by the assembly. At least one alternate member shall 585 be appointed. 586 2. Qualifications. Members and alternate members should be appointed on the basis of 587 their expertise in real and personal property appraisal, the real estate market, the 588 personal property market, and other fields related to their functions as board 589 members. Each member shall be a qualified voter of the borough and shall remain a 590 resident of the borough while in office. Borough employees may be appointed to 591 serve on the board of equalization unless they are employed by the finance or 592 assessing departments. 593 3. Duties. The board may determine equalizations on properties brought before the 594 board by appellants. It shall only hear appeals for relief from an alleged error in 595 valuation on properties before the board by an appellant. 596 4. Terms of Office. Upon confirmation, members and alternate members shall serve for 597 three years or until their successors are appointed and confirmed. Of the members 598 initially appointed, two shall serve three-year terms, two shall serve two-year terms, 599 and one shall serve a one-year term. 600 5. Hearing Dates. The board shall commence hearings on the first Monday in May, 601 unless otherwise changed by resolution. Hearings will continue from day to day as 602 established by the board and the borough clerk until all properly filed appeals have 603 been heard. 604 B. Chairperson. The board annually shall elect a member to serve as its chairperson. The 605 chairperson may call meetings of the board, shall exercise such control over meetings 606 as to ensure the fair and orderly resolution of appeals, shall make rulings on the 607 admissibility of evidence, and shall conduct the proceedings of the board in conformity 608 with this chapter. A vice-chairperson shall also be selected to serve in the chairperson's 609 absence. If both are absent, the members present shall select a person to preside. 610 C. Appeals to the Board. 611 1. A person whose name appears on the assessment roll, or the authorized 612 representative of that person, may appeal to the board for relief for an alleged error 613 in valuation not adjusted by the assessor to the taxpayer's satisfaction. The 614 authorized representative shall be named by the property owner in writing to the 615 assessor and board of equalization at the time of filing or no later than three days in 616 advance of hearing. The time requirement for providing a representative in writing 617 may be waived at the determination of the board during the hearing, if good cause is 618 shown that may include, but not limited to, the following: stranded from Kodiak due to 619 inclement weather, serious medical condition, serious family emergency, or death in 620 the family. 621 2. The appellant shall, within 30 calendar days after the date of mailing of notice of 622 assessment, submit to the assessor a written appeal specifying grounds for such 623 appeal. The board shall prescribe the form in which written notices of appeal shall be 624 made. Otherwise, the right of appeal ceases unless the board of equalization finds 625 that the taxpayer was unable to comply within the 30-day appeal period and grants a 626 hearing to the appellant. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 1 d of 2F 627 3. The assessor shall notify the appellant by mail, and email if provided, of the time and 628 place for the hearing and assign a docket number of appeal. 629 4. If parties to whom notice was mailed as provided herein fail to appear, the board may 630 proceed with the hearing in their absence. All parties, their authorized 631 representatives, and witnesses must appear in person at the hearing. 632 5. The assessor shall prepare for use by the board of equalization a summary of 633 assessment data relating to each assessment that is appealed. This summary shall 634 be provided to the board and made available to the appellant at least 10 calendar 635 days before the hearing. Summary of assessment data for late-filed appeals granted 636 by the board will be provided as soon as practicable. 637 6. A city in the borough may appeal an assessment to the borough board of 638 equalization in the same manner as a taxpayer. Within five days after receipt of the 639 appeal, the assessor shall notify the person whose property assessment is being 640 appealed by the city. 641 7. A property owner who seeks to appeal the assessor's valuation, after the 30-day 642 filing period has closed, shall file a letter with the assessor stating the reasons why 643 the property owner was unable to comply with the 30-day appeal period. The 644 deadline to file a late-file request is on April 15th of the current assessment year. 645 Should April 15th fall on a Saturday or Sunday, late filers shall have until 4:30 p.m. 646 on the first Monday following to file their request. 647 648 On the next business day following the deadline to file a late-file request or as soon 649 as is practicable, the board shall consider each letter and shall only consider reasons 650 the appellant was unable to comply with the 30-day appeal period. It shall not 651 consider evidence regarding property valuation. The appellant may not make an oral 652 presentation at the hearing. The determination shall be based on the letter and 653 supporting documents. The board shall interpret the term "unable to comply" as 654 meaning that a property owner must demonstrate compelling reasons or 655 circumstances which would prevent a reasonable person under the circumstances 656 from filing an appeal in a timely manner during the 30-day appeal period. 657 658 If the late-file request is granted, the property owner shall have five calendar days 659 from the decision of the board to file an appeal and submit to the assessor's office all 660 documentary evidence in their possession which they wish to be considered and 661 which is relevant to the resolution of the appeal. If the late-file request is denied, the 662 assessor shall notify the property owner of the board's decision in writing. 663 D. Quorum and Voting. 664 1. Quorum. A quorum shall consist of four members. 665 2. Voting. The granting of any appeal or part thereof shall require the concurring vote of 666 at least three board members. Any appeal or part thereof which is not granted by the 667 board shall be considered denied. 668 E. Hearings, Procedures. 669 1. Record. The clerk is the ex officio clerk of the board and shall prepare the board's 670 minutes. The clerk shall keep electronic recordings of the board's hearings per the Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Pane I S of 2S 671 borough retention schedule. The board of equalization summary certification will 672 constitute the board's minutes. 673 2. Counsel. All parties may be represented by counsel during hearings before the 674 board. On procedural matters, the borough attorney may offer legal counsel to the 675 board in the course of its proceedings. Upon the recommendation of the borough 676 attorney, the board may retain legal counsel from another attorney for a particular 677 matter. 678 3. Appeal Number. Every appeal shall be assigned a docket number which, along with 679 the name of the appellant, shall be read into the record before the hearings on the 680 appeal may commence. 681 4. Burden of Proof. The burden of proof rests with the appellant, who must convince the 682 board by clear and convincing evidence that the assessment was unequal, 683 excessive, improper, or undervalued based on the facts stated in a written appeal or 684 proven at the appeal hearing in accordance with subsections (E)(5) and (7) of this 685 section. If the valuation is found to be too low, the board may raise the assessment. 686 The borough shall make available to the appellant all reasonably pertinent 687 documents requested for presentation of the appeal, including but not limited to 688 documents presented or requested by the board of equalization for presentation of 689 the appeal in accordance with subsection (C)(5) of this section. 690 5. Rules of Evidence. Evidence shall only be presented by the appellant and the 691 assessor or their authorized representative. The board shall not be restricted by the 692 formal rules of evidence; however, the chairperson may exclude evidence irrelevant 693 to the issues appealed. Hearsay evidence may be considered, provided there are 694 adequate guarantees of its trustworthiness and that it is more probative on the point 695 for which it is offered than any other evidence which the proponent can procure by 696 reasonable efforts. The appellant must submit to the assessor's office by April 15th 697 all documentary evidence in their possession which they wish to be considered and 698 which is relevant to the resolution of the appeal. Should April 15th fall on a Saturday 699 or Sunday, appellants shall have until 4:30 p.m. on the first Monday following to 700 submit their evidence. 701 702 This evidence includes but is not limited to purchase and closing documents, 703 appraisal reports, brokers' opinion of value, engineers' reports, estimates to repair, 704 rent rolls, leases, and income and expense information. The board of equalization 705 may in its discretion decline to accept documents offered at the hearing which should 706 have been provided by April 15th. In exercising this discretion, the board shall 707 consider the relevance and probative value of the documents which are under 708 consideration, accepting those documents which in all fairness are necessary to a 709 fair resolution of the appeal. Prior to the board meeting, the appellant and assessor 710 may agree to an extension of time for the production of evidence. 711 6. Order of Presentation. The order of presentation is as follows: 712 a. The appellant shall present evidence and argument not to exceed five minutes. 713 b. Following the appellant, the assessor shall present the borough's evidence and 714 argument not to exceed five minutes. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 1R of PR 715 c. The appellant may make a rebuttal presentation directed solely to the issues 716 raised by the assessor not to exceed two minutes. 717 d. The assessor may address the rebuttal by the appellant not to exceed two 718 minutes. 719 Each party shall be allowed a total of five minutes to present evidence and make oral 720 argument. The time limits allotted include presentations from either the appellants or 721 assessor's authorized representatives, counsels, or witnesses. Additional time may 722 be permitted by the board depending on the complexity of the case. The members of 723 the board may ask questions, through the chairperson, of either the appellant or the 724 assessor, authorized representatives, counsels, or witnesses at any time during the 725 hearing. After both the appellant and the assessor have made their presentations, 726 each may question the other through the chairperson. The chairperson may end the 727 questioning and call for a motion from the other members. 728 7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may offer 729 the oral testimony of witnesses and documentary evidence during the hearing. At the 730 request of the appellant, evidence submitted pursuant to subsection (E)(5) of this 731 section relating to the assessed valuation of property used in an income-producing 732 commercial enterprise shall be confidential. The assessor and the appellant may 733 stipulate to facts to be presented to the board, provided the assessor has received 734 credible and reliable evidence to establish the facts. 735 736 The only exhibits that shall be admitted into the record at the hearing are those 737 exhibits provided pursuant to subsection (E)(5) of this section. However, at the 738 hearing, parties may use demonstrative or illustrative exhibits; provided, that all such 739 exhibits are duplicates of exhibits or information provided to the board pursuant to 740 subsection (E)(5) of this section. Additionally, witnesses may write on a board while 741 orally testifying to illustrate their testimony. The limitation on the use of exhibits in this 742 section shall not preclude the parties from presenting oral testimony at the hearing. 743 8. Decisions. 744 a. The assessor may recommend changes to the existing value during the hearing. 745 b. After the appellant and assessor have presented their cases, the hearing shall be 746 closed by the chairperson, and no further evidence shall be offered or considered 747 in deliberations unless a member of the board of equalization asks for additional 748 information from either party. Both parties shall be given an equal opportunity to 749 respond to any such requests for additional information. 750 c. The board may decide the appeal after the presentations, or it may defer a 751 decision no later than 30 days after the hearing date. Final board action shall be 752 taken by motions that set out specific findings of fact at the meeting and shall not 753 be reconsidered, amended, or rescinded by the board. Only one motion may be 754 on the floor at a time, and the board shall vote on the motions until its findings 755 are established. The vote must be taken and entered in the permanent record of 756 the proceedings. The motions available for the board are: 757 i. Motion to uphold the assessor's valuation. 758 ii. Motion to reduce the assessment. 759 iii. Motion to increase the assessment. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 17 of 2R 760 iv. Motion to dismiss the appeal. 761 v. Motion to defer the decision. 762 vi. Or any other motion set out in Alaska Statutes and regulations governing 763 board of equalization appeals. 764 d. No later than 30 days following the hearing, the board shall render a written 765 decision which includes findings of fact based on evidence presented at the 766 hearing clearly stating the grounds upon which the panel relied to reach its 767 decision and advising all parties of their right to appeal the decision to superior 768 court. 769 9. Certification. The board shall certify its actions to the assessor within seven days 770 following its adjournment. 771 F. Further Appeals. Any appeal of a decision of the board shall be made to the superior 772 court. No appeal of a board's decision to the superior court may be taken unless the 773 action is filed and the borough attorney is served with notice of such appeal within thirty 774 days following the board's written decision. 775 776 777 Section 7: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 778 3.35.060, Final and supplemental assessment rolls, is hereby amended as 779 follows: 780 781 782 3.35.060 Final and supplemental assessment rolls. 783 A. "°A r�� the–heari^g Within fifteen days after the board of equalization certifies its 784 actions, the assessor shall, at the time fixed by the assembly, complete and certify the 785 annual assessment roll. The assessment roll shall be based on values as of January 1st 786 -pre immed'�f� eeding of the assessment year. 787 B. All taxes levied or collected shall be calculated, levied, and collected upon the assessed 788 values entered in the assessment roll and certified by the assessor as correct, subject to 789 the taxpayer's rights of appeal, and to the corrections and amendments made in the 790 rolls, including any court-ordered amendments. These assessed values shall be 791 valid and binding on all persons, notwithstanding any defect, error, omission, or 792 invalidity in the assessment roll or proceedings pertaining to the assessment roll. 793 All duties imposed on the acccccor with respect to the annual assessment roll and all 794 795 796 C. ._ - - - • - - - - - - - 797 - .. - •" 798 . 799 800 assessment roll or proceedings pertaining to the acsoccment roll. When the assessor 801 discovers that an omission has been made in either the real or personal property 802 rolls, the assessor shall include the property omitted from the assessment roll on 803 a supplementary roll. All procedures set forth in this chapter, or mandated by 804 state law, shall apply to the supplementary rolls. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 1R of PS 805 D. When the final assessment records are completed by the assessor, the assessor shall 806 deliver to the assembly a statement of the total assessed valuation of all real property in 807 the borough. The assembly shall then fix the rate of tax levy and designate the number 808 of mills upon each dollar of value of assessed taxable real property that shall be levied 809 for borough purposes including the borough government, assessment, and collection of 810 taxes, education, and planning and zoning, and shall levy the tax accordingly. The levies 811 for school and municipal purposes shall be separately made and fixed, but the 812 aggregate of them shall not exceed three percent of the assessed value of the property 813 assessed. 814 E. At such time as the assessment function of property taxes has been accomplished, to 815 include the appeal process to the board of review, the assessor will furnish the borough 816 treasurer a copy of the certified assessment roll. 817 818 3.35.070 Addresses — Responsibility of persons subject to taxation. 819 It shall be the responsibility of every person who owns or controls real or personal property 820 subject to tax by the municipality to file with the office of the assessor the address where he 821 will receive notices, bills, or other correspondence regarding taxation. No person shall be 822 excused from paying taxes or penalties thereon for the reason that he did not receive a tax 823 notice, bill, or any other correspondence due to an improper mailing of assessment notice, 824 billings, or other correspondence. [Ord. 78-21-0 §4, 1978. Formerly §3.20.062]. 825 826 Section 8: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 827 3.35.085, Method of determining the assessed value of property that qualifies 828 for a low-income housing tax credit under 26 USC 42 is hereby amended as 829 follows: 830 831 3.35.085 Method of determining the assessed value of property that qualifies for a 832 low-income housing tax credit under 26 USC 42. 833 A. In accordance with AS 29.45.110(d)(1), the full and true value of all property within the 834 Kodiak Island Borough that first qualifies for low-income housing tax credit under 26 835 USC 42 before January 1, 2001, shall be based on the actual income derived from the 836 property and may not be adjusted based on the amount of any federal income tax credit 837 for the property. 838 B. Pursuant to AS 29.45.110(d)(2), the full and true value of all property within the Kodiak 839 Island Borough that first qualifies for a low-income housing credit under 26 USC 42 on or 840 after January 1, 2001, shall be exempt from the requirement that the value be based on 841 the actual income derived from the property. For property that first qualifies for a low- 842 income housing credit under 26 USC 42 on or after January 1, 2001, the assembly may 843 determine, by parcel, whether the property shall be assessed based on AS 29.45.110(a) 844 or on the basis of actual income derived from the property without adjustment based on 845 the amount of any federal income tax credit given for the property. Once the manner of 846 assessment of the property has been determined under this subsection, the assembly 847 may not change the manner of assessment of that parcel of property if debt relating to 848 the property incurred in conjunction with the property qualifying for the low-income 849 housing tax credit remains outstanding. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 1c1 of 7S 850 C. To secure an assessment based upon the actual income derived from the property under 851 this section, an owner of property that qualifies for the low-income housing tax credit 852 under 26 USC 42 shall apply to the assessor before May 15th of each year in which the 853 assessment is desired. The property owner shall submit an application on forms 854 prescribed by the assessor and shall include information that may reasonably be 855 required by the assessor to determine the entitlement of the applicant and to assess the 856 property under this subsection. All such applications shall be forwarded to the assembly 857 for determination, by resolution, of the manner of assessment. 858 859 3.35.090 Property tax billing. 860 The treasurer, upon receipt of the certified assessment roll and with the millage rate 861 established by the assembly, will cause to produce property tax bills for all property owners 862 of record. These tax bills will be mailed to the most recent address on file. 863 864 Section 9: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 865 3.35.080, Real and personal property exempted from taxation, is deleted, and 866 its contents incorporated into Section 3.35.030. 867 868 869 Section 10: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax, Section 870 3.35.100, Correction of errors, is hereby amended as follows: 871 872 3.35.100 Correction of errors. 873 A. Correction of Error in Billing of Penalty and Interest. When it is shown to the chief fiscal 874 officer that a taxpayer has been billed erroneously for tax, tax penalty, or interest 875 because of administrative error by the borough, the chief fiscal officer may adjust the tax 876 bill accordingly. 877 B. Correction of Errors in Assessment. When the assessor discovers an error or omission 878 879 ::..••o• . '-- _-- -- - : :-, 880 881 ,_ _ : _ •: _ : : The assessor 882 may correct errors or omissions in the roll before the board of equalization 883 hearing. No changes to the roll can be made once the board has certified their 884 actions except: 885 8. The assessor may correct a manifest clerical error in the assessment roll at 886 any time. A manifest clerical error is a typographical, computational, or other 887 similar error readily apparent from the assessment notice, tax statement or 888 other borough tax and assessment records and made by a borough employee 889 in the performance of typing, record keeping, filing or other similar duties. A 890 manifest clerical error does not require extrinsic evidence to make it clear. 891 9. The assessor may correct an omission of the roll as described in 3:35.60(C) at 892 any time. Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 9!)of PS 893 C. All rights provided by this chapter, including but not limited to rights to appeal and times 894 for making payments, shall be reserved to the person receiving a corrected assessment 895 or tax bill as of the time the new assessment or billing is mailed. 896 897 Section 11: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 898 I 3.40.010, Property subject to taxation is hereby amended as follows: 899 900 Chapter 3.40 901 PERSONAL PROPERTY TAX 902 Sections: 903 3.40.010 Property subject to taxation. 904 3.40.020 Exemptions. 905 3.40.030 Assessment return. 906 3.40.040 Tax situs of personal property. 907 3.40.050 Liability for and collection of. 908 3.40.060 Penalties and interest. 909 3.40.070 Classification of boats and vessels. NO CHANGE 910 3.40.080 Classification of aircraft. NO CHANGE 911 * For statutory provisions granting the power to assess and collect taxes, see AS 912 29.35.170; for provisions governing municipal assessment and taxation generally, 913 see AS 29.45. 914 Prior legislation: Code 1974 §§ 3.24.060, 3.24.070, 3.24.080 and 3.24.090 and Ords. 915 83-53-0, 84-25-0, 96-21 and 2007-16. 916 917 3.40.010 Property subject to taxation. 918 A. Except as otherwise provided in this chapter a Tangible personal property which has 919 with a tax situs within the borough is subject to taxation, except where otherwise 920 exempted by borough ordinance or state statute. Busincrc personal property io 921 taxable to the extent that a taxpayer's total assessed value for all business personal 922 - .--• • • •- -- .. .• - ee • .-z- .. t,III. Tangible Business personal 923 property includes all personal property including, but not limited to, furniture, furnishings, 924 fixtures, machinery, and-equipment used by a business, stock animals, watercraft, 925 aircraft, tools, dies, jigs, patterns and stock used in trade (including inventories, 926 supplies, materials in process, and other similar items) : '• . e. •- . 927 B. All private interests in personal property which is otherwise exempt due to 928 ownership by the federal government, state, borough, other state municipal 929 subdivision or other tax-exempt entity is taxable under this code to the extent of 930 that interest. 931 932 Section 12: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 933 13.40.02Q Exemptions, is hereby amended as follows: 934 935 3.40.020 Exemptions. 936 A. Individual personal property utilized solely and exclusively for personal, nonbusiness, 937 noncommercial, nonagricultural and nonincome producing uses or purposes is exempt Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 91 of 9F 938 from taxation under this chapter. This includes aircraft, boats and vessels used for 939 nonbusiness, nonagricultural, noncommercial and nonincome producing purposes. 940 B. A taxpayer who files a timely business property return with the assessor shall be 941 exempted Tthe first $20,000 of assessed valueatien of business personal property 942 - . Fora taxpayer 943 with more than one business personal property tax account, the $20,000 exemption shall 944 be distributed pro rata among all of the taxpayer accounts, based on the proportion of 945 the assessed value in each account to the total assessed value of that taxpayer's 946 business personal property. 947 C. Pursuant to AS 29.45.050(b)(2), the inventories of businesses possessing a valid 948 business license from the state of Alaska are exempt from the tax imposed by this 949 chapter. As used herein, "inventories" means personal property in the hands of a retail or 950 wholesale merchant held for sale or personal property held in the form of raw materials 951 or component parts for the manufacture or production of goods. 952 D. Pursuant to AS 29.45.050(b)(2), fishing gear (i.e., nets, seines, crab pots, long lines, 953 trawls) and any or all associated paraphernalia utilized for commercial fishing is exempt 954 from property tax. 955 Section 13: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 956 3.40.030, Assessment return, is hereby amended as follows: 957 958 3.40.030 Assessment return. 959 A, Every person with ownership in taxable business personal property shall submit to the 960 borough assessor a personal property return of any property owned by him, or in which he 961 has an interest, and of the property held or controlled by him in a representative capacity, in 962 the manner prescribed, which return shall be based on property values existing as of the 963 first day of January of the year for which the return is made. The person making the return in 964 every case shall state an address to which all notices required to be given to him under this 965 section may be mailed or delivered. The return shall show the nature; quantity; description, 966 including date of manufacture; amount; value; purchase price, new or used; depreciable 967 basis; and current condition of all personal property, the place where the property is 968 situated, and said return shall be in such form and include such additional information as the 969 assembly assessor may prescribe, and shall be signed and verified under oath by the 970 person liable, or his or its authorized agent or representative. 971 B. Said return shall be filed on or before the fifteenth day of January of each tax year, 972 unless the property owner requests, and the assessor approves, an extension that 973 may not exceed thirty days. The extension must be requested prior to the January 974 15th due date. 975 C. The borough assessor may, by notice in writing to any person by whom a return has 976 been made, require from him a further return containing additional details and more explicit 977 particulars and, upon receipt of the notice, that person shall comply fully with its 978 requirements within 30 days. 979 D. In the event of any person failing, refusing, or neglecting to make or file said personal 980 property return of property owned by him, as required herein, the assessor shall make an 981 assessment which shall be as fair and equitable as he is able to make from the best 982 information in his possession concerning said property and this assessment shall be Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Pane 22 of 25 983 prima facie evidence for all legal purposes and any related proceedings. (AS 984 29.45.130(a)) 985 986 Section 14: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 987 3.40.040, Tax situs of personal property, is hereby amended as follows: 988 989 3.40.040 Tax situs of personal property. 990 A. Tax Situs. All personal property which has a tax situs within the borough on January 1st 991 992 993 owner, the place whore it is registered or licensed, whether it is taxed by other 994 995 P-RaPertY7 996 8. Tax Situs, Conclu ivc Presumptions 997 998 although not within the borough on January 1st of the assessment year, either: 999 1000 b. Has been or is kept or used within the borough for any 00 days or more in tho 12 1001 months preceding the January 1st assessment; or 1002 c. Has been or is kept or used within the borough for any length of time preceding 1003 January 1st of the assessment y or if such presence or use is intended to be 1004 1005 more. 1006 . - 1007 1008 1009 e •• es .. • • -- -- 1010 1011 address or tho mailing address of tho licensee or permittee, or of tho permissive 1012 1013 b. The property is so licensed or the permit so issued and the domicile of the 1014 licensee or permittee, or the permiejve user thereunder, is in the borough; this 1015 1016 subject property is in the custody of persons in educational institutions outside of 1017 thelaorouginr 1018 • " 1019 1020 1021 subdivision thereof. 1022 A. The tax situs of personal property is presumed to be the Kodiak Island Borough if: 1023 1. it is located within the borough on January 1 of the assessment year, and has 1024 been located in the borough for more than a temporary period in the year prior 1025 to January or; 1026 2. it is normally located within the borough, even though it is outside the 1027 borough on January 1 of the assessment year, if it is located outside the Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 2:Ant Pci 1028 borough for only a temporary period of time during the year prior to January 1 1029 of the assessment year or; 1030 3. it is not located in the borough on January 1, but has been kept or used within 1031 the borough for any sixty (60) days during the year preceding the January 1•` 1032 assessment date or; 1033 4. it normally is returned to the borough between uses elsewhere, and is not 1034 located in any one place for more than a temporary period. 1035 B. For purposes of this code, "temporary period" is defined as sixty(60) days. 1036 1037 Section 15: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 1038 3.40.050, Liability for and collection of, is hereby amended as follows: 1039 1040 3.40.050 Liability for and collection of personal property taxes. 1041 A. The owner of personal property assessed is personally liable for the amount of taxes 1042 assessed against the property. The tax, together with penalty and interest, may be 1043 collected in a personal action brought in the name of the borough. 1044 B. If the tax on personal property is not paid when due, the borough may, in addition to 1045 other remedies available, enforce the tax lien by distraint and sale of the property after 1046 first making demand of the person assessed for the amount of the tax, penalty, and 1047 interest. The demand shall be in writing addressed to the person whose name appears 1048 on the last assessment roll as the owner of the property, describing the personal 1049 property assessed and the amount of the tax, penalty, and interest and demanding that 1050 the total be paid within 10 days after service of the demand personally or by registered 1051 mail. 1052 C. If the tax has not been paid after the expiration of 10 days from service of demand, the 1053 clerk may issue a warrant directing a peace officer to seize the personal property for 1054 which the tax was levied and to sell it at public auction after at least 15 days' notice of 1055 the sale by posting and publication. If the proceeds from the property sold are not 1056 sufficient to satisfy the tax, penalty, interest and costs of sale, the warrant may authorize 1057 the seizure of other personal property sufficient to satisfy the tax, penalty, interest, and 1058 costs of sale. 1059 D. The borough has the right to seek payment of any unpaid portion of the tax, 1060 penalty and interest by all methods available under law. 1061 1062 Section 16: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 1063 3.40.060, Penalties and interest, is hereby amended as follows: 1064 1065 3.40.060 Penalties and interest. 1066 A. ' - - , - - . , e "e - - • - 2.- • -- - _. •-- 1067 1068 • e . , • 1069 1070 1071 all persons having personal property within the borough, irrespective of residence. 1072 1073 - __ _- . •••••••• •• e'•_ _ .: .ee. A person who files a completed return after the Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 24 of 2R 1074 filing deadline, but before the mailing of the assessment notices shall, in addition to other 1075 penalties provided by law, will be liable for a penalty of five percent of the tax assessed 1076 against said personal property for that tax year. 1077 B. A person who, either for himself or as agent for another, or as agent, officer, or 1078 manager of a corporation, fails to file a return as required by this code prior to 1079 February 28th of the current assessment year shall be fined a penalty in the 1080 amount of $300. 1081 C. A person who, either on his own behalf, as agent for another, or as the agent, 1082 officer, or manager of a corporation, knowingly makes a false statement, return or 1083 list required by this section relating to the amount, kind, or value of personal 1084 property subject to taxation by the borough with intent to avoid or evade the 1085 assessment on taxation of the property, or part of it, with intent to avoid or evade 1086 the assessment or taxation of the property or part of it, is guilty of a violation of 1087 this chapter, and this action is punishable by a fine of $1000.00. (AS 29.45.140) 1088 1089 Section 17: This ordinance will take effect upon adoption. 1090 1091 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1092 THIS DAY OF 2013 1093 1094 KODIAK ISLAND BOROUGH 1095 1096 1097 1098 ATTEST: Jerrol Friend, Borough Mayor 1099 1100 1101 1 102 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-10 Panes 2S of 2.ri ..t -,P 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 5, 2013 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2014-01B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: See attached spreadsheet Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-01B, Budget Spreadsheet APPROVAL FOR AGENDA: // .,,,,,; SUMMARY STATEMENT: This ordinance would adjust the FY2014 budget as follows: • Bayside Fire Department needs to move $115,100 to Fund 450 to fully fund the emergency generator project and these funds are available in the Bayside Fire Department's Fund Balance; and • several projects in Fund 469 need to be combined for better project management; and • total project amount of $1,356,438 for the Kodiak Fisheries Research Center (KFRC) Ventilation Modifications project will need to be made available from the KFRC retained earnings of which NOAA will be reimbursing the Borough $831,327 upon project completion; and • combining the Chiniak School Underground Storage Tank Removal and Replacement project with the Chiniak School Soil Remediation project; and • combining several Borough Building renewal and replacement projects; and • budgets need to be developed for FY2014 Renewal and Replacement projects in Fund 469 (Borough Building Rehabilitation, Port Lions School Exterior Painting, Middle School paving, and Auditorium Foyer and Hall flooring). RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-01B in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Director 2 Introduced: 12/05/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-01B 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2014-01 FISCAL YEAR 2014 10 BUDGET BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS 11 REVENUES THAT ARE OVER BUDGET, PROVIDE FOR ADDITIONAL 12 EXPENDITURES, AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, Bayside Fire Department needs to move $115,100 to Fund 450 to fully fund 15 the emergency generator project and these funds are available in the Bayside Fire 16 Department's Fund Balance; and 17 18 WHEREAS, several projects in Fund 469 need to be combined for better project 19 management; and 20 21 WHEREAS, the total project amount of $1,356,438 for the Kodiak Fisheries Research 22 Center (KFRC) Ventilation Modifications project will need to be made available from the 23 KFRC retained earnings of which NOAA will be reimbursing the Borough $831,327 upon 24 project completion; and 25 26 WHEREAS, combining the Chiniak School Underground Storage Tank Removal and 27 Replacement project with the Chiniak School Soil Remediation project will allow for more 28 cohesive project management; and 29 30 WHEREAS, combining several Borough Building renewal and replacement projects will 31 allow for more cohesive project management; and 32 33 WHEREAS, budgets need to be developed for FY2014 Renewal and Replacement 34 projects in Fund 469 (Borough Building Rehabilitation, Port Lions School Exterior Painting, 35 Middle School paving, and Auditorium Foyer and Hall flooring). 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is not of a general and permanent nature and shall not 41 become a part of the Kodiak Island Borough Code of Ordinances. 42 43 Section 2: The FY2014 budget will be amended per the attached three paged 44 schedule. 45 46 47 Kodiak Island Borough, Alaska Ordinance No. FY2014-01B Page 1 of 2 48 49 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 50 THIS DAY OF 2013 51 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 Jerrol Friend, Borough Mayor 58 59 ATTEST: 60 61 62 63 Nova M. Javier, MMC, Borough Clerk 64 Kodiak Island Borough, Alaska Ordinance No. FY2014-01 B Page 2 of 2 As of Budget Adopted Budget 11/18/2013 Balance Adjustments Revised Budget Fund 250 Fire Protection Area No.1 Revenues 520,210 542,205 (21.995) 115,100 635,310 Use of fund balance Expenditures 520210 286,771 233,439 115,100 635,310 Tranfer to Fund 450 for additonal funding of emergency generators Fund 425-KFRC Revenues: GSA Reimbursement - - - 831,327 831,327 use of retained earnings - - - 525,111 525,111 1,356,438 1,356 438 Expenditures: 12015 KFRC Energy Project 0 0 0 1,356.438 1,356438 0 0 0 1,356,438 1,356,438 Ordinance No.H2014-005 Backup info As of Budget Adopted Budget 11/18/2013 Balance Adjustments Revised Budget Fund 450 Capital Projects Revenues State Seismic Reimbursement 3,698,450 3,698,450 - 3898,450 11001 KMS Gym Sesimic upgrade(grant) 405,382 405,382 - 405,382 FEMA GRANTS($146,823 listed below) - • - 10003 Regency Measures FEMA 16,931 18931 - 16,931 10004 Panamaroff Creek Road FEMA 32,183 32.183 - 32.183 10005 Alitak Rain Event FEMA . - . - 10006 Fairgrounds General Debris FEMA 8,365 8.365 - 6,365 10007 Fairgrounds General Debris 21,819 21,819 - 21,619 10008 Fairgrounds Emergency Measures FEMA 5,000 5,000 - 5,000 10009 Middle Bay/Chiniak Rain Event FEMA 11,676 11,676 - 11.676 10010 Womens Bay Service Area Debris FEMA 27,085 27,085 - 27.085 10011 Bell Flats Road FEMA 16 278 16 278 - 16.278 10012 Panamaroff Creek Road FEMA 30,664 30,664 - 30,664 10013 Panamaroff Creek Road Section FEMA 7,468 7,468 - 7,468 10014 South Russian Creek Road FEMA 84831 84,831 84,831 10016 Womens Bay Rain Event FEMA - - - - 10018 Salonie Creek Road Damage FEMA 22,782 22,782 - 22 782 10020 Bioplug Sargent Creek FEMA 41,135 41,135 - 41,135 10027 Road Shoulder Repair&Culvert Replacement 55,233 55.233 - 55,233 10028 Marmot Drive and Harbor Way FEMA 1,845 1.645 - 1,645 12009 Chiniak Warning Siren Grant 45,000 45,000 - 45,000 12010 Anton Larsen Dock State Grant 2,000,000 2,000.000 - 2800,000 12010 Anton Larsen Dock Denali Grant 80,000 80,000 - B0,000 12011 Emergency Generator Extra Funds 168,853 168,853 - 168,853 12012 Old Harbor Generator 1807800 1807,000 - 1,007,000 12013 Karluk Generator 33,000 33,000 - 33,000 12016 Bayside Emergency Generator 40000 40800 - 40,000 2012 Homeland Security Grant 35800 35800 - 35.000 Transfer in from Fund 410 81,769 81,769 - 81.769 Transfer in from Buildings&Grounds 95800 95,000 - 95.000 Transfer in Fund 100 Local Match(Denali Anton Larsen' 20,000 20,000 - 20,000 Transfer in Fund 250 - - 115,100 115,100 for Bayside generator Total Revenues 8,092,749 - 8,092,749 115,100 8.207.849 09011 Auditorium Roof 703.038 703,038 - - 703,038 complete 09013 High School Fire Alarms 34.028 34.028 - - 34,028 complete 09015 Demo Old Chiniak School 83,024 83,024 - 63,024 Complete 09016 Akhiok Sewer Line 25.494 25,494 - 25,494 Complete 09018 Middle School Close(in place)&Replace UST 16.225 16,225 - - 16,225 complete 09020 Main Roof 52,595 52,595 - - 52,595 complete 09021 Boro.Build.Sidewalk and Handrail Repairs 50,567 50.567 - - 50,567 Complete 10000 High School Parking Lot Paving 283,113 283,113 - - 263,113 complete 10001 School District Small Projects 41,127 41,127 - - 41,127 CLOSE-Reimbursed by 111550 10003 Ermergency Measures-FEMA 16,907 16,907 - 16,907 CLOSE-To correct FEMA budget 10004 Panamaroff Creek Road FEMA 22,755 12,752 10,003 - 22,755 FEMA 10006 Fairgrounds General Debris FEMA 8,270 8,270 . - 8,270 cLOSE-Revenue of 58365 in system-FEMA 10007 Fairgrounds General Repair 21,992 21,992 - - 21,992 CLOSE 10008 Fairgrounds emergency Measures FEMA 4,959 4,959 - - 4,959 CL05E-Revenue of$4959 in system-FEMA 10009 Middle Bay/Chiniak Rain event FEMA 28,015 28,015 - - 28,015 CLOSE-FEMA budget 511676 10010 Womens Bay Service Area Debris FEMA 25.919 25,245 674 - 25,919 CLOSE-To correct FEMA budget 10011 Bells Flats Road FEMA 16,942 16,942 - 16,942 CLOSE 10012 Panamaroff Creek Road FEMA 32,270 601 31,669 - 32,270 To correct FEMA budget 10013 Panamaroff Creed Road Section FEMA 9,968 9,970 18 - 9,988 CLOSE 10014 South Russian Creek Rd FEMA 85,033 64,668 365 - 85,033 CLOSE-To correct FEMA budget 10017 Chiniak School Soil Remediation 95,000 27,233 67,767 (67767) 27,233 Project moved to Fund 450 10018 Salonie Creek 22,864 22,864 - - 22,864 FEMA Budget$22782 10020 Bioplug Sargent Creek 41,135 B64 40,271 - 41,135 FEMA Ordinance No.Fy2014-0113 Backup Info As of Budget Adopted Budget 11/18/2013 Balance Adjustments Revised Budget 10027 ROad,Shoulder Erosion&Culvert Repair 3 Siste 36,178 36,178 0 - 36,178 CLosE-To correct FEMA budget 10028 Marmot/Harbor Way 630 630 0 - 630 CLOSE-To correct FEMA budget 10029 Kodiak Middle School Emergency Generator 82,661 82661 0 - 82,661 CLOSE-Reimbursed by KIBSD 11001 KMS Gym Sesimic upgrade(grant) 405382 405382 - - 405,382 CLOSE-balance unrealized FEMA grant 12009 Chiniak Siren 45,000 - 45000 - 45,000 12010 Anton Larsen Dock 2,100,000 2.162 2,097,838 - 2,100,000 52000000 leg.Grant,550000 Denali grant with$20oeo match from Kit 12011 Emergency Generator extra funds 168,853 318 168,535 - 158,853 change name 12012 Old Harbor Emergency Generator 1,007,000 461 1.006.539 - 1.007.000 12013 Karluk Emergency Generator 33,000 390 32,610 - 33000 12016 Bayside Emergency Generator 40.000 9,817 30.183 115.100 155.100 Increased project budget 13005 Homeland Security Grant 2012 35.000 - 35,000 - 35,000 Transfer to Fund 410 369,499 - 369.499 - 369,499 Transfer to Fund 420 933,009 - 933,009 - 933,009 Transfer to Fund 469 1,115,277 - 1,115,277 67767 1,183,044 Project moved to Fund 450 Total Expenditures 8,092749 2,108,491 5.984.258 115,100 8207,849 Fund 469 Renewal and Replacement Projects Revenues Legislative Grant-emergency generator 435.147 435,147 - 435,147 Loan from the Facilities Fund 7,246,061 7,246,061 2,450,112 9696,173 Transfer in from Fund 450 1,115.277 1,115.277 67.767 1.183,044 Total Revenues 8,796,485 - 8,796,485 2,517,879 11,314,364 Projects: 09019 Boro.Build.Power Distribution Panels 55561 - 55,561 (55,561) - close-combined with Bono Bldg Rehab 09022 Boro.Build.Lighting 20,835 - 20,835 (20.835) - close-combined with Boro Bldg Rehab 10037 Borough Building New Ro0f 847.884 847.884 - - 847.884 Complete 11002 East Elementary Generator&Building 1,281,537 1.208,738 72799 - 1,281,537 11003 Chiniak Removal of Underground Storage Tank( 74.751 94.644 (19,893) 67.767 142,518 11004 Ahkiok Teacherage Rehabilitation 45,379 45,379 - 45379 The expenses for this project were charged to Buildings&Grounds needs Jr 545,378.95 11005 Borough.Building Combustion Air Fan 21,637 - 21.637 (21,637) - close-combined with Boro Bldg Rehab 11009 Island Wide UST Removal 412,931 398,194 14,737 - 412931 11010 Karluk HVAC Controls 59,400 53,084 6316 - 59400 Complete 12001 Northstar Exterior Paint 357,127 312,717 44,410 - 357,127 12002 Port Lions UST 72 72 (0) - 72 close-combined with 11009 12003 Borough Building New Receptacles 63,107 55 63.052 (63052) 55 close-combined with Boro Bldg Rehab 12004 Borough Building Return Air Duct 2nd Floor 270,459 564 269,895 (269,895) 564 close-combined with Boro Bldg Rehab 12005 East&Peterson Flooring 738.504 967 737,537 - 738.504 12006 KMS Elevator Controls 51,840 46 51,794 - 51,840 12007 Larsen Bay Roof Repair 598.200 481 597719 - 598,200 12008 Main Remove UST 61 61 (0) - 61 close-combined with 11009 12017 Baranof Park 500,000 - 500,000 - 500,000 13xxx KMS HVAC Controls 1,537,255 - 1.537,255 - 1,537,255 13xxx Peterson HVAC Controls 624427 - 624,427 - 624.427 xxxxxBorough Building Rehab - - 0 1,718,932 1,718,932 xxxxxPort Lions Exterior Paint - - - 121,700 121,700 xxxxxMiddle School Paving - - - 415,383 415 383 xxxxxAudhorium Flooring Foyer&Hall - - - 141,505 141,505 R&R Contingency 1,235,518 - 1,235.518 483,572 1,719,090 Total Expenditures 8,796,485 2,917,507 5,878,978 2,517,879 11,314,364 Ordinance No.FV2014-ou3 Backup info c- Kodiak Island Borough {e ti,r j ` Engineering & Facilities Department *,t -' . • 710 Mill Bay Road �; ,, ', u Kodiak,Alaska 99615 I i E�` ' r, ;1/4y14:a. Phone (907) 486-9340 Fax (907) 486-9394 ien, Date: November 22, 2013 To: Mayor and Assembly �� From: Bob Tucker, E/F DirectoCr, Thru: Bud Cassidy, Manager✓� RE: KFRC Ventilation Modifications Project At the December 5, 2013, Assembly meeting, staff will be requesting the Assembly approve a budget amendment that includes providing funding for a construction project at the Kodiak Fisheries Research Center (KFRC). The purpose of this memo is to provide some background information on the project. On August 2, 2012, the Assembly approved a design contract with PDC Engineers for a two phase project to provide energy efficiency upgrades to the existing mechanical systems and to install a seawater chilling system at the KFRC. The design contract was 100% reimbursed by GSA through an amendment to the lease for NOAA occupied space at the KFRC. The design for both phases was completed in February 2013, and construction of the first phase was put out for bid in April 2013. The scope of the first phase includes modifications to the building ventilation and electrical systems and installation of lighting controls that will enhance and extend the life of the building systems and increase the energy efficiency of the facility. There were also calculations completed by Alaska Energy Engineering LLC that showed a simple payback of less than 7 years. However with the increased costs to construction project this payback period has increased to approximately 12 years (See attached technical Memorandum by Alaska Energy Engineering LLC). GSA secured $640,000 in funding for the first phase and it was anticipated that KIB would be reimbursed for completing this work. However the bids received for construction of these improvements exceeded the available GSA funding. The low bid was $974,000. Including design, administration, and contingency, the total project budget is currently $1,165,1 1 1. After discussions between the Manager, Engineering/Facilities Director, Finance Director, and representatives from NOAA and GSA, it was determined that it would be beneficial for KIB to Page 1 of 2 fund the balance of$525,111 to complete this project. This makes sense because it will increase the energy efficiency of the building, is projected to provide a 12 year payback in energy savings, and there is money in the KFRC Depreciation (Cash Account) which currently has approximately$4,000,000. Looked at another way, this project can be considered as renewal and replacement work that would have been required relatively soon, and GSA is willing to fund approximately 55% of the cost to complete the work, greatly decreasing KIB's R&R funding burden. This effort also shows GSA and NOAA that the KIB is willing to make these improvements that will reduce their overall lease rates to occupy the building. We think this is also important because the first part of the 20 year lease for the facility is up in 2018. Staff is negotiating with NOAA and GSA to authorize one or two of the 5 year extensions left on the original lease. There are four 5 year extension left on the original lease. It is critical that NOAA Research be performed in Kodiak. If the Assembly approves the introduction of this budget amendment (Ordinance 2014-01B) on December 5, with this project included in the ordinance, second reading will occur on December 19. The following items will also be included on the December 19 agenda to implement this project: I. Lease amendment with GSA, to authorize $640,000 reimbursement to KIB 2. Professional Services Contract with PDC Engineers for construction administration:, and 3. A construction contract with the low bidder, Wolverine Supply. Page 2 of 2 KFRC Ventilation Modifications - Project Budget 11 - 25 - 2013 Budget LTD Exp Remaining 1 Construction Management (by Consultant) $ - $ - $ - 2 Land Purchase Costs $ - $ - $ - 3 Site Investigation $ - $ - $ - 4 Design Services Costs $ 38,048 $ - $ 38,048 5 Construction $ 974,000 $ - $ 974,000 6 Equipment Costs $ - $ - $ - 7 District Administrative Overhead $ 55,663 $ - $ 55,663 8Art $ - $ - $ - 9 Project Contingency $ 97,400 $ - $ 97,400 Total $ 1,165,111 $ - $ 1,165,111 Alaska Energy Engineering LLC Technical Memorandum 25200 Amalga Harbor Road Tel/Fax: 907.789.1226 August 21, 2013 Juneau,Alaska 99801 alaskaenergy®earthllnk.nel to: John Gorman, Program Manager, NOAA cc: Robert Foy, Director, Kodiak Fisheries Research Center subject: Life Cycle Cost Analysis project: Ventilation Modifications This memo presents a life cycle cost analysis for Ventilation Modifications at the Kodiak Fisheries Research Center.The intent of this memo is to summarize the scope and life cycle cost analysis of the proposed ventilation improvements. Scope The existing ventilation systems are oversized,operate continuously, and do not turn down during unoccupied periods.The proposed ventilation modifications will reduce air flow rates to standards consistent with high performance laboratory/office buildings. The scope of work is: • Consolidate Fan Systems: Reduce peak ventilation capacity from 55,000 cfm to 36,000 cfm. Reduce from two to one air handling unit; from nine to two exhaust systems. • Convert six fume hoods to variable flow • Install occupancy sensors to reduce air flow and lighting during unoccupied periods • Install a heat recovery coil in the fume hood exhaust • Upgrade the control sequences and commission the proposed systems Life Cycle Cost Analysis The ventilation modifications will reduce fuel oil consumption by 27,100 gallons and electricity consumption by 289,000 kWh for an annual savings(at today's energy prices)of$129,000.The energy analysis is attached. With a construction cost of$883,000, the project has a simple payback of less than seven years. A life cycle cost analysis resulted in a significant life cycle savings of$2,400,000 over 25-years. The life cycle cost analysis is attached and is summarized in the following table: Life Cycle Cost Analysis Construction Maintenance Energy Life Cycle Cost $883,000 ($10,000) ($3,270,000) ($2,397,000) Note: Negative numbers,in parenthesis,represent savings, rp��'!L by: — ____l Jim Rehfeldt, P.E. Alaska Energy Engineering LLC Energy Analysis 25200 Amalga Harbor Road TeVFax: 907.789.1226 August 21,2013 Juneau,Alaska 99801 jimtaralaskaeneigy.us Kodiak Fisheries Research Center Ventilation Modifications Existing Systems Ventilation Mods Occupied Unoccupied Occupied Unoccupied Supply Air,cim 43,000 43,000 22,000 12,000 Outside Air,chn 26,350 26,350 12,000 10,000 Rehm Air,dm 16,650 16,650 10,000 2,000 Heat Recovery Et 30% 30% 50% 50% Weather Data Ventilation Energy Savings Fan Energy Savings Ouutdoor Hours Existino.kBlu Proposed kBIu Savings Existing kWh Proposed kWh Savings Temp Annual Occupied IJrmccupied Occupied Unoccupied Occupied Unoccupied khtu Gallons Occupied Unoccupied Occupied Unoccupied kWh 77 26 15 11 0 0 0 0 0 0 920 674 608 254 732 72 66 32 34 0 0 0 0 0 0 1.962 2.084 1,297 786 1.963 67 136 76 60 0 0 0 0 0 0 4659 3,678 3,080 1,387 3,871 62 288 158 130 0 0 0 0 0 0 9,686 7,970 6.403 3,005 8.248 57 648 297 351 28,639 33,846 7,377 13,268 41,840 432 18,208 21,518 12,035 8,114 19,577 52 1,226 368 858 72,139 168,194 21,064 55,598 163,671 1,688 22,561 52.600 14.913 19,834 40,414 47 1,211 305 906 90,168 267,844 27,340 83,171 247,502 2.553 18,698 55.543 12.360 20.944 40,938 42 1,157 319 838 126,081 331,208 38,931 99,554 310,804 3288 19.557 51,374 12.927 19,372 38632 37 1,423 396 1,027 195,957 508.200 61,158 149,737 493.262 5088 24,277 62,961 16,047 23,741 47.450 32 1,073 263 810 156,338 481,499 49,139 139,968 448,730 4,628 16,123 49,658 10,658 18,724 36399 27 533 126 407 87.450 282,477 27.624 81,319 260,984 2,692 7,725 24,951 5106 9.4138 18.162 22 335 85 250 67,460 198,412 21,389 56.700 187,783 1,937 5,211 15,326 3,444 5,779 11,314 17 224 61 163 54.488 145,600 17,326 41,369 141,393 1,458 3,740 9,993 2,472 3,768 7.493 12 176 48 128 47,657 127.085 15,189 35,942 123,611 1,275 2943 7,847 1.945 2.959 5,886 7 131 29 102 31,681 111,431 10,116 31,396 101,600 1,048 1,778 6,253 1,175 2,358 4,498 2 66 14 52 16,689 61,987 5.337 17,410 55,929 577 858 3,188 567 1,202 2,277 -3 27 5 22 6,458 28,417 2,068 7,960 24,847 256 307 1,349 203 509 944 -8 12 3 9 4,174 12.521 1,338 3,499 11,858 122 184 552 122 208 405 -13 2 0 2 0 2,982 0 832 2,150 22 0 123 0 46 76 8.750 2,600 6.160 985.380 2,761,704 305.399 817,722 2,623,963 27,065 159.395 377.643 105,361 142.398 289,279 Page 1 IAlaska Energy Engineering LLC Life Cycle Cost Analysis 25200 Amalga Harbor Road Tel/Fax. 907,789.1226 August 21,2013 Juneau,Alaska 99801 alaskaenergy @earthlink.nel Kodiak Fisheries Research Center Ventilation System Optimization • Basis 25 Study Period(years) 2.75% General Inflation 5.0% Nominal Discount Rate 6 0% Fuel inflation 2.2% Real Discount Rate 2.0% Electricity Inflation Construction Costs Year 0ty I Unit I Base Cost Year 0 Cost Ventilation Upgrades Per Cost Estimate of July 15,2013 0 I LS $743,000 $743,000 Design fees 0 10% $74,300 Project management 0 8% $65.384 , Total Construction Costs 3883.000 Annual Costs Years Oty I Unit I Base Cost Present Value Less exhaust fan maintenance 1 - 25 -7 hrs $60.00 ($7,848) Less kill maintenance 1 - 25 -10 hrs $6000 ($11,212) Added lab pressure control maintenance 1 - 25 8 his $60.00 56.969 Total Annual Costs ($10,000) • Energy Costs Years Oty I Unit I Base Cost Present Value Heating Savings: Fuel Oil I - 25 -27,065 gallons I $3 47 ($2,662,004) Fan energy savings 1 - 25 489,279 kWh $0.12 ($608.452) Total Energy Costs ($3,270,000) Present Worth ($2,397,000) Page 1 Bayside Generator- Project Budget 11-26-2013 Budget LTD Exp Remaining 1 Construction Management (by Consultant) $ - $ - $ - 2 Land Purchase Costs $ - $ - $ - 3 Site Investigation $ - $ - $ - 4 Design Services Costs $ 26,288 $ - $ 26,288 5 Construction $ 116,288 $ - $ 116,288 6 Equipment Costs $ - $ - $ - 7 District Administrative Overhead $ 5,010 $ - $ 5,010 8Art $ - $ - $ - 9 Project Contingency $ 7,514 $ - $ 7,514 Total $ 155,100 $ - $ 155,100 RSA ENGINEERING COST ESTIMATE WORKSHEET PROJECT: Kodiak Baseside Fire Station LABOR RATE: $100.00 CLIENT: Kodiak Island Borough MARKUP 10.00% DATE: 10/7/2013 OVERHEAD/PROFIT: 15.00% MATERIAL LABOR TOTAL COST ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL HR/UNIT TOTAL Electrical Demolition lot 1 24 $2,400 $2,400 ATS ea 1 4655 $4,655.00 8 $800 $5,455 Generator ea 1 33250 $33,250.00 38 $3,800 $37,050 1.5" Conduit LE 50 13.566 $678.30 0.2175 $1,088 $1,766 #110 XHHW-2 CLF 1.5 538.65 $807.98 2.42 $363 $1,171 1/2" Conduit LF 50 1.3965 $69.83 0.0705 $353 $422 #12 XHHW CLF 1.5 34.58 $51.87 0.727 $109 $161 Engineering Lot $6,000 Mechanical Fuel Piping and Accessories ea 1 $2,500.00 $2,500.00 40 $4,000 $6,500 Ventilation Ductwork, Dampers and Louvers ea 1 $1,500.00 $1,500.00 40 $4,000 $5,500 Engine Exhaust Piping ea 1 $1,000.00 $1,000.00 16 $1,600 $2,600 Controls lot $3,500 Engineering lot $5,000 MATERIAL TOTAL $44,513 LBRTTL $9,600 ' TOTAL MATERIALS AND LABOR $77,525 MARKUP $7,753 OVERHEAD/PROFIT $11,629 SUB TOTAL $96,906 20% CONTINGENCY $19,381 GRAND TOTAL: $116,288 KODIAK ISLAND BOROUGH s;.• {.,. AGENDA STATEMENT • "K REGULAR MEETING OF: DECEMBER 5, 2013 ITEM NO.: 14.1 TITLE: BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker, Case No. 14-005). ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Board of Adjustment Appeal Packet APPROVAL FOR AGENDA: SUMMARY STATEMENT: KIBC 17.225.070 Appeal hearing. D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. KIBC 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Eight appeal hearing notices were mailed. Notices returned will be attached to the meeting guidelines. Recommended motions are provided on the next page. Kodiak Island Borough Page 1 of 3 t. ° ' ? KODIAK ISLAND BOROUGH as= °o°*°�4ly^, .r AGENDA STATEMENT ,' RECOMMENDED MOTION: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerks Note: If the Board of Adjustment fails to reverse, the decision is affirmed. Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adjustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See next page). • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker) to (state date). Findings of Fact as adopted by the Planning and Zoning Commission are provided on the next page. Kodiak Island Borough Page 2 of 3 .' KODIAK ISLAND BOROUGH AGENDA STATEMENT �r*,-: . FINDINGS OF FACT: 1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. 2. A recreational vehicle is being stored on the property on a regular basis when it is not occupied. 3. A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit o the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law (AS.29.40.040). 4. A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore, no conditional use permit can be issued. 5. Zoning compliance has not been issued to establish an outdoor storage use on the property. Kodiak Island Borough Page 3 of 3 KODIAK ISLAND BOROUGH *° i" AGENDA STATEMENT RECOMMENDED MOTION: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerks Note: If the Board of Adjustment fails to reverse, the decision is affirmed. Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adjustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See next page). • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker) to (state date). Findings of Fact as adopted by the Planning and Zoning Commission are provided on the next page. Kodiak Island Borough Page 2 of 3 Y -a 4, . KODIAK ISLAND BOROUGH Y. aa �Y : y AGENDA STATEMENT FINDINGS OF FACT: 1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. 2. A recreational vehicle is being stored on the property on a regular basis when it is not occupied. 3. A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit o the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law (AS.29.40.040). 4. A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore, no conditional use permit can be issued. 5. Zoning compliance has not been issued to establish an outdoor storage use on the property. Kodiak Island Borough Page 3 of 3 Rus,vmAn G 0 -l✓ r•o k- 4- bira refvutvir� Acq FINDINGS OF FACT AS ADOPTED BY THE PLANNING AND ZONING COMMISSION: 1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. 2. A recreational vehicle is being stored on the property on a regular basis when it is not occupied. 3. A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit o the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law (AS.29.40.040). al Ar recreational condition permit is vehicle use as a dwelling not an unit on appropriate the property.option The to use permit is not the listed as ae continued conditional use of a use in the B-Business Zoning district; therefore, no conditional use permit can be issued. 5. Zoning compliance has not been issued to establish an outdoor storage use on the property. • Kodiak Island Borough *tz // �i Office of the Borough Clerk c 710 Mill Bay Road itt 'N' ites < Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks @kodiakak.us NOTICE OF APPEAL HEARING Our records indicate that you are entitled to notice of the original commission proceeding regarding BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). This case is going to be heard before the Kodiak Island Borough Board of Adjustment on Thursday, December 5, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal 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 101, Kodiak, AK 99615 prior to 4 p.m. on Thursday, December 5, 2013. All written comments submitted on this appeal shall become part of the appeal record. Per KIBC 17.225.070(B) At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument. A copy of the appeal record is available for public inspection in the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee, and any party to an appeal may request verbatim transcript of the proceedings before the Commission by filing a request accompanied by a cash deposit. Per KIBC 17.225.050(C) The appeal record shall be completed within 10 working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript, the person requesting it shall pay the actual cost thereof or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Per KIBC 17.225.050(E) A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486-9310. Attached are the following: Appeal Hearing Form Appellants' Notice of Appeal • CASE#14-005 PACKET(REV)' BOARD OF ADJUSTMENT Page 1 of 39 APPEAL APPLICATION KIBC 17.225.030 -A written decision of the Commission granting or denying approval under the requirements of this title may be appealed by: (1) Applicant (2) any person who was sent a written notice (Commission level) or (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above,please state the reason why you are entitled to appeal: Appellant(s) (print): Mailing address: 3 y'S A) writ rose LI's 1 /�ct[rtt (�LLi Q j�`q 1 ,, Phone: wk:Q�s�-2ia� tun: St" J Cell: fax: t /! Sign ture(s): *IA E-mail co,h�vz&lhnkolwLQgct.rtrr C4. Date: so/i8/ 13 Case/Decision of the Commission that you are appealing: Be specific. If needed: contact community development and state the motion/action taken/decision thpt you are appealing. ON`a'' 1. 4- - ccs pI Ek5&! see era:leAea c,, l Provide the physical address, property owner, and property I.D.#related to the Case/Decision that you are p alipg: /x % * z. Block 1400 V. S . Svzve7 25gy Specifically state the grounds for the appeal: YLs See At.L cked flTer'icsr RECEIVED OCT 2 1 2013 You may state the relief being sought: BOROUGH CLERICS OFFICE KODL X,ALASKA I -L5 Se"e MtAcIICti S.74- eid-r- You may use a separate sheet if you need more space. If you are not going to use this form, please make sure that the notice you are going to submit is in compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 CASE #14-005 PACKET (REV)` BOARD OF ADJUSTMENT Page 2 of 39 I am the General Manager for the Comfort Inn which is located on USS 2539, BK 1400, Lots 1&2 aka 1395 Airport Way, Kodiak Alaska. We recently filed an appeal to an Administrative Decision regarding the use of my travel trailer as temporary housing on the above referenced property owned by my employer. The Administrative Decision was upheld by the Kodiak Island Borough Planning & Zoning Commission. I would like to appeal this decision on the grounds that it affects my welfare, the welfare of my employer and the welfare of the Borough. As you are aware the Borough's main responsibilities are to protect the Health,Safety and Welfare of the community.Welfare is defined as"Prosperity". As General Manager of the Comfort Inn, I am required by my employer to live on site. They only have one apartment for this purpose which we use in the winter months. During the tourist months (May through November), like the canneries, we hire transient workers to perform domestic services. The housing for these workers would either require the use of sellable rooms or as we have chosen the use of the existing apartment. If we were to use rooms that are available for general rental, we would not only be losing revenue but the Borough will lose bed tax revenue. What we are in need of is a form of temporary housing which the travel trailer supplies. For a number of years now we have used the travel trailer as our living quarters/hotel office without any complaints. Until a disgruntled and vindictive citizen looking to permit a RV Park listed our use in a complaint to justify their position.We have been living in the trailer safely by getting our water from the hotel and have a contract with the local septic pumping service to pump our septic tank regularly. I find it odd that the City Code (KCC 14.20) has a process for this type of subordinate use on private property but the Borough does not. As for the complaint regarding outdoor storage, I could fully understand the Borough's position if we were supplying storage for persons other than hotel guests i.e. third party storage. But this is my residency where I receive my mail, my home. Why as this being my home I am not allowed to store my vehicles on this property does not make any sense.The next thing I can expect is the car I drive will be considered outdoor storage also. I am the same as any resident in the Borough who has personal property that is kept at my residence. I have previously stated the reason for my appeal. KIB 17.220.020 also states that I must state what relief is sought. I believe that through either the variance process or the conditional use process we can find reasonable common ground that will be beneficial to the prosperity of both the Borough and the Comfort Inn. That we can find a frame work by which this trailer is allowed to be used as temporary housing on a set temporary basis. To this effort I will avail myself. Please contact me if you need any further clarification. Sin erely, RECE VED C� Mr.Kelly uffak neral Manager Comfort Inn Kodia OCT 2 1 200 BOROUGH asti'g K.' AtAszk V' APPEAL HEARING FORM BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal 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 101, Kodiak, AK 99615 prior to 4 p.m. on Thursday, December 5, 2013. All written comments submitted on this appeal shall become part of the appeal record. CASE #14-005 PACKET(REV)' BOARD OF ADJUSTMENT Page 1 of 39 APPEAL APPLICATION KIBC 17.225.030 -A written decision of the Commission granting or denying approval under the requirements of this title may be appealed by: (1) Applicant (2) any person who was sent a written notice (Commission level) or (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above,please state the reason why you are entitled to appeal: Appellant(s) (print): Mailing address: 3T.S. rolit Lisa 4-1 ?. Islw ■ 6-,(2.4,ip er(t '• lLy ` /� ��q (� I Phone: wk:4%1-t100 hm: S cE 1 Cell: fax: Sign ture(s): E-mail Ce/h-Cv2Cm714,2 LQ k 4 .f. 1 Date: /0/18/ 13 Case/Decision of the Commission that you are appealing: Be specific. If needed. contact community development and state the motion/action taken/decision thpt you are appealing. O sc 14 - X05 pI &Ism - 5 d c;f£zfchedr c'0(2 Provide the physical address, property owner, and property I.D.#related to the Case/Decision that you are p alipg: tee r Z stock- (lea V. S . 5vizve7 253, Specifically state the grounds for the appeal: VLs See At-Lacked aTATe Mcal-- RECEIVED OCT 21 2013 You may state the relief being sought: BOROUGH CLERK'S OFFICE KODIAK,ALASKA us 50e /4TrAciieU S.M, eittr You may use a separate sheet if you need more space. If you are not going to use this form, please make sure that the notice you are going to submit is in compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 . CASE#14-005 PACKET (REV)' BOARD OF ADJUSTMENT ; Page 2 of 39 I am the General Manager for the Comfort Inn which is located on USS 2539, BK 1400, lots 1&2 aka 1395 Airport Way, Kodiak Alaska. We recently filed an appeal to an Administrative Decision regarding the use of my travel trailer as temporary housing on the above referenced property owned by my employer. The Administrative Decision was upheld by the Kodiak Island Borough Planning & Zoning Commission. I would like to appeal this decision on the grounds that it affects my welfare,the welfare of my employer and the welfare of the Borough. As you are aware the Borough's main responsibilities are to protect the Health,Safety and Welfare of the community.Welfare is defined as"Prosperity". As General Manager of the Comfort Inn, I am required by my employer to live on site. They only have one apartment for this purpose which we use in the winter months. During the tourist months (May through November), like the canneries, we hire transient workers to perform domestic services. The housing for these workers would either require the use of sellable rooms or as we have chosen the use of the existing apartment. If we were to use rooms that are available for general rental, we would not only be losing revenue but the Borough will lose bed tax revenue. What we are in need of is a form of temporary housing which the travel trailer supplies. For a number of years now we have used the travel trailer as our living quarters/hotel office without any complaints. Until a disgruntled and vindictive citizen looking to permit a RV Park listed our use in a complaint to justify their position.We have been living in the trailer safely by getting our water from the hotel and have a contract with the local septic pumping service to pump our septic tank regularly. I find it odd that the City Code (KCC 14.20) has a process for this type of subordinate use on private property but the Borough does not. As for the complaint regarding outdoor storage, I could fully understand the Borough's position if we were supplying storage for persons other than hotel guests i.e. third party storage. But this is my residency where I receive my mail, my home. Why as this being my home I am not allowed to store my vehicles on this property does not make any sense.The next thing I can expect is the car I drive will be considered outdoor storage also. I am the same as any resident in the Borough who has personal property that Is kept at my residence. I have previously stated the reason for my appeal. KIB 17.220.020 also states that I must state what relief is sought. I believe that through either the variance process or the conditional use process we can find reasonable common ground that will be beneficial to the prosperity of both the Borough and the Comfort Inn. That we can find a frame work by which this trailer is allowed to be used as temporary housing on a set temporary basis. To this effort I will avail myself. Please contact me if you need any further clarification. Sin erely, RECEIVED alloy Mr. Kelty uffak , neral Manager Comfort Inn Kodia OCT 2 1 2013 l yI V • CA • •-•! PACKET (REV)) BOARD OF ADJUSTMENT } Page 3 of 39 Kodiak Island Borough * �c//j. k, Community Development Department �Ij y$ ^� 710 Mill Bay Road �'� ors, Kodiak, Alaska 99615 • ' p n Phone (907)486-9363 Fax (907)486-9396 www.kodiakak.us October 17, 2013 The Kishan Group Inc. 5851 South Virginia Street Reno,NV 89502-6022 Re: Case 14-005. An appeal of an Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (ICIBC 17.220). Dear Sir or Madam: The Kodiak Island Borough Planning and Zoning Commission at their meeting on October 16, 2013 moved to affirm the Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff memorandum as "Findings of . Fact" for Case No. 14-005.. The motion passed. The findings and conclusions are as follows: [I] A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. [2] A recreational vehicle is being stored on the property on a regular basis when it is not occupied. [3] A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law(AS.29.40.040). [4] A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore, no conditional use permit can be issued. [5] Zoning compliance has not been issued to establish an outdoor storage use on the property. CASE #14-005 PACKET (REV)1 BOARD OF ADJUSTMENT 1 Page 4 of 39 Under KIB Code 17.215.020, the decision of the commission is final unless an appeal of the decision is made within ten (10) working days after the decision by the commission to the board of adjustment. An appeal is commenced by filing with the borough clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. The Clerk's Office can be reached at 486-9310. If you have any questions regarding the decision of the Commission, please feel free to contact the Community Development Department at(907)486-9363. Sincerely, Robert H. Pederson, AICP Director, Community Development Dept. CC: Kelly and Angela Huffaker CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT RECEIVED i 1Q 17.195.050 A.6. That g nti0g_the variance will not Permit a prohibited laid use in the district involved. Granting the variance will allow the construction of a warehouse; a pern itte I Aisli K the'I- Industrial zoning district1 p UU I anti DCROUGH ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY KODIAK,ALASKA D) CASE 14-006. Request a Screening Review for a combination of six (6) foot high chain link fencing and Sitka spruce trees along the west side of the lot as adequate screening. The applicant is Musk Ox Storage, LLC. The agent is Chris Wing. The location is 2430 Beaver Lake Drive.The zoning is I-Industrial. Maker reported staff feels the applicant's proposal is adequate screening between his property's warehouse and the adjacent residentially zoned lots. Staff noticed the applicant's site plan did locate the trees in the right-of-way. To ensure that issue is addressed staff recommends approval of the proposed screening plan with the adoption of a specified condition of approval to ensure all the trees and fencing are located completely on his parcel. COMMISSIONER SCHMITT MOVED to approve a combination of six (6) foot high chain link fencing and Sitka spruce trees along the west side of Lot 1C, Lakeside Subdivision, 2nd Addition as adequate screening (KIBC 17.105.060.G), subject to one (1) Condition of Approval. The public hearing was opened. Public testimony was given by: Chris Wing stated to the best of his knowledge this screening is to guard against industrial use bothering the residential use that borders it. The elevation of the lot is about 12 feet higher than the road surface of Von Scheele. Residential use is on the back side of the building but there's no traffic there so that side is shielded, as we come around on Von Scheele up to the electrical easement, on the other side of the easement is the end of the fence and the driveway starts there so that fencing will shield the residential side. The elevation, natural vegetation, and the chain link fence should provide adequate screening. The other side is Threshold Recycling and we owns Lot 1D which is also zoned Industrial screening is not required. In reading the description of required screening they like natural vegetation and it seems like the logical choice. Sam Rohrer stated he pointed out as a professional landscaper; Spruce trees are more than adequate for screening. His lot down the road is also screened with Spruce trees so it fits in nicely with what the other area has. CONDITION OF APPROVAL 1. The combination of six (6) foot high chain link fencing and Sitka spruce trees shall be located entirely within the boundaries of the subject parcel. COMMISSIONER SCHMITT commended Mr. Wing once again so this will be a big addition and improvement to the area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) CASE, 14-``005::Request an Appeal of an Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease,Lot 1 & 2, Block 1400, United States Survey 2539 (KIBC 17.220). The applicant is the P&Z Minutes Page 5 of 9 October 16,2013 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT ) Page 6 of 39 Kishan Group Inc. The agents are Kelly and Angela Huffaker. The location is 1395 Airport Way.The zoning is B-Business. Maker stated this request seeks a reversal to the notice of violation order administrative decision that was a result of staff investigation into a signed zoning violation complaint The allegations of that complaint were the use of an RV on the property as a dwelling unit Our investigation revealed an RV fifth wheel trailer had been used on a regular seasonal basis for at least two years on the property. The use of an RV as a dwelling on a Business use property on an individual lot is not allowed by the Kodiak Island Borough Code. It's not a permitted use, listed as a permitted use, and nor is it listed as a conditional use. We ordered the cessation of the recreational vehicle as a dwelling unit on the referenced property. This will be divided into two parts because we also have an issue with outdoor storage. With regards to the dwelling unit, Mr. Mrs. Huffaker have suggested the conditional use or the variance process as a solution to allow the continued use as a dwelling use. A variance would be a use variance that is illegal by State Statutes. Further investigation brought up the outdoor storage of the RV while they aren't residing and off island. The Huffaker's stated the hotel is their residence and they should be able to store the RV that it's incidental to the hotel use. Review of the property file shows there's a 50 room hotel and the cited the definition of the hotel guest room based on KIBC 17.25.090. No legal dwelling has been established on that property, therefore; it was determined since no legal dwelling is on the property and since a portion of the time they were on the property living in the RV it couldn't be considered a legal residence. The outdoor storage of the RV was not in the requirements of Title 17 due to the fact that no zoning compliance permit has been issued to establish the use of outdoor storage on that property. Staff feels the appeal does not provide any basis in code or new information to justify the reversal of the director's determination and recommend the commission affirm the director's determination and deny the appeal. CHAIR TORRES stated this is an appeal case and the only people who can respond are the people who have provided written or oral testimony on record prior to this, and it starts out with the appellants having a 10 minute time limit to discuss his thoughts. Pederson read the section from the code regarding appeals in 17.22.040A Appeal hearing to the code, at the hearing to the commission only persons who have received written notice of the appeal or submitted written comments may present oral argument Since we didn't receive any written comments it would only be those who received written notice other than the appellants. They have 10 minutes and then 10 minutes for rebuttal at the end. CHAIR TORRES asked the appellants for their 10 minute testimony. Appellant Mr. Huffaker stated he is the Resident Manager of the Comfort Inn and has been for the last eight years. We've lived on site and there is a one bedroom apartment in the hotel which they do live in. The fifth wheel, we bring labor in through the tourist season. We have one room set up for onsite housing for our domestic help and then we have our apartment.We've had to import so much help in the last five years that three years ago we bought this fifth wheel and from May until November we live in the fifth wheel. The end of November we move back into our apartment because the temporary help have left. The fifth wheel has been on the property for five years and we have owned it for three years. We've done this every year for the last three years and have never had any problems. We have a contract with the local septic that comes once a month to pump it.We are hooked up P&Z Minutes Page 6 of 9 October 16,2013 CASE #14-005 PACKET(REV)) BOARD OF ADJUSTMENT Page 7 of 39 to water and electric to the hotel. There is also an office in the fifth wheel that we work out of during the summer. Appellant Mrs. Huffaker stated the apartment has a bedroom, living room, and full kitchen that allow the 5 people we bring in during the summer a common area to cook and cohabitate. By them doing that we either have to move in to the fifth wheeler or occupy other space in the hotel. If we are occupying more space in the hotel then that's taxes that aren't being paid to the borough. There were no questions for the appellants. There was no one to speak on the appeal that received written notice or submitted written comments. CHAIR TORRES gave the appellants a 10 minute rebuttal which they did not wish to utilize. The secretary reminded the commission that there has not been a motion made yet COMMISSIONER SCHMITT MOVED to affirm the Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff memorandum as"Findings of Fact" for Case No. 14-005. COMMISSIONER SCHMITT MOVED to go into deliberations on this case. ROLL CALL VOTE ON MOTION TO GO INTO DELIBERATIONS CARRIED UNANIMOUSLY FINDINGS OF FACT 1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. 2. A recreational vehicle is being stored on the property on a regular basis when it is not occupied. 3. A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law (AS.29.40.040). 4. A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore, no conditional use permit can be issued. 5. Zoning compliance has not been issued to establish an outdoor storage use on the property. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY CHAIR TORRES recommended the Huffaker's continue to work with staff to try to find a solution. Pederson cited Code Section 17.215.020 regarding the appeal process. OLD BUSINESS None P&Z Minutes Page 7 of 9 October 16,2013 CASE#14-005 PACKET (REV), BOARD OF ADJUSTMENT ) Page 8 of 39 NEW BUSINESS None COMMUNICATIONS A) Planning&Zoning Public Hearing Results Letter to the Applicant Pederson reminded the commission of the October 23rd Code Revision Work Session next week COMMISSIONER SCHMITT MOVED to accept communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting schedule: • October 23, 2013 Planning & Zoning Code Revision Work Session to review the Draft Code Revisions at 6:30 p.m. in the K19 Conference Room • October 30, 2013 Planning & Zoning Code Revision Work Session to review the Draft Code Revisions at 6:30 pm in the KIB Conference Room • November 13, 2013 work session at 7:30 p.m. in the RIB Conference room • November 20, 2013 regular meeting at 7:30 p.m.in the Assembly Chambers B) Minutes of Other Meetings • September 3,2013 Parks& Recreation Committee C) Abbreviated &Final Approvals -Subdivisions Pederson (inaudible) AML coming up. We also have an application for a Borough Seat on the Planning&Zoning Commission. CHAIR TORRES MOVED to accept communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMISSIONERS' COMMENTS Kathy Drabek said it's been great working with Frank Peterson and wished him luck. Alan Schmitt concured with Drabek's comments. It's nice to have youth and energy on the commission and now on the assembly. Maybe there's still folks hanging out in the hall, there are still vacancies on the commission. Alan Torres thanked Peterson also and said he hates seeing people go and wished him well. He also said there are a lot of goad classes at AML and recommended the Planning&Zoning Commission 101on November 17th and the rest of the classes are on the 18th & 19th It's really good training. Sheila Smith stated they are alreay signed up for the P&Z 101 Peterson stated it's been a pleasure but brief being on the P&Z. The thanked Drabek who asked him to apply for the commission. The results have been rewarding. He he's learned a P&Z Minutes Page 8 of 9 October 16,2013 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 9 of 39 Kodiak Island Borough * Community Development Department tt n� 710 Mill Bay Road ' 46 w. ?� ∎ era Kodiak,Alaska 99615 Phone(907)486-9363 Fax (907)486-9396 g ` www.kodiakakus October 17, 2013 The Kishan Group Inc. 5851 South Virginia Street Reno,NV 89502-6022 Re: Case 14-005. An appeal of an Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot I & 2, Block 1400, United States Survey 2539 (KIBC 17.220). • Dear Sir or Madam: The Kodiak Island Borough Planning and Zoning Commission at their meeting on October 16, 2013 moved to affirm the Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff memorandum as "Findings of Fact"for Case No. 14-005..The motion passed. The findings and conclusions are as follows: [I) A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. [2] A recreational vehicle is being stored on the property on a regular basis when it is not occupied. [3) A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law(AS.29.40.040). [4] A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore,no conditional use permit can be issued. [5] Zoning compliance has not been issued to establish an outdoor storage use on the property. CASE #14-005 PACKET(REV) BOARD OF ADJUSTMENT Page 10 of 39 Under KIB Code 17.215.020, the decision of the commission is final unless an appeal of the decision is made within ten (10) working days after the decision by the commission to the board of adjustment. An appeal is commenced by filing with the borough clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee, The Clerk's Office can be reached at 486-9310. If you have any questions regarding the decision of the Commission, please feel free to contact the Community Development Department at(907)486-9363. Sincerely, Robert H. Pederson,AICP Director, Community Development Dept. CC: Kelly and Angela Huffaker CASE#14-005 PACKET (REV')i BOARD OF ADJUSTMENT 1 Page 11 of 39 P KOOIAK ISLAND BOROUGH a • r COMMUNITY DEVELOPMENT DEPARTMENT I ."'"4,:41144 P&Z October 16,2013 D -;x . PUBLIC HEARING ITEM:7 E 0,1 ALA61(A ; STAFF MEMORANDUM Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT ITEM TITLE: Case 14-005. An Appeal of an Administrative Decision ordering: 1)cessation of use of a recreational vehicle (RV)as a dwelling unit, and 2)outdoor storage of an RV not incidental and subordinate to the hotel use. Airport Lease, Lot 1 & 2,Block 1400, United States Survey 2539, 1395 Airport Way, Kodiak,AK 99615 (KIBC 17.220). RECOMMENDED ACTION: Staff recommends that this appeal does not provide any basis in code or new information to justify the reversal of the director's determination, as reflected in the Notice of Violation and Order dated July 24, 2013. It is recommended that the Commission deny the appeal and affirm the director's determination in this case. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation,the appropriate motion is: Move to affirm the Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not Incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff memorandum as "Findings of Fact" for Case No. 14-005. Case No.14—005 Summary Statement CASE #14-005 PACKET (REV), BOARD OF ADJUSTMENT Page 12 of 39 re- Kid Location & Zoning Map too E s Image Overlay Request;+An Appeal of anrAdministrative Decision Case No. 14'-005 ordering the cessation of the use.of a recreational; Applicant:,The Kishan,Groupl l vehicle (RV).as a dwelling unitatfoutdoor' t Kell t and G1 orage of-an G /not incidental antl subordinate to the hotel-use on Airport-Lease,awn Block I 1400, United StatesiSurvey,2539(KIBC 2/)220). V , ,_r Iy(27`1 \`ir .° y Z id *a 91P a s '•% .d`61'•6 Legend ,/' . , Subject Parcel - Business Zoning a4 ea c 47 •• 'taateau, • ilsa112 r a j $253e �`r 4 aka A 000o ayP/P2--''+er y,�y� ap a a_� 1' J 2 F py0i Y a y-,. j cIt . a . � `fit+.:4U�`o°Oxaag �a I' —._ -_--- d0y- " `r' 1' '-- e .4 1 e I a C a r �r / yr 0 tine t. oo: r( I/ Zoning Legend . Public Use Lands EEO Rural Residential 1 r k 11 Multi Family Residential ® Light Industrial ®Watershed Q Rural Residential 2 9: J)Business WE Rural Neighborhood Commercial Conservation . Single Family Residential PM Retail Business rzi Urban Neighborhood Commercial _.7 Rural Residential Two Family Residential MIS Industrial ® Natural Use Kodiak Island Borough GIS Community Development Department auras Access Roads haP'lhvnw.kodiakak.us/b 907 aea.977T The hap Is povaed tot idomatiavi payouts g t ) only and a nollntonded la any legainansanubmt 771 LIncomuvcted Right of Ways Case No.14.005 Lntreductlon Paget of 2 CASE#14-005 PACKET(REV), BOARD OF ADJUSTMENT I Page 13 of 39 „linage Overlay ,a.Request: An Appeal of an Administrative Decision j 14-005, ` ordering the cessation of'the use Wei recreational l I Applicant:The Kishan Group Inc. ctilljklbage dwelling unit and outdoor - 1 Agent: Kelly and storageaof 51-07(020 incidental and subordinate l hotel use(• Airport Block t (s 1400, Unitedl 2539(KIBC 147.220). di ` �,n^^ a «fi ,- ;eV r ,- >.,.�u�'fF :r �{,yuy...,, '•ry—Y•,--'^,)�- '7 x i.1,>i-t� ?n �¢4 r 9 L hr.... . 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' rer,4 w '")--.....c'44'` "c'3' #441,-.41 ,—.—c. . .0 t2,1_, 1 Image Overlay Legend OM Fat 1 w 14 PO s e ` r;° k 5° O Subject Parcel S Kodiak Island Borough GIS Community Development Department http'mm.kodlakak.usigis 1907)486-9337 Tin map h"eroded fa HOrmmlwul p.pmes way emu not HentOd la any legal,♦pnerredma. Case No.14-005 Introduction Page 2 of 2 CASE #14-005 PACKET (REV)1 BOARD OF ADJUSTMENT Page 14 of 39 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT t ' P&Z October 16,2013 PUBLIC HEARING ITEM:7 E $ S ALASXA -<' STAFF MEMORANDUM DATE: October 4,2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the October 16, 2013"Regular Meeting CASE: 14-005 APPUCANT: Th'e Kishin Group Inc. AGENT: Kelly and Angela Huffaker REQUEST: An Appeal of an Administrative Decision ordering the cessation of the use of a recreational vehicle (RV)as a dwelling unit and outdoor storage of an RV not Incidental and subordinate to the hotel use on Airport Lease, Lot 1& 2, Block 1400, United Stites Survey 2539 (KIBC 17.220). LOCATION: 1395 Airport Way, Kodiak,Alaska 99615. The'department mailed eight(8) public hearing notices on September 11, 2013. Date of site visit: Various 1, Zoning History: The 1968 Comprehensive did not address this area. KIB Ordinance No.77-15-0 zoned the area C-Conservation. KIB Ordinance No.93-03 rezoned the subject parcel to B-Business. 2. Lot Size: 61,920 square feet 3. Existing Land Use: Hotel 4. Surrounding Land Use and Zoning: 1 North: USS 2539, USCG Base Use: Institutional (USCG Base) Zoning: C-COnservation South: Airport Cease, Lot 6A, Block 1600, USS 2539 Use: Airport(Parking) Zoning: LI-Light Industrial East: Airport Lease, Lot 3A, Block 1400, USS 2539 Use: Airport(Car rental) Zoning: LI-Light Industrial West: Airport Lease, Lot SA, Block 1600, USS 2539 Use: Airport(Private Hangar) Zoning: LI-Light Industrial Case No.14—005 Staff Memorandum Page 1 of 6 CASE#14-005 PACKET(REV), BOARD OF ADJUSTMENT Page 15 of 39 KODIAK ISLAND BOROUGH 5. �y .. COMMUNITY DEVELOPMENT DEPARTMENT ;7:3 P&Z October 16,2013 Qi.:4 `:11- �.1 PUBLIC HEARING REM:7 E 0 '' '* STAFF MEMORANDUM 'L ALASKA 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan designates this area as Industrial. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Chapter 17.220 APPEALS TO THE PLANNING AND ZONING COMMISSION 17.220.010 Persons who may appeal. Applicants subject to the following written decisions of the community development department director may appeal the decision to the commission: A.The denial of zoning compliance; and B.The issuance of an order or administrative decision under KIBC 17.210.010(A). 17.220.050 Decision. A.The commission shall either affirm or reverse the decision of the community development department director in whole or in part. If the commission fails to approve the reversal of the community development department director's decision,that decision is affirmed. B. Every decision of the commission to affirm or reverse an action of the community development department director shall be based upon findings and conclusions adopted by the commission. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. C.The commission's decision affirming or reversing the decision of the community development department director shall be mailed to the parties to the appeal within five working days after the appeal decision and approval of findings of fact. Chapter 17.25 DEFINITIONS 17.25.050 D definitions. "Dwelling"means a building, or any portion thereof, designed or used exclusively for residential occupancy including one-family, two-family, and multiple-family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one family for living or sleeping purposes, and in which not more than two persons are lodged for hire. 17.25.090 H definitions. "Hotel" means any building or group of buildings in which there are six or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging,or both, on a day-to-day basis. Case No.14—005 Staff Memorandum Page 2 of 6 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 16 of 39 KODIAK ISLAND BOROUGH —,,, r COMMUNITY DEVELOPMENT DEPARTMENT I r P&Z October 16,2013 ,-• t>� PUBLIC HEARING ITEM:7 E 0, "' ' STAFF MEMORANDUM �l ALASKA �. 17.25.160 0 definitions. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. 17.25.190 R definitions. "Recreational vehicle" means a vehicular-type unit primarily designed as living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and does not exceed eight feet in width or 35 feet in length. Examples of recreational vehicles are travel trailers,camping trailers,truck campers, and motor homes. Chapter 17.90 B—BUSINESS DISTRICT 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A.Accessory buildings; V.Offices; B.Assembly halls; W.Outdoor storage; C.Art galleries; X.Printing shops; D.Automobile repair garages and dealerships; Y.Professional offices and clinics; E.Banks; 2.Public parks and open spaces; F.Building material suppliers; AA.Recreational related uses; G.Dry-cleaning establishments; BB.Retail stores and services; H.Eating and drinking establishments; CC.Single-family and two-family dwellings, if I.Fraternal organizations and private clubs; located within a structure containing a permitted business use, not exceeding 50 percent of the area J.Funeral parlors; of the structure, and not located on the street level K.Gasoline service stations; of the structure except that an owner-occupied single-family dwelling may be allowed within a L.Government offices; street level business structure, so long as the NLHotels; residential portion is predominantly located in the rear of the structure (away from the commercial N.Laundry establishments; building facade(s) for corner and multi-frontage 0.Libraries; lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and P.Machine shops; there• is no indication, other than a separate Q.Marinas and boat moorage; entrance on.the street level building facade, that a' residential use is located within the structure; R.Mini-warehouses; S.Motels; DD.Theaters;and EE. Radio stations. T.Multiple-family dwellings; U.Museums; Case No.14—005 Staff Memorandum Page 3 of 6 CASE #14-005 PACKET (REV), BOARD OF ADJUSTMENT Page 17 of 39 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT -' W _L' P&Z October 16,2013 D �V'sm PUBLIC HEARING ITEM:7 E O .- *>"""2�•' STAFF MEMORANDUM 3 ALASKA 1} 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; and D.Warehouses. Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17.15.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.080 Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. Chapter 17.210 ENFORCEMENT, PENALTIES AND REMEDIES 17.210.010 Administrative enforcement action. A.The zoning officer may order: 1.The discontinuation of unlawful uses of land or structures; 2.The removal or abatement of unlawful structures, or any unlawful additions or alterations thereto; 3.The discontinuation of construction or other preparatory activity leading to an unlawful structure or an unlawful use of a land or structure; 4. When necessary to ensure compliance with this title, the suspension or revocation of building permits, variances, or other borough land use entitlements. B.Upon complaint by a citizen, or upon his own initiative, the zoning officer may, after investigation, initiate criminal proceedings against any person for the violation of this title. Except for prosecutions for failing to comply with an order issued under subsection A of this section, the zoning officer shall give at least 10 days' written notice of intent to prosecute, and may initiate criminal proceedings only if the violation is not cured within the notice period. Case No.14-005 Staff Memorandum Page 4 of 6 CASE#14-005 PACKET(REV)1 BOARD OF ADJUSTMENT I Page 18 of 39 P - KODIAK ISLAND BOROUGH ./ •' C0MMUNI DEVELOPMENT DEPARTMENT - •.., P&Z October 16,2013 a' PUBLIC HEARING ITEM:7 E 3 ALASKA STAFF MEMORANDUM COMMENTS This request seeks reversal of a July 24, 2013 administrative decision finding a zoning violation on Airport Lease, Lots 1 & 2, Block 1400, United States Survey 2539. The site Is at 1395 Airport Way, Kodiak, Alaska 99615. The administrative decision determined the evidence supported the allegation contained in the written complaint dated November 26, 2012'. The complaint alleged a violation of the B-Business Zoning District regulations by using a recreational vehicle (RV) as a dwelling unit on the property. Staff investigation found that the Mr. and Mrs. Huffaker (hotel managers and agents for this request) are using their RV as a dwelling unit on the property on a seasonal basis. Staff also determined that the IW is being stored on the property during the months of the year that the managers are not in the Kodiak area. Staff determined that: 1) use of an RV as a dwelling unit, and 2) outdoor storage of an RV without zoning compliance constitute violations of Borough code. These violations were noted in a Notice of Violation and Order dated July 24,20132. In the written notice of appeal, Mr. Huffaker does not dispute the use of an RV as a dwelling unit on the property. He states that the RV has been used as a dwelling unit on the property for a number of years with no complaints pertaining to that use. He proposes the violation be abated through the variance or conditional use process,which he believes could allow the use of the RV as a dwelling unit on a defined temporary basis. In this case, neither a variance or the conditional use process are appropriate procedural actions to abate the violation. A variance proposed by the petitioner would be a"use"variance. Use variances are illegal as a matter of Alaska state law(AS.29.40.040). The use of an RV as a dwelling unit is not listed as a conditional use in the B-Business Zoning district(KIBC 17.90.030);therefore, no conditional use permit can be issued for that use. In the written notice of appeal, Mr. Huffaker disputes staffs determination that the storage of his RV on the property meets the definition of Outdoor Storage (KIBC 17.25.160). He states that as general manager of the property's hotel, he is required by his employer to live on site and that the hotel is his residence. As such,he questions why he would not be able to store his RV on the property. The only established use on the property is that of a hotel. Hotel guest rooms are not intended to be used as dwelling units; they are intended to be used for the purpose of offering lodging to the general public on a day to day basis (KIBC 17.25.090). Although the B-Business Zoning District allows single- family and two-family dwellings to be located within a structure containing a permitted business (KIBC 17.90.020.CC), zoning compliance has not been issued to establish such a dwelling unit within the hotel. The fact that no legal dwelling unit has been established on the property, combined with Mr. and Mrs. Huffaker's confirmed prohibited use of an RV as a dwelling unit on the property(rather than the hotel), led staff to determine that the hotel does not qualify as the agent's residence. Due to this,the storage of the Huffaker's RV on the property during the months they are away from the Kodiak area has been determined to be outdoor storage that is not Incidental and subordinate to the hotel use. Staff concludes that this request for appeal of the administrative decision provided in the Notice of Violation and Order dated July 24,2013,has no basis or merit,in fact or circumstance. I Appendix pg.1 of 6 1 Appendix pg.2-6 of 6 Case No. 14—005 Staff Memorandum Page 5 of 6 CASE #14-005 PACKET(REV) BOARD OF ADJUSTMENT } Page 19 of 39 PN.e,edq, KODIAK ISLAND BOROUGH • '` - COMMUNITY DEVELOPMENT DEPARTMENT 4y P&Z October 16,2013 a`� .•�'=` PUBLIC HEARING ITEM:7 E Y nlsaua''�'- STAFF MEMORANDUM RECOMMENDATION Staff believes that this appeal does not provide any new information to justify the reversal of the director's determination, as reflected in the Notice of Violation and Order dated July 24, 2013. It is recommended that the Commission deny the appeal and affirm the director's determination in this case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to affirm the Administrative Decision ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff memorandum as"Findings of Fact"for Case No. 14-005. Staff recommends that this motion be approved. FINDINGS OF FACT [1) A recreational vehicle is being used as a dwelling unit on the property on a regular basis each summer season. [21 A recreational vehicle Is being stored on the property on a regular basis when it is not occupied. [3) A variance is not an allowable option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not permitted in the B-Business Zoning District; therefore, any variance permitting that use would be a "use" variance. Use variances are illegal as a matter of Alaska state law (AS.29.40.040). (41 A conditional use permit is not an appropriate option to permit the continued use of a recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional use in the B-Business Zoning district; therefore, no conditional use permit can be issued. [5) Zoning compliance has not been issued to establish an outdoor storage use on the property. Case No.14—005 Staff Memorandum Page 6 of 6 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 20 of 39 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT ZONING VIOLATION COMPLAINT FORM I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt,and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occurring: LAS 5-;°\ WK 1i- D1) CI I -3/4- a ft)P LERCE Street Address: \ 311(S AIfe0e.: " "WA Zoning: 1\)-- I,usIN.Ac5s Property Owner of Above Property Tenant of Above Property (Name&Mailing Address) (If applicable) TIME. t YikL) GfOP WE_ -,AMl 56Sl S. ulg(,\n)i.4 5T. y-F , N V S1 Soa Telephone: Telephone: Complaint: (Must specifically state the nature, circumstances &/or reason for the complaint,and the relief sought) QCV-Sc (;s R ':>tDt)\t (r 1N) L}WJ E c.V \tip ?A P1.1KX9 I Dr" 6E \--VaT i 3 o f -bf ER.T L? Complainant(Print Name&Mailing Address): C.)1 Li_ lit N to, t6X 'S 284 Staff Accepting Complaint: Telephone ti: (• •J.) 5 j 's 319 'Date: ` /2 Signaturep; ). .. !J! Community Development Department,Room 205,710 Mill Bay Rd, o IE,G W4E'-91353\ ( NOV 2 6 21012 CC.IMUNITY DEVELOPMENT DEPARTMENT Case no.14-005 Appendix Page 1 of 6 CASE#14-005 PACKET(REV)I BOARD OF ADJUSTMENT Page 21 of 39 * * Kodiak Island Borough fta. � Community Development Department * a ,'57-.yam'' '�i 710 Mill Bay Road ' '��' 1.11. Kodiak, Alaska 99615 !'o" Phone (907)486-9363 Fax (907)486-9396 r•- www.kodiakak.us r :- July 24,2013 Notice of Violation and Order. Via: Certified Mali—Return Receipt Requested Receipt No: 7007 0220 0001 4423 8219 Reference: USS 2539 BK 1400 LT 1 &2 (NP Lease)1 1395 Airport Way, Kodiak,AK 99615 Zoning: B-Business Zoning District The Kishan Group Inc. 5851 South Virginia Street Reno, NV 89502 Dear Mr. Johal, On January 14, 2013, the Community Development Department„;provided you with correspondence advising you that your hotel general:manager's use of a"recreational vehicle (RV) as a dwelling unit on your above identified property,was contrary to the4_equirements of Kodiak Island Borough Code. That correspondence acknowledged that the RV had since been vacated and advised you that any noted`futrire use of RV's±as dwelling units on your property would result In the posting of a formal Notice of VViolation:arid Order. The RV in question continued to be stored (ungtpted) on your property from mid-December 2012 through early June, 2013(when your;hotel general managers where away from the Kodiak area). On June 12, 2013, quillepartment,noted thaltthe,RV appeared to again be occupied as a dwelling unit (photos enclosed). To inquirefiaboutithe\use of that RV, we contacted your hotel's general managers; Mr. Kelly and Mrs.Angie Huffaker. During that contact, Mr. Huffaker confirmed that he and Mrs:Huffaker were residing in the RV. Kodiak Island Borough Code",17.90.020 (Business Zoning District Permitted Uses) does not list the use of RKRVssyasadwelling'un> as a permitted‘use for the Business Zoning District. Although not listed as a;pennitted use, K.I.B,Code does,ailow for the occupation of RV's as dwelling units within therAiness Zoning District under,the'foIlowing circumstances: 1. Whence property has been established as Recreational Vehicle Park (a Business Zoning District conditional use listed in K.I.B. Code 17.90.030) by the issuance of a valid Conditional Use Permit as prescribed by K.I.B. Code 17.200 (Conditional Use Permits). 2. When a.property owner has been issued a Zoning Compliance Permit authorizing the use of an RV as atemporary dwelling unit during the construction of a permanent dwelling unit as prescribed by ti folldwing'K.I.B.Title 17 Code: 17.165.050 Recreational vehicles on individual lots. A. Recreational vehicles may be used as dwelling units on individual lots when they are used in conjunction with the construction of a permanent dwelling unit. They may be located on an individual lot for a period of not more than 180 days.A one-time extension \dove\depanments\CD\CD-17 Properly Files\UnIted Stales SurveystUSS 25391Kadiak Stale AirportlBK 1000 LT 162\Comfort Inn Violalion,docx Page 1 of 5 Case no.14-005 Appendix Page 2 of 6 CASE#14-005 PACKET (REV)I BOARD OF ADJUSTMENT .) Page 22 of 39 of up to 180 days will be permitted by staff if there has been substantial progress made towards the completion of the permanent dwelling unit. Recreational vehicles shall be completely vacated at the expiration of this time limit. 1. No certificate of occupancy shall be Issued for the permanent dwelling unit until the recreational vehicle is vacated, in conformance with all applicable regulations. 2. Any recreational vehicle used as provided for in subsection A of this section is required to be connected to either the public sewer and water system or an individual on-site septic system and well. None of the required permits have been issued to authorize the use often RV as a dwelling unit on the site in question; accordingly,the use of an RV on your property is prohibited pursuant to following K.I.B. Title 17 Code: 17.15.080 Uses prohibited unless authorized. ;. Land uses not listed as a permitted use in a district are prohibited. 4, f?Tx Furthermore, the current established use of your property.isItl atlsf;a.hotel. Any outdoor storage of items on the property must be incidental and subordinatelo+that hotel use (such as the storage of items that support the hotel use or items owned by ovemighttpatrons of the hotel). The storage of the RV in question is only incidental d subordinate to yourp perty's hotel use when the owners of that RV are residing inyour hotel.\When the owners areinot residing in your hotel, the storage of that RV constitutes the use o&Your property for outdoor storage. Although K.I.B. Code 17.90.020 doess'itst outdoor storage as a Business Zoning District permitted use, such use has not been estabfj�ted on,,your property by the issuance of a Zoning Compliance Permit as required by the following?ldl:B Tife 17 (Zoning), Chapter 17.15(General Provisions and Use RegulatiorrCode; t, 17.15.060 Zoning compliance.. th, Zoning compliance isfigruired for site grading (excavvation and fill), erection, construction, establishment, moving alteration, enlargement, rep`aft or conversion of any building or structure in any districlestablished by this title, subject to the following: A. An application fo`zoning compliance&will be filed with the community development department. a form by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued.sArr uilt o%the properly may be required to ensure that applicable requirements can be met, when existing structures am located on the property. Any zoning`+c? mpliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adop-d under K/BC 105.020). P The observed prohibited use of an RV as a dwelling unit on your property and the unpermitted use of your property for outdoor storage are contrary to the requirements of the following K.I.B. Title 17 Code: 17.15.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. Accordingly, you are hereby noticed that a violation of Kodiak Island Borough Code 17.15.020 exists on the property described as USS 2539 BK 1400 LT 1 & 2 (NP Lease) aka 1395 Airport Way, Kodiak, AK. Page 2 of 5 Case no.14-005 Appendix Page 3 of 6 CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 23 of 39 With the authority found in Kodiak Island Borough Code 17.210.010: The Kishan Group Inc.is ordered to take the following actions On the property described as USS 2539 BK 1400-1.:T:1 8'2 (PIP Lease)'aka 1395 Airport Way,.KOdiak;v.K; 1. Cease the use of recreational vehicles asTlwellingunits. 2. Cease the outdoor storage of RV's that are not Incidental and Subordinateto the r. property's'estab'lished hotel use. According to standard policy, a thirty(30)day deadline (from the date of this correspondence)is now established by administrative decision for The Kishan Group Inc.to abate this violation and to achieve compliance with the applicable zoning district standards. Failure to comply with the orders of this notice by August 23„-2111-3,t111 result in the further enforcement action required to ensure such compliance. That enforcement action will include the forwarding of this file to the Borough Attorney for possible legal action that may subject the property owner(The Kishan Group Inc.) to the penaltes-and remedies prescribed by the following K.1.8. Title 17 Code: 17.210.030 Penalties and remedies. A. A person who violates any provision- of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than$300.00, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), ,or any term or condition of a conditional use, variance or other entitlement Issued under this chapter; or':to obtain„damages for any injury the plaintiff suffered as a result of a violation. An action%r injunction under this section may be brought notwithstanding the availability of any other-remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, 'any order Issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The;penalties provided fo`r violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. In the event that you disagree with this determination, you have certain rights of appeal as prescribed by the following K.I.B.Title 17 Code: 17.220.020 Commencement of appeal—Stay. A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. Page 3 of 5 Case no.14-005 Appendix Page 4 of 6 CASE#14-005 PACKET (REV), BOARD OF ADJUSTMENT ) Page 24 of 39 For your review, copies of the applicable sections of Kodiak island Borough Code are included with this correspondence. Please feel free to contact me at(907)486-9364 with any questions or concerns you may have regarding this matter. Respectfully, Jack L. Maker,Code Enforcement Officer r3 ,eta Cc: Mr. Bob Pederson,Director,Community Development Department Mr. Bud Cassidy,Manager, Kodiak Island Borough I Mr.Joe Levesque, Borough Attorney I":, Planning&Zoning Commission *4 � ,_: . _.. Mr.Kelly and Mrs.Angie Huffaker,General Managers, Kodiak'Comfort'Inn;`.. Complainant "' �'a t ^ *.o File: USS 2539 BK 1400 LT 1 &2(AP Lease) r -f--, ,` -4, \- Enc: Kodiak Island Borough Code Title 17(applicable portions), ootos 'r 4 4` i-C-I 5` t (.'�1,` gAY�v ti C6+}(Y `4 �, S ' r N` 1.::5,41 a 1 ;04 Psa- ;ice-., '44 '1.; ;"s'` d � '4,1i".! ,, r FS•% .eke.'' 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RV being used howing the R photos showing as a dwell ng Page 5 of 5 Case no 14-005 Appendix Page 6016 CASE#14-005 PACKET(REV) BOARD OF ADJUSTMENT Page 26 of 39 Kodiak Island Borough Community Development Department submrny_E—maltti e.. r=- 710 Mill Bay Rd. Rm 205, Kodiak,AK 99615 aRrinflarTh ;,,; ? cr. titer Ph. (907)486-9362 Fax(907) 486-9396 http://www.kodiakak.us Administrative Request Applicant Information; Property Owner/Applicant: The Kishan Group Inc Mailing Address: 5651 South Virginia Street,Reno,NV 89502-6022 Phone Number. (775)575-4452 Other Contact email,etc.: Agent&/or Surveyor: Kelly and Angela Huffaker Mailing Address: 1395 Airport Way,Kodiak,AK 99615 Phone Number. (907)4B7 2700 Other Contact email,etc.: comfortinnkodiak@gcl.net Nature/Purpose of Request: Appeal to P&Z Commission KIBC 17.220 Property Information; Legal Desolptiorc Subdv: US$2539(A/P Lease) Block 1400 tat 1&2 Current Zoning: Business NBC 17.90 Applicable Comprehensive Plan: 2009 Kodiak Island Borough Comprehensive Plan Present Use of Property: Hotel I am providing additional Information in the form of: Additional Narrative/History: YES As-built Survey: NO Maps: NO Photographs: NO Other: NO C0c Date: 8./q. t3 _ Signature: /� A ' r1) Payment Verification Fee Payable in Cashier's Office 'oom 0 104` .in floor of Borough Building guG O 9 2013 Reconsideration of P&Z Commission Decision KIBC 17.215 r KODIRQQSLANDBOROUGH Appeal to P&Z Commission KIBC 17220 �. Bb N6E.9WARTMENT P&Z Commission Site Plan Review KIBC 17.130.020 F. $150.00 P&Z Commission Screening Approval KIBC 17.105.060 r. $150.00 Title 18 Land Disposal Review KIBC 18.20,060 A r $350.00 Postponement at Petitioner's request-Public Hearing item r $100.00 Postponement at Petitioners request-Non-Public Hey Item r $ 25.00 Other (- $150.00 Date: CDD Staff: Case No.14-005 Application Page 1 of 4 •.J CASE #14-005 PACKET (REV)) BOARD OF ADJUSTMENT ) Page 27 of 39 Mr.Bob Pederson,Director Kodiak Island Borough Community Development Department 710 Mill Bay Rd Kodiak,Alaska 99615 Dear Mr.Pederson, I am the General Manager for the Comfort Inn which is located on USS 2539, BK 1400, Lots 1&2 aka 1395 Airport Way, Kodiak Alaska. We recently received a Notice of Violation and Order from your Department regarding the use of my travel trailer as temporary housing on the above referenced property owned by my employer. I want to appeal this Order on the grounds that it affects my welfare, the welfare of my employer and the welfare of the Borough. As you are aware the Borough's main responsibilities are to protect the Health, Safety and Welfare of the community. Welfare is defined as "Prosperity". As General Manager of the Comfort Inn, I am required by my employer to live on site.They only have one apartment for this purpose which we use In the winter months. During the tourist months (May through November), like the canneries, we hire transient workers to perform domestic services. The housing for these workers would either require the use of sellable rooms or as we have chosen the use of the existing apartment. If we were to use rooms that are available for general rental, we would not only be losing revenue but the Borough will lose bed tax revenue. What we are in need of is a form of temporary housing which the travel trailer supplies. For a number of years now we have used the travel trailer as our living quarters without any complaints. Until a disgruntled and vindictive citizen looking to permit a RV Park listed our use in a complaint to justify their position. We have been living In the trailer safely by getting our water from the hotel and have a contract with the local septic pumping service to pump our septic tank regularly. I find it odd that the City Code (KCC 14.20) has a process for this type of subordinate use on private property but the Borough does not. As for the complaint regarding outdoor storage, I could fully understand the Borough's position if we were supplying storage for persons other than hotel guests i.e. third party storage. But this is my residency where I receive my mail, my home.Why as this being my home I am not allowed to store my vehicles on this property does not make any sense.The next thing I can expect is the car I drive will be considered outdoor storage also. I am the same as any resident in the Borough who has personal property that Is kept at my residence. I have previously stated the reason for my appeal. RIB 17.220.020 also states that I must state what relief is sought. I believe that through either the variance process or the conditional use process we can find reasonable common ground that will be beneficial to the prosperity of both the Borough and the Comfort Inn. That we can find a frame work by which this trailer is allowed to be used as temporary housing on a set temporary basis. To this effort I will avail myself. Please contact me if you need any further clarification. 120Sincerely, Mr. Kelly uffak eral Manager Comfort Inn Kodiak Case No.14.005 Application Page 2 of 4 CASE #14-005 PACKET(REV) BOARD OF ADJUSTMENT Page 28 of 39 Jack Maker From: ranjitJohal <randysjo79@yahoo.com> Sent: Thursday,August 08,2013 11:55 AM To: Jack Maker Cc: Comfort Inn Kodiak Subject Appeal, r'_} - I !J •.t Attachments: Agent Letter to Borough-1.doa H .s AUG - 82013 1 Maker Please fmd my letter on the matter at the Comfort Inn. CC.VI:411Y RvY!0.;T: Ranjit S.Johal 1 Case No.14-005 Application Page 3 of 4 CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 29 of 39 To:Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak,Alaska 99615 Re:Appeal to P&Z Commission KIBC 17.220 Mr. Pederson, Please be advised that Kelly and Angela Huffaker have full authority to act as agents for the Kishan Group in the matter of the Appeal to P&Z Commission KIBC17.200. Best Regards, Ranjit S.Johal President Kishan Group Inc. i.: 1. '., 1 tl, AUG - S 2013 cc..:.bdl'.y E_ at'::I' Case No.14-005 Application Page 4 of 4 • CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT ) Page 30 of 39 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT c y P&Z October 16, 2013 o� ALA PUBLIC HEARING ITEM: 7 E PUBLIC COMMENT Kodiak Island Borough Planning and Zoning Commission PUBLIC COMMENT ITEM TITLE: Case 14-005. An Appeal of an Administrative Decision ordering: 1)cessation of use of a recreational vehicle(RV) as a dwelling unit, and 2)outdoor storage of an RV not incidental and subordinate to the hotel use. Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539, 1395 Airport Way, Kodiak, AK 99615 (KIBC 17.220). The department mailed eight (8) public hearing notices related to this request on September 11,2013. The department has not received any written comments related to this request. Case No. 14—005 Public Comment CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 31 of 39 A * j�'tr. . Kodiak Island Borough a * �_';:-'; Community Development Department � �' 710 Mill Bay Road Room 205 r €' ? r a Kodiak,Alaska 99615 ., *Ter,' 4 Phone(907)486-9363 Fax(907)486-9396 ' www.kodiakak.us September 11,2013 The Kishan Group Inc. 5851 South Virginia Street Reno,NV 89502-6022 Re: Case 14-005. Request an Appeal of an Administrative Decision, per KIBC17.220, ordering the cessation of the use of a recreational vehicle(RV) as a dwelling unit,and,the outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539. Dear Mr. Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 16, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, October 9, 2013 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however,the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance,thank you for your cooperation. Sincerely, Cel li-de.la Sheila Smith, Secretary Community Development Department CC: Kelly&Angela Huffaker CASE #14-005 PACKET (REV): BOARD OF ADJUSTMENT Page 32 of 39 r ' KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 September 11,2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 16, 2013. 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: 14-005 APPLICANT: The Kishan Group Inc. AGENT: Kelly and Angela Huffaker REQUEST: An Appeal of an Administrative Decision,per KIBC17.220, ordering the cessation of the use of a recreational vehicle (RV) as a dwelling unit, and, the outdoor storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot I & 2, Block 1400, United States Survey 2539. LOCATION: 1395 Airport Way ZONING: B-Business 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 mm on Tuesday,October I, 2013 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 ;n5mith(adtodiakalcus. 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,October 9,2013,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(ii 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: • • CASE#14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 33 of 39 'Location Request an Appeal of an Administrative Decision, per 1395 Airport Way KIBC17.220, ordering the cessation of the use of a Case 14-005 recreational vehicle (RV) as a dwelling unit, and, the Applicant outdoor storage of an RV not incidental and subordinate Kishan Group Inc./ to the hotel use on Airport Lease, Lot 1 & 2, Block 1400, Kelly & Angela Huffaker United States Survey 2539. -•f —^IShem.anSs•idt4C�� . YI e * rr @ �°; gA $ �I ICI Q;�meter Sheet• 6 ' ' ton-.scam. 8s• �'' O ,` `ud° sto fs` I. ••• -1aA\V?aV.� sal.... ..,•` rsi'sa�asas;se Re� esss6 I W. • • ✓ ir i • ~�� ,� .� Y 1� �...f f�a-- � c-:'Buskin Nail.Roes rill 5 16:4;4a41 .' r O®• P st,,I. ,,,6 _.".- ,.--w 1 RsaRf cs oda a e ? Opdn Arenue ° ...,....._ esss.sa-eiar e- sese . *44�\ O , ‘ s. YY Public Hearing Notice I Legend N Feet Q Notification Area wall E • 0 650 1.300 2,600 C] Subject Parcel 14 Kodiak Wand Borough GIS Community Development Department =an Access Reads hnplhw.i kodlakek.usigi6 (907)486-9337 Tvs maps provided for Inform:110Vpuaoee. ply end's not'Mended lee arty legal rapmuntedona. UneonsWcted Right of Ways • CASE #14-005 PACKET (REV)) BOARD OF ADJUSTMENT Page 34 of 39 THE KISHAN GROUP,INC ROLAN RUOSS BRENT ARNDT 5851 S.VIRGINIA ST PO BOX 1371 PO BOX 1066 RENO,NV 89502 KODIAK,AK 99615 KODIAK,AK 99615 GARY PETERSON STATE OF ALASKA WINGSPAN PROPERTIES LLC P.O.BOX 1221 DEPT OF TRANSPORTATION&PUBLIC 1834 MISSION RD KODIAK,AK 99615 FACILITIES KODIAK,AK 99615 4111 AVIATION AVENUE ANCHORAGE,AK 99519 UNITED STATES COAST GUAR KELLY&ANGELA HUFFAKER P.O.BOX 5 1395 AIRPORT WAY KODIAK,AK 99619 KODIAK,AK 99615 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 35 of 39 first_name last name Mail Line_ Mail_Line1 Mail_City Mail_State Mail Zip THE KISHAN GROUP, INC 5851 S.VIRGINIA ST RENO NV 89502 ROLAN RUOSS PO BOX 1371 KODIAK AK 99615 BRENT ARNDT PO BOX 1066 KODIAK AK 99615 GARY PETERSON P.O. BOX 1221 KODIAK AK 99615 STATE OF ALASKA D.O.T&PUBLIC FACILITIES 4111 AVIATION AVENUE ANCHORAGE AK 99519 WINGSPAN PROPERTIES LLC 1834 MISSION RD KODIAK AK 99615 UNITED STATES COAST GUAR P.O. BOX 5 KODIAK AK 99619 KELLY&ANGELA HUFFAKER 1295 AIRPORT WAY KODIAK AK 99619 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 36 of 39 IrQ5ubinit b`y,Ema i lC) Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205, Kodiak,AK 99615 er = } rritFor(n` r.;_ Ph. (907) 486-9362 Fax(907)486-9396 ( P http://www.kodiakak.us Administrative Request Applicant Information; Property Owner/Applicant: The Klshan Group Inc. • Mailing Address: 5851 South Virginia Street,Reno,NV 89502-6022 Phone Number. (775)5754452 Other Contact email,etc.: Agent&/or Surveyor Kelly and Angela Huffaker Mailing Address: 1395 Airport Way,Kodiak,AK 99615 Phone Number: (907)487 2700 Other Contact email,etc.: comfortinnkodiak @gci.net Nature/Purpose of Request: Appeal to P&Z Commission KIBC 17.220 Property Information; Legal Description: Subdv: USS 2539(A/P Lease) Block 1400 Lot: 1&2 Current Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: 2008 Kodiak Island Borough Comprehensive Plan Present Use of Property: Hotel I am providing additional information in the form of: Additional Narrative/History: YES ! As-built Survey: NO Maps: NO Photographs: NO Other: NO G�9 Date: sig I 13 Signature: L 1 PA 11 is Payment Verification Fee Payable in Cashier's Office Dorn#104- in floor of Borough Building AUG 0 9 2013 Reconsideration of P&Z Commission Decision KIBC 17215 r KC1l MQ9SLAND BOROUG H Appeal to P&Z Commission KIBC 17.220 REVA140 9EPARTMENT P&Z Commission Site Plan Review KIBC 17.130.020 r $150.00 P&Z Commission Screening Approval KIBC 17.105.060 r 5150.00 Title 18 Land Disposal Review KIBC 18.20.060 A r $350.00 Postponement at Petitioner's request-Public Heating Item r 5100.00 Postponement at Petitioner's request-Non-Public Hear g item F. $ 25.00 Other r r 5150.00 Date: COD Staff: 0 ' r 1 - OD 5" CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 37 of 39 Mr.Bob Pederson, Director Kodiak Island Borough Community Development Department 710 Mill Bay Rd Kodiak,Alaska 99615 Dear Mr. Pederson, I am the General Manager for the Comfort Inn which is located on USS 2539, BK 1400, Lots 1&2 aka 1395 Airport Way, Kodiak Alaska. We recently received a Notice of Violation and Order from your Department regarding the use of my travel trailer as temporary housing on the above referenced property owned by my employer. I want to appeal this Order on the grounds that it affects my welfare, the welfare of my employer and the welfare of the Borough. As you are aware the Borough's main responsibilities are to protect the Health, Safety and Welfare of the community. Welfare is defined as "Prosperity". As General Manager of the Comfort Inn, I am required by my employer to live on site. They only have one apartment for this purpose which we use in the winter months. During the tourist months (May through November), like the canneries, we hire transient workers to perform domestic services. The housing for these workers would either require the use of sellable rooms or as we have chosen the use of the existing apartment. If we were to use rooms that are available for general rental, we would not only be losing revenue but the Borough will lose bed tax revenue. What we are in need of is a form of temporary housing which the travel trailer supplies. For a number of years now we have used the travel trailer as our living quarters without any complaints. Until a disgruntled and vindictive citizen looking to permit a RV Park listed our use in a complaint to justify their position. We have been living in the trailer safely by getting our water from the hotel and have a contract with the local septic pumping service to pump our septic tank regularly. I find it odd that the City Code (KCC 14.20) has a process for this type of subordinate use on private property but the Borough does not. As for the complaint regarding outdoor storage, I could fully understand the Borough's position if we were supplying storage for persons other than hotel guests i.e. third party storage. But this is my residency where I receive my mail, my home.Why as this being my home I am not allowed to store my vehicles on this property does not make any sense.The next thing I can expect is the car I drive will be considered outdoor storage also. I am the same as any resident in the Borough who has personal property that is kept at my residence. I have previously stated the reason for my appeal. KIB 17.220.020 also states that i must state what relief is sought. I believe that through either the variance process or the conditional use process we can find reasonable common ground that will be beneficial to the prosperity of both the Borough and the Comfort Inn. That we can find a frame work by which this trailer is allowed to be used as temporary housing on a set temporary basis. To this effort I will avail myself. Please contact me if you need any further clarification. Sincerely, O! ''� Mr.Kelly uffakeI' eral Manager Comfort Inn Kodiak CASE#14-005 PACKET(REV) BOARD OF ADJUSTMENT Page 38 of 39 Jack Maker From: ranjit johal <randysjo79 @yahoo.com> Sent: Thursday,August 08, 2013 11:55 AM To: Jack Maker Cc: Comfort Inn Kodiak 1. a rzi iT-- Subject Appeal, L Attachments: Agent Letter to Borough-1.docx I Inl t, AUG - 8 2013 . . 1 Maker Please find my letter on the matter at the Comfort Inn. 08;J;tciln•GElc1r„ Ranjit S.Johal 1 CASE #14-005 PACKET (REV) BOARD OF ADJUSTMENT Page 39 of 39 To:Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak,Alaska 99615 Re:Appeal to P&Z Commission KIBC 17.220 Mr. Pederson, Please be advised that Kelly and Angela Huffaker have full authority to act as agents for the Kishan Group in the matter of the Appeal to P&Z Commission KIBC17.200. Best Regards, Ranjit S.Johal President Kishan Group Inc. © E X4;\1 © 8i '', U 11 AUG - 8 2013 � " CCMMU illyDEVE 0i ZNTCOAr.:t?ii APPEAL HEARING FORM BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). �y] This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. SI79Cj --G: Name: Jot L rt L /9-€ Residence Address: f -- P o '�/Z Q /c) al I Mailing Address: %�� ^�� mss%%—'"- )0_0 - v l ° a-[ lo-oi-ccac_ Comments: 2,0-e- ,(/ll /s pry � G C�7, / J/e_ H f i:e� Jr✓ r �IIL (.(,0-cam / Thi(�/ S C tie-II /l-- UL2 174,tot _ /r. . L 0v1712--k_ 72_11-e-M(5--ems- , tou/L ...�.� ' ■ l ' . al I C-72— -L .e (./ 72�_ I i - Cdr, /' - � _V-�- - /c5 - 4 . 4 1 l�1, -171 at 4( / / ' II : b5 +o1 s6-3 r 4— it b aI j/ / /i1�, Written - 1/ /I /� �, �IIL)t`��Q� ficea 7 0 MillBaycRoad�Room 101, Kodiak, to 996 �—�/I J ` be AK come 996 i ' ' 3 �.. ......en comments submitted on this appeal shall become _ °©, RECEIVED 4g�o ; , t ' 1, i % t:N w NOV 1 4 2013 ` BOROUGH CLERK'S OFF KODIAK,ALASKA Dec 05 13 03108p p.1 1395 Airport Way Kodiak.AK 99615 COMFORT INN 907-43270D 7- KODIAK 977-48aa7-4a47 a�(fax) cornforannkcdiak@gci.r et Fax To: N0V/a ,/B`tJ/C(7q3?/L�� C L€ri - From: V/_/Zf . 1'tUi�PI�IZ Fax: q07- `J D1,- Pages: 15 Phone: /_ Date: Re: C,A S- ,&b Q - 003 cG: Urgent For Review ❑Please Comment ❑Please Reply ❑ Please Recycle RECEIVED DEC - 52013 BOROUGH CLERICS OFF KODIAK,ALASKA • The undersigned business owners/operators located within the airport compound has agreed that the RV parked at 1395 Aiport Way has not interfered or interrupted business in any way. By signing, the business owner/operator located within the airport compound agrees that they would be fine if the RV was to. remain at it's current location. Company Representative. Company Sign Name Print Name Date et,t , `-n. n- t^ `f2 M------°_.. .4. < i r '. ,,.,' !I 3 IS 1 y9(j i) /J)c71/1/6 /- [i r ' A,/.r 1. : Ar Cad k>‘ -f iiiir, G" .ibv,,Md&- . k t ; . -2c (5 Liesif+2 isco4-eg5 Er I.G. - a.-,. Lcs e e 1/-019-13 tslorck ,4r ' r ££;k k0Wt, & P 03 SePtaan �- Y.4.=n U r o Rckv', Ccr i9- - 2 ' I -1 ILDn 01) ar, ' �^ 4 '70,,-, �q„, 0wfr /2 -3 -72 L05 0, - c i%-4 Ay I a e) ?`-S L P t. 10. 3 i 3 %} V1A f5 fll elh %` Armicginif 1 _ c a k i fF e11ev 12 '� , 13 -('' ,{C A v w, l.c, t_^%-J i.n rm r 12 - 3 - /3 J i I ;z i[y_'if 11';',,:t;,,° 1 -y.,-( 11-. .:11 co t x.... ._ (K: o I LO L.,....._....- f 0 0 m 0 The undersigned Kodiak Resident has signed agreeing that the RV parked at 1395 Aiport Way has not impacted or interrupted their life or business in any way. By signing, the Kodiak Resident agrees that they would be fine if the RV was to remain at it's current location. Sig'n 1(Name Print Name Date -o- 'tom- i /- - ti, L a�10/7. ii. 3 d 6/.3-tee •- nt kdaaSe? it 30 ()Di 3 iliiRl/I_ ita- 641'Jere- /z - z- ZO/3 <,A.L4212K-.— -rira Pil /z- - 2- -,/ G-1/C 1(J. If-i)PRAT /3- -y -ys/3 C� t2 L vu a I Lc. / z^ a z - e:3 r✓°yct /"(Prince-t •wf /mot - -Z - re. n j" � i� .:�1.f��r di rr�'1 �bewtA) Attmh'TA p. - a - l3 tar ' +►�'- Cho nric9. V of n1fv i2 - 7 - 13 a CY∎L J i,. 7 G grs R,d-,1' 7 1 a 3 - ( _ .:C-'--J N Ai.pen (v-"u /a ` 3 -/3 9 . .. ��t c u , / 3 u N.,. c— t,.,1 yt1N '� ( 2---- ei5 — zoi -5 M , . ' - a 4 t/an ez /rte /z. et, ic>2 -63— 1. Li,0 o hac�f a/�uun9 c) itheimr, S m ri nni / \\( I� ` n 1L03 13 The undersigned Kodiak Resident has signed agreeing that the RV parked at 1395 Aiport Way has not impacted or interrupted their life or business in any way. By signing, the Kodiak Resident agrees that they would be fine if the RV was to remain at it's current location. Etdia'k Resident..• Sign Name Print Name Date A----- -.twat, @-ec W 12.-- b3 13 01 . v4,,,,9b 1✓uo\1 1"L- 0->- \}l t'v-lih 4 1no ..ativ • /i'l2u lk- 1'2 .-c'i - 1; ,'�A,/ DMt PIF.C94 — .,_IC. �\ - 12 _6'5 - C 7Dd4c,-1 c , a `tom /2 'ri3'/3 ./V't ∎f/111 ' mil._ ' g.,, /2- `e7 1 a . . . urn, f : .,, I2 —O3 — / 3 ...M1QrOC.CIss-r - 1-4 i}4.1 C'L,art; c 1 .;t -3 - i3 \.V\e 'n'1 c`Au*An /1,4 D1cz -: ) a - �- i ; ` lf'4f c 4/�qi/' u� Jib; pi /a - 3 -/'7 iA4Ja_ l ,Yaa.:02.LA1 Z& ' /IJA- ?"9G/OcUS /--1 _ ,77 - / 3 c S1G.1 scat'•4lko'lt . a/ •, r .J'• /4.-3` /3 Apr , t1. /774z-i -- .c2icu N 9tOft /. - 3 - ( o i wax 4_11a ! /H ft- AJACoNo4i %2 -3 -/? M 1 rs 1 M it11a N. • N\r_.2, . 11- 3- 1 U S =mar The undersigned Kodiak Resident has signed agreeing that the RV parked at 1395 Aiport Way has not impacted or interrupted their life or business in any way. By signing, the Kodiak Resident agrees that they would be fine if the RV was to remain at it's current location. Kodiak Resident des- .• n Name Print Name Date n!._ �� cv ,- y1kj (Tk c(a.ut3 h /1 - d7 A • POMMEL SOW i A 17 0 //3 „SWATS. ' S.: : _.to° // i_0// 3 t . allia.. {-50Th IL /fib/ 13 _ O Jft3 DO'cz M A.., _ i t /ozo/1 3 zi rs. G / Tames ckTA t‘/ L,1,z N ie.�_ so..,1 A , ada, . r, 1lf .1 Icel II "( % yam—.-- ?}ye, h9 !r i-I'. (2_1-7, i i `Tr In • Y' i ._7 u4 v-u.n izl31 1 l3 'nar , JLidt -l'\ bLglic7 IZ/3713 k JLQ -A-_ L j r r 5/ €. 2, 3 3 j . r 0h,- 1 ne,,G, L Dec" t 2 al l a M O L, O N 0 WILSON ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation Period Ending; September 30; 2013 Summary: This period marks the completion of the projects first major milestone. Watterson Construction Company reached substantial completion of the Phase 2 Gymnasium as scheduled on September 23, 2013. KHS was given partial occupancy for athletic activities through October 12th pending the arrival of new Gym flooring. The new maple sports flooring installation is scheduled to be completed along with the Phase 3 milestone on November 30, 2013.At the completion of Phase 3,the Gymnasium, Weight and Cardio rooms will be fully operational and ready for occupancy. Independent Steel Erectors started the structural framing for the new multi-story educational complex.The erection is progressing on schedule and is expected to be complete in mid-November. Gypsum wall board and painting have been completed in the basement shower/locker rooms and is now ready for ceramic tile and finishes. The new boiler room continues to be the Contractor's major focus. When complete, the new boilers will provide heat for entire complex. Work This Period: f • Phase 2 Gymnasium completion ,EE 1 • Basement shower/locker room ready for finishes � ; R • Structural steel erection for new Tower complex • Install new boilers and heat piping • Complete framing/utilities in Weight and Cardio Rm - F ! 'CIS � �I! Work Scheduled Next Period: r i" r • Installation of Gymnasium Sports Flooring @ ��d += r P 1.t tr • Structural steel framing for the Phase 4 Tower �•�' ? ��f _ \jf/ t • Ceramic tile, flooring and finishes in basement • Continue progress in Boiler Room and Server Room iT • Installation of new storm drain systems Progress / multi-story complex Schedule Status: Phase 2 Gymnasium completed. New Gym ,:; n .� jt , ,# floor will start 10-12-13 and be complete 12-1-13.. Phase 3 & anola 4 remain on schedule with expected progress in place. ` x Scheduled Milestones In Progress RFI's + � 14 '�61i Phase Start Milestone % Last Period 29 a 1 s t % j6, �+ 1 x+ Complete This Period 15 f Tr° ; 74 1 4-5-13 6-01-13 98% Open RFI's 08 Q ' tea; ',F ¢ a « 2 4-5-13 9-23-13 92% °“ s � � p �� ;� 4 3 4-5-13 11-30-13 66% Total To-Date 152 °yam # d .J 3 ;rat 4 4-5-13 8-01-14 15% •�; A ' • Approved Change Orders This Period 7.4 V • Modify soffit framing in Weight room • Additional spray applied fire proofing required New Boilers installation (3 of 4) • Infill Gym exterior walls • Canvas fabric insulation on Gym air ducts • Transformer and electrical panel for basement pumps Bruce Walter, Project Manager Kodiak Island Borough 'ct' 7-9tta^ Engineering & Facilities Department o- P Projects Office L,4 , L > 4' 710 Mill Bay Road `eZ '� " '� • Kodiak,Alaska 99615 __ . /.; Phone (907)486-9210 Fax (907) 486-9347 X;tt� DATE: September 5, 2013 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Borough Manager Woody Koning, E/F Director RE: Projects Status Report KODIAK LONG TERM CARE FACILITY Davis Constructors & Engineers began work in March and is pursuing an aggressive schedule to complete the work prior to the March 2014 deadline. Wall framing, roofing, and site concrete are complete. Paving began the last week of August, and should be complete by early September. Interior electrical, plumbing, and fire sprinkler work is underway, and drywall installation should begin in mid- September. Utilizing the CM/GC delivery method has resulted in significant savings during the subcontractor buyout period, allowing for several significant upgrades to finishes at no additional cost to the project. i M est / w F�r; `t ". I, . z "� tw *y'Td i. " - f i r +` '—. ` t 1 � m a, . . . mayc l -' '» •a ti LANDFILL LATERAL EXPANSIONrz`9, ' i't. A '• t° Brechan Enterprises is currently at work on Phase II of the Landfill .t,, a Lateral Expansion project, constructing a new fully-lined landfill �• .. �'' cell with leachate collection system. Blasting continues for the . ', - ..� ea . installation of leachate collection piping. Under-liner materials g 4 �. ..�, ; ,. Re have been placed for the new cell, but liner installation has been '� e rx W t„x delayed due to the Phase III construction delay. Phase III of the xg'"' , t,,f r ,. ris project will be construction of a new waste water treatment . plant for leachate. Bids for Phase III were opened on June 27.Two bids were received, both significantly higher than the budget. Per KIB code 3.30.050(D), staff entered into negotiations with two bidders, but ultimately rejected both bids due to insufficient funding. Staff is currently evaluation options for re- bidding the Phase Ill scope of work. LARSEN BAY SCHOOL ROOF REPLACEMENT This project consists of replacing the roof membrane at the Larsen Bay School. The roof is failing badly and any continued neglect would result in considerable damage to the school interior. The Assembly approved a contract for Rain Proof Roofing of Anchorage on June 6. There have been delays receiving materials, and construction is scheduled start the first week in September and be complete by September 30. KARLUK SCHOOL OIL TANK REPLACEMENT This project is an EPA/ADEC mandated decommissioning of four underground oil tanks and installation of one new aboveground oil tank for the Karluk School. Decommissioning of the existing tanks was completed on August 16. New chain link fencing and a wood deck were completed in August. All work for this project was substantially completed on August 25, well ahead of the September 30 deadline set by the EPA/ADEC. 4 :ff--- TT Y 9t N}HHS n H 4u' ^Y r ('., I J-+ A F y. k . I -4�1 . va.. y b .. , . T' -' - wiS'� v-,31-:-;5.1:‘,A.:g ' a b , ... r ,.. - , — — : . . J� NORTH STAR ELEMENTARY CANOPY REMODEL This project consists of re-coating the existing bus shelter canopies in front of the school which are badly rusted. The canopies were sandblasted, painted with a zinc primer, and then coated with a fast-cure epoxy and polyurethane coating.The work was substantially completed on August 25. LC��^k: J!ii : t.; A.I* �/' f *a3• I1 'Cr!? 1 i yp' dit ,,, C , D k *4,..., _ ' - - o Before After Project Status Report—September 2013 Page 2 NORTH STAR ELEMENTRY PAINTING AND SIDING REPLACEMENT This project consists of repair and replacement of portions of the exterior siding and painting of the exterior siding and door frames. Painting of the existing window sills was added to the scope after work began, to provide a consistent color scheme for the whole school. All the painting and siding work was substantially completed on August 25. h „^ 4, ' � w"+Yx✓ 4�.=q t T`4 ".. . 9 r ' ** S c &a * k , iar -t`.. .o-{y wy •7737...454*.• -e7:•4 '1x a..w: 1 1 .- ...ia Before After Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering, Inc. Project Status Report—September 2013 Page 3 w, %1 „ Kodiak Island Borough * /s IAN- Engineering & Facilities Department + Y4�/ J' j^� Projects Office ei s . S 710 Mill Bay Road r3�k " x Kodiak, Alaska 99615 —❑r fT G ;J Phone (907)486-9210 Fax (907) 486-9347 DATE: September 5, 2013 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Borough Manager Woody Koning, E/F Director RE: Projects Status Report KODIAK LONG TERM CARE FACILITY Davis Constructors & Engineers began work in March and is pursuing an aggressive schedule to complete the work prior to the March 2014 deadline. Wall framing, roofing, and site concrete are complete. Paving began the last week of August, and should be complete by early September. Interior electrical, plumbing, and fire sprinkler work is underway, and drywall installation should begin in mid- September. Utilizing the CM/GC delivery method has resulted in significant savings during the subcontractor buyout period, allowing for several significant upgrades to finishes at no additional cost to the project. { 1Y kN kC u,e, �-r f ./ 3 r e 1 ®® S.4 q !1 ,� F 4 ra ",,c,-.; qtr^ i , 1• � .,2_ tr Pi., -t. :.1g ' •--'�O z �q1.� "'".,yam . � �4- o-- Y#' \ . ') � .;,i t,.1.r,'''," �..•?mac-� � - 54T.....--- , . ;1— LANDFILL LATERAL EXPANSION -, z < Brechan Enterprises is currently at work on Phase II of the Landfill £x;t I+-^,1"v? ,Ut � in Lateral Expansion project, constructing a new fully-lined landfill t t..,r, Wit " F cell with leachate collection system. Blasting continues for the 7 installation of leachate collection piping. Under-liner materials aZ ', have been placed for the new cell, but liner installation has been � , 41',2.!,„41)-, delayed due ll constr delay. Phase l ; s ' project be construction ofanew waste water treatment s c? " E> , ` V't,,rY plant for leachate. Bids for Phase Ill were opened on June 27. Two bids were received, both significantly higher than the budget. Per KIB code 3.30.050(D), staff entered into negotiations with two bidders, but ultimately rejected both bids due to insufficient funding. Staff is currently evaluation options for re- bidding the Phase Ill scope of work. LARSEN BAY SCHOOL ROOF REPLACEMENT This project consists of replacing the roof membrane at the Larsen Bay School. The roof is failing badly and any continued neglect would result in considerable damage to the school interior. The Assembly approved a contract for Rain Proof Roofing of Anchorage on June 6. There have been delays receiving materials, and construction is scheduled start the first week in September and be complete by September 30. KARLUK SCHOOL OIL TANK REPLACEMENT This project is an EPA/ADEC mandated decommissioning of four underground oil tanks and installation of one new aboveground oil tank for the Karluk School. Decommissioning of the existing tanks was completed on August 16. New chain link fencing and a wood deck were completed in August. All work for this project was substantially completed on August 25, well ahead of the September 30 deadline set by the EPA/ADEC. ixsr 3... ° (•.t �� t Sl `iti, o a _� it L `, � "d`d'b ....r a ., ; y sir c° art �V'Lt.IL; P- E +^ 7` F 7t1 xK:tS ..a, ..G_a.e i ite: ; 4. ,aapa s7 NORTH STAR ELEMENTARY CANOPY REMODEL This project consists of re-coating the existing bus shelter canopies in front of the school which are badly rusted. The canopies were sandblasted, painted with a zinc primer, and then coated with a fast-cure epoxy and polyurethane coating. The work was substantially completed on August 25. .,�ripi 1.x e Iii o+4 '2Xw r.�.. `4`7 -„ airs. dA' )4'..n x t'i.# " D 3 l r' 4 '2•n 2 4 t d 3r r sr ------ ..... a t °w�`x in s " ntf P 4,...3? RM"'4 - l Y' h `f rs' , L . Before After Project Status Report-September 2013 Page 2 NORTH STAR ELEMENTRY PAINTING AND SIDING REPLACEMENT This project consists of repair and replacement of portions of the exterior siding and painting of the exterior siding and door frames. Painting of the existing window sills was added to the scope after work began, to provide a consistent color scheme for the whole school. All the painting and siding work was substantially completed on August 25. --------Thr g qq I Before After Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering, Inc. Project Status Report—September 2013 Page 3 WILSON ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation Period Ending; October 31, 2013 Summary: Replacement of Gymnasium wood floor progresses on schedule. The new athletic maple floor system has been installed, sanded and is ready for finishing.The Gymnasium and its supporting new shower/locker facility are expected to be complete and fully operational in time for the 2013 Robin Harvey Wrestling Tournament.All trades are continuing with installation of finishes in the Weight and Cardio Rooms also included in the Phase 3 completion milestone. Mechanical and electrical efforts focus on completing the new Boiler Plant. This new sophisticated heating system is now installed and schedule for commissioning next period. Phase 4 Tower has made noticeable progress. Erection of the primary structural steel system was completed this period with concrete placement at floors 2, 3 &4 commencing mid-month and scheduled for completion the first week of November. The first two loads of pre-fabricated thermal wall assemblies have arrived on Island and are scheduled for installation next period. Overall, the project is progressing as scheduled with Watterson Construction and their subcontractor's providing quality work with a professional attitude. Work This Period: {• Gymnasium floor replacement I• Locker/Weight and Cardio room finishes ,� '_ • Structural steel erection for new Tower completed r, to�* • Continue installation of new boilers and heat piping `* a�®' • Install telecommunication backbone cable system 1��q.^ rcil i i=treAt _ Work Scheduled Next Period: � �� °�� :air:: y •�r� yF1�l • Complete Sports Flooring striping and finishing ++ ,,'wt1 • Start installation of Tower exterior wall assemblies • Install new telescoping bleachers � kz.-i xt ° „''' G .r • Start-up equipment systems/Staff training '7"4:4 . MKS^:4 ,y .a , . • Continue installation of site storm drain systems Progress /multi-story steel completed Schedule Status: Phase 2 Gymnasium completed. New Gym v ��f, _�•.Q-P floor complete by 11-27-13. Phase 3 &4 remain on schedule ', t 6 c•with expected progress in place. ! _ �" *11%' Scheduled Milestones In Progress RFI's ;e• ^41V s Phase Start Milestone % Last Period 15r Complete This Period 34 f "+ 1 4-5-13 6-01-13 98% Open RFI's 00 2 4-5-13 9-23-13 98% *- .;*�� 3 4-5-13 11-30-13 86% Total To-Date 191 . 4 4-5-13 8-01-14 20% s f Approved Change Orders This Period x '� r • Change equipment racks in Comm room (credit) • Mechanical requirements for Lab Fume Hoods • Modify graphics and paint at Gym floor New Gym flooring graphic layout • Modify Boiler Room motor starters • Flooring changes at Corridor A200 (credit) Bruce Walter, Project Manager �, Kodiak Island Borough ,, e .'. ��, ,r Engineering & Facilities Department �� „ ' Projects Office 710 Mill Bay Road s`�n � Kodiak, Alaska 99615 `.. . Phone (907) 486-9210 Fax (907) 486-9347 Date: September 5, 2013 To: Bud Cassidy, Borough Manager Woody Koning, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders—August 2013 Below is a summary of approved change orders for capital projects for August 2013: Kodiak High School Addition and Renovation Watterson Construction Company—Contract No. 2013-24 Change Order#10-$89,814.00 1) Change lighting control & fixture FB in Commons-$5,362.00 2) Provide relief dampers in gym at existing location Area C-$39,530.00 3) Concrete infill at removed FE cabinet in Gym- $935.00 4) Add high limit safeties to AHU 101, 102, 104 & 107-$761.00 5) Place Xypex at Area C in basement to stop water infiltration -$7,839.00 6) Exhaust fan control sequences not in bid documents -$35,387.00 Karluk School Oil Tank Replacement Red Hook Construction LLC—Contract No. 2013-32 Change Order#1-$0.00 Change Substantial Completion date from August 15, 2013 to September 15, 2013, and change Final Completion date from September 15, 2013 to October 15, 2013. North Star Elementary Canopy Wolverine Supply, Inc.—Contract No. 2013-33 Change Order#1 - $422.88 1) Deduct for canopy downspouts—($624.60) 2) Add for painting skylight flashing- $1,047.48 North Star Elementary Exterior Siding/Painting Wolverine Supply, Inc.—Contract No. 2014-07 Change Order#1 -$829.32 1) Deduct for patching existing siding—($2,423.43) 2) Add for painting existing window sills—$3,252.75 Special Inspections Term Contract EMC Engineering—Contract No. 2014-06 Change Order#1- $6,262.50 Provide special inspection services for the Kodiak Long Term Care Facility project. Cost is a Not to Exceed amount based on estimated number/type of inspections required. Change Orders-August 2013 Page 2 r i , k':111 , Kodiak Island Borough Engineering & Facilities Department j1.:„E“ Projects Office 710 Mill Bay Road R "4', Kodiak, Alaska 99615 is?" 1, u. Phone (907) 486-9210 Fax (907) 486-9347 Date: October 1, 2013 To: Bud Cassidy, Borough Manager Bob Tucker, Acting E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders—September 2013 Below is a summary of approved change orders for capital projects for September 2013: Kodiak High School Addition and Renovation Watterson Construction Company—Contract No. 2013-24 Change Order#11-$196,000.00 Demolish existing gymnasium floor and replace with Robbins Sportwood type flooring system (or equal) as specified in original bid documents, Section 096466. Substantial completion for all flooring in Phase 2 is now changed to 12/1/2013. All other work in Phase 2 will be completed by 9/23/2013 as previously agreed. Change Order#12-$91,771.00 1) Canvas wrap duct above 10' in Gym for painting-$20,301.00 2) Add panel &transformer to basement mechanical room for sump pumps-$15,700.00 3) Provide line voltage to VAV low voltage power suppliers-$1,455.00 4) Change breakers for boilers in E101-$980.00 5) Delete hanging soffit wall at C109 &reconfigure as described in RFP-$3,519.00 6) Change underground sprinkler piping materials-$2,546.00 7) Additional SFRM at structural steel &decking to bring fire resistance from 1 hour to 2 hour- $21,147.00 8) Place exterior wall between columns at Grid line P & R lines 3 & 15- $9,845.00 9) Add panel & circuits to serve A/V rack in C102 -$15,352.00 10) Provide power& receptacles for 0202 & D203-$926.00 Landfill Lateral Expansion Brechan Enterprises, Inc. —Contract No. 2012-21 Change Order#8-$64,545.00 1) Additional clear and grub at detention pond-$21,285.00 2) Leachate lagoon french drain -$43,260.00 CH2M Hill—Contract No. 2007-22 Change Order#18-$142,547.00 1) Additional services during design and bidding as detailed in CH2M Hill change order request dated August 9, 2013-$55,000.00 2) Storm water conveyance revisions-$87,547.00 Kodiak Long Term Care Facility Davis Constructors& Engineers, Inc.—Contract No. 2013-11 Please note:All change orders for Davis Constructors are$0 increase to contract amount.Amounts shown are being covered by savings in the GMP contract. Change Order#14-$0.00 1) Upgrade floor base from rubber to cherry-$49,982.00 2) Upgrade resident room medicine cabinet doors and light valances to clear stained cherry wood- $16,031.00 Change Order#15-$0.00 1) Provide added GFCI receptacles for Arjo ceiling lifts-$9,882.00 2) Provide separate circuit for PYXIS machine and duplex receptacles for residential kitchen electric ovens-$3,984.00 3) Add/relocate power and data drops in rooms 206 and 216-$2,874.00 4) Relocate lighting inverter and cable tray to mechanical mezzanine-$10,116.00 5) Add data and power at room 210 to accommodate future PYXIS-$1,918.00 6) Relocate electrical panels to accommodate two-hour wall -$980.00 7) Provide hot water circulation branch for clothes washers-$1,646.00 8) Provide added smoke/fire dampers per code requirement-$8,114.00 9) Provide duplex receptacle for Arjo lift at Spa Room -$475.00 10) Provide power to electronic trap primers-$1,170.00 Karluk School Oil Tank Replacement Red Hook Construction LLC—Contract No. 2013-32 Change Order#2-$3,733.24 Provide polycyclic aromatic hydrocarbon (PAH) testing of soil samples from exiting oil tanks and fuel lines, per ADEC requirement.Testing of sixteen samples required at$266.66 each. North Star Elementary Exterior Siding/Painting Wolverine Supply, Inc.—Contract No. 2014-07 Change Order#2-$3,308.17 1) Deduct for painting roof ladders and mechanical hoods included in contract—($2,040.03) 2) Add to paint nine light poles and flag pole base-$5,348.20 Larsen Bay Roof Replacement Rain Proof Roofing—Contract No. 2013-31 Change Order#1 -$0.00 Change Substantial Completion date from August 15, 2013 to September 15, 2013, and change Final Completion date from September 15, 2013 to September 30, 2013.All other requirements remain unchanged. Change Orders-September 2013 Page 2 Kodiak Island Borough Assembly Regular Meeting Guidelines December 5, 2013, 7:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. We apologize in advance for any sound system issues we may experience during the meeting. Please be assured that staff is continuing to monitor and work towards a resolution to the issue. 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... 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. Recommended motion: Move to excuse Mayor Friend who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*° ) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of October 17 and November 7, and Special Meeting Minutes of November 14, 2013. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of October 17 and November 7, and Special Meeting Minutes of November 14, 2013. Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Student of the Month Award for November 2013 — Deputy Presiding Officer Bonney (De-bora Bi-tong-a) • Deborah Bitanga, a junior with Kodiak High School 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. 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 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Bonney) 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts— None. B. Resolutions 1. Resolution No. 1997-20B Amending Resolution No. 1997-20 Regarding Compensation of the Service Area No. 1 Board Chairperson. Recommended motion: Move to adopt Resolution No. 1997-20B. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. Recommended motion: Move to adopt Ordinance No. FY2014-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2014-01 B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2014-01B in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. Deputy Presiding Officer Bonney will recess the regular meeting and convene the Board of Adjustment Continued on next page... Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 3 BOARD OF ADJUSTMENT APPEAL TO THE BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerk's Note: Eight appeal hearing notices were mailed and no responses were received. A signed petition was received this afternoon from Mr. Huffaker in support of the appeal. The petition was verified against the list of those eligible to offer testimony on the appeal; however of those who signed the petition, none were eligible to provide testimony. Although inadmissable, the petition will be made part of the record. Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the board of adjustment, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Persons who have submitted written argument on the appeal: None. Testified before the Commission: None. Submitted written comments to the Commission: None. The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. %oh PcI g - 2. Appellant: 10 minutes - (Kelly and Angela Huffaker) PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN-IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Deputy Presiding Officer to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes — There is no one eligible to speak in support of this appeal. 4. Private person opposing the appeal: 10 minutes — There is no one eligible to speak in opposition of this appeal. 5. Appellant, for rebuttal: 10 minutes - (Kelly and Angela Huffaker) Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 4 Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be Y/ heard. 11, , f. �� p �X Board of Adjustment discussion.X( giNti�� ' '" ' ' 04 ` The Board of Adjustment may convene into closed session for deliberation as a quasi-judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings of fact. If a closed session is desired: Recommended motion: Move to convene into closed session for deliberation as a quasi- judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION. (After the vote, CHAIR OF THE BOARD (Deputy Presiding Officer) invites the Borough Manager and Clerk's office staff to join in closed session.) Per KIBC 17.225.080 Decision. (This MUST be done in open session.) A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker). Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 5 DISCUSSION ON FINDINGS OF FACT Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adjustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See attached on blue paper.); If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case No. 14-005 Affirming the Administrative Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker) to (state date). ROLL CALL VOTE ON MOTION. CHAIR OF THE BOARD (Deputy Presiding Officer Bonney), please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. KIBC Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. According to Appellate Rule 602(a)(2) Appeals from Administrative Agencies prescribes: "An appeal may be taken to the superior court from an administrative agency within 30 days from the date that the decision appealed from is mailed or otherwise distributed to the appellant". That rule goes on to provide: "The 30-day period for taking an appeal does not begin to run until the agency has issued a decision that clearly states that it is a final decision and that the claimant has thirty days to appeal". Deputy Presiding Officer Bonney reconvenes the regular meeting. O-- Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 6 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 16. ASSEMBLY MEMBERS' COMMENTS Announcements — Deputy Presiding Officer Bonney The next Assembly work session is scheduled on Thursday, December 12 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 19 at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 5, 2013 Page 7 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Ni Special Date: 06113 Convened: 1 - v0(.," Recessed: Reconvened: Adjourned: BY: BY: -cR BY:TV' BY:Q)V" BY: SECOND: SECOND: SECOND: CI- SECOND:7 SECOND:' Uv 11(f5 II 11,2 iSki-1/4-t. 3,1 rt0 * . d-) lx-ye n-t • crio(4 Q;(ti 00 6603-\1?-) YES NO • - YES NO • YES , NO YES. NO -YES - NO Ms. Austerman V Ms. Austerman Ms. Austerman Ms. Austerma* ✓ Ms. Austerma% f Mr. Bonney ✓V Mr. Bonney Mr. Bonney Mr. Bonney*! / Mr. Bonney Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin —+� // Mr. Griffin Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan �/ Mr. Kaplan J Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch 7 Ms. Lynch Mr. Peterson ✓ Mr. Peterson Mr. Peterson Mr. Peterson ✓ Mr. Peterson Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens V Mr. Stephens J {CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF OTE? CHANGE OF VOTE?j TOTAL: TOTAL: TOTAL: TOTAL: 3 TOTAL: 1 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayigaierad Mayer Friancf Maynr Friend Mayor Friend- -Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular `t //��,,Special Date: Ic� 011:l Convened: FO v ia e• i • Recessed: Reconvened: Adjourned: (� BY: BY: v BY: BY:C� BY: CIk SECOND: -\� �0 SECOND: -0) QJ-A' -0\O\ SECOND: SECOND SECOND:) ,.- c Q cv0€ i, of' , 6,,,,, \pip>, oc,0-_,-,0? vt, e oRn ev tc YES NO YES NO YES NO YE$ NO Y NO Ms. Austerman V/ ' Ms. Austerman ✓ Ms. Austerman Ms. Austerman V1 Ms. Austerman J Mr. Bonney V Mr. Bonney ✓ Mr. Bonney Mr. Bonney ✓ Mr. Bonney f . Mr. Griffin . / Mr. Griffin ✓ Mr. Griffin Mr. Griffin 1 Mr. Griffin Mr. Kaplan ✓/ Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan 7 V Ms. Lynch Ms. Lynch t/ Ms. Lynch Ms. Lynch 4 V Ms. Lynch 1/ Mr. Peterson ✓ Mr. Peterson ✓ Mr. Peterson Mr. Peterson ✓ Mr. Peterson. v' Mr. Stephens ✓ Mr. Stephens ‘/ Mr. Stephens Mr. Stephens /- Mr. Stephens 'CHANGE OF VOTE?RANGE OF VO ? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE') p� TOTAL: to ' . ( TOTAL: TOTAL: -J g_ TOTAL: 149 I The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie Avote,off the assembly. Maynx-$Scd ym-Frien&- Meye(-a Feed Mayor-Friond .eye . rip rid_ . • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special et:ool Date: 1gI 10--013 Convened: Recessed: Reconvened: 1;1 Reconvened' Adjourned: q '05em � ;. BY: sal) \Y-- n p / BY: BY: BY: BY: fed de0,,p1L/ SECO lN`.'.�7 SECOND: SECOND: SECOND: SECOND: . aYY\- YES " NO : - - YES NO - - YES NO YES 'NO YES NO Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney / Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin of ✓ Mr. Griffin M• r. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan ✓ Mr. Kaplan M• r. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch I Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Peterson ✓ Mr. Peterson Mr. Peterson Mr. Peterson Mr. Peterson Mr. Stephen. J Mr. Stephens M• r. Stephens Mr. Stephens Mr. Stephens CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 TOTAL: p I TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor-Friend -Mayer Friend 'a. - •• -- mayor nen. ayyorFrieerd • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: �,,2,c/,rn'et,. SZ© IZ Please PRINT your name Please PRINT your name • v Rob trg, \r\ dA4141ef iletAAL.S. J \ tj--;441 ur-PA17- 1 . w, .�' Prnonlo �\v :Nis box ki a gft0 _46) 5 . 001 00 Ei Po Thos bOX o5 ec yc abfleo C 0 Pflc! sc! °°g0 1111 yotr cardboard or bows to Trreshold ThcycUrng0 380 Von Sheele Way Open: Tues to Sat, 11 AM to 6:30 PM Phone: 486-6551