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2015-03-19 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 19, 2015, 7:30 p.m., Assembly Chambers Page 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 • 6. AWARDS AND PRESENTATIONS 4 A. Homelessness in Kodiak - Monte Hawver, Brother Francis OA Shelter Executive Director Brother Francis HP Data.pdf 5 - 7 B. Assessing Department Update to the Assembly. OA Per Capita Tax Rates Information.pdf 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 • Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free(855)492-9202 and Local 486-3231. Page 1 of 67 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 8 - 13 1. Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Contract No. FY2015-25 - Pdf 14 - 19 2. Contract No. FY2015-27 Lake Orbin Culvert Replacement trA Project Phase II. Contract FY2015-27 Lake Orbin Culvert Replacement Project Phase II - Pdf Culvert Location Photo.pdf 13.B. Resolutions 13.C. Ordinances for Introduction 13.D. Other Items 20 - 21 1. Appointment to the Providence Kodiak Island Medical Community Advisory Board (Jerome Selby). PKIMCAB Appointment Selby - Pdf 22 - 25 2. Authorization for a Letter of Support Regarding the a Services at the National Weather Service Office in Kodiak. NWSEO Letter KIB Final 2 Letter of Support First Draft - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 26 - 59 1 . Meeting Minutes of the Fire Protection Area No. 1 Board, February 10, 2015; Mission Lake Tidegate Service Area Board, March 4, 2015; Planning and Zoning Commission SM, October 29, 2014; RM, January 21, 2015; SM, February 4, 2015; Womens Bay Service Area Board RM, Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 67 February 3, 2015. Meeting Minutes of Other Boards.pdf 17.B. Reports 60 - 61 1. Report on Meeting with ADF&G Commissioner Sam Cotton, February 26, 2015 from McCarty. 03022015 KFWG report on Cotten meeting Feb 26 2015.pdf 62 - 67 2. February 2015 Change Order Report, KHS Wilson Report, Other Projects Report, and Project Budget and Contingency Report. February 2015 Project Budget and Contingency Report.pdf February 2015 Change Order Report.pdf February 2015 KHS Wilson Report.pdf February 2015 Other Projects Report.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free(855)492-9202 and Local 486-3231. Page 3 of 67 AGENDA ITEM #6.A. Brother Francis HP Data (Corrected) year IFY 2000 FY 2005 . FY 2010 FY 2014 Placement 15 75 41 16 Prevention 30 55 146 227 year FY 2000 FY 2005 FY 2010 FY 2014 Total Total Total Total Households 45 130 187 243 Total funds $21 ,020.76 $48,762.19 $104,457.63 $148,973.47 nom 250 200 / S. / 150 / MI 4 100 f 50• / - it ; 0 Prevention 0 Placement FY 2000 FY 2005 FY 2010 FY 2014 Homelessness in Kodiak- Monte Hawver, Brother Francis Shelt... Page 4 of 67 AGENDA ITEM #6.B. (r-a Kodiak Island Borough otrae 3:-: 1^'% Assessing Department �' 710 Mill Bay Road �i Kodiak,Alaska 99615 Phone(907)486-9353 Fax(907)486-9395 March 17, 2015 TO: Assembly Members FROM: Bill Roberts, Borough Assessor SUBJECT: Information concerning per capita tax rates At the March 5th Regular Borough Assembly Meeting Mr. Griffin asked Karl to provide a mill rate comparison chart of borough's and municipalities around the state. Karl stated that a per capita tax rate might be more meaningful. As Karl has been out of town, I have taken the task on. Attached is a spreadsheet that shows various boroughs, municipalities and cities around Alaska and the taxes that they levy and collect. To use a trite cliché, it is difficult to actually be comparing apples to apples, etc. What I have done is to compare the municipality by type of government and show the tax(es) that the municipality generates. The first six on the list are second class boroughs and they all provide similar services as the Kodiak Island Borough. All of them have a property tax and both Ketchikan and Kenai Peninsula Boroughs have sales taxes. The first blue shaded column, titled "SALES AND PROP TAX TOTAL PER CAPITA", shows the combined tax that is actually levied and collected by the borough, city or municipality. As can be seen the Kodiak Island Borough levies the lowest per capita tax of all boroughs when considering both borough-wide sales and property tax. However, because we are self-contained as an island community and the largest city on the island charges a sales tax which is paid by almost all residents as the only grocery store and largest retailers are all located within the city limits, I felt that when comparing tax burdens, regardless of who collects them, I should reflect the city sales tax as it pertains to the borough residents. Therefore, the second blue shaded column shows the property tax and prorated sales tax (prorated by population ratios between the city and borough less the city) that is paid by Kodiak Island Borough Assessing Department Update to the Assembly. Page 5 of 67 AGENDA ITEM #6.B. residents. For the Cities, this column shows all taxes paid by city residents which includes city generated property and sales tax and borough generated property and sales tax. Assessing Department Update to the Assembly. Page 6 of 67 AGENDA ITEM#6.B. ;Iir r ..| .,.; ,.,,,, )| 98!@228/ |!° (§©§/ ith /\ = jee§Qa /.RRR ggRaRS / ), i , / (; § ( /( ( ° ) | "/� [§ )J}; ) ° j} ! p } 1 , . ;, ..1;;., !! ;; Di ; R#R\ §R/G)® § )1g gE6§| ) ` | VII / ) X j ! £ 1 ) ) §; 1 ) ) §! 1§§§! § a ©A $ a I \\ saw~ § " 4 \ 3 ( - , /zj; t9l EM ( j §. . 1 § ||| | ;k ||� d § , , R£@!n]g! § ) §| ) ! | \p— �. R ! | j • ) , 9i f , I r [ g4 ]|1 [| IV ;| ( np2225;e§§! ) ,, /p § } § p§2R §RRwRe ( § §/ \ § 0 |� .' 0 igg ,! ! :. .... ! !'9 2; ) ∎2 r||||||| ||1111 M M 6 || H q q |r I ii!i!H ill g& a . ) VUh !!arsnan|||B! Vain j) R§ 6" Assessing Department Update the Assembly, _e, AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH G-:fr AGENDA STATEMENT NOO. as /.1i...' MARCH 19, 2015 r._.3 ASSEMBLY REGULAR MEETING :A TITLE: Contract No. FY2015-25 Anton Larsen Bay Dock Installation. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes$944,294.00 FUNDS AVAILABLE: Yes Account Number: 430-530 452.150 Amount Budgeted: $945,293.00 12010.5 SUMMARY STATEMENT: Kodiak Island Borough code 3.30.020"Limitation of Manager's Authority"states that a contract exceeding$25,000 requires Assembly Approval. This contract is for installation of new pilings, floats, gangway, and bulkhead for a new dock at Anton Larsen Bay as shown in the documents produced by Jensen Yorba Lott(JYL)and PND Engineers.The existing dock was built in 1985 to support the Terror Lake Hydroelectric Project and was upgraded by the Borough in 1995 with new piles and other improvements. It is well past its useful life and has been in need of replacement for some time. In March 2014, JYL and KIB staff held public meetings in Kodiak, Port Lions, and Ouzinkie to present conceptual design options and accept public comments. The conceptual design options were also posted on the KIB website, along with a form to provide comments. Based on the comments received, JYL and PND have designed a 120-foot long by 12-foot wide dock. The existing dock is 60-feet long by 10-feet wide. A contract for fabrication of the dock and gangway was awarded in December 2014, and fabrication is currently underway. An invitation to bid for the installation portion of the project was issued on January 9, 2015, and bids were due and opened on February 24, 2015. Only one bid was received,from Pacific Pile and Marine in'the amount of$944,294. This project is funded by a combination of state and federal grants. KIB received a $2,000,000 Designated Legislative Grant and a$80,000 Denali Foundation grant, to which KIB has provided $20,000 in matching funds,for a total project budget of$2,100,000. A copy of the current budget is attached. It was hoped that this work could be completed this spring, before heavy use of the dock commences in summer. However, the bidders interested in the installation contract expressed concern that the timeline was too aggressive, therefore the installation is now scheduled to start no earlier than September 15, 2015,with all in-water work to be completed by October 31, 2015. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2015-25 to Pacific Pile and Marine L.P. of Seattle,WA for the Anton Larsen Bay Dock Installation in an amount not to exceed Kodiak Island Borough Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Page 8 of 67 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH e.�^ AGENDA STATEMENT la i%9^ MARCH 19.2015 ' ASSEMBLY REGULAR MEETING _: $944,294. Kodiak Island Borough Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Page 9 of 67 C) 0 0 C Z No 0 o_No (11 ro N r_qOpVIARKOIIIW SEA: Anton Larsen Dock Replacement Project No.12010 February 26,2016 6 A B C D it • LE O Line Item Description Current Budget LTD Expenses Obligated Remaining_ '430.530-12010-1 /Construction Management by Consultant S 52000 S 520.00 15 - b - a /430-530-12010-4* Design S 265,000.00 $ 214,885.37 $ 47,417.13 S 2,837.50 .430.530.12010.5 Construction 5 1,500,000.00 $ 60.00 $ 554,647.00 $ 905293.00 N 6 430.530-12010E Equipment - 0 430.530.12010.7 *4min S 100.00000 5 19.083.21 S • 5 80.930.79 1 430-530-12010-9 !Contingency 5 230,48000 $ - $ - $ 234,48000 Totals $ 2,100,000.00 S 234,628.58 $ 602,124.13 I$ 1,2663,347.29 1 Q R m t m c 3 • • AGENDA ITEM #13.A.1. Contract No.FY2015-25 KODIAK ISLAND BOROUGH,ALASKA CONSTRUCTION CONTRACT Anton Larsen Bay Dock Installation#12010 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager,and Pacific Pile&Marine.L.P. Company Namc 700 S Riverside Dr.Seattle WA 98108 Company Address(Street or PO Box,City,State,Zip) a/an❑Individual ®Partnership ['Joint Venture ❑Sole Proprietorship❑Corporation incorporated under the laws of the State of Alaska its successors and assigns,herein called the Contractor,is effective the date of the signature of the Borough Manager on this document. The Contractor,for and in consideration of the payment or payments herein specified and agreed to by the Borough,hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor,which bid and prices named,together with the Contract Documents(as hereinafter defined)are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials,done or furnished by the Contractor and not specifically herein provided for,will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or""wl,or for any work or labor done,unless the materials,work,or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk,cost,and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Nine Hundred Forty Four Thousand Two Hundred Ninety Four &00/100 dollars(4944,294.00)for all Base Bid Items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every tcapcct,to the satisfaction of the Borough, on or before: October 31. 2015 or within n/a calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor,for any reason,except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor,or if no money shall be due,the Borough shall have the right to recover $500 oer calendar day as specified in Article 11.8. Supolementary Conditions: such Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Page 11 of 67 AGENDA ITEM #13.A.1. Contract No.FY2015-25 deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however,that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work,the Contracting Officer may,at his or her discretion,extend the period specified for the furnishing of materials or the completion of the work,and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $944,294.00 Payment Bond, and $944,294.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency,and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Charles E. Cassidy, Jr. or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract,the Supplementary Conditions,and the following listed documents:. (1) Drawings dated January 9,2015 (2) Project Manual dated January 9,2015 (3) Addendum I dated January 28,2015 (4) Addendum 2 dated February 9,2015 (5) Addendum 3 dated February 12,2015 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Page 12 of 67 AGENDA ITEM #13.A.1. Contract No.FY2015-25 L\ WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Pacific Pile&Marine,L.P. Company Name Signature of Authorized Company Representative Crxa.4c17waz innuJs VP OFT1I &0J P Name and Title Date KODIAK ISLAND BOROUGH Signature of Borough Manager Charles E.Cassidy,Jr. Typed Name Date Nova M.Javier,MMC Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Page 13 of 67 AGENDA ITEM #13.A.2. KODIAK ISLAND BOROUGH - AGENDA STATEMENT (f t*9� 's' MARCH 19, 2015 b,l," ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2015-27 Lake Orbin Culvert Replacement Project Phase II. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes 86,250 FUNDS AVAILABLE: Yes Account Number 450-550 452.150 Amount Budgeted: 86,250 14001.5 SUMMARY STATEMENT: Kodiak Island Borough code 3.30.020"Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This project is a collaborative effort between KIB and Kodiak Soil&Water Conservation District (KSWCD). In July 2014 KIB collaborated with KSWCD to replace a culvert leading from Lake Orbin to the Russian River, in order to aid fish passage. This current project is to replace an existing culvert from Lake Orbin at Bells Flats Road and an alternate bid to replace an existing culvert from Lake Orbin at Lake Orbin Drive. An Invitation to Bid was issued on February 20, 2015, and bids were due and opened on March 9, 2015. One bid was received. After reviewing the bid, Staff has determined that Brechan Construction, LLC of Kodiak is the lowest responsive bidder. A copy of the bid tabulation is attached. The proposed contract includes the base bid and the alternate, both of which are within the project budget. KSWCD is providing the funds for this project and has received funding from multiple sources, primarily U.S.Fish &Wildlife Service. The work is scheduled for April 2015 depending on water levels, with all work to be completed by May 30, 2015. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2015-27 to Brechan Construction, LLC of Kodiak AK for the Lake Orbin Culvert Replacement Project Phase II in an amount not to exceed$86,250. • Kodiak Island Borough Contract No. FY2015-27 Lake Orbin Culvert Replacement Projec... Page 14 of 67 AGENDA ITEM #13.A.2. Contract No.FY2015-27 KODIAK ISLAND BOROUGH,ALASKA CONSTRUCTION CONTRACT Lake Orbin Culvert Replacement Project Phase II#14001 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager,and Brechan Construction,LLC Company Name 2705 Mill Bay Rd,Kodiak,AK 99615 Company Address(Street or PO Box,City,State,Zip) a/an❑Individual ❑Partnership X Limited Liability Company ['Sole Proprietorship ❑Corporation incorporated under the laws of the State of Alaska,its successors and assigns,herein called the Contractor,is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough,hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor,which bid and prices named,together with the Contract Documents(as hereinafter defined)are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials,done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used,or for any work or labor done,unless the materials, work,or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk,cost,and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Eighty Six Thousand Two Hundred Fifty dollars($86,250.00) for all Base Bid items and Alternate 41. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough. on or before: May 30,2015 or within n/a calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason,except with the written consent of the Borough,to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor,or if no money shall be due, the Borough shall have the right-to Contract No. FY2015-27 Lake Orbin Culvert Replacement Projec... Page 15 of 67 AGENDA ITEM #13.A.2. • recover Liquidated Damages as described in the Special Conditions for each calendar day elapsing between the time stipulated for achieving substantial completion of an individual phase and the actual date of completion of that phase in accordance with the terms hereof; such deduction to be made, or sum to be • recovered,not as a penalty but as liquidated damages. Provided,however,that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion,extend the period specified for the furnishing of materials or the completion of the work,and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of$86,250.00 Payment Bond, and $86,250.00 Performance Bond,to secure the proper compliance with the terms and provisions of this Contract,are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency,and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Charles E Cassidy, Jr or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract,the Supplementary Conditions,and the following listed documents: (I)Bid Package Dated February 20,2015;(2)Addendum I Dated March 4,2015. • . LAKE ORBIN CULVERT CONSTRUCTION CONTRACT REPLACEMENT PROJECT PHASE I1 ,00510-2 . Contract No. FY2015-27 Lake Orbin Culvert Replacement Projec... Page 16 of 67 AGENDA ITEM #13.A.2. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Brechan Construction, LLC Company ame Signature of Authorized Company Representative Louis Rocheleau, Vice President Typed Name and Title 03/10/15 Date KODIAK ISLAND BOROUGH Signature of Borough Manager Charles E,Cassidy.Jr. Typed Name Date Borough Clerk (ATTEST) LAKE ORION CULVERT CONSTRUCTION CONTRACT REPLACEMENT PROJECT PHASE II OOSIO-3 Contract No. FY2015-27 Lake Orbin Culvert Replacement Projec... Page 17 of 67 AGENDA ITEM #13.A.2. Kodiak Island Borough Bid Tabulation Lake Orbin Culvert Replacement Phase II Bid Opening: 3/9/15 3:00 PM BASE BID - •ALT.#1 (ADD) Total No. - GENERAL CONTRACTOR - - (Base+Airs). 1 IBrechan Enterprises,Inc.`. I $ 39,050, $ 47,200 I $ 86,250: • Contract No. FY2015-27 Lake Orbin Culvert Replacement Projec... 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' ' pr.../.;.•' .1.091,f.., `4 4...c.'') •-4 ■:‘ ' . i; . j ■ "I C.T* fr"..7 ':!- 1,1 W.: ,..„ ti, .n ,.,..J. :',,,vi , ,,,,;•:...., ......b...,:nrec &:4;) 1 . r ‘t% 1 •} ,j4 a..,,.....-, ''*4 .• - , '• tz,' \ '" 41,i' iv • --t ; .,. p.6.IS of 67 Coning No FY2015.27 Lax.Orb.,Cuivan Roptacomant Pro* AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH ¢ %,a< AGENDA STATEMENT MARCH 19, 2015 ' 1 ASSEMBLY REGULAR MEETING TITLE: Appointment to the Providence Kodiak Island Medical Community Advisory Board (Jerome Selby). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: • Account Number: Amount Budgeted: SUMMARY STATEMENT: • Per Contract No. 1997-07A:An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Cecil Ranney has resigned from the board and Providence would like to present Jerome Selby's name for consideration to the Borough Assembly for comment and approval. Per the contract provision cited above, the Assembly is given the opportunity to comment before the appointments to the advisory board are made. RECOMMENDED MOTION: Move to voice non-objection to the appointment of Mr. Jerome Selby to the Providence Kodiak Island Medical Community Advisory Board for a term to expire December 2017. Kodiak Island Borough Appointment to the Providence Kodiak Island Medical Communit... Page 20 of 67 AGENDA ITEM #13.D.1. From:Pitts,Esther R[mailto:Esther.P!tts @providence.org] Sent:Thursday,March 05,2015 3:16 PM To:Nova Javier;Jessica KDbom Cc:Angela MacKenzie; Bud Cassidy Subject:RE:review of 2013 hospital board members Hi Nova, Cecil Ranney has resigned from the board and we would like to present Jerome Selby's name for consideration to the Borough Assembly for comment and approval.Please let me know if you have any questions or concerns.Thank you!! Esther Esther Pitts I Program Support/Risk Coordinator Providence Kodiak Island Medical Center 1 1915 E.Rezanof Drive.,Kodiak,AK 99615 t:907-486-9595 ext.2595 f:907-486.957 I wwwprovidence.or&kodiak Appointment to the Providence Kodiak Island Medical Communit... Page 21 of 67 AGENDA ITEM #13.0.2. ,p1n. -`N ez=h= Kodiak Island Borough /- t yP H** �'r`��t �: * k �'t° ���r�/,` Office of the Borough Mayor 4,1 1 } <' 710 Mill Bay Road •t Kodiak, Alaska 99615 r k Phone (907) 486-9310 Fax (907) 486-9391 (wa'. March 17, 2015 Dr. Louis W. Uccellini, Director National Weather Service 1325 East West Highway Silver Spring, MD 20910 Dear Dr. Uccellini, • As the Mayor of the Kodiak Island Borough,we are concerned that the NWS Weather Service Office(WSO)in Kodiak is being considered for a reduction in staff and partial closure of the office. This approach to saving money is view upon negatively by Kodiak's citizens and is creating ripples throughout this community of commercial fisherman,aviators and citizens who use the waters around the island of Kodiak for their livelihood,food and as their road system to travel to the six small villages located around the island. Subsistence gathers also use updated weather forecasts before venturing out to harvest and collect subsistence resources. Commercial fisherman home ported in the City of Kodiak and who make up the most diverse small boat commercial fishing fleet in the nation rely on this service to make critical decisions daily about whether to venture offshore to set or pick gear. Given the fast changing weather from low pressure systems entering the Gulf of Alaska,the information that the Kodiak Weather Services Office provides at times can lead to life or death decisions. Calling the local office for up-to-date weather and weather forecasts is a common routine for Kodiak skippers prior to heading out. Aviators traveling from the City of Kodiak around the island with sport hunters and sport fishers or transporting residents and workers around to the various island communities rely on an accurate forecast before they take off so they know that they have a good chance of being able to return. Again, fast moving weather systems along with fog affect our local aviation service. You have to look no further than the Kodiak State Airport records to see how many commercial airline flights leave Anchorage for Kodiak only to be turned around and sent back to Anchorage before landing in Kodiak due to the fast changing weather. Authorization for a Letter of Support Regarding the Services... Page 22 of 67 AGENDA ITEM #13.D.2. Dr. Louis W. Uccellini, Director March 20, 2015 • Page 2 Knowing the forecast for the next 24 hours is also vital to those that travel to harvest and gather subsistence resources in small boats and open skiffs. All of the items stated above should make it dear that dosing the local office even for a short period of time or having fisherman, aviators or subsistence users call the local weather service office and not be able to talk to someone about a reliable forecast is just unacceptable. Therefore, the Kodiak Island Borough Assembly and I view the current proposal to partially dose the office between late afternoon and midnight as unacceptable to Kodiak.We also question whether the potential cost-savings outweigh the importance of having someone who understands the local weather and can effectively relay vital information in a timely and efficient manner to the public. I respectfully ask that you reject any plans to reduce hours at the Kodiak facility. The loss of these services could endanger life and livelihood of those living and working in the Gulf of Alaska. Lastly, I earnestly ask you to consider approaches to modernize the technology at the WSO office in Kodiak to provide more accurate and reliable forecasts and warnings. Thank you for your consideration,of this letter. I look forward to your reply. Sincerely, KODIAK ISLAND BOROUGH Jerrol Friend cc: Senator Lisa Murkowski Senator Dan Sullivan Congressman Don Young Authorization for a Letter of Support Regarding the Services... • Page 23 of 67 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH r:' ° . AGENDA STATEMENT ¢e',a 14,3',. �a MARCH 19,2015 •• 10,,-,7* ASSEMBLY REGULAR MEETING TITLE: Authorization for a Letter of Support Regarding the Services at the National Weather Service Office in Kodiak. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There is an understanding that the National Weather Service (NWS) is considering reducing staff and hour at the Alaska Weather Service Office in Kodiak. A part of this plan includes a complete closure between late afternoon and midnight at which time the Anchorage office will handle all the calls. The Assembly wishes to address the proposed closure and, in addition, address the much needed upgrades needed at the Kodiak Office. RECOMMENDED MOTION: Move to authorize the Mayor to sign the letter of support regarding the services at the National Weather Service Office in Kodiak. Kodiak Island Borough • Authorization for a Letter of Support Regarding the Services... Page 24 of 67 AGENDA ITEM #13.D.2. • �;_\ Kodiak Island Borough *$fi�y Office of the Borough Mayor /JL 710 Mill Bay Road p Kodiak,Alaska 99615 gee' Phone(907)486-9310 Fax (907) 486-9391 March 13,2015 Dr.Louis W.Uccellini,Director FIRST DRAFT National Weather Service 1325 East West Highway Silver Spring,MD 20910 Dear Dr.Uccellini, It is my understanding the National Weather Service(NWS) is considering reducing staff and hours at the Kodiak, Alaska Weather Service Office. Part of this plan includes a complete closure between late afternoon and midnight at which time the Anchorage office will handle calls. • The Kodiak facility receives as many as 500 marine briefings per month and several hundred public weather calls. This information is crucial to the safety and well-being of our residents, particularly the aviators and those who commercially fish. They operate at varying hours throughout the year. In the absence of a live operator for a substantial portion of the day in Kodiak, we question whether the potential cost-savings outweigh the importance of having someone who understands the local weather and can effectively relay vital information in a timely and efficient manner to the public. The Kodiak Island Borough Assembly and I believe it is in the best interest of the National Weather Service and the public to maintain fulltime weather service in Kodiak.I respectfully ask that you reject any plan to reduce hours at the Kodiak facility. Thank you for your consideration of this letter.I look forward to your reply. Sincerely, KODIAK ISLAND BOROUGH Jerrol Friend cc:Senator Lisa Murkowski Senator Dan Sullivan Congressman Don Young Authorization for a Letter of Support Regarding the Services... Page 25 of 67 AGENDA ITEM #17.A.1. FIRE PROTECTION DISTRICT NO.1 BOA r REGULAR MEETING RECEIVED FEBRUARY 10,2015 6:05 p.m. BAYSIDE FIRE HALL MAR - 4 2015 1.CALL TO ORDER CHAIR NELSON called the regular meeting to order at 6:06 PM BORWOH CLERICS,ALASKA l $ $ d KODIAK 2.ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, and Scott Arndt. Also present were Acting Chief Doug Mathers,Jason Waggoner,and Secretary.Jenny Clay. Chair Nelson excused board members Jim and Kiela Pickett who were absent. 3.ACCEPTANCE/APPROVAL OF AGENDA ARNDT moved to accept and approve the agenda for February 10,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT ARNDT moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES ARNDT moved to approve the minutes of January 27,2015. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 6.CHIEF REPORT Acting Chief Mathers discussed with the Board Monday's training and calls received by Bayside Fire Department in February 2015. 7.CHAIR REPORT None 8.STAFF REPORT None 9.VISITOR COMMENTS None • 10.ACTION ITEMS A.First Reading of Budget Fire Protection Area No. I Board Regular Meeting February 10,2015 Page l of 2 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 26 of 67 AGENDA ITEM #17.A.1. Chair Nelson'discussed with the board the FY2016 draft Budget Memorandum changes. Board discussion on Budget ensued. ARNDT motioned to move forward to a public hearing with a draft budget that has$776,005 on Revenue side and$776,005 expenditure side. ROLL CALL-VOTE ON MOTION CARRIED 3 TO O. 11.VISITOR COMMENTS None 12.BOARD COMMENTS R. Carstens—Appreciated all the hard work that Chair Nelson did getting initial numbers on the budget for board members. He was in agreement with Mr. Amdt's suggestions for the budget. He believed it was a plan that would work. He spoke with organizations that worked with KARES last week on the search mission. Everyone appreciated our services for communications as well as shelter, food and a place to plan in the search. KARES also supplied extra radios. KARES was an integral part of the rescue. They made the boots on the ground job a whole lot easier. KARES was a valuable organization to the Bayside Family. S. Arndt — Would like the boards blessing to do a legislative request for the Tanker. He suggested Chair Nelson write a synopsis on the Tanker, which they would then take to our two legislators. He would like to request 25%of the$300,000 Tanker. R.Nelson-was in the process of getting current prices on the Tanker. 13.NEXT MEETING SCHEDULE The next meeting was scheduled for February 25, 2015 for a public hearing on the Budget and Hiring Chief Process. 14.ADJOURNMENT The meeting was adjourned at 8:25 p.m. SUBMITTED BY: / / r� Date: �! al/o/ d ] nny Clay, B and Secret KIB Engineering/Facilities Department APPROVED BY: 77k '7Z' Date: Q /nci.QOI$ Chair Rebecca Nelson Fire Protection Area No. 1 Board Regular Meeting February 10.2015 Page 2 oft Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 27 of 67 AGENDA ITEM #17.A.1. RECEIVED. Mission Lake Tide Gate Report March 5,2015 MAR -.4 2015 Kodiak Island Borough Conference Room 2pm BOROUGH CLERKS OFFICE KODIAK ALASKA In 2005 a new tide gate was installed by Anderson Construction, and the cost was paid by Kodiak Island Borough. In 2001 the KIB named Mission Lake private and to be supported financially by the residents with lake front property.The new tide gate has made Mission Beach more accessible to the public with lots of peat and sandy beaches. I enclose a photo from the Kodiak Daily Mirror of children enjoying the area. 7-3-2014 The tide gate worked well for the past year with maintenance by the borough staff.A clasp holding the gate broke and Craig living close to the problem alerted borough and they repaired the broken hanger. In time the constant noise of the clanking gate encouraged Craig and Terrie to request a gasket that makes the gate quieter when moving. It was installed and has helped the noise problem.There were large amounts of rain this year filling Mission Lake and the gate handled the situation well. Craig took a photo of the lake with lots of surging water. , Kodiak Electric Association replaced lines to the telephone pole on the lot adjacent to the breakwater on 2-2-15. Snow fell in February and the road was plowed on 2-8-15 early in the morning. SLOA has the breakwater lawn mowed, provides breakwater insurance and road maintenance by Tom Dixon and Kodiak Lawn Service. The Mission Lake Tide gate committee would like to thank Bob Tucker, and KIB staff that monitor and repair the breakwater and gate to make it all work smoothly. Submitted,Marian Johnson 2-14-15 tknt r Cj Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 28 of 67 AGENDA ITEM #17.A.1. RECEIVED Kodiak Island Borough MAR -4 20,5 Planning & Zoning Commissi r n Code Update Special Public He I ' E _RPM OFF O ICE Minutes October 29, 2014 6:30 p.m. In the Assembly Chambers CALL TO ORDER VICE CHAIR SCHMITT called to order the October 29. 2014 special meeting of the Planning and Zoning Commission at 6:30 p.m. - PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITT led the pledge of allegiance ROLL CALL Requested to be excused is Pat Olsen. Commissioners present were Alan Schmitt,Kathy Drabek,Jennifer Richcreek,Maria Painter,and Scott Amdl Excused was Pat Olsen. A quorum was established. Community Development Department staff present was Director Bob Pederson, Martin Lydick, Sheila Smith,and Jack Maker. COMMISSIONER RICHCREEK MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER RICHCREEK MOVED to extend public comment from 3 minutes to 5 minutes for Titles 16, 17,& 18 and to combine the comments for Titles 16, 17,& 18 for one hearing. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER RICHCREEK MOVED to approve the October 29, 2014 Planning & Zoning Commission Special Meeting agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Dennis Symmons complemented the public for such a great showing. He said he liked the end of the pledge to allegiance, for liberty and justice to all. He remembered when Barbara Williams ran for assembly. She ran on one thing and it was resounding.It was to reduce the size of government in Kodiak. Since then the government has expanded quite lengthy.This code revision has turned into a complete code rewrite, it isn't just a few things this is something completely new. Our borough spent almost $400,000 on this rewrite and nowthe contract expired around a year ago. Now that rewrite is here in house.This is a warning to whoever cares to hear 0,there's going to be an uproar,there already is but when Kodiak realizes what got passed he thinks the fan is going to get stopped when the public realize what's entailed in this. He only sees a couple of members of P&Z that's even attempted to oppose this majority of this rewrite. He said a friend told him this was coming and Symmons didn't believe it, he told me a couple of years ago to expect things being put down our throat. If you think there's a large governing force In Kodiak now just stick around because ft's going to get a lot worse. We're about to find out what our newest assembly members are made of real soon.Thanks again for a great turnout tonight. 10/29/2014 P&Z Minutes Page 1 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 29 of 67 AGENDA ITEM #17.A.1. Kyle Crow stated he recently experienced an attempt to request:a variance. He feels it was an unfair process:.It was sprung on him at the hearing that he only-had 9,minutes to speak and he had spent a week preparing a presentation:-When he asked where that three minute rule came up he was told it was in the bylaws. He spent the last 2 weeks,ripping out 2 years of work and he'll spend , another.year working to relocate that'3 %feet. He wants to:appeal to the commission for the,next person in line that he doesnt have to experience.the same difficulties. He found out about the packet and what that was 2 or 3 days after the hearing and found out he wasn't even on the same page as the commission. He submitted an application with a letter:containing a lot of details about why he requested the variance and he thought that was the packet: He discovered after the fact that the packet was in fact much more information and included-some glitzy drawings and photos from staff that appeared to show that it would-be very easy for him to move that structure',which ,was not the case. The process itself was a moving target for him to hit because whenever he talked to staff or he heard you discuss this afthe work session the objection seemed to be one issue.When he went to address that issue there were other targets to hit and he couldn't address those. Looking back he could-have addressed every one of them.When he-received the final letter that denied his request with details'why, every one of those reasons he could have addressed. He spent 2 years hauling 5 gallon buckets of gravel-up the hill to cure a water drainage problem. With those kinds of issues he thinks the communication was poor and for a guy like me; an.average homeowner, it's builder beware that there's quite a mine field out there. It's a difficult, frustrating process. He hopes this code revision can correct some of those problems. He will speak exactly to the code revision Issues that he thinks can correct some of those. Bill St. Clair stated the flag is being displayed inappropriately and told the commission what position it should be in. . PUBLIC HEARINGS Limited to five minutes-per speaker. Local Telephone Number.486-3231 Toll FreeNumber.;855492-9202 Continued from the October 22; 2014 Special Meeting A) Case: Update of KIBC Titles 16 (Subdivisions), 17 (Zoning),& 18 (Borough Real Property). Request a review of the recommendations for amendments to Titles 16, 17, & 18 of the Code. applicant h The a licant Is the Kodiak Island,Borough and the agent Is the 9 Community Development Department.The location is borough-vide and zoning varies. Director Pederson stated he doesn't have any additional reports We are;continuing to assemble each week the comments received and,-get them into the packets.There will be another packet of comments prepared at the end of this week.We are continuing to keep track of all the comments in a supplemental staff report and will forward in the process. The motion on the floor from the October 1, 2014-Special Code Update Meeting is COMMISSIONER ARNDT MOVED.toadvance Titles 16, 17,& 18 to the Assembly for passing. Close regular meeting &open public hearing:, Mary Nelson, Larsen Bay Tribe, called to listen in. It was explained to her that she couldn't stay.on the line to listen in because no one else could call In to give testimony. Kathy Simpler stated she and her husband live in Woodland Acres and spoke opposing the rezone. She wonders who stands to benefit from this change, It would appear that only 1, 2,.or 3 property owners out of the 60 parcels involved stand to benefit from iL'The first page of.a memo dated August 29. 2014 from Robert Pederson, AICP, Director states that Title 17 has not been comprehensively updated since the late 1960's.That may be true but, in fact, in 1989 there Was'e request,put before the assembly to change the area of Woodland Acres zoned RR1 at the time to be zoned RR. People living on Woodland Drive and Seabreeze Circle were unhappy with the subdividing that was happening so close to them and the`neighboring streets off of Puffin Drive. 10/29/2014 P&Z Minutes Page 2 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 30 of 67 • AGENDA ITEM #17.A.1. They rejected the proposed change because they wanted to maintain the rural neighborhood. The assembly adopted an ordinance at the request only after the Community Development Department at the time found that a rezone was necessary and just because It was not substantially less consistent with the Comp Plan and the existing zoning from 1968.We agree with the findings In the memo addressed to the assembly from the Community Development Department dated October 10. 1989 under the subject of Ordinance 89-32-0. Their findings state that a rezone to RR was necessary and just because it was not"substantially less consistent with the Comp Plan than the existing zoning was suitable to the existing lots given the existing lot sizes,widths, and placement of structures as well as the existing topography in coastal location and would not adversely impact .surrounding developments nor negatively affect traffic in the area. Further findings from that.report states that the zoning change to RR would maintain the areas low density, residential land use character through a traditional residential neighborhood. On January 4, 1990 the ordinance was passed and people have enjoyed living in our rural residential neighborhood since then. Should the current proposed rezone pass it will significantly change the character of our neighborhood. It is also highly probable that existing trees will be taken down to make room for structures which is this areas only buffer against the wind.The landscape Will change and traffic will increase exponentially in our rural area.We enjoy our ruratlifestyle and privacy afforded us by living in this neighborhood. We know that most of our neighbors do too. That part of living in our area hasn't changed since 1990. No,we do not support this rezone and she urged the commission to reject.this proposal.We are also deeply disappointed that we're only asked'our opinion of matters affecting our land only towards the end of any work being done or already discussed. It would seem that if the Planning and Zoning commission would be considering changing codes affecting our neighborhood we would receive notice about it at the beginning of the process to be able to provide input. Charlie Powers called to say he wants to support the retention of accessory dwelling units currently in the Proposed RR1 zoning district. He built his home in 2008 on Woodland Drive and it's about an acre served by city water and sewer with substantial parting and snow storage. During the past 5 years during public process P&Z work groups identified accessory dwelling units in their proposed changes because all those work groups (inaudible) laboriously to go over Ideas recognized so many benefits that ADU's provide including No 1 They help alleviate the borough's housing shortage by allowing current property owners to meet the demand. No.'2 They alleviate non- conforming uses in areas that are already congested through permitting and regulating safe housing solutions in neighborhoods that can accommodate the parking, utility, and snow storage requirements.There have been reports of people renting out their garages the way it is right now. No. 3 Creating a pathway for property owners to be affordable and property values to be sustainable. No. 4 Encouraging common sense investment for property owners •and thereby increasing the tax base. No. 5 Allowing families to meet their property needs with a mother in law, caretaker, or live in a cabin while they build.a house with an accessory dwelling unit. RR1 lots are greater than an acre and (inaudible) capable of accommodating accessory dwelling units while retaining the character of their subdivision just as easily as accommodating a home occupation such as agriculture, horticulture, and commercial fishing activities of the occupants. Zoning code evolves with the needs of the community and as the curent.zoning code allows those activities as permitted uses.Kodiak had a documented need of such housing for transient workers and ways for residents to make ends meet. Borough resident lots, especially those having public utilities infrastructure are more than capable of meeting the needs to accessory dwelling units or retain the character of the surrounding neighborhood.Specific to Woodland.Acres these lots are ideal for this kind of use as its close to fire and r?7.1- re, shopping, employment and other vital community resources. Similarities can be drawn from other recent zoning changes, for example hoophorises are now allowed because it frees up disposable income for families'(inaudible) in need of fresh vegetables for the community.There are many other examples sense in permitting zoning uses,for example all the various commercial fish uses of land to enable small businesses to thrive.We have lived in Kodiak since 1994 and people here find.a way to make things work. (inaudible) He thanked all the volunteers who spent so much time going over the proposed changes and the local government to the P&Z members. 10/29/2014 P&Z Minutes Page 3 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 31 of 67 AGENDA ITEM #17.A.1. Chris Ford,owner of Bells Flats Poultry,stated she had some confusion with this and wants to start with the definitions.On page 23, line 1017,Title 17-under Domesticated Animals and Pets you list chickens, no roosters, ducks, and no rabbits. And then under Livestock.y011 have poultry and fowl, other domesticated chickens, or ducks. Then you have for 5dogs, cats, or other domesticated animals. In RR1 and RR2 zoning districts you.can have up to ten domesticated animals that are perrriitted provided the animals are not kept for commercial purposes. On page 91, under the Domesticated Animals and Pets you have the RR1, RR2, and RR3 zoning districts for up to 5 domesticated animals..Then you have the RR1, RR2, and CR2, CR5, PRC, and V zoning districts can have up to ten domesticated animals. Under El back to chickens, ducks, and rabbits,no more than twelve chickens, no roosters, no ducks, and no rabbits or'any combination of the twelve shall be allowed in R1, R2,and R3.She sees different numbers in different places and if she's confused about that she's sure other people will be confused as well. She knows people in RR1 and RR2 who manage more than twelve chickens or ducks at one time and they have no problems doing that. On page 91, under RR1, RR2, CR2,,CR5, PRO, and V zoning districts up to 10 domesticated animals'are permitted. She is in favor of the higher limit., On page 86, E- Connex Box or Cargo Containers or any personal structures shall not be permitted as accessory structures and 93, E- Cargo containers that are used for shipping or receiving goods or created or used on a site may be , stored within any yard in Industrial district and the Village district There are many people inside city limits as well as.outside'who use these as storage containers-in theiryard in residential areas. She asked if the commission would change this to allow us to continue using convex containers for storage. Denise'May Afognak Native Corporation'Board of Directors Chair, thanked the commission for allowing testimony on Title 17.'She wanted to talk'about the stewardship of their native lands and what It means to theshareholders of Afognak Native Corporation. For the Afognak-Alutiiq people good stewardship of their resources'is more than a catchy phrase or an afterthought. It is their way of life, a core value of their culture that goes back thousands of years. They have held themselves accountable for good stewardship-of their natural resources for all of time. That will not change: Long before the early days of the Alaska Native Land Claims Act and the formation of Afognak Native Corporation Afognak people understood the importance Of responsible stewardship of their lands. Today we know that the harvest of commerdally viable'timber is a critical component Of sound forest management. They are passionate about preserving the cultural wealth that runs deep In their lands-and about managing their resources to continue their heritage of subsistence hunting, fishing', and berry picking. Their culture as well as their ability to provide food for their families through subsistence are equally Important and must be part of any plan for Afognak lands. Their corporations land management plan divides 248,000 acres over which they have stewardship into 9 regions. After thirty-five years only 2 of those regions, both on Afognak Island have been designated for commercial timber harvest. More importantly she wants to talk about what takes place after the harvest. Before the first tree was felled Afognak shareholders had to be convinced that their culture and subsistence lifestyle would not suffer. In response their foresters and managers develop policies to manage the land that we are in keeping with their Alutiiq values. Today our goal after harvest is to get the time it takes to grow a newly healthy forest in half by utilizing 'proven scientific forest management practices. These methods provide subsistence; cultural, and job opportunities while protecting and enhancing their natural resources. Although no small undertaking their work has yielded significant progress..They are currently-focusing their efforts in 2 areas hand planting sites as soon as practical following harvest and pre-commercial thinning when a stand reaches eighteen to twenty-five years of growth. Hand planting of 1 or 2 year old seedlings assures the next forest gets a jump on competing vegetation. In some cases, this can reduce the time to maturity of a tree by more than 5 years.They also discovered that.Sitka Spruce seeds source outperform'locel varieties by as much as fifty percent in height,diameter;and growth. These factors as well as being able to''space trees for optimal growth have taken them a long way toward meeting their goal They've also began pre-commercial thinning in highly productive stands. There many benefits to thinning in addition to preventing stagnation of the forest stand caused by overcrowding. Thinning maximizes the next timber crop while shoitening 10/29/2014 P&Z Minutes Page 4 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 32 of 67 AGENDA ITEM #17.A.1. the overall rotation length. As you can see Afognak Native Corporation takes the good stewardship of their lands very seriously. They have invested time and millions of dollars over the years to maintain and secure their land resources for future generations. Those efforts have also included working very closely with the Alaska Department of Fish Si Game deploying scientific programs to protect their Roosevelt.Elk, Sitka Blacktail Deer, and their salmon stocks. Their actions dearly demonstrate that they value and understand their land.They are committed to teaching their young people these same values to carry them into the future. The restrictions plated on the conditional use language in the proposed amendment in Title 17 will have broad reaching Impact and not just on their ability to manage their timber resources.These restrictions also;impact their ability to grow struggling local economies at the most basic level. Requiring approval from the borough to build a small business or even a clinic or church will only serve to further stifle economy, economic development, and an already challenging environment It was truly unfortunate that your hearings of this matter were scheduled in October during the busiest time for the Alaska Native Organizations. With travel plans made well in advance for the Alaska Federation and Natives Convention in the National Congress of American Indians Convention which is going on now there are members of the Alaska native community that aren't here. She respectfully asked that the commission provide all stakeholders the opportunity to be included in this conversation and that this body table the proposed amendments to Title 17. She encouraged the commission to work with the Alaska native people of Kodiak to provide opportunity to bring collective experience to the table and engage in a meaningful dialogue.May thanked the commission. Brenda Friend, a Woodland Drive resident, stated she grew up on Kodiak and is an Alaska native as well. She understands why the commission has this task to develop and revise the codes.lt's a pretty important task but if you are going to revise the codes she wants to express a couple of things about Title 17. Five years ago.she:and her husband found their dream lot,a 1 acre parcel.on Woodland Drive, and they paid dearly for that lot, $210,000 just for the lot. They built their dream home on it and they now pay the Kodiak Island Borough dearly in property taxes to.own the property and to live the Kodiak dream, They've worked hard to live their dream, sixteen,hours a day seven days a week for the past ten years.Their property taxes are 1/3 of their house payment. She would love to own more property but cannot afford it.They have 7 children between the two of them and 5 grandchildren however none of them can afford to live in Kodiak. That's a big concern to those of us who were raised on this island and call it home. This summer half of their children and their families came to stay with them, fourteen family members who love Kodiak and even though they can't afford to live here they always come home. RR1 lots are greater thari 1 acre and are more capable of accommodating accessory dwelling units and retaining the character of the subdivision. As their family continues to grow they would like to accommodate their needs with a small cottage so they don't have to sleep on the floor when they come home to visit. There are times they must be away from home for work at remote locations and they also own remote property. While away they prefer to have someone watch the house as a caretaker but they don't particularly want someone staying in their home or sleeping in their bed. They also feel strongly that because of the borough's housing shortage property owners could help alleviate a burden by having small affordable units available to rent. Most young people can't afford to rent in Kodiak so they leave the island. The opportunities that we had growing up here on this island are no longer available for our youth. Her first home was at 319 Maple Street, she was nineteen years old, and had her young family.She paid$24,000 for her first house. She doesn't know if anyone else knows what those homes are valued at now. She doesn't think there will he any homesfound for$24,000 anymore for our youth. The workforce doesn't support the cost of home ownership or even the rental markets. We are pushing our youth off the island. Property owners and contractors cannot afford to build here for less because of the cost they pay for raw land and this is directly attributed to the Kodiak Island Borough's inability to open up more land over the,lastsevere!decades.That's also your current mayor's primary goal for change..She hopes that happens because she gives her family a lot of time so that they can see that change in the coming years. It's not the cost to build, it's the lack of available, affordable land on top of shipping and rising building material costs. It's our responsibility to create a pathway for affordable ownership and keep property values 10/29/2014 P&2 Minutes Pages of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 33 of 67 AGENDA ITEM #17.A.1. .sustainable or people will continue to leave Kodiak. Zoning codes evolve with the needs of the community and this community needs to look at our future. Rural residential lots such as Woodland Drive that have public utilities infrastructure are very capable of,meeting the heeds of accessory dwelling units while retaining the character of this rounding neighborhood. These lots are close to fire/rescue, shopping, and. employment. They pay city water, sewer; and garbage. They can accommodate on an acre of land parking,,utility, and snow storage.They've heard their street called the unofficial dog run because people allow their dogs to rim free from the beginning of Woodland Drive down to the Navy Seals. They recently cut trees down on their lot and people complain that it takes the view away from their view of the forest. She owns that land and she's sorry but she paid $210,006 to own those trees and that land. They strongly.support the code revision that allows them the ability to subdivide their lot into 2 half acre lots, 20,000 sq.feet which isn't asking anything more than most of the lots in Kodiak. The 2',amendmentto the Constitution of the United States declares that an owner of property has'the right to,consume, alter„share, redefine, rent, mortgage; pawn, sell, exchange, transfer, or give property away. Just when did it change to and get their neighbors permission. As they strive to find a common balance for. everyone keep in mind that NIMBIES (not in my backyard)are not vested in any other opinion or any other persons needs andionly think of themselves. There are a lot of people involved here on this island. She thanked the commission, staff, and work groups for their work in this regard. She realizes that through your dedication that makes our community what it is. Bruce Short, Anton Larsen Island resident, stated he moved out there partly to get away from the borough arid all the things it was doing like requiring all the buildings be made with graded and stamped lumber. He has never been able to come to terms with all the trees here. He built hisown home, sawed the wood for it and to him that is what sustainable development should include utilizing local resources like that: He's sorry the borough has never come to terms to come.up with another solution, it's been thirty years. If someone is building a home and has some of the beautiful Spruce lumber you can make a.home very inexpensively. lie sympathizes with the woman who was talking about how much costs to live in Kodiak;that was another reason why he moved out there.For what it cost him to build his home he probably pays that much in taxes on it every couple of years. He wants to address 17.100. 040 specifically dimensional requirements, his property is zoned Conservation and.is 7.84 acres and the survey is on the meander line on the beach so the mean high tide fine is about 100 feet from where the meander line is He is paying borough taxes on over an acre of land that the State has for the public easement now so the boundary line for his property is the mean high water line. If the property line is the mean high,water this new borough regulation moves the front yard.setback from 0 what it had previously been for the thirtyfive years he's lived there. There Was 0 setback from marine water for.building structures and whatever..If you are familiar with Kodiak if your only access is by boat and you have to approach a beach where its rocky,climb up a few beaches around here to see how easy it is getting up on the land. Once you live there and you have to start taking building materials, supplies for the winter, 100 lb. propane tanks yorr need away to get from the beach up to-where yourhouse is.This new proposal calls fora waterfront setback of 50 feet from the front property line which is the mean high water line..It used to be 0 so hie-house and most of his structures are going to be non-conforming structures''because the most:valuable part of his property is right on the waterfront with'the view, solar access, and access to get what you need to live with: Reading further according to the proposal is Permitted Encroachments-you can encroach 10 Jeet into the front yard setback for stairways. Try climbing up some of these beaches without a stairway or ramp, They do provide for a dock but that's just the first step to get the rest of the way up,your property to where your structures are. It takes-a more than 10 feet of encroachments that leaves 40 feet from the beach for you to have to haul your lumber, groceries, 1000 lb. propane tanks and his property is not suitable to having a road so we have ramps, trams and a lot of people in the area do the same thing. Some people have their.solar panels on the beach because that's where you get the solar access. If you invest all that money in solar power and you have to comeback 25 feet either you're going to have to cut all your trees down or you're going to get a lot of shade.which cuts down on your-electricity. He doesn't feel this was put together with Kodiak in mind. He doesn't know where 10/29/2014 P&Z Minutes Page.6 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 34 of 67 AGENDA ITEM #17.A.1. the consultants are from but maybe they are used to having roads corning in on the back side of their property where they haul everything in and the waterfront is something that theypreserve for everybody else. In Kodiak waterfront is life; we fish, haul all of our materials from it,we live bn an Wand without roads. What he's seen of the changes for the property he owns are inadequate for being able to live.There needs to be more changes done. Todd Hiner encouraged the commission to slow down the process and thanked them for listening to the public. This affects"a0.of us dearly on this island. Listening to the testlnony the last tithe he was hereabout a young man that built his house out of Spruce trees and came to get the last few pieces of lumber and that house has been sold 2 or 3 times since then and the value has gone up. Hiner thinks it's sad to have a natural resource like we have here in Kodiak and seeing it shipped overseas just to be shipped back to us. He knows there are issues with grading our Sitka Spruce that the borough or the people who try to grade it can't get a handle on. It's realty sad seeing all this timber because he has 5 kids that would love to build houses but the cost of living here is incredible. Everything needs to be engineered now. It's sad to try to encourage youth to live here and raise a family. He doesn't understand why a couple of miles off the road system you can get a sawmill and build a house or lodge. It's frustrating when you are inside that borough boundary and you can't utilize Spruce that is on our property or Acquire it. He wishes the coinmission would try to work with the existing code to try to address this issue while you are doing it: Kyle Crow staled on page 19, line 832, the public hearing notifications, you are requiring the applicant is responsible for mailing out notices prepared by the Community Development Department. That seems ridiculous to him. The Community Development Department does this routinely and ft's a difficult thing for an applicant to learn the process,figure out where to find all the addresses, and do all the things. Everyone would have to go through that learning curve like.he had to. Try to make it as easy as possible.for the average Joe out there. Further down the page it allows the department to require the applicant to bear the cost of preparing and mailing additional. notices that May be required. The applicant already submitted a fee arid if the fee isn't adequate then raise the fee a little. On page 86, line 3278, under Section 17.160.020 Applicability you have accessory structures less than 100 sq. feet and then when he talked to the Building Department they said the limit is 200 sq. feet, and if you're going off the 200 sq. feet he'd like to see that line up.The same on page 133, line 5076, Section 17.230.060 zoning compliance, ft's highlighted, and it says 100 of 200 sq. feet and further down it says search for 100 sq. feet, It looks-like a typo. On page 147, Chapter 17.270-Variances, as he said before under your appeal process you specify the amount of minutes you are going to allow the appellant-you say 10 minutes and then a 10.minute rebuttal period. You don't provide that same kind of detail on the variance request and it should be provided.A guy shouldn't come in here and get blindsided by your bylaws.Also in that requirement you can specify that whatever the packet that the planning and zoning office prepares and provides to the commission should be mailed, emaied, or provided to the applicant so he.knows you are all on the same page. Crow stumbled over this:You have a section of this code that you could work this in there as a requirement How do you do the variances,it's a variance process. He commends the commission for All the hard work they've put into this. What scares a lot of people is there is a lot of new stuff in there; this cookie cutter thing is spooky. A lot of people are working so hard that they're not involved in this process or come to the meetings. He's glad that there are a lot of residents involved though and he's happy they are. Think about how many people are totally unaware of this, they see it in the paper and think it's great but when they start building something and buy a piece of property, and then finds out that he made an error and he finds out there's something in the code that doesn't give him any power. It gives allthe power and authority to our hired employees and that's just a wrong system. It should allow for alittle bit of flexibility. Thisis a very big thing. It's a big chunk for anyone to bite and you may want to think about chopping it up into chunks. Do the subdivision code first instead of zoning. Toby Sullivan stated he wanted to address Section 17.160.070, page 89, Section F,the business of commercial fishing conducted from a residence shall be considered a home occupation provided that the use conforms to the following, you've got 3 conditions there. He's maybe One of the rare 10/29/2014 P&Z Minutes Page 7 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 35 of 67 AGENDA ITEM #17.A.1. people tonight that is.happy with something in this. He's been talking with Martin Lydick about this for about a year on this and itlooks like his concerns,and the concerns of fisherman, mostly set-, netters, t at h n s that he keeps in his yard. It looks like is illegal buedidn't know that they were going t6 enforcing that when he started talking to Lydick and some ofthe'other folks and they put this amendment in that allows us to keep our fishing skiffs on our lots, in our RR2 lot with a house on it It looks like they are going to let us keep our skiffs there provided that we go along with these conditions which are basically neat and tidy and there has to be a fence. Sullivan may question at some point the part about the fence but hell be going to talk to staff later. He commended staff for ,listening to him and others on this issue. Ron Painter,:Woodland Drive resident, thanked everyone there..because whether or not you agree with his position on draft codes this is the only way you are going to understand what.we want as a community. The general consensus Painter has heard tonight Which he agrees with is that this needs to be slowed.down, it's too much information. He cannot understand it and probably most other people don't either. It's a lot to absorb and understand and we need to take kin smaller chunks that are more.manageable that we can take time to understand, and then get it right the first time. Slow down and take it a piece at a time to get it done right. Accessory dwelling-units or mother in law apartments, he knows there is controversy both ways but in 3 hours today'he had 13 residents of Woodland Drive say yes,they were in total favor of this,3 people who said yes, their in favor of this but he doesn't want to sign the petition because he doesn't want to make the neighbors mad,and 4 people who.told him as soon as you get home tonight said they would sign it also. That's almost 20 residents on Woodland Drive plus the people who spoke here tonight that hasn't signed it yet By far, the largest majority of people on Woodland Drive are definitely in favor of the accessory dwelling unit for many of the reasons already talked about He's read in the paper and heard on the radio this is,the second most expensive place to live in the United States. This does make a difference in people's lives if they can have an'additional income, especially when they have a large lot and they meet all the setbacks and variances they should be able to have this on their properties. There are multiple reasons why'people are in favor.of it. Painter is also concerned about the RR1 proposal to be;for a 40,000 sg. foot lot could be subdivided if it meets the criteria of access and setbacks and those types of things. The'reason Painter's'in favor of it is he dislikes rules that where this person can do it but this person cant In this particular housing area we have 20,000, 40,000, 50,000, and 60,000 sq. foot lots, a-20,000 sq. foot lot on the other side and then maybe 2 or 3 acres, then another 20,000 sq. foot lot its a hodgepodge mixture of them. Some of the people that have complained about going to this 20,000 sq. foot lots are the very people who have them. This isn't fair or.right to.have a regulation that let's this person do it and right beside them that person can't. There's just something inherently wrong about that Painter supports the rezone to this area. Nancy Bell, Seabreeze Circle resident, stated'she lives in San Francisco and bought her dream home in Kodiak to retire here.,She doesn't want her neighborhood to change. She bought it knowing the rules and knowing what they got. It Was already pre-established. She and her husband are concerned about is there is a conflict of interest.She thinks there are people who are vested in this change that have the reason and the power to make the decisions for all of us and that scare her. She doesn't think she will be heard because it's a small community and people can influence other people here. If there's change then make it in the best interest of everyone without influence,conflict of interest,or who you're married to. Make it fair. Lome White, Bells Flats resident, stated he mostly represents the Kodiak Farm Bureau and their concern about changing the code and how it will affect agriculture. He heard Chris Ford's statement and it seems funny because when he drives home.helooks at all the violations all over. How are you going to go out to start counting people's chickens, it seems silly to him to address things like that. He was concerned In the beginning when he met with you during the summer period about some of the changes. He doesn't know which copy y;everyone is working off of but it appears tohim that there have been some changes made over the.summer. Generally,.he found a 10/29/2014 P&Z Minutes Page8 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 36 of 67 AGENDA ITEM #17.A.1. document here that's not favorable towards rural agriculture which is important to sustain food for our community. It's important to realize that we live on an island and we're dependent upon ships coming in to bring.food, a very short pipeline between when food comes In and when the food disappears. Those who have been here for any length of time knows that when fishing vessels come in they can clean off the shelves real quick. They are totally dependent on everything that comes in.There are a number of us that grow food and we think we should have the ability to grow things so we can be self-sustained in the event of bad times. There are a lot of things that can happen to trip us up living on this island.We've seen it in Hawaii When it had strikes years ago and they weren't able to get food in. Recently in Cuba the Soviet Union wasn't sending supplies in and they were starving to death. He's concerned that the overall Title 17 will be favorable towards agriculture and not being able to use container vans.. Sometimes when you are shipping agricultural products in you need a container van to keep stuff in; hay needs to be kept dry.There is a need for container vans. He sees where the city has taken container vans hear the parks and put a roof over them. He operatedfish hatchery out of Pillar Creek and used container vans to get them started while they built the hatchery. Container vans have a long history of use in this community and whatever we can do When you look at these things don't discourage them. Tom Lance, Mountain View Drive resident, stated he believes he's in RR1 and waned to clarify under 17.90,Section D, line 1933, page 44;RR1 is 1 acre and permits a single family home on lots of 40,000 sq. feet. Is that a generalization calling a 1 acre lot 40,000 sq. feet because there is a wide range of lot sizes here. Contrary to what some people have said about wanting accessory structures, he's had several people to call him to say maybe we should have our own zoning district because it looks like here we're going to allow accessory dwellings on lots, and people like it the way it is.There's the proposal to connect our side of the hill to the new wastewater treatment plant that's being built at the landfill. Once they do that it will enable that accessory dwelling to be placed on a lot less than 1 acre. People said that once water and sewer is hooked up accessory dwellings will be going up if the rezone goes through. Duncan Fields, representing the Ouzinkie Native Corporation, stated the concern we may have made this change unnecessarily difficult with the breadth of the code revisions and the impacts that we may or may not appreciate. He appreciates the individuals that have spoken in the public hearings. Overall with this comprehensive change he's not sure that iri the public hearing process that you're going to be able to find all those hot spots. He suspect that without more revision and time that we'll have a continual process when someone tries to do something or the neighbor is upset about something and the code pops up, then everybody finally realizes that this was a substantial change over how it had always been. On behalf of Ouzinkie, fundamental to their interest is what may or may not be a mistake in the draft code but at least in conversations with the department they said it's a typo which is `the requirement for a conditional use permit to log on Ouzinkie land' is simply not appropriate and again in deference to the staff its been indicated that it's a typographical error but we are here to say if.it's an error let's remove it and make it clear that conditional use permits are not appropriate for logging operations. More broadly,Jimmy Skonberg came in from Ouzinkie because of his concerns as a community member. It's just not understood how the new code is going to apply to rural communities. Frequently when we have changes in law, changes in the code you'll have an old code lined up and the new revision side by side. If you talk about legislative language, you have the legislative language and the new language in bold.A side by side comparison so people can understand what the change is. It's imperative for the borough so he suggested using a longer time(ratite,regroup in terms of public relations outreach, develop side by side comparisons, and then go out to the rural communities and talk to the leaders in those communities to explain why these changes are important. If this Is a new code for the next 30 years let's champion that code and have people understand it in advance to the adoption of the code Why we need it. He's also heard that there was a big effort, and he talked to some of the people that were involved in the effort comes to the advisory committees regarding Title 17and their recommendations to the department with regard to a number of code provisions and as this code came forward a number of those folks forgot about what they talked about or don't recognize 10/29/2014 P&Z Minutes Page 9 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 37 of 67 AGENDA ITEM #17.A.1. what's in Title 17. If there was a disconnect or significant revisions from the public Input to the code you have before you he thinks that of interest to the public. He'd like to have a comparison of what the recommendations from that committee were, and then something about why staff chose to.go in another direction. He thinks that's honoring the effort of the public in that year and a half process that thepublic was involved in Title 17. There's also a conditional use provision relative to rock extraction that Ouzinkie',believes.would be misplaced or inappropriate and also Koniag may have someconcerns with their quarry but he can't speak on their behalf but Ouzinkie historically had a small rock quarry in Anton Larsen Bay. There May be an'interest at some point in the future to open that and conditional use again is probably not the appropriate tool to apply to that kind of activity. In summary, he said that we do•need to go slow, it's not appropriate to move Title 17 forward, we need to spend a fair amount of more time-in the way we communicate Title 17, 150 page document double "sided, most people, entities, or communities can't afford someone like me to go through the code line by line and tell you what's wrong with it so it's incumbent that the borough spend more time to communicate why you want this new code. Jane Petrich, Larsen Bay property owner stated while reading over Title 17 there about 3 businesses in the village that would be out of business if they had to conform to this code. She doesn't know if they know about:this code update. Its small lodge operations. She also suggested slowing down the process and make outreach to the village communities:. Brenda Friend stated she's probably related to % of the island in one shape or another. She strongly believes that everyone In Kodiak has a voice and.she doesn't believe there's any conflict of interest because one person is married to another or when one person volunteers on one board to another.We all pay property taxes,were all citizens,we all vote, and she wants to have a voice despite who she's married tour who her neighbor is she's'a person. Nell Cooper stated one thing he's concerned about is he does know there is favoritism. His been here a long time and knows there are people on boards, he knows a certain,organization in town that hires preferential treatment to native groups so you can't say there isn't a prejudice here. There are so many connex boxes they are part of our community. Anybody that is imposing getting rid of the connex boxes aren't paying attention to what functions in this community because there are sticks of them everywhere and some of us have bought them for horses or chickens. Someone told him he can only have a few ducks or chickens, last year he butchered 28 ducks, 12 geese and he grows his own food. How dare anyone tell him that he can't do that why would anyone limit the amount of livestock that he can have or if you.go out here to the Farmer's Market the last 2 years, it's unbelievable how many people are there. These people are raising their produce, thickens, ducks, and you name it. This is Kodiak,who is trying to determine how we are able to barter, trade, or get our food.•He was overwhelmed with this. The biggest thing is to take your time, break it up and to•a piece at a time,and justify your position..lf you are going to tell me that he can't have his 28 ducks for a 6 month period of time while they are growing you have a problem coming. Denise May stated she is changing her title and she owns Whale Pass Lodge with her husband Bob May. She stated Whale Pass Lodge is built out Of Sitka Spruce not just on Whale Island but they also built another lodge in Litnik..You may have seen it on the DIY show, it was a do it yourself project her husband built on that show when we did use some raw timber that they sawmilled not only the buildings but also the furniture. It is an experience the clients enjoy looking at what they have built from the land sous you are making those rules you have to look at what's out there rurally.She will speak on behalf of the lodge community because its a different way of life out there and getting supplies and making surethey have everything they need to provide for their clients as well as themselves.'She doesn't know how this Title 17 affects them yet because her focus has been on the native corporation. She appreciates'the time the commission has spent on this She's in agreement with slowing down and talk about this in a different way. When she asked earlier if the commission;could get together with the native community she was serious.'Its not Just the native community'that you need to get together with its lodge owners, fisherman, 10/29/2014 P&Z Minute; Page 10 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 38 of 67 AGENDA ITEM #17.A.1. there should be a group that looks at all the pieces to see how it affects everyone and May is willing to put herself in that place to work with the commission on that Randy Schuster stated he has questions about your code enforcement policies.What is confusing to him is you have.a full time Code Enforcenieht.Officer who is on a complaint basis only and by putting it into a complaint basis only from a neighbor you are pitting neighbor against neighbor when the Code Enforcement Officer should be the one who goes out to look at these violations. He was told there are so many violations it would take 3 officers. Schuster would like to see that the Code Enforcement"Officer actually goes out to took-at these violations instead of having these discrepancies on who they apply the rules to That shouldn't be.We hired this person to do this job and they should be able to do it If they can't do it maybe we shouldn't.have a Code Enforcement Officer and maybe we should go by strictly complaint like we used to. Some of the codes that he's never seen in place that are in place like if you have.a junk vehicle on your property for more than 5 days. Everyone in town has had a junk vehicle oh their property for mote than 5 days. He didn't even know that was a code and he's removed, when he was with Kodiak Island Borough and did junk removal:he did 600 cars those 2 years and now that he's been taking scrap off the island he's done over 300 vehicles. He's cleaned up across from the cannery at Ursin's and he's contently being hit by codes and they may be in place.You can drive around town and no one else is hit with these codes but they fine Schuster. It is ridiculous. He's cleaned up Majdic's, Chris Wing, and there are several places he's Cleaned up so new buildings could be built. It's helping the community and himself too. The code thing has to be straightened Out You pit neighbor against neighbor-and it should be the Code Enforcement Officer's.job to do this. You shouldn't have to put it in writing either.We need to work to make the code viable for everyone and something that important then maybe we should change it. Michelle St. Clair, Seabreeze Circle resident,thanked Schuster for his comments because it is true about code enforcement. She•and other neighbors have asked about different things in their • neighborhood and they were told to either complain about him themselves, to sue to cause an uproar and they aren't that kind of people. They want what's right and they want their neighborhood to stay the way it is. She reiterated what people are saying about taking your time, allowing people to talk or become more educated with this process due to working full time or more, she wants Kodiak to stay the way it is as a community'.She thanked the commission. Neil Cooper stated he really liked what everyone said particularly what St. Clair and Schuster just said. There was a lady on the ferry who was very adamant about getting out of Kodiak, she lived here for 22 years. He asked why she was leaving and she said why wouldn't I, there's double standards, $200,000,000 being spent on this and $80,000,000 being spent On that, and she'd like to retire here but she can't afford to retire here, the double standard.' His example of a double standard that was inferred to a little bit ago is when you go out Spruce Cape and turn left on a certain street there is a giant junkyard there: Everyone that knows about this wonders why Jack Maker (when he was enforcement) would give Cooper a.tidcet for parking, why he would give Cooper a ticket for parking on the street by where he lives. Maker told him the borough doesn't allow parking on a street but they leave that gigantic junkyard. That was an example that the lady on the ferry gave him. She also told him that it's not the old Kodiak, what's keeping her here anymore, they are costing us money every time we turn around, they re-appraised her 3 times on her property taxes, and she's not going to put.up with it. Cooper said he's been here 40 years and why would he want to stay. Kyle Crow stated there's an opportunity to reconsider a philosophy of enforcement and how this code should be rather than a strict letter of the law rules. These codes are necessary because. rather than having all kinds of problems occur as a result of property line setbacks, neighbors disagreeing and throwing things across the fence at each other, rather than dealing with those after the fact because of willy nilly construction and things like that so he sees the value of a code but if an individual property owner comes in and can make a case, not this particular case, sideline setbacks,front, rear or whatever that the staff and the board consider that that property owner has 10/29/2014 P&Z Minutes Page 11 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 39 of 67 AGENDA ITEM #17.A.1. a right It's not just a sacred ground that no matter what he's prevented using it but if he can tick off he doesn't affect the emergency response access, drainage problems, so there's no real community concern. He really hates to see a code and the response from enforcement or staff say well it's the code, we let you do it we're,going to have to let everybody do it. He doesn't know if there is an opportunity to tweak the code to allow that process. He also appreciates what Schuster said about enforcement, we're creating this whole new code'rewrite with a lot more details, code, and laws.When he drove around he seen all kinds of people who built In setbacks all over town. More power to.them.Obviously you aren't having complaints so there's no difficulties so he doesn't see the real problem there. Its difficult for someone who's trying to obey the law and playing by the rules. He doesn't know how many people told him when he told them he was building this thing; don't tell them, nobody does. Bill St.Clair, Seabreeze Circle resident, stated with all the discussion of enforcement he knows that from last week when Jenny Shank spoke and other neighbors spoke he doesn't see their comments included in the packet. He knows they took a lot of time to write them up. As far as enforcement goes, he knows that when Mr. Powers called in earlier that Powers have accessory dwelling units on his property that aren't up to code because (inaudible) they aren't allowed to according to the code. Another neighbor filed a complaint and he finds it interesting when he looked on zillow.com this evening and seen that Powers no longer has listed on his house that's been for sale for over 9 months that he has apartments. Last week it said 2 apartment complexes on the property and rentals up to$1000 a month. He thinks this is just wrong. Duncan Fields stated on page 59, looking at Commercial fishing as a permitted use in the Conservation zone-Commercial fishing and related activities,he doesn't see related activities in the definition section. When we turn the page he has to smile because he thinks about power generation stations, wastewater treatment, wind energy conservation and every setnet site has a generator facility. He has 2 outhouses. Wastewater treatment facilities (inaudible). He hopes the first part-Commercial fishing and related activities covers all but he has to smile because it's not clear whether or not it does and if we technically look at what power generation stations that may include every setnet site with a generator. He wanted to point that out for staff to perhaps have a little more clarity with related to how broad the commercial fishing and other activities may be. That may apply to remote lodges as well. COMMISSIONER ARNDT MOVED to postpone until the November 5. 2014 Planning and Zoning Special Meeting. VICE CHAIR SCHMITT let the public know that there will be another Code Update meeting next week. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY • D)Code Update Submitted Written Comments CITIZEN COMMENTS Denise May stated she was thankful that Jane was here on behalf of,the community of Larsen Bay. She thinks about Akhiok, Ouzinkie, Port Lions, Old Harbor,there are 5 villages out there that could not call in to this meeting to hear the Whole thing. She knows that staff members went out there but is there a way they can be Included so they can call in to listen to all the testimony because they are just as confused as she was sitting here. Hearing the-testimony"tonight she's learned a lot and there are several people out there that will be affected by this that doesn't have access because it costs too much for them to get here.She just wants the commission to consider that. May thanked the commission. STAFF COMMENTS Meeting Schedule: • November 5,2014 Special Code Update Public Hearing-6:30 pm-Assembly Chambers 10/29/2014 P&Z Minutes Page 12 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 40 of 67 AGENDA ITEM #17.A.1. • November 12,2014 Work Session-6:30 pm=KIB.Conference.Room • November 19,2014 Regular Meeting-6:30 pm-KIB Conference Room COMMISSIONER COMMENTS , Scott Arndt thanked everyone for coming tonight.Arndt also thinks it needs to slow down and be broken into pieces because there is too much•to grapple with. He will be pushing to slow it down. Kathy Drabek thanked the public for coming forward with passionate, heartfelt,well researched comments. She is listening. Maria Painter stated she wanted to let the public know that this process is not something that's life threatening to the public health,welfare, and safety. It's not something we have to rush through.As commissioners we have the authority to slow it down, so we've heard you and she agrees that it does need to be slowed down. It needs to be broken up into smaller pieces so that you can comment on them. It should be done on a monthly basis so that when we receive notifications from you agreeing or'disagreeing on it.instead of just nodding our heads and saying thanks. It's really important that we do slow this down. She feels sometimes like it is shoved down her throat as a. commissioner to hurry, hurry, hurry and there Is no hurry so she prays that at the November 4th meeting that the commission agrees to slowing it down, taking more time designating the specific time, once a month, and not making it so rough on the commissioners.There was a time when we Were doing 3 meetings a week and you're trying to shove all this down and take care of your family and take care of business too.It's not that eminent. It's important but she wants to do this right the first time. She doesn't want this to be a big mess with a bunch of garbage in it. She really believes the people have spoken,especially tonight saying to slow if down and we need to listen.Thank you for attending tonight. Jennifer Richreek thanked everyone for partiapating and being part of the process. Speaking to the pace, this has been a process that's been going on for over 4 years and it's been public every step of the way with special scoping meetings for different.groups and going out to the villages. Every effort has genuinely been made.Is it perfect; sorry, but every effort is trying to be made.This Is not the last minute and is an ongoing process. Thankfully we've got you attention. It has been ongoing and is iterative and impacts different stakeholders. This Is exactly what you are asking for we are going through the consultation,the deliberation,the scoping.That's what we are doing here today. Richcreek thanked the public for participating in the process. In hearing there was some comments today about double standards and inconsistencies, those situations are more likely to exist With a vague code and so with this-revision, the intent is.not to over regulate but to provide clarity and consistency on an even playing board to make an attempt to minimize that level of interpretation and double standards.The spirit is to provide clarity,to address that genuine concern that is shared amongst the community. More words do explain the process and provides options for flexibility that were requested today. There's quite a bit of thoughtful diligence being paid attention to community resiliency, local food production, the active fishing community, being a working town, affordable housing, the unique situation of the villages. Thank you for bringing up these specific details. Input is important. Richcreek stated that conditional use is not a limit or a prohibition. Conditional use is exactly what was asked for, it's a scoping process, it's_review, deliberation, consultation,and discussing it out. Many times conditional uses are permitted but it's just something that gets vetted. When you see a C in the use tables that means this Is an opportunity where there could be some unique circumstances that perhaps this warrants extra deliberation. Its not saying no its not taking that option away, its just taking it to the level of further scoping.She's looking forward to hearing more at the meetings. Alan Schmitt thanked everyone for coming but tonight and missing part of the World Series. The commission has spent a lot of time on this.The commission has spent a lot of time on this.We got a.package of material.from the PAC and they, he doesn't want to minimize their efforts but they kind of got to the end and his understanding is they felt like they were spinning their tires on this stuff and they said OK, it's time to hand it off to the commission. It somewhat coincided with Mr. 10/29/2014 P&Z Minutes Page 13 of 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 41 of 67 AGENDA ITEM #17.A.1. Pederson coming on board time wise and Pederson brings a wealth of information and experience in having dealt with codes elsewhere and has really helped the commission go through what the PAC had recommended,steamlined it, and put it more in a""format that is a lot closer to the existing code than what the PAC folks had come up with. The commission took, he thinks it was a total of 29 public meetings where we went over that and there were some commissioners who would have liked to have spent another 2 or 3 years doing it and there's something to be said for taking a long time but there's also something to be said for let's get it to the public, let's see what the public thinks about it. We're probably going to have to tweak some things and there are things in what has been presented to the public that the commission wasn't in agreement on.We're going to have to vote on it at some point, we haven't taken any action yet to actually pass this on to the assembly. We're at the stage of getting public comment and we really sincerely appreciate, we know it takes time to do it.It's encouraging to him to.see so many people here tonight that had done that because that's what we need. Schmitt thanked the public and said they are welcome to come back on the 51" but he encouraged them if they can't have their friends and neighbors who have some time to look at this and give it some thought to come forward. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION VICE CHAIR SCHMITT adjourned the meeting at 8:41.p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION COM/M/ —ISSION BY:5:07,170;#441-- :0 70/" • A4 t,Vice Chair ATTEST • See • By: 10.tch Chili Sheila Smith,Secretary Community Development Department APPROVED: February 18, 2015 • 10/29/2014 P&Z Minutes Page 14 or 14 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 42 of 67 AGENDA ITEM #17.A.1. RECEIVED Kodiak Island Borough MAR 42015 Planning & Zoning Commission BOROUGH CLERICS OFFICE Minutes KODIAK.ALASKA January 21,2015 Regular Meeting 6:30 p.m.in the Assembly Chambers CALL TO ORDER VICE CHAIR SCHMITT called to order the January 21, 2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR SCHMITT led the pledge of allegiance. ROLL CALL Requested to be excused is Pat Olsen. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria Painter,and Scott Arndt. Excused was Pat Olsen. A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker, and Sheila Smith. COMMISSIONER ARNDT MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER RICHCREEK MOVED to suspend the rules to hear New Business Item B before the public hearings in the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER RICHCREEK MOVED to approve the January 21, 2015 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the October 29, 2014, November 5, 2014, and the December 17,2014 Planning&Zoning Commission minutes. COMMISSIONER RICHCREEK stated in the October 29°i minutes there are no commissioner comments but comments were made. COMMISSIONER RICHCREEK MOVED TO AMEND the motion to remove the October 29, 2014 from the main motion. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY CmZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to three minutes per speaker. Local: 486-3231 Toll Free phone number.855-492-9202. Kyle Crow recommended the commission effectively kill Draft Codes 16, 17, & 18 as soon as possible. He's heard it can be done by tabling indefinitely and he's not sure if this allows these 1/21/2015 P&Z Minutes Page 1 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 43 of 67 AGENDA ITEM #17.A.1. codes to be brought back to life at some future time. Crow asked that the commission not allow , this can to be kicked down the road to some future time when the public awareness blows over and no one is watching so it could then be pushed through. He does not object to various sentences or paragraphs-that are contained in them being used to improve the existing code. He does object to the draft documents being moved forward in general due to their huge deficiencies in format and added unnecessary over regulation including the addition of multiple new zoning districts, changes in zoning districts, prohibitions, errors, and numerous unacceptable allowances for the department to make determinations and opinions about what people may or'may not do. We thought the code update would be correcting those problems and It Is in fact worse than before. He recommended the commission listen to what the public is saying; there are many thoughtful'and informed people who have been reviewing these drafts independently and coming to the same conclusion that you need to scrap these draft documents and get to work fixing the existing codes. Use the existing code as your,foundation documents from here forward as when compared side by side they are clearly the better starling point.The draft documents are too radical, have too many errors and problems,and they do not satisfy the original intent of the code update.The effort required to fix them would be more than required to update and repair the defects in the existing code. If you are unable to accomplish this within your authority or because you are unable or unwilling to for some other reason he recommended you forward them to the assembly for action recommending they scrap them and request they redirect you and the department to start working to update and repair the existing code. Crow will not be going away and he'll be keeping a close eye on this for the long haul. He loves this community and he will not sit idly by and watch It be abused by bad laws and sloppy administrative processes:Additionally, there is a lot of misinformation and confusion about what your path forward will be and he urged the commission and staff to better communicate what is happening, perhaps through e narrative via the radio and newspaper. Block ads and borough website may not be clear enough.for all people. He is also'confused. Dennis Symmons stated he understands there are elections tonight for chair. He thinks it's time for new leadership on the commission. He was at a recent work session where Ron Painter shared that he thought it was inappropriate for the chair to speak for what sounded like the rest of the commission and Symmons agrees with Painter's statement. At the risk of wasting everyone's time he hopes Scott Arndt is recognized as a chair for the Planning and Zoning Commission. Obviously, Arndt doesn't approve of Symmons coming campaigning for him. Symmons staled he's worked with Arndt for a long time and Arndt seeks the truth. We had troubleshooting on the Service District over the years and Arndt fought the good fight all the way. If he can change anyone's vote that is his purpose of being here tonight. Mel Stephens stated he agrees with the suggestion of the revisions be postponed indefinitely- killed. He disagreed with some of the reasoning of Mr. Pederson's January'14 memo in that it seems to imply that people who criticized the present goings on are either confused or misinformed. He does agree with killing it He's not confused and he doesn't think he's misinformed. This doesn't mean he thinks the commission should go forward with rewrites of Titles 16 and 18, he thinks they should also be tabled indefinitely and not picked up again. Please don't buy into the idea that because the recent criticism is focused primarily on Title 17 and everybody's OK with Titles 16 and 18, they aren't.The proposed comprehensive rewrites of Titles 16 and 18 suffer from the same birth defect as the proposed rewrite of Title 17. Basically, it was simply decided to begin With that a comprehensive rewrite was necessary. Your focus should be first identifying and describing specific real problems or problematic situations which have actually arisen because of the purported shortcomings in the current code. Only once that's done are you going tope in any position to determine first whether the problem was in fact code related and if so'how much, and secondly whether the actual problems you've'identified truly call for a comprehensive rewrite of a title of the code as opposed to a limited and carefully focused amendment of it. Stephens prefers all three titles are tabled indefinitely. If you decide not to do that please have a colored comparison for Titles 16 and 18 prepared in the same 1/21/2015 P&Z Minutes Page 2 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 44 of 67 AGENDA ITEM #17.A.1. manner as Title 17 and do it well before the next public hearing on it. Finally, especially with regard to Title 16, you need to have some review and discussion of the estimated financial impact of some of the more important proposed changes. For example, don't just tell me that 60 foot rights-of-way are better than 50 foot rights-of-way or that local roads should have 24" of sub-base instead of 18"of sub-base, give me some kind of idea what those changes are going to mean in terms of the cost of constructing a road or preparing a subdivision, tell me because of that what you think the impact will be on the willingness of property owners to go forward with subdivisions.These are very important things. Kodiak could become a beautiful little ghost town if the code requires ever more increasing money to subdivide your property. Frank Bishop stated he's been going over the draft codes the last couple of weeks and like the people before him said it's very confusing. There are just a couple of things in Title 17 that he's seen that pertain to him personally; one is in 17.100.030-1 that is prohibitive of guiding, outfitting, recreational mining, fishing, charters, and fishing services on outlying lands that are zoned in the Paeagshak-Chiniak area. Bishop owns land out there and works off that land as a guide. II this goes through he's not going to be able to work off his land. Bishop pays taxes on that land just like the other land owners do and to have you people tell me that he can't tun his business on his own property is absurd. He can't stress enough how much he'd like to see this go back to the old code and be re-revised taking it item by item of what the people need. The people of Kodiak need a simple code that we can all live by. Bishop is not against codes of airy kind, he knows we need them to move forward with Kodiak but some of the things written in it are just absolutely can't be done. It would basically put him out of business. Secondly, in 17.160.150 the accessory dwelling units, if you revise the Old code add this back In there because the people of Kodiak need a place for the elders to live that come to live with them. If your grandmother, mother, or father need help and they can't afford the old folks home or whatever they need a place to go, they need to be able to build a mother in law apartment on the property where they can do something with it. Sandy Pherson stated she has quite a few issues withTitle 17 but since you are reconsidering it she won't comment on it. She has concerns with Title 18 as well.The most important one is she was able to connect 4 distinct pieces in Title 18 that will regulate collecting of cord wood, drift wood, trees that are already downed, and natural plant vegetation. It will make it so you have to get a permit to pick berries, gather wood for a fire on the beach. The residents of Kodiak are already following the rules for the native owned land and she doesn't see how changing the borough land to that similar characteristic will be productive or have anyone in Kodiak happy with it. NEW BUSINESS B) Reconsideration of the Motion to Postpone the Special Public Hearing on the Code Update Project from January 28h to February 4,2015 with the Meeting to be Held in the Gerald C. Wilson Auditorium Director Pederson stated we were able to get the auditorium for February 4, 2015 for the public hearing. KMXT will broadcast the meeting but there won't be call in capability. COMMISSIONER PAINTER MOVED to amend the previously adopted motion on January 12, 2015 that states "Move to postpone until the January 28, 2015 Planning and Zoning Commission Special Meeting" to "Move to postpone until the February 4, 2015 Planning and Zoning Commission Special Meeting." VICE CHAIR SCHMITT said if we get more than 100 people and they want to speak the likelihood is that they wouldn't be able to be heard during the time allotted. We go from 6:30 to 11:00 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY 1/21/2015 P&Z Minutes Page 3 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 45 of 67 AGENDA ITEM #17.A.1. PUBLIC HEARINGS A) Case15-011 (Postponed from December 17;2014). Request a Conditional Use Permit for non-recreational mineral'extraction activities (gravel extraction) on a C-Conservation Zoned parcel (KIBC 17.200.010 and 17.50.040.F). The applicant is the Department of Transportation & Public Facilities and the agent is Jennifer Micotichek. The locatlon'Is NHN West Rezanof Drive (across from Gibson Cove; Road) and, the zoning is C- Conservation. • Jack Maker stated this conditional use permit is to permit gravel extraction for future State road Projects.The proposed site is an approximate 8.4 acre portion of a nine acre parcel on the west side of West Rezanof Drive just west of Gibson Cove. Non-recreational mineral extraction activities are listed as a conditional use for Conservation zoning. The.Alaska Department of Transportation and Public Facilities proposed to develop this gravel extraction site They intend to maintain sufficient buffers around the site and perform remediation upon material exhaustion. Staff recommended the'posting of permanent .sighs to warn drivers of trucks entering and exiting the roadway. At last week's Work Session, the commission requested that staff draft an additional condition of approval,that does not limit the material extraction from this site to any specific amount per year That condition of approval is added to the amended motion In'the supplemental t in supplemental o m mended appioyal 'subject to the four conditions of approval In'the m m In response to COMMISSIONER PAINTER'S inquiry of Condition #4, should it be:included since the State's extraction plan indicates an agreement is in place that less than 5,000 cubic yards will be extracted on an annual basis, Director•Pederson said no the direction.of the commission was that the State said that in their application but we didn't want to limit them because the needs of the road project may change. In response to COMMISSIONER PAINTER'S inquiry of what steps are being taken for potential erosion in the extraction area in regards to the wind farm, Director Pederson said none that are established in the conditions of approval for this permit. COMMISSIONER ARNDT MOVED to _grant a Conditional Use Permit for non-recreational mineral extraction activities (gravel extraction) on a Portion of Lot.2, U.S..Survey 1673, State Quarry Site (KIBC 17:200.01.0 and 17.50.040.F), subject to tour(4) conditions of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact"for Case No. 15-011. - Close regular meeting&open public hearing: Rob Greene stated they usually deal with DNR and DNR is up to 5,000 yards per year. We thought this was a DNR site when we started and staff found that we own it. We asked,that we're not limited on the amount of extraction. The,department is looking at future projects•and rock sources. We as a community need to look for projects where we can have a loco! rock resource. In response to COMMISSIONER RICHCREEK'S inquiry in concern for maintaining the geotechnical integrity of Pillar Mountain and the important infrastructure with the wind turbines above,tan you speak to the grading plan and how that ensures geotechnical integrity for the mountain and infrastructure above, Rob Greene stated he can't speak specifically to that'fhe windmills are quite a ways away from this area We would set it up and.have the engineers lay it out once we do develop it and come forward with a benching plan. It's mostly site specific. Before anything can be done it has to be site specific to meet all the requirements. Marnie Leist stated this location is the face of our community. The past few months haven't been pleasant trying to drive on that road. She expressed concern about the gravel on the road, dust and dirt thrown up, and trucks speeding.There are limits pushed and boundaries crossed so she wants the language to be specific; for example re-vegetation and cleaning the road. She 1/21/2015 P&Z Minutes Page 4 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 46 of 67 AGENDA ITEM #17.A.1. wants it to balance out with those being a functional community on our main road that many people drive on every day. Close public hearing&open regular meeting: CONDITIONS.OF APPROVAL 1. With the exception of the driveway section, a twenty-five (25) foot wide path of natural vegetation extending Inward from the outer boundaries of the parcel shall be retained to provide for sufficient setbacks, buffers, and other safeguards between the ektraction site and the surrounding area. 2. Once material from the extraction site has been exhausted, the area shall be re-vegetated to blend in with the surrounding area to the maximum extent possible. 3. Permanent signs shall be posted to warn drivers of the potential for trucks entering and exiting the roadway along the affected section of West Rezanof Drive. Such signs must be approved by the Alaska Department of Transportation and Public Facilities. 4. Material extraction from this site shall not be Gmitedto any specific quantity per year. FINDINGS OF FACT • 1. The .conditions of approval should ensure the gravel extraction site operates'with no negative impacts to the value, spirit,character, and integrity of the surrounding area or harm . to the public health,safety,convenience, or comfort. 2. The conditional use satisfies all requirements of the C-Conservation zoning district. 3. The conditions of approval should provide for sufficient setbacks, buffers, and other safeguards between the extraction site and the surrounding area. 4. This conditional use permit is not for a public use or structure. . ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY " B) Case S15-011. Request preliminary approval of the subdivision of Tract 37, T27S, R2OW, Seward Meridian creating Tracts A and C of Tract 37, T27S, R2OW, Seward Meridian and the subdivision of Lot 43, U.S. Survey. The applicant is the State of Alaska. -Department of Natural Resources and the agent is Kodiak Electric Association. The location is NHN Pillar Mountain (KEA wind farm site)and the zoning is W-Watershed and C-Conservation. Maker stated this request Is part of KEA's multi-year effort to establish the lease area for the Pillar Mountain Wind Project. The submitted plat has undergone four rounds of review and revision by the Alaska Department of Natural Resources Survey Section. Those reviews resulted in the submission of a preliminary plat in Final Plat form. Staff reviewed the plat for conformity and revealed five minor technical issues that should be adequately addressed by the specific conditions of approval in the written staff report. This subdivision application also requests a waiver from the dedicated right-of.way frontage requirement of KIBC 16.40.050;B.8, the minimum right-of-way and traffic-way width requirements of KIBC 16.80.030, and the road construction requirements of KIBC 16.80.070. Due to the unusual development and conditions- related to this site, the strict application of those requirements would result in practical difficulties for the applicant. Staff has determined that those waivers are warranted as indicated in written staff report and in the provided findings of fact. At last week's work session, the Commission requested that staff draft an additional finding of fact pertaining to a noted discrepancy in zoning that occurred during the permitting of the Kodiak Wind Project.That finding of fact is included in the supplemental memo in your case packet. Staff recommended approval subject to the five conditions of approval. In response to COMMISSIONER PAINTER'S inquiry regarding the public access easement within the proposed tract, Maker stated the existing roadway is a 60 ft. wide public access easement, the 50 ft. wide section line easements to each side of the property line that goes through Tract C and Tract A and B is also indicated"although in the remainder tracts it's not 1/21/2015 P&Z Minutes Pages of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 47 of 67 AGENDA ITEM #17.A.1. indicated. It's indicated within the plat area but the section line easements exist through that particular line. In response to COMMISSIONER PAINTER'S inquiry how can we resolve the problem of the wind turbines being on Watershed which.is.riot an allowed use in that zoning district, and do We allow wind turbines In all Watershed Districts as a conditional use, Director Pederson stated the wind turbines were permitted with a conditional use permit and he doesn't know how the zoning map was misread at that time in hindsight would have,been to do a similar use determination. We believe estoppel applies at this point in time and that's why a finding has been added.No it doesn't mean other wind turbines would be allowed in Watershed, we would need to do a similar use determination to do that. In response to COMMISSIONER PAINTER'S inquiry of in the findings of fact it says the approval waives the dedication of right-of-way frontage, can you expand on thetas far as what the public will lose if it's approved, Director Pederson said we don't believe the public will lose anything because their public access to the tract is provided by the section line easement, he believes it's Revised Statute RS2477 where there were section line easements established throughout the state. COMMISSIONER RICHCREEK requested a determination if there is a perceived conflict of interest because she's employed by KEA'and has been involved'with'the land lease agreement with DNA and she's been involved with this survey case. She will not be paid extra for the outcome of this case. The commission determined there is not a conflict of Interest., In response to COMMISSIONER ARNDT'S stated when we.find mistakes that were made'in the past, when we find out about things'we need to address them so that 20 years from now someone 'isn't trying to look 'through and see`why wasn't this brought up. Mr. Pederson mentioned there was a mistake made but staff is making a determination of similar use and it stated in here that#5 was added under the findings Of fact. He-appreciates clarifying things for the future. COMMISSIONER ARNDT'MOVED to grant preliminary approval of the subdivision of Tract 37, T.27S, R.20W, Seward Meridian creating Tracts A and C of Tract 37, T.27S, R.20W, Seward Meridian and the subdivision of Lot 43, U.S. Survey 2539 creating Tract B of Lot.43, U.S. Survey 2539 (KIBC 16.40 and 16.110), subject to five (5) conditions of approval and to adopt the findings in the staff report entered into the record for this case as"Findings of Fact for case 515-011. • Close regular meeting&open public hearing: There was no public testimony. Close public hearing&open regular meeting: Brief discussion CONDITIONS OF APPROVAL 1. Plat note No.2 (subject to,all copy right laws) shall be removed from the Final Plat. 2. ."Register"shall be revised to"registered"on Final Plat surveyor's certificate. 3. "Asr built"shall be revised to"plat"on Final Plat surveyor's certificate. 4. Second legend reference to'GLO/BLM monument recovered"shall be revised to"GLO/BLM monument not recovered"on Final Plat. 5. Legend reference to"#1 -.#10 points with coordinates found in point table on sheet 2"shall be revised to"#1 -#9 points with coordinates found in point table on sheet 2 on Final Plat. 1/21/2015 P&Z Minutes .Page 6 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 48 of 67 AGENDA ITEM #17.A.1. FINDINGS OF.FACT 1. This approval waives the dedicated right-of-way frontage requirement of KIBC 16.40.050.B.8, the minimum right-of-way and trafficway width requirements of KIBC 16.80.030, and the road construction requirements of KIBC 16.80.070. Waiver of these requirements should not negatively impact the public welfare or the interests of the Borough and surrounding areas. City of Kodiak Ordinance No. 1237 authorizes access to this site from the historic Pillar Mountain access road. From that point, access to the new parcels is provided by a 60 foot wide improved public access easement and 100 foot wide unimproved section line easements.The construction and width of the existing roadway within the public access easement provides adequate vehicular access for the current development. That roadway, combined with the potential to construct new roadways within the section line easements, should provide adequate vehicular access for any future development. 2. The adopted conditions of approval should ensure this plat meets all other standards of Chapter 16.40(Preliminary Plat) of the Borough Code. 3. This plat meets all the requirements of Title 17 of the Borough Code. 4. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. 5. The Kodiak Wind Project was permitted as a conditional use (utility station) in C- Conservation zoning. The facility has since been found to have been constructed in W- Watershed zoning. A similar use determination finding that the wind project is similar in nature to electric distribution lines and substations (a listed permitted use for W zoning) would have been the more appropriate process to approve this facility. The Conditional Use Permit and similar use determination processes both require a public hearing and decision by the Commission. Nevertheless, the process that resulted in Commission approval of the facility followed the same requirements as a similar use determination; therefore, that approval satisfies the permitting requirements for W-Watershed zoning. No further action is necessary. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case S15-012. Request Preliminary approval of the subdivision of a portion of Tract R-2, Killarney Hills Subdivision and the vacation of Lots 11-14, Block 4, Killarney Hills Subdivision and corresponding utility easements, to create new lots 11A-19A, Block 4, Killarney Hilts Subdivision and Tract R-2A, Killarney Hills Subdivision (KIBC 16.40). If approved,this action will create nine new lots, with all lots fronting on Woody Way Loop or East Rezanof Drive. The applicant is the Kodiak Island Borough. The location is NHN Woody Way Loop(near KANA Field)and the zoning is R2-Two-family Residential. Maker stated this subdivision request was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal. The area subject to this request was approved for disposal by KIB Resolution No. 2015-09. The intent of that disposal was to create nine lots to be offered for sale to the public at a future land sale.This preliminary plat will create those nine lots. All lots meet minimum lot area and width requirements for R-2 zoning. Lot configuration Is also consistent with the conceptual design that was identified during the land disposal case. This design received favorable reviews from the Borough and City Parks and Recreation Committees. Staff review showed that City water and sewer service is not currently provided to all lots and that the driveway access to lot 18A should be restricted to Woody Way Loop. Three technical issues were also identified. In addition, KEA has requested additional utility easements. These issues should be adequately addressed by the conditions of approval listed in the written staff report. Staff recommended approval subject to the seven conditions of approval. In response to COMMISSIONER SCHMITT'S inquiry of the idea of proceeding with some type of sub-area plan regarding the remainder tract, would staff address how that may be 1/21/2015 P&Z Minutes Page of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 49 of 67 • AGENDA ITEM #17.A.1. accomplished, Pederson said under your code an effort such as that can be initiated by a motion and can also be done by the assembly. COMMISSIONER BALDWIN'MOVED to grant preliminary approval of the subdivision of a. portion of Tract R-2, Killarney Hills Subdivision and the replat of Lots 11-14, Block 4, Killarney Hills Subdivision and corresponding utility easements, to create new Lots 11A-19A, Block 4, Killarney Hills Subdivision and Tract R-2A, Killarney Hills Subdivision (KIBC16.40), subject to seven (7) conditions of approval.and to adopt the findings in the staff'report entered into the record for this case as"Findings of Fact'for case S15-012. Close regular meeting.&open`public hearing: Bud Cassidy, Borough Manager and applicant, thanked the commission for all their work. He urged the commission to approve this subdivision.The disposal was approved-by the assembly by Resolution 2015-09. There really is a demand for land close to town. You have a suggestion by the Parks and Recreation Committee to formalize the park that's inside that area. We also heard at our Strategic Planning session this weekend that there's a need for affordable housing in Kodiak.Apartments have closed downtown and Jackson's Trailer Park is for sale.We may be Seeing a Peal demand for land. In response to COMMISSIONER RICHCREEK'S inquiry if there was an economic analysis that looked at the 6 versus 9 lots and the benefit of effort to return for the borough and the community of that of doing a snialler 6 lot subdivision and avoiding the Rezanof area, those 3 lots versus doing it all at once, Cassidy stated Bob Scholze did an-economic analysis but he just retired.There was one for the entire subdivision but he doesn't know of one for just the 6,lots. In response to COMMISSIONER RICHCREEK'S request to speak to the pros and cons of going for all 9 lots versus reducing to all 6 is there something that would be lost in terms of value or hardship if it was taken from 9 to 6 lots, Manager Cassidy stated there's the cost of installing all the utilities that goes into it as well as the platting and staff time You take that into effect and obviously the inure lots Split by.whatever the cost to develop the property just means there's more of a margin than-if you just had 6'lots. It's much bigger at 9 than at 6. Not all intersection lots need to be zoned Business. We have a fair amount of Business land that's,either not developed or under developed and he thinks the time will come as the community matures that it will make sense for intersections to be zoned Business. We are on;a slow growth process right now. Mark Kozak, Public Works Director, stated he's here to answer any questions regarding water and sewer. When Woody Way was developed the water comes all the way down the street to the intersection of Rezanof Drive and then goes north to Mill Bay Road. The sewer actually goes 2 directions; at the upper end of the subdivision where the last 2 existing homes are the sewer flows to the south down Woody Way, the other aspect of the sewer where the concept that he discussed with borough staff is its at the intersection of Woody Way and Rezanof Drive so the development process can develop gravity sewer from the Woody Way/Rezanof Drive intersection up along the property side in order to serve the lots with residential sewer. The water main exists but service lines would need to be Installed which would include going into the street. The water favors the property side of the road that you want to.develop so it's not a full crossing but would include that.Both utilities in the development process where your proposed right-of-way into the park is, you can by whatever choice you choose you could put in utilities into the large parcel or at least at a minimum you can make them readily available for future expansion. The sewer line on Rezanof Drive is available for gravity,.the KANA facility is On a gravity system that flows to the north and then crosses into the Puffin Drive area and sots you develop up Woody Way Drive it can come in there and provide a gravity System. Until a survey is done and you know the actual elevation of lots it's possible.some of these lots may not be able to be served by gravity.All of that will come out in your engineering and design. 1/21/2015 P&Z Minutes Page B of12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 50 of 67 AGENDA ITEM #17.A.1. In response to COMMISSIONER RICHCREEK'S inquiry of if it comes out that some of the lots are not able to be served with the gravity system, it seems the one in question is Lot 19A,-what does that mean in terms of development opportunity, is it still an opportunity to be done or is it left vacant,how does it affect the development status, Mark Kozak stated it can'be readily done, we have many situations where utilities within the road or above the downslope side of a street, there are many homes on the downhill side of Larch Street that actually have residential lift stations so the homeowner has a lift station that brings the Waste up to the system and all those on the uphill side have the advantage of gravity. When you develop the design some times because of rock or circumstances the cost of going deep enough to serve that 1 lot may be prohibitive so you choose the 1 lot be served by an individual home gravity pump system. In response to COMMISSIONER BALDWIN'S inquiry of is the cost absorbed by the rest of the lots or is it just individual, Kozak stated those people that have pump systems, it's a homeowner pump system so you, as the homeowner,will have your pump system that you are responsible for the maintenance and everything. Director Pederson stated that the utility lines and such have to be installed and be ready to build prior to final plat approval. Mike Marion stated he has a lot of Parks and Rec insight due to being Chair when this came to the assembly and was decided not to go out for the land sale at that time because of a variety of reasons. The Parks and Rec Committee had the opportunity to review this and look at potential opportunities for a recreation area. The committee came up with a comprehensive plan that's in the minutes and staff has access to it including a drawing that we spent a fair amount of time designating some areas for different age groups for use in that R2-A area and also at the end Of Murphy Way there's lot 4 that would require that whole area to create,a parking area at the end of Murphy Way, and then have a younger area for recreation closer to the parking area, and • then as you transition farther north you have the football field that's In need of parking areas on either side for soccer and other things, and try to install a restroom for both men and women. Before Mi. Scholze retired he was looking at that along with water and sewer. It would require the R2-A area to be rezoned as public lands. At a minimum we'd like to see it considered if you decide to make this subdivision area move forward and not delay much including that public land and lot 4 because this is an area of great population that doesn't have a recreational area close by. The borough also needs to talk with the city;because they have a much better opportunity to build and"maintain this area for the future. It will leave a lot of partnering, and is a great chance to make an impact for the community. • In response to COMMISSIONER RICHCREEK'S inquiry do you see the subdivision of land with the housing development precluding the development of a public use park in the remaining portion, Marion stated it won't preclude it, the ball field at the northern end is pretty close to the subdivision area and we were concerned about that and also about the loss of the dual access off of Woody Way. The plan you have before you has a single access and Parks and Rec felt that was adequate as long as it was 80 feet wide. The other area to access off Rezanof Drive Would require a fair amount of discussion with DOT because it needs to be formalized. We didn't think it needed to be 80 feet wide, we thought 40 or 60 feet wide would be adequate to have 2 way access off Rezanof and as long as that happened off Rezanof then the Woody Way access could be singled down to one. VICE CHAIR SCHMITT disclosed that he lives in the neighborhood on Woody Way Loop and he has no financial interest if the subdivision goes through. Close public hearing and open regular meeting: Discussion of the concerns of not having a plan in place for the area, the community wants the remainder of the tract designated Public Use, restrooms, the need for housing, concems'about Lots 17A through 1 9A,and what's best for the community. 1/21/2015 P&Z Minutes Page 9 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 51 of 67 AGENDA ITEM #17.A.1. Director Pederson stated the Comp Plan designates the-entire'Tract as Urban Residential so before you go into a step of potential rezone Id Public Land.you would need to do a planning process and look at the Comp Plan whether if it's not going to be Urban Residential all or part of it what would be the appropriate designation such as Open Space, Recreation, or Public Facilities and Ownership. Clearly the Comp Plan does support the action applied for COMMISSIONER ARNDT MOVED TO AMEND the motion to strike where it says Lots 11A through 19A and insert Lots 11A through 16A deleting Conditions of Approval #2, 3, 5, and 7, and striking from Condition #5 after abuts Lots 18A and. 19A and inserting Tract R2-A in its place. Discussion . CONDITIONS OF APPROVAL 1. Prior to Final Plat approval,City sewer mains shall be extended with stubouts provided for each new lot(KIBC 16.40.050.0 and 16.70.020.A.2). 2. "Tract R-2 vacated this plat'.shall be depicted on the Final Plat. 3. The Final Plat shall depict the East'Rezanof Drive centerline and the distance from,that centerline to the edge'of the right-of-way that abuts Tract f3-2A(KIBC 16.40.040.F:4). 4. The Final Plat shall depict the following legal description revisions: a. "Vacation"shall be revised lo"replan b. Reference to 5"utility easements shall be revised to 5'utility easements; c. 'Remainder"shall be removed from reference to Tract R-2A;and d. Killamey Hills Subdivision shall be added after reference to Tract R-2A FINDINGS OF FACT 1. The adopted conditions of approval should ensure this plat meets all standards of Chapter 16.40(Preliminary Plat)of the Borough Code. 2. The adopted conditions of approval should ensure that all review agency requests are satisfied. 3. This plat meets all the requirements of Title 17 of the Borough Code. 4. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY VICE CHAIR SCHMITT called a 5 minutes recess at 8:20 p.m. VICE CHAIR SCHMITT reconvened the meeting at 8:27,p.m. COMMISSIONER PAINTER MOVED to initiate a Comp Plan Amendment for Tract.R-2A and ell adjoining KIB owned property Tract C1 and CF to determine if the property should be designated for Public Use. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A) Elections—Chair and Vice Chair VICE CHAIR SCHMITT opened nominations for Chair. COMMISSIONER PAINTER nominated Scott Arndt for Chair There were no more nominations. 1/21/2015 - P&Z Minutes Page 10 of12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 52 of 67 AGENDA ITEM #17.A.1. COMMISSIONER BALDWIN MOVED to close nominations. ROLL CALL VOTE FOR SCOTT ARNDT AS CHAIR CARRIED UNANIMOUSLY CHAIR ARNDT opened nominations for Vice Chair COMMISSIONER PAINTER nominated Jay Baldwin for Vice Chair There were no more.nominations: • COMMISSIONER PAINTER Moved to close nominations ROLL CALL VOTE FOR JAY BALDWIN AS VICE CHAIR CARRIED UNANIMOUSLY Director Pederson stated there's a need for an alternate on Parks and Rec should they have a quorum and have meetings again. COMMUNICATIONS A) December Planning and Zoning Case Results Letters • B) Island Trails Network Award Notification Letter dated 6/23/14 C) Letter to the Parks and Recreation Committee dated 12/8/14 COMMISSIONER RICHCREEK MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS • A) Meeting Schedule: .• February 4,2015 Code Update special meeting-6:30 p.m.-Gerald C.Wilson Auditodurri • February 11,2015 work session-6:30pm-KIB Conference Room • February 18,,2015 regular meeting-6:30pm-Assembly Chambers By Abbreviated& Final Approvals-Subdivisions C) Minutes of Other Meetings • November 25,2014 Perks and Recreation Committee October 28, 2014 Parks and Recreation Committee STAFF REPORT COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Kyle Crow thanked the commission for the hard work they do. It's an education for him to observe and participate. Once again he urged the commission to get the word out someway rather than block ads in the paper,maybe a narrative on the radio, a small narrative, more of an explanation in the paper so people understand What is happening. Mike Marion thanked the commission stating they've put a lot of work intp this and he appreciates the recognition that that flat piece of land,Tract R-2A, in a central location in town is going to have a very monumental impact on youth and parents for year and years to come if you are able to get that rezoned. If you will help the borough populate the Parks and Rec. Committee again,they can't even meet a quorum now because-they are short 4 members.They need help getting the word out that it's an opportunity to make an impact. lt.was rewarding to• Marion. STAFF COMMENTS 1/21/2015 P&2 Minutes Page 11 of12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 53 of 67 • AGENDA ITEM #17.A.1. None COMMISSIONER COMMENTS Jennifer Richcreek stated she appreciated all the public engagement and as the hearings will resume on February 4°i in a large venue to accommodate as much public participation as possible. It would be helpful to get guidance of where to go next. The message loud and clear; current pathway unacceptable, that message was received. Now what? As the commission and borough as a whole has mixed messages of which direction to go. The Comp Plan had a specific goal to Improve the regulation and management of land uses to balance the rights of private property owners with community values and objectives and the specific implementation action chosen for that was to; update the borough zoning,code to allow for more flexible sets of uses in the smaller communities while continuing to minimize conflicts among adjacent potentially incompatible uses, the use size limitations restrictions on noise and odor, buffering and other means to minimize conflicts. That's what's been driving this process,the path,we've been on is clearly unacceptable to the community. We still have this direction to improve the land use, Improve the regulations, allow accessory dwelling 'units, allow certain things that we want to have allowed.What would be most helpful on February 4t is offering ideas on what you see as an effective pathway moving forward to achieve both goals. Richcreek thanked the public for the ideas already given tonight. Thinking through-the experience we've gained and being able to stand on those shoulders to continue Improving the path ahead would be very helpful to hear on the 4'h. Maria Painter thanked everyone for coming. Just pass the word to your neighbors,friends, and family to participate in the meeting on February 4th to comment on the Code Update. Scott Arndt thanked the commission for their support as chair, and he didn't put Dennis Symmons up to it. We've come a long ways and we have a long ways to go. He appreciates what Richcreek said. One thing he would propose after the February meeting is that-we then have a discussion at,the work session in March about the Code Update going forward. It's his understanding that the assembly is trying to schedule a joint work session with us. One thing he's thought about as a starling point is he'd like to see a list of what the problems are with the existing code and then we could lay out where we might go from there. Basically, he's looking at after February 41° and then we can go from there and come up with a plan. If anyone has questions that need clarification he is all for getting as much information to the commission before making the decision. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR adjourned the meeting at 8:42 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 570227,1/40•244— GO /T/Nd Scott Amdt,Chair ATTEST r By: Sheila Smith, Secretary Community Development Department APPROVED: February 18,2015 1/21/2015 P&Z Minutes Page'12 of 12 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 54 of 67 AGENDA ITEM #17.A.1. RECEIVED • Kodiak island Borough MAR 4 2015 Planning &Zoning Commission Code Update BOROUGHa.F.RK'S OFr ICE KODIAK,ALASKA Minutes February 4.2015 Special Meeting 6:30 p.m.in the Gerald C.Wilson Auditorium CALL TO ORDER COMMISSIONER ARNDT caged to order the February 4, 2015 special meeting of the Planning and Zoning Commission at 6:34 p.m. • PLEDGE OF ALLEGIANCE COMMISSIONER ARNDT led the pledge of allegiance. ROLL CALL Requested to be excused was Pat Olsen due to being out of the country. Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek, Maria Painter, and Scott Arndt. A quorum was established. Community Development Department staff present was Director Pederson, Sheila:Smith, Neil Horn,and Jack Maker. COMMISSIONER BALDWIN MOVED to excuse Pat Olsen. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to amend the proposed agenda to delete the initial Citizens' Comments section and just proceed with the rest of the agenda as noticed. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY PUBLIC HEARINGS A) Case: Update of KIBC Title 15Subdivisions. Request a review of the recommendations for amendments to Title 16 of the Borough Code. The applicant Is the Kodiak Island Borough and the agent Is the Community Development Department. The location is borough-wide and the zoning varies. The motion on the floor from the October 1,2014 Special Code Update Meeting is: COMMISSIONER ARNDT MOVED to advance Ales 16, 17, 8 18 to the Assembly for passing. COMMISSIONER SCHMITT MOVED to relax the rules so we can entertain the motion to postpone indefinitely. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to postpone indefinitely Draft Titles 16, 17,&18. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER PAINTER MOVED that the commission modify the existing Kodiak Island Borough Code Titles 16, 17, and 18,the modification would be a simplification of the existing code to improve the ease of use,to give clarity,to maximize freedom of private property use, and to limit control of local government power. Discussion of modifying the existing codes,guidance by the assembly, and taking public testimony. 1/12/2015 P&Z Minutes Pagel of3 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 55 of 67 AGENDA ITEM #17.A.1. Neil Horn,Code Enforcement Officer,stated there is an emergency message;there's been a.traffic accident in front of the high school with both'entrances being blocked with emergency vehicles. ROLL CALL VOTE ON MOTION FAILED 2-3. The noes,were Alan Schmitt and Kathy Drabek. The ayes were Jay Baldwin,Maria Painter,and Scott Amdt. CITIZEN COMMENTS Local call in number:486-3181 All citizencornmentswere in opposition to Draft Titles 16, 17, & 18 and were given by: Dr. Bob Johnson Tyler Randolph Kyle Crow Tim Booch Mark Anderson Sid Pruitt Ron Painter Lorna Arndt Mike Milligan Bonnie McDonald Judi Kidder Donna Jones Fred Barber Zachary Lloyd Mark Sanderson Neil Bertram Andi Krahn Dale Wilde Frank Bishop Neal Cooper Brian Hanz Jana Turvey Julie Kavanaugh Jacque Gibbs Todd Hiner Jim Rippey Bill Hoyt Mike Rostad Ginny Shank Stig Yngve COMMISSIONER ARNDT called a 10 minute recess. COMMISSIONER ARNDT reconvened the meeting.Citizen's Comments continued: Dennis:Symmoris Lenny Roberson Jim Houck Rebekah Meier Jascha Zbitnoff Jonathan Strong Randy Schuster Tom Boyer Frank Bishop G'ema Dorado Mel Stephens • •SummerBlaine Dale Rice Rebecca Dawn Jonathan King Sarah Thayer(caller) Sophie Frets Brittney Jolin Bruce Schactler William Kincaid Melissa Alexander Scot Yost Donna Creek Jack McFarland Chaco Pearman Wilton Nelson Terri Schneider(caller) Bobbi.lnvanoff Terri Storch Kyle Trout(caller) Cecille Hiner Paula Ensen(caller) Betty McTavish, MarkoPattitucci Elijah Hiner Steven Foust"(caller) Jordan Davis Melanie Lechner(caller) Oliver Holm ' " George Hartman,Sr. Alexandra Turner Steve Frets STAFF COMMENTS None COMMISSIONER COMMENTS • COMMISSIONER DRABEK MOVED to reconsider the vote on the motion to modify the existing Kodiak Island Borough Code Titles 16, 17, and 18. The modification would be a simplification of the existing code to improve the ease of use, to give clarity, to maximize freedom of private property use, and to limit control of local government power. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION RECONSIDERED CARRIED UNANIMOUSLY Alan Schmitt stated it hasn't been a very pleasant experience the past several months: Retakes this seriously and he has his own views on things. We aren't always going to agree: This is something that was in the works and given to us;we spent 1 16 years on it,went through it and we 1/12/2015 P&Z Minutes Page 2'of3 Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 56 of 67 AGENDA ITEM #17.A.1. thought there may be some good things to get out there for the community to think about. We wanted the public to tell us what they thought, and he's glad they did. Schmitt thanked everyone for coming to all the meetings, he also thanked KMXT for making their services available. He wished. we would have heard more from the villages, we tried to provide the villages with a new village zoning district. He also thanked the school district for making this available. Jay Baldwin thanked the public for coming, he realty enjoyed hearing the stories and personal challenges and successes, especially the young people. If s nice to see them with goals and ambition. Starting a small business and having it grow into a family business from a garage Baldwin definitely feels that mostly on the part of not wanting to stagger any type of growth that we could possibly have here in Kodiak, it's so important. Baldwin has children that he hopes will come back and have the chance to be successful. He thanked Tanya Brockman for the brownies, they were awesome.There's also a vacant seat on the Planning and Zoning Commission and he urged anyone interested to put their name in. Maria Painter stated she's very proud of the people of Kodiak pulling together and sending a message that we will never prevent the abuse of power if we are not prepared to limit power and that our private property use'is the foundation of our freedom. She thanked the public for coming out to voice their opinion because it does matter. Scott Arndt stated we heard you last month when the venue at the Assembly Chambers was too small. The gathering we had then and again tonight is the largest he's seen for a borough assembly meeting or planning and zoning meeting since about 1975 when he started following these things. He also had a lot of problems with the code but he does feel vindicated by everyone who has showed up to testify at all of these public hearings. The public has been heard and he feels confident that the assembly has also heard what the public has said. We make recommendations to the assembly who is the final authority. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT adjourned the meeting at 10:43 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY:SCo7,4,4o> Scott Amdt,Chair ATTEST: By:1c1f1QA0a a Sheila Smith,Secre ry APPROVED: February 18,2015 1/12/2015 P&Z Minutes Page of Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 57 of 67 AGENDA ITEM #17.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING RECEIVED Date: February 3,2015 MAR -4 IYll9 Call to order: 7:03 pm BOROUGH CLERK'S OFFICE nouIN%ALASKA Members Present:George Lee,Dave Heuman,John Isadore, Dave Conrad,Greg Egle, • Bill Ecret. Late entry:Jessica Home. Also present: Kevin Arndt-Contractor,Dale Rice-Fire Chief :Dale Rice spoke about storm damage and grading damage at his driveway on BF Road. We will add gravel and fill erosion. Contractor comments: Fixed dbl culverts on Mid.Bay Dr,did some ditching along there, a couple landings and one snow removal this past month.There are 2 culverts crossing BF Rd near Otter needing watching/probable replacement. Unfinished Business. ED: Emergency Shelter construction to begin mid March weather permitting. Fuel tank and conex have been moved from new site in preparation. 9k is needed to do engineering&design work to upgrade the existing firehall during the Emergency Shelter Project,to come from the FD current operating budget. Conrad had conversation with WBCC chair re:operation of Emergency Shelter during events,as the fire personnel will most likely be on call and possibly deployed,unable to staff the operations. FD decals for new truck to be installed weekend of 3.7.15. Road SVC: FEMA: no update. Lake Orbin fish culvert—Specifications being developed,State to pay 26k for culverts, I each at BF Rd and Lake Orbin Dr. Far end of Middle Bay drive is accumulating more junk.Owner posted with 30 day notice by Comm. Dev./KIB,then the posting was extended an additional 30 days. CD to post Cottonwood on ROW encroachment-(cars in ditches) week of Feb.9. New Business FD: FY16 Budget Work Session scheduled for 2.17.15 at 7:30 pm. Road Service: FY16 Budget &Contract Work Session scheduled for 2.17.15 at 7:30 pm. Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 58 of 67 AGENDA ITEM #17.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING We will fill the erosion on BF Rd at soonest opportunity. Board Member Comments KEA UG wires exposed on Wm Bay Dr hill just up from Lake Orbin Dr.Chair to contact KEA ASAP. Gara'Drive grading left large lip at several driveways,contractor to assess and repair. Chair and Contractor did new driveway review at far end of Pan.Ck Dr. Next regular meeting and FY 16 budget hearing is on March 3, 2015, with a second budget hearing March 17,2015,both at 7pm. Adjourned at 8:10pm. eti re ?IAte_ CHAIRPERSON WITNESS Meeting Minutes of the Fire Protection Area No. 1 Board, Feb... Page 59 of 67 AGENDA ITEM #17.B.1. Date: February 27,2015 To: Kodiak Fisheries Work Group From: Heather McCarty,Fisheries Analyst Subject:Report on meeting with ADF&G Commissioner Sam Cotten,February 26,2015 I was able to accompany Borough Assembly members Carol Austerman,Rebecca Skinner and Larry LeDoux and lobbyist Mark Hickey to a meeting yesterday with Commissioner Cotten.Our hope was to obtain a little more information on his thoughts regarding the Gulf Trawl Bycatch Management(GTBM)action at the North Pacific Fishery Management Council (NPFMC),and the 130F proposal to provide for a pollock fishery in State waters. After the November election of Governor Walker,the Commissioner and the Council stalled the GTBM action until October 2015,to allow for the State administration to review the current proposal and suggest possible changes in direction. The Commissioner indicated that the administration remained very interested in providing a system to allow better control of bycatch,but said he was not certain the best way to do that was to institute a catch share program that granted control of the fisheries resources to historical harvesters in perpetuity.He said he was certainly not ready to make public any new proposal,but that he had been looking at alternative ideas.One of those he mentioned was somehow institutionalizing the current voluntary cooperative management system • being used in the pollock trawl fishery.He also talked about allocating individual bycatch amounts to harvesters to arrive at a system of individual accountability for bycatch performance.lie did not give a lot of detail on either of these ideas,but we did have a brief discussion on bycatch accountability and how it could be implemented. Cotten emphasized that he was looking for discussion and feedback from the interested public on new GTBM ideas.We provided the Commissioner with the most recent City/Borough letter to the Council (October,2014),and mentioned that the letter,while quite general,did support the GTBM action moving forward,and acknowledged that cooperative management was a workable tool to manage bycatch. Regarding the proposal to create a State waters pollock fishery with part of the Federal TAC, Cotten said that if the Federal fishery was expected to become a catch share fishery he would be in favor of also having a State waters fishery,which would presumably be open to other participants.However(and this was less clear),he appeared to agree with comments made by Duncan Fields at the most recent BOF Pollock Working Group meeting that the planned BOF meeting on a State waters pollock fishery should be delayed until after the Council becomes more certain about their intent regarding the GTBM action.(NOTE:This should happen in early October,so if the BOF meeting were in late October,the timing would seem to be workable.) Assembly members also told the Commissioner how much the community would like to host him,and have further discussions on these and other topics. He said he was trying to get to Kodiak for ComFish.Also,he will be meeting again with Kodiak folks when they come to Juneau at the end of March.We mentioned that the KFWG is planning a facilitated roundtable forum soon on the subject of GTBM,and he said he would be interested in Report on Meeting with ADF&G Commissioner Sam Cotton, Februa... - Page 60 of 67 AGENDA ITEM #17.B.1. attending.He also indicated that it would be difficult for him to spend much time out of Juneau during the session. The meeting was cordial and informative.In summary,Cotten was clear that he would indeed prefer to move in a different direction on GTBM than what is in the current proposal, and acknowledged that he knew that some stakeholders in the harvesting sector may not agree with moving away from a catch share program for target species. If any of the other attendees would like to fill in more details in this summary,please add to this brief report.Thanks for inviting me to attend! Report on Meeting with ADF&G Commissioner Sam Cotton, Februa... Page 61 of 67 to -, as Q N _O 0 cn Kodiak Island Borough co co Project and Contingency Budget Summary CO CO ra a P c 0 E 0 p X Original prefect Remaining Project Original COntlruatlon Remaining Combustion Total Remaining 0' Project Project gadget Contingence Contingency Construction Budget Contingency Contingency Contingency f Cril N onto,latter,Bay pooch 3,164,0.00 210.000 2H.O8O 1,500090 50,821 $ 50.821 4. $ 285,301 lD see Protection Area No,1 Generator 155.109 7,514 7,514 116288 $ - $ 7.514 0 Four School Generators 1776,765 151,245 151245 975.000 $1,000 $ 39,517 r S 190.762 } NHS FtltliYOn and Renavaoon €0419,649 1.6)9,15] 1.6)915] 66,]51750 3.06409 , 0 $ 2,093,349 $ 3.772.006 X landfill Lateral Expansion 32,WO.AU 2,21560 2,215,000 25,0000,000 0379,553 $ 0,415,811 $ 3630,821 cntong Term Cate Facility 19.865.000 2,523.519 2.523,518 15.464,346 90000 $ 1,4&4,985 $ A�,093 • Women's Bay Emergency Shelter 1.500p]0 800.00 BO,WJ 1,150,000 15,250 $ 11,014 ' $ 94,014 HS Project Budget omounts include the Construction Budget amount.For exempla the Project Budget o/$II maann fortheAnton toners Boy Dock includes the$1.5 million budgeting construction. O O A ConsM1UrmnCOnrrngenayond Proje[(CCn(Nqm[y amounts cur separate and[om6ineE(p ewer the total[mWq[nryavailable/or a project. D -cs 0 Projects mrhout acomtru[NOn contingency Awe not been put out to bid.Once the bids ore bock/or these projects O[cosmic..rotangency will be set. P. Q updated'.March 3,2015 S co n 0 m to 0 m n NJ m 3 V N AGENDA ITEM #17.B.2. tr t 161 Kodiak Island Borough Engineering& Facilities Department 4. c"" Projects Office 710 Mill Bay Road nit n r Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 To: Bud Cassidy,Borough Manager Cc: Bob Tucker,E/F Director From: Matt Gandel,Project Manager/Inspector RE: Change Orders for Period Ending February 28,2015 Below is a summary of approved change orders for capital projects for February 2015: KHS Addition and Renovations Watterson Construction Co.-Contract 2013-24 Change Order 440-$60,448.00 1. Moisture issues in basement required installation of resilient flooring instead of tile-$2,836.00 2. Repaint corridor A228 to achieve desired architectural look-$1,742.00 3. Building inspector required additional exterior lights for Phase 4 occupancy-$2,405.00 4. Construct temporary exterior enclosures until glazing system arrives-$19,740.00 5. Deflection in existing Area B 2nd floor slab required new drag strut beams be lowered-$2,188.00 6. Stainless steel screen fence cost increase since initial bid-$5,578.00 7. Area B concrete shear walls to be furred out to accommodate electrical boxes-$5,305.00 8. A304 storage room upgraded to a 1 hour enclosure due to HVAC ducts passing through ceiling - $4,097.00 • 9. Sidewalk ramp adjacent to Borough building exceeded grade and required railings-$3,590.00 10. Modify aluminum flashing due to larger profile of fire rated curtain wall frames-$2,912.00 11. Install lighting at Reception Counter B104-$2,960.00 12. Seal all gaps in Syntheon panels in Area B-$7,095.00 School Specialty,Inc.-Contract 2014-33 Change Order 403-($10,000.00) 1. Credit for damaged table tops-($10,000.00) Womens Bay Emergency Shelter Jensen Yorba Lott-Contract 2014-13 Change Order#20-$15,000.00 Additional Civil Engineering.. 1. New water filtration and sanitizing system required by DEC due to ground conditions 2. Additional permitting and waste water system design due to ground conditions • 3. Building and site plan revisions to accommodate Items 1&2 Change orders-February 2015 February 2015 Change Order Report, KHS Wilson Report, Other ... Page 63 of 67 AGENDA ITEM #17.B.2. 1 `A'WILSON ENGINEERING MONTHLY PROGRESS REPORT. Kodiak High School Renovation - - - Period Ending; February 28,2015 . , Summary: Progress continues with the Phase 6 renovation and expansion of Area B.Watterson Construction has started erecting the primary steel structure that connects Area B to the new Towner complex.The structural steel framing is expected to be completed early next month.Also started this period is the replacement of the Area B roof membrane that will extend across the new roof constructed between Areas A&B.Exterior insulated siding panels have been installed on the Area B east face.Interior level one,south of grid 17 is completely framed with all electrical and mechanical rough-in completed.Gypsum wall board in this area is scheduled to start next month.Level 2 framing is now 75%complete with utility rough-in progressing accordingly. AUH 103 has been installed in the Area B 3rd floor mechanical room and is now ready for supply and return ventilation distribution.The KIBDS Learning Center was vacated this period making way for scheduled abatement and demolition.50%of the Learn Center structure will be removed to accommodate the new Main Entry,vehicle entrance and parking areas. T\nl \ Work This Period:IV RI 'yf.I • Area B exterior siding '$''' .I �r,(q - } ;. • I • Structural steel erection `4. //�� p,� • • Replace Area B roof membrane 3,.,k fr ,,r { N, r s l„, I, if 9 1,17 ,, • Continue level 2 framing '�s fi .,a - • Select demo at the Learning Center nei tii ,, 'Tiff _•StJ ��fir-,14;:::,y t` .1 - xZ n P Pt. r fl '• P . Work Scheduled Next Period: - . _ ;.—__ ' i s ; -1- i w -� • Area B exterior siding Area B in-fill structural steel • Area B interior framing level 2 • Area B framing for entry curtain walls • Area B roofing • Learning Center abatement/demo ��� , i egg i -,.1 m .a 3.2 1 .i 11 4, Mail t Schedule Status:Phase 6 completion revised to / r?w , - October 1,2015 Scheduled Milestones In Progress RFI's a ` 4 !^c'�--®. Phase Start Milestone % Complete Last Period 15 -43F `7” .---._�,. 3 4-5-13 01-16-14 100% This Period 33 Area B new roof deck 4 4-5-13 11-18-14 100% Open RFI's 03 5 6-1-14 08-21-14 98% 6 6 4-14 10-01-15 30.3% Total To-Date 546 - *®r^"' �� Bruce Walter,Project Manager --�we % ,tLea� Area B level 2 looking toward the west • February 2015 Change Order Report, KHS Wilson Report, Other ... Page 64 of 67 AGENDA ITEM #17.B.2. M' ° = Kodiak Island Borough i)z- Engineering& Facilities Department r. Projects Office 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel,Project Manager/Inspector CC: Bud Cassidy,Borough Manager Bob Tucker,E/F Director RE: Projects Status Report for Period Ending February 28,2015 LANDFILL LATERAL EXPANSION ASRC SKW Eskimos,Inc.is the contractor for Phase III of the Landfill Lateral Expansion,construction of a new leachate treatment plant.ASRC started in January 2015 erecting the steel framework and exterior metal panels for the new treatment plant building, and all the panels and roof were completed in February 2015. The panels on one side of the building were damaged during storage and will be replaced by the contractor, but were installed for now to keep the building water tight. The painting/coating of the interior is scheduled to start March 2, 2015, followed by the start of the extensive mechanical and electrical work required for operation of the plant.The Phase III contract calls for substantial completion by May 31,2015.In November 2014,ASRC requested a 12-week extension to that completion date; KIB has postponed responding to this request to the end of the 1° quarter of 2015,after an evaluation of potential impacts to the project cost and landfill operations,as well as any regulatory completion requirements. ':T c / / - 8 * Itzy, lr rte — th (�O.) ).� 1'I II ' �'cc ji>r�rl d rc; .: ,k .tor r'Y" a :f Roof Panel Installation Damaged Wall Panels Fully Enclosed Building ANTON LARSEN BAY DOCK KIB has received Alaska Legislature and Denali Commission grants to provide upgrades and expansion of the existing floating dock facilities at Anton Larsen Bay. Jensen Yorba Lott and PND Engineers have completed design, and an invitation to bid for procurement of the dock was issued on November 17, 2014.Three bids were received,and on December 18, 2014,the Assembly voted to approve a contract for Rainier Welding of Redmond, WA. The fabrication contract is for three 40-foot long dock sections, . meaning the new dock will be twice as long as the existing 60-foot dock. An invitation to bid for installation of the new dock was issued on January 9,2015,and during the bidding process,concern was expressed over the tight timeline to get installation completed by mid-May 2015. In response to those February 2015 Change Order Report, KHS Wilson Report, Other ... Page 65 of 67 AGENDA ITEM #17.6.2. concerns and in an effort to encourage reasonable bids, the installation window has been rescheduled for early fall 2015,with all work due to be completed by November 15,2015.Bids were due on February 24,2015,and only one bid was received.On March 19,2015,staff will recommend the Assembly award a contract for installation of the new dock to Pacific Pile&Marine of Seattle,WA. ,1 1F i" ; ✓ r:_y .nom .w ir 1 S° J t - d. fi Fabrication of New Dock Underway FOUR SCHOOL GENERATORS KIB received an Alaska Legislature grant in 2011 for installation of generators at several Borough schools, including Karluk, Old Harbor, Port Lions, and North Star Elementary. Wolverine Supply of Wasilla is the contractor for this project, and started construction in October 2014. Installation of the generators at North Star and Port Lions is complete. Installation at Old Harbor is currently underway, with Karluk to follow immediately after.Startup,testing,and training for North Star,Port Lions,and Old Harbor is scheduled for the week of March 16(spring break).KIB and KIBSD staff are currently discussing the best use of the remaining approximately $200,000 in grant funds. There may be opportunities to install a generator at another school, or provide additional equipment to assist with operations of the generators already installed. WOMENS BAY EMERGENCY SHELTER ' KIB has received grants from the Alaska Legislature and U.S. Department of Housing and Urban Development for design and construction of an emergency shelter attached to the Womens Bay Fire Hall.Jensen Yorba Lott completed design of a 3,500 square foot addition including a 1,000 square foot day room for community events and activities, double-wide apparatus bay to serve two fire engines, toilet room, and storage rooms.The project was put out for bid on October 8,2014, and on December 18, 2014, the Assembly voted to approve a contract for Wolverine Supply of Wasilla. Submittals are currently underway with excavation scheduled to start on March 16, 2015.The project is scheduled to be complete by July 31,2015. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received a Designated Legislative Grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The project was bid in July 2014 but only one bid was received and substantially exceeded the budget.The Fire Protection Area No. 1 Board has requested KIB staff put together a bid package for procurement of the generator and switch gear only. This bid package was put out starting February 26,2015,and bids are due March 19,2015. Project Status Report—February 2015 Page 2 February 2015 Change Order Report, KHS Wilson Report, Other ... Page 66 of 67 AGENDA ITEM #17.B.2. BALER BUILDING REPAIRS The Baler Building at the landfill is in need of several minor repairs (new overhead doors, new access platforms and railings), and some larger repairs (new roof, repair of concrete floor).Jensen Yorba Lott has completed schematic design of all the required items and provided an itemized cost estimate so KIB staff can coordinate the repairs with available budget.At this time the highest priority item is repairing the concrete floor. Staff is currently putting together a specification for the concrete topping product used during the previous floor repair,to use for bidding purposes. LONG TERM CARE FACILITY The Long Term Care Facility(now Providence Chiniak Bay Elder House)was completed in January 2014, approximately $3.3 million under budget. Providence has been operating the facility since February 2014, and has requested some modifications to the building mechanical systems and added tree clearing and landscaping. Installation of a new guardrail along the access road is complete, and trees have been cleared from both the north and south sides of the property. The mechanical upgrades, including adding mechanical cooling to the building ventilation system, adding a fan at the mechanical mezzanine, and adding ventilation to the Nurse's Office, were completed in February 2015. Staff is currently working with a landscape architect on a replanting design for the south (Rezanof) side of the property,and final clearing and landscaping will be completed in spring 2015. LAKE ORBIN CULVERT REPLACEMENT PHASE 2 In July 2014 KIB collaborated with the Kodiak Soil and Water Conservation District (KSWCD)to replace a culvert leading from Lake Orbin to the Russian River, in order to aid fish passage. KSWCD received a grant from the United States Fish and Wildlife Service for the original project, and had received additional funding for the replacement of two additional culverts. KSWCD is providing funding to KIB, and KIB is managing the bidding and construction. A bid package was issued on February 20, 2015,for replacement of a culvert under Bells Flats Road with an alternate bid for a culvert under Lake Orbin Drive.Bids are due March 9,2015,and the work is scheduled to be completed in April 2015. Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering,Inc. Project Status Report—February 2015 Page 3 February 2015 Change Order Report, KHS Wilson Report, Other ... Page 67 of 67 Kodiak Island Borough Assembly Regular Meeting Guidelines March 19, 2015, 7:30 p.m., Borough Conference Room PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Assembly member Dan Rohrer 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members Carol Austerman and Larry LeDoux who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Homelessness in Kodiak — Monte Hawver, Brother Francis Shelter Executive Director B. Assessing Department Update to the Assembly—Assessor Bill Roberts 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 Kodiak Island Borough Assembly Guidelines March 19, 2015 Page 1 11. MESSAGES FROM THE BOROUGH MAYOR Please announce: Members of the Assembly, the Borough Manager, and I will be traveling March 24 thru March 27 to attend the Kodiak Community Legislative Reception in Juneau. The Borough and City would like to thank the following contributors who helped sponsor this event: Ouzinkie Native Corporation Afognak Native Corporation Koniag, Inc. Golden Alaska Excavating Alaska Pacific Seafoods International Seafoods of Alaska Ocean Beauty Seafoods Pacific Seafoods Trident Seafoods Sunaq Tribe — Kodiak Island Wildsource Tuck Bonney 12. UNFINISHED BUSINESS— None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2015-25 Anton Larsen Bay Dock Installation. Recommended motion: Move to authorize the Manager to execute Contract No. FY2015-25 to Pacific Pile and Marine L.P. of Seattle, WA for the Anton Larsen Bay Dock Installation in an amount not to exceed $944,294. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2015-27 Lake Orbin Culvert Replacement Project Phase II. Recommended motion: Move to authorized the Manager to execute Contract No. FY2015-27 to Brechan Construction, LLC of Kodiak, AK for the Lake Orbin Culver Replacement Project Phase II in an amount not to exceed $86,250. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 19, 2015 Page 2 B. Resolutions — None. C. Ordinance for Introduction — None. D. Other Items 1. Appointment to the Providence Kodiak Island Medical Community Advisory Board (Jerome Selby). Recommended motion: Move to voice non-objection to the appointment of Mr. Jerome Selby to the Providence Kodiak Medical Community Advisory Board for a term to expire December 2017. Staff Report —Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Authorization for a Letter of Support Regarding the Services at the National Weather Service Office in Kodiak. Recommended motion: Move to authorize the Mayor to sign a letter of support regarding the services at the National Weather Service Office in Kodiak. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 14. 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 Continued on next page... Kodiak Island Borough Assembly Guidelines March 19, 2015 Page 3 15. ASSEMBLY MEMBERS' COMMENTS • Announcements — Mayor Friend The Assembly work session scheduled for Thursday, March 26 has been rescheduled to Tuesday, March 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, April 2 at 7:30 p.m. in the Borough Assembly Chambers. • • 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 19, 2015 Page 4 , KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special Date: I I its- 0 Convened: Recessed: Reconvened: Adjourned: l BY: BY: PVG BY: 0 BY: 9 K BY: W ,\ SECOND: • SECOND: c SECOND: SECOND: �I SECOND:N--D�D: n � �� yao a t 19. a to v • YES NO YES NO '_YES NO YES NO - YES NO Ms. Austerman ✓ ' s • - ma . • - an V • us - - . s. - Mr. Griffin `/ Mr. Griffin Mr. Griffin Mr. Griffin V/ Mr. Griffin r. e Mr. LeDoux V ux Mr. LeD• LeDo ∎A eb tL Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch Mr. Peterson ✓ Mr. Peterson Mr. Peterson Mr. Peterson / Mr. Peterson V Mr. Rohrer ✓ Mr. Rohrer Mr. Rohrer Mr. Rohrer ✓ Mr. Rohrer Ms. Skinner V Ms. Skinner Ms. Skinner Ms. Skinner ✓ Ms. Skinner V c• ' iCHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?J TOTAL: TOTAL: TOTAL: TOTAL: Or 0 TOTAL: G/ V 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 Mayor Friend Mayor 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 vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: i© 03 ICI L�9(31 b Convened: Recessed: Reconvened: Adjourned: q - `11 e, BY: el.„, BY: te BY: BY: BY: SECOND: SA SECOND: 9 SECOND: 09 SECOND: SECOND: I l ' U YES " NO YES NO YES NO YES NO YES NO r , m. A _ .4 an s. :u._ Mr. Griffin V Mr. Griffin Mr. Griffin V Mr. Griffin Mr. Griffin �•`�� a a _I:111111[a:.- - - —, tin.•r . - r _::.: 'i eDo_.-------, Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Peterson V Mr. Peterson J Mr. Peterson V Mr. Peterson Mr. Peterson Mr. Rohrer / Mr. Rohrer ✓ Mr- Rohrer ✓ Mr. Rohrer Mr. Rohrer Ms. Skinner VVV i Ms. Skinner t / Ms- Skinner ✓ Ms. Skinner Ms. Skinner iCHANGE OF VOTE? CHANGE OF VOT ? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?1 TOTAL: '( 1 TOTAL: (! TOTAL: 0 TOTAL: TOTAL: The mayor malnot vote except in the case wh re only six members of the asse bly are present and there is a three/three tie vote of the assembly. Mayor Friend Mayor Friend Mayor 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 vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: / add/ 7 Please PRINT your name Please PRINT your name /1", cc:�■ Ake, Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk’s Office or on the Kodiak Island Borough’s website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, April 2, 2015, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of March 19, 2015, Kodiak Island Borough Assembly Took the Following Actions: RECEIVED a Presentation on Homelessness in Kodiak From Brother Francis Shelter Executive Director Monte Hawver. RECEIVED an Update on the Assessing Department From Borough Assessor Bill Roberts. AUTHORIZED the Manager to Execute Contract No. FY2015-25 to Pacific Pile and Marine L.P. of Seattle, WA for the Anton Larsen Bay Dock Installation in an Amount not to Exceed $944,294. AUTHORIZED the Manager to Execute Contract No. FY2015-27 to Brechan Construction, LLC of Kodiak, AK for the Lake Orbin Culvert Replacement Project Phase II in an Amount not to Exceed $86,250. VOICED Non-Objection to the Appointment of Mr. Jerome Selby to the Providence Kodiak Medical Community Advisory Board for a Term to Expire December 2017. AUTHORIZED the Mayor to Sign the Letter of Support Regarding the Services at the National Weather Service Office in Kodiak. Vol. FY2015, No. 18 March 20, 2015 Kodiak Island Borough Assembly Newsletter