2015-05-28 Work Session Kodiak Island Borough
Assembly Regular Work Session
Thursday, May 28, 2015, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting
agenda packet and seek or receive information from staff.Although additional items not listed on the work session agenda
are discussed when introduced by the Mayor.Assembly,or staff,no formal action is taken at work sessions and items that
require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions
are NOT considered part of the official record.Citizen's comments Intended for the"official record'should be made at a
regular Assembly meeting.
Page
1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2, AGENDA ITEMS
a. FY2016 Budget Final Review
3 - 15 b. Discussion on the Proposed Ordinance No. FY2016-02
Amending Title 2 Administration and Personnel by Adding
Chapter 2.160 Borough Lands Committee.
Ordinance Y 1 2 Lands Committee Ordinance T. f
Ordinance 1 a it C ti
1 PACKET REVIEW
a. PUBLIC HEARING
Ordinance No. FY2015-10 Amending Various Sections in Title 3
Revenue and Finance Chapter 3.35 Real Property Tax.
Ordinance No. FY2016-01 Levying Taxes on All Taxable Real
and Personal Property Within the Kodiak Island Borough for the
Expenses and Liabilities of the Kodiak Island Borough for the
Fiscal Year Commending on the First Day of July 2015 and
Ending on the Thirtieth Day of June 2016 (Fiscal Year 2016
Budget).
NEW BUSINESS
CONTRACTS
Contract No. FY2015-31 Island Lake Trail Improvements.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2015-03 Rezoning Lot 2, Block 3, Lakeside
Subdivision From I-Industrial Zoning District To LI-Light Industrial
Zoning District (P&Z Case No. 14-018, Pearman.)
Ordinance No. FY2016-02 Amending Title 2 Administration and
Personnel by Adding Chapter 2.160 Borough Lands Committee.
Page 1 of 15
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
Page 2 of 15
AGENDA ITEM #2.b.
1
2 Introduced by: Borough Mayor
Requested by: Borough Mayor
3 Drafted by: Borough Mayor I Borough Clerk
4 Introduced: 060412015
5 Public Hearing:
6 Adopted:
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2016-02
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
11 BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL BY
12 ADDING CHAPTER 2.160 B69011GN'LANDS COMMITTEE
14 WHEREAS, Per KIBC 2.100.020, the Assembly, by ordinance, may provide for advisory,
15 regulatory, appellate or quasi-judicial boards or commissions. The ordinance adopted shall
16 prescribe the duties and qualifications of members;and "
17
18 WHEREAS, the Ba _' , Lanes �,Commiftee will provide a forum for input and
19 recommendations to the and Planning and Zoning Commission;the committee is responsible
20 for review of real property acquisition and disposal of borough land;and
21
22 WHEREAS, SUNSET PROVISION? If a sunset provision is not specified, this will be
23 up for reestablishment at the end of year 2017 'along with the other boards,
24 committees,and commissions of the Assembly.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY.OF THE KODIAK ISLAND
27 BOROUGH THAT:
28
29 Section 1: This ordinance is of,a general and permanent nature and shall become a part
30 of the Kodiak Island Borough Code of Ordinances.
31
32 Section 2: Title 2 Administration and Personnel is hereby amended to add Chapter 2.160
33 Barnllgh Lards Coinee in the Kodiak Island Borough Code,
34
35 Chapter 2.160
36 BOROUGH'LANDS:
AGENDA ITEM #2-b-
54
55 2.160.030 Term—Compensation.
56 A. The mayor shall appoint two (2) assembly members during the annual appointment of
57 assembly member representatives to boards and committees. The Commission shall make
58 recommendations to the mayor for appointment of their members on an annual basis. The
59 representative from Kodiak Native Corporations and the at large member from the public will
60 serve for three year terms.
61
62 B. Members of the committee shall serve without compensation. The mayor, assembly
63 members, and commissioners will receive their existing compensation related to their duties
64 as provided for in this title.
65
66 2160 040 Powers and duties The borough lands committee will work to (some`of the
67 word g came`frgM,strategic,ppri) need mayors input as it is of utmost importance that
68 powers and duties are clear to avoid confusion
69 A. Assist in identifying creative and workable solutions to ongoing and emerging issues in
70 selection, acquisition, management, and disposal of borough real property and
71 resources.
72 B. Provide input for potential land sale plans.
73 C. Provide input for utilization of borough land that achieves multiple land and housing
74 options.
75 D. Collaborate and seek input with private land owners when considering whether
76 borough land should be developed.
77 E. Provide for balanced consideration and representation of the viewpoints, problems
78 and issues regarding borough real property and resources.
79 F. Provide a forum for discussing development of specific sites and projects.
80 This is what exists in Title 18 for the Commission. Please review and consider to avoid
81 overlap„
82
83 REAL PROPERTY ACQUISITION-18.10.030 Review.
84
85 Upon acquisition of any real ,property, including real property acquired by tax
86 foreclosure, but excluding real property acquired for a speck purpose or project, the
87 planning commission . shall review the newly acquired land and make
88 recommendations as to whether all or any portion of the land should be devoted to
89 public use, reserved for future'use to meet projected borough requirements, or made
90 available for sale, lease or other disposition in conformance to the borough
9I comprehensive land use plan. The manager shall review the planning commission
92 action and make recommendations to the assembly.
93
94 REAL PROPERTY DISPOSAL – 16.20.030 Review by planning commission-
95 Assembly approval
96 Except for disposal required by law:
97 A. Each disposal of borough land is subject to review by the planning commission
98 before submission to the assembly. The commission by resolution shall make a
99 recommendation to the assembly regarding the proposed land disposal.
100
101 B. Borough land disposals that are not subject to approval by ordinance are subject to
102 approval by assembly resolution.The resolution shall specify the terms and conditions
103 upon which the disposal will be offered.
104
105 2.160.050 Administrative assistance.
106 The resource management officer shall:
Kodiak Island Borough,Alaska Ordinance No. FY2016-02
Page 2 of 3
Page 4 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
107 A. Refer to the committee,for its discussion, all non-emergency matters within the scope
108 of its powers and duties prior to presenting those matters to the planning and zoning
109 commission?
110 B. Transmit all recommendations and other communications from the committee to the
111 planning and zoning commission„
112 The clerk's office staff shall:
113 A. Work with the resource management officer in furnishing the committee with copies of
114 all requested documents and other information necessary or reasonably related to
115 committee functions.
116 B. Provide the committee with such supplies,meeting space,and secretarial assistance.
117
118 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
119 THIS DAY OF .2015
120
121 KODIAK ISLAND BOROUGH
122
123
124
125 Jerrol Friend, Borough Mayor
126
127 ATTEST:
128
129
130
131 Nova M.Javier„ MMC„ Borough Clerk
Kodiak Island Borough„Alaska Ordinance No. FY2016-02
Page 3 of 3
Page 5 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH CODE 18.113.040
Chapter'18.10 111.10.040 Designation of availability.
A. The assembly shall review all recommenda-
REAL PROPERTY ACOUISMON tions made pursuant to KIBC 18.10.030 and, by
resolution,may concur In,modify,or deny the rec-
Sections, ommended real property use.
18.10.010 Methods of land acquisition. B. The assembly may at any time on Its own
18A0.020 Procedure. moWn.or upon recommendation of the manager,
18.10.030 Review. review the status of any real property previously
10.10.040 Designation of availability. reviewed and change the designation of availability
with conformance to the borough comprehensive
10.10.010 Meftds of land acquisition. land use plan.
The borough may acquire real property or other C. Any resolution stating real property availabil-
Interests therein by the following methods- ity may Include such terms,conditions,and proce-
A. Entitlement properties from the state of dures as may be required to protect the borough's
Alaska I n a ccordance with AS 29.65.010; Interest consistent with this title. [Ord. 911-25 §2,
B. Properties acquired through tax foreclosure; 1998, Ord. 84-61-0 §10, 1984; Ord. 70-7-0 §2,
C. Negotiated purchase of lease for valuable 1978].
consideration;
D. Dedication,grants.or gifts;
E. Dead In full or partial satisfaction of debt
owed to the borough;
F. Exercise of the powers of eminent domain
and declaration of taking In accordance with AS
29-35-030.,
G. Land or Interests in land to be acquired
through exchange;and
H. The borough may acquire real property or
any Interest therein i n s uch a manner as the
assembly may authorize.[Ord.67.36-0§2,1987,
Ord.78-7-0§2.1978].
18.10.020 Procedure.
Real property acquired under KIBC 18A0.010
shall be acquired pursuant to a resolution of the
assembly.Such resolution may set the terms,con-
ditions,and manner of acquisition of the real prop-
erty or interest therein.[Ord.78-7-0§2,1978].
18.10.030 Review.
Upon acquisition ol any real property,including
real property acquired by tax foreclosure, but
excluding real property acquired for a specific pur-
pose or project, the planning commission shall
review the newly acquired land and make recom-
mandations as to whether all or any portion of the
land should be devoted to public use,reserved for
future use to meet projected borough require-
ments, or made available for sale, lease or other
disposition in conformance to the borough compre-
hensive land use plan.The manager shall review
the planning commission action and make recom-
mendations In the assembly.[Ord.98-25 J2,1998:
Ord.84-61-0§10,1984',Ord.73-7-0§2.197a].
18-3 {Revised 4M)
Page 6 of 15
Discussion an the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
18.20.010 REAL PROPERTY DISPOSAL—IN GENERAL
Chapter 18.20 18.20.030 Revie lani commission—
Assembly approval.
REAL PROPERTY DISPOSAL—IN GENERAL Except for disposal required by laws
A. Each disposal of borough land issubject to
Sections: review by the planning commission fo ubmi -
1 .20.010 Application of chapter and title to real sion to assembly.The commission by rasolu-
property disposal. tion shall make a recommendation to the assembly
16.20.020 Disposal authority. regarding the proposed land disposal.
16.20.030 Review by planning commission Borough land disposals that are not subject
Assembly approval, to approval by ordinance are subject to approval by
18.20.040 Disposition and sale of tax-foreclosed assembly resolution. The resolution shall specify
properiles. the terms and conditions upon which the disposal
1 .20.050 Election required. will be offered.[Ord.80-28-0 1,19801.
18.20.060 Applications.
18.20.070 Ouallfications of applicants and 18.20.040 Disposition l of tax-
bidders, foreclosed rpei .
18.20.080 Deposit costs. The ass , by ordinance, shall provide for
18.20M0 vet ent plans. the disposition or safe of tax-foreclosed land,
18.20.100 Disposal for fair market value. including the retention of such property by the or-
120.110 Ramaw. ough for a public purpose, in accordance with
1820.120 Land disposal meth 29.45-460.( -28 §11,1980).
18.20.130 Appraisal.
18.20.140 Public notice. 111.20.050 Election required.
18.20.150 Rapealed. The sale,lease or other permanent disposal of
1 .20.155 Award—Rejection of bids or borough land vat at$250.000 or more per par-
proposals. cel to any single Individual,partnership or corpora-
18.20.160 D1 al by conveyance. Non by means other than outcry auction shall, in
addition to conforming to tis title, be subject to 18.20.170 Definitions. .,,.
approval by ordinance ratified by a majority of the
18.20.010 Applic ti n of chapter and title to ualifi voters voting at a regular or special elec-
1 property disposal. tion at which the question of the ratification of the
A. Except as this title provides otherwise, this ordinance Is u itt Notice of the election shall
chapter governs all disposal of borough land. be given in accordance with KIBC TAls 7.[
B. No contract.lease or conveyance pertaining 40-0§2,1986, d.813-28-0 1,1980).
to the disposal of real property by the borough may
be enforced against the borough unless the con- 18.20.060 Applications.
tract,lease or conveyance was awarded,approved A. Application for a disposal of borough land
and executed in accordance with this title. under this title shall be filed with the community
C. This section shall not be construed to Invali- development department. Only applications c m-
date any contract,or any legal or equitable Interest pleted in full and accompanied by nonrefundable
In real property, existing prior to Its enactment. filing fee as set forth in the current fiscal year
[ - §1,1980). schedule of fees and charges will be accepted.
B. The filing of an application shall not In any
18.20.020 Dis sal authority. way vast In the applicant any right to the borough
Except where this title or another provision of land or to the use thereof applied for.[
law establishes ific mandatory procedure for 1,1 rd. - 1,19 ).
disposing of borough land, the borough may dis-
pose of borough land in any manner not prohibited 10.20.070 Qualifications of applicants and
by law.[Ord. 0. 1,19801. bidders.
An applicant or bidder for a disposal of borough
land Is qualified if the applicant or bidder is:
A. A citizen of the United States or has riled
declaration of Intention to become a citizen.and I
18 years of age or over,
tnowsirl a y 18.4
Page 71
Discussion on the Proposed r in n . FY 2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGFI CODE 18.20,,100
IB„ A group,association,or cou poration which is C. Devetopmenl plains not meeting minimum
authorized to conduct business under the laws of standards will be returned to the applicant for irevi-
Ilaska,or lion and resubmission wwilhin 10 days after return
C. Acting as an agent for a person qualified to the applicant. Applicants subruitting develop-
under subsection A.or B of this section and has ment plans falling to meal mihimaurn standards
ruled Wth the manager or designee„Ip i r to the Ume shall not be qualified to bid.Each applicant submit-
%el for the disposal,a proper power of attorney or ling a development plan shall be notified in writing
a letter of aulhorial'iorn creating such agency.,The of lie decision to accept or reject the individuates
agency shall represent only one principal, to the development plan,.
exolluusion anf himself,[Ord.98-25 2,1998;Ord.84- ID. Minimum standards of a development plain
61-0§M 1984;turd.00-28-0 1„19 g,J. are as roll s°
fi„ A layout sketch to show reasonable use of
'18,20.080 I, posit costar. the area being offered and nature of improvements
A. lFhpe applicant may be required, upon 30 to be nslnucted�
days"wwrillen notice,to deposit with the borough an Z "The estimated value of the capital
amount equal to the estimated costs of processing improvements to be placed on the iarnd and type of
an appllcafinon for the disposal of borough land„ nsiructionu
induuding but not limited to costs of survey, 3. A development schedule showving the
appraisal,and advertising of the area subject to the urine-frame in which line Improvements Wit be n-
application. if the applicant rails to make the slirucledi
deposit, the appti°°lion shalt tea canceled.. If the 4. The propo,r d development shall conform
applicant does not accept a disposal contract to the zoning and building codes and all applicable
~within 39 days after receiving an offer thereof,all federal,stale,and local Ilavrs;and
deposit money spent or encumbered for survey. 5.. Other requirements as may be stated in
appraisal,or advertising shall be forfeited,and the the request for bids or proposals for the disposaL
balance,if any.small be reluumrned to the applicant.If E" The manager may require proof of an appii-
the real properly that is the subject of a cost deposit cant's financial capability to complete the proposed
is corpveyed to another,the latter shall be required development.
to pay the actual costs or application processing, F. The developrmnent plan and schedule for
survey,appraisal,and advertising,and the original devatopnnarni may be incorporated into the disposal
deposit shall be returned to the depositor.Where contract for enforcement of ills completion. JOrd"
the applicant becomes the purchaser, the full 90-25§20 1998a Ord. 1 10„ 1984;Ord.80-
amount or any deposit by the applicant shall be 28-0§1, 1981„
credited to payments due under the conlracl. All
survey, appraisal„ and advertising shall be per- 13.2111.100 Disposal for fair market value.
formed only under the authodzation of the bar- A. Except as otherwise provided by this We or
ough.and any such work performed without such another provision of lave„ all disposal of borough
aulhorization will not be accepted. land shall be for the fair market value or the interest
B. The manager may establish an application dKposed of""The borough may accept in exchange
processing fee schedule for appUcations having for borough land any considerallain of suffficierni
similar circumstances. Ord.98-25 2, 1993, Ord. value not prohibited by law.
84-61-0 SM 084„Ord.69-28- 1,1980). B. The borough may dispose of borough land to
the united ?,ales„the state of Alaska,or any tuorut-
1 "20.090 Development(plans. ical subdivision thereof,or a nonllurolit corporation
A. To qualify to bid for a disposal requiring a or association,for(less than the ffair mariaet value of
development plain,a prospective bidder shall snub- the interest disposed of„ upon a rundirng by the
mit to the manager plans for the contemplated assaimbty that the disposal will allow the use of the
development conrorming to the spedricaflons in land for a public purpose beneficial to the borough.
the request for bids or proposals. It may do so by direct negotiation with the organi-
B. The time for submitting development plains zat1on acquiring the land„ without conrorming to
shalt be slatted In the request for bids or proposals KIIBC 18.20.120 through 19"20.155, unless other-
for the disposall. vise dkecled by the assembly.(Ord.8640-0 2,
1986,Ord.80-28- 10 1980.1.
1845
Page 8 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
18.20.110 REAL PROPERTY DISPOSAL—IN GENERAL
18.2%110 Land disposal procedure—In 15.20.150 Award—Rejection of bids or
general. proposals.
Repeated by Ord. 8640-0. [Ord. 80-28-0 §11, Repeated by Ord. 86-40-0. [Ord. 80-28-0 §11.
1980]. 19801,
18.20.120 Land disposal methods. 118.20A55 Award—Rejection of bids or
The assembly may select any of the following proposals.
disposal methods., A. Borough land disposal by competitive bid-
A. Whom specifically permitted under this title, ding or proposals shall be awarded to the highest
direct negotiations with interested parties who seek bidder at the time the bids or proposals are opened
to acquire borough land: in accordance with the criteria set forth in the reso-
B. Invite sealed bids for borough land,specify- lulion required under KIBC 1$, ,030.
ing the time and place for receiving bids and the B. If the assembly finds It to be In the best inter-
minimum acceptable bid; est of the borough to do so,it may reject all bids or
C. Offer borough land for sale at public auction, proposals up to the time set for the opening of the
specifying a minimum acceptable bid;or bids or proposals.[Ord.86-40-0§4,19061.
D. Invite proposals to purchase borough land.
The Invitation shall specify the basis upon which 10.20.160 Disposal by conveyance.
proposals shall be evaluated, which may include Any iris vent pertaining to the conveyance of
but need not be limited to the proposed acquisition borough land and requiring execution by the bar-
price,the quality of proposed development of land ough shall be executed by the mayor or his desig-
and Its benefit to the community,the qualifications nee,aftested by the clerk and approved as to form
and organization of the proposer,the value of the by the attorney.[Ord.84-6100§10,1984;Ord.40-
proposed Improvements to the land and the rents 28-0§1,1 1,
or resale prices to be charged by the proposer,
(Ord.4 28-0§11.11980). 18.20.170 Definitions.
As used in this chapter ..............
18.20.130 Appraisal. 'Borough Land"means any real property or inter-
Borough land shall be appraised within 90 days est Mersin owned by the Kodiak Island Borough;
prior to the date fixed for its disposal.The appraisal 'Contract' area a legally enforceable agree-
shall be performed by the assessor or a qualified ment of any kind,Including an option,regardless of
appraiser and reflect the fair market value of the what it may be called.,
land and borough improvements located thereon, 'Dis means any transfer of real property
[Ord.60-26-0§1.1980]° authorized under this fift and
'Real property"means any interest in real prop-
16.20.140 Public notice. erty under the law of the state of Alaska,Including
Notice of disposal of borough land by compeli- but not limited to a fee. easement. or leasehold
five bidding or proposals,or at public auction,shall, interest, and a revocable license or permit to use
at a minimum,be published in a newspaper of gerr- real property.[Ord.80-28-0§1. 1980].
eral circulation within the borough once each week
for two successive weeks, not less than 20 days
prior to the date of the auction or opening of bids or
proposals, and shall be posted In at least three
public places within the borough,one of which shall
be In the community nearest to the subject borough
land,for at least 30 days prior to the disposal.Addf-
lional notice may be given by any means deter-
mined to be reasonable by the manager or the
assembly.The notice must contain a brief descrip-
tion of the land, Its size and general location, the
proposed use, term, minimum offer, limitations, if
any.and time and place set for the auction or bid
opening.[Ord.98-25§2, 1998;Ord.8461-0§10,
1984.Ord.80-28-0§1,1980).
Page 9 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH CODE 10.35.030
Chapter 18.30 Chapter,16.35
SALE OF BOROUGH LAND TRESPASS
Secffi s: 'Sections:
13.30.010 Sale or borough land valued at$5,0D0 1835.010 'trespass—Unlawful.
or less.. 1935.020 "trespass Defined.
11130.020 Terms of sale. 1835 030 IPosking.
10 X030 Payment. 10.36.040 Enforcement.
111.30.040 Conveyance by gauhlclairn deed. 11135.050 IPenalffies and remedies.
10.30.050 Covenants,conditional conveyances.
* Prior,ordinance history:Ord,79-5-0.
111.30.010 Sale of borough land valued at
$5,000 or less. 111.351010 "trespass Unlawful.,
"Time sale of borough land acquired froamu the state 11 Is ionlawful for any person,firm or corporation
and valued at$5,000 or less shall be In the manner to commit a trespass upon property owned or con-
and by terms established by resolution of the trnlled by the Ib uugh.(Ord.03-7-0(A) 1,196.3],.
assembly.(Ord.00-2 §1„1900].
1&35.020 Trespass Defl nod.
'18.30.020 Terms of sale. Any of the following act%by any person„form or
The assembly shall detenTfine the terms upon corporation,are among those that constitute tres-
which Itaorouugh land Is to be sold at the time the dIs s and are a violation of the provisions of Ihlls
fowl its approved,,or-, If the assembly directs that chapter:
purchase proposals be Invited„the assembly may A. An unauthorized entry or remaining upon
provide that proposals Include the terms of the b omurgh property in violation of a notice posted or
le.[Ord.80-28-0§1„1911% exhibited at the main entrance to the pmmiseso
. S, 'the pursuit off any course of conduct or
104300030 Payment. action in violation of a notice posted or exhibiled at
At the time of sale or auction, the purchaser the main entrance to borough properly or at any
shall pay to the borough not less than 10 percent of point of approach or entry,or given orally or in writ-
the minimum appraised value established for the Ing by an authorized agent of the borough.
sale parcel."rho difference between Sue 10 percent C. A failure or refusal to depart from borough
minimum appraised value and '10 percent of the property upon request to do so aurally or in writing
total price bid for the parcel shell be paid to the bor- by an authorized agent of the boroughl
ou h at the time the purchase contract is executed. D. The cutting down, injury or removal of trees
The balance of the purchase price shall be paid® or Omber from borough property without written
and Its payment secured, In accordance with the permission from an authorized agent of the bor-
terms of the sale approved by the assembly.(Ord. ouugh;
50-20-0 1.•191011 E. The digging,taking,guaffying or removal of
minerals, earth„ or stones from borough property
10.30.040 Conveyance by quitclaim deed. without written permission from an authorized
Unless the terms of sale approved by the agent of the Ihorought tar,
assembly provide otherwise. at conveyances or IF, Uttering In or on borough property.tOrd.63-
borough land shall be by quitclaim deed.(Ord. .}- 7-0(a4)§1,•1993].
20 0§1,1911111,
10.35.030 posting.
'10,30.050 Covenants,conditional The manager or designee is authorized to cause
conveyances, the posting of signs on or around borough properly,
conveyance of borough land shall be subject buildirigs,i or other areas advising that such prop-
to such covenants. conditions and restrictions, or erlye building or area Is restricted as to public use
powers of termination,as the assembly in the pub- or access.(Ord.98-25§2q 19904 Ord.84-61-0§104
lire interest may require.i rd,80-28.0§1,1981]. 19840 Ord.83-7-0(A)§11,19931.
%-7
Page 10 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.6.
18-35,040 LEASING OF REAL PROPERTY OR INTEREST THEREIN
18.35.040 Enforcement. Chapter%40
Appropriate action may be taken by the man-
ager or designee at any fime,or from time to time, LEASING OF REAL PROPERTY OR
to enforce Rho provisions of this chapter or to pro- INTEREST THEREIN
vent violations thereof.(Ord.98-25§2, 1998;Ord.
84-61-0§,30,1984,Ord.83-7-0(A)§1, 19831. Sections:
16.40.010 Leasing procedures.
16.35,0 r0 Penalties and remedies. 18.40,020 Negotiated leases.
A. A person who violales the provisions of this IBADMO Term of lease.
chapter is guilty of a misdemeanor and upon con- 1 BA0.040 To and conditions of leases.
viction is punishable by a fine of net more than 1880,050 Minimum acceptable annual rental.
$300.00,in addition to the surcharge required to be 18.40R60 Deposit and receipt.
Imposed under AS 12.55.039. 16.40.070 Payment of annual renlals.
B. Notwithstanding the availability or any other 18.40.080 Adjustment of rental.
remedy,the borough or any aggrieved person may 18.40.090 Use of malerial.
bring a civil action to enjoin any violation of this 18-40A00 Lease utilization.
chapter, or to obtain damages for any injury the 18.40.110 Subleasing,
plaintiff suffered as a result of the violation. 18.40.120 Forfeiture of rental.
C, Each act or condition violating this chapter, 18A0.130 Expiration of lease.
and each day during which the act or condition 18MA40 Removal or reversion of
exists. continues or is repeated, shall be a sepa- improvements upon termination of
rate and distinct violation. lease.
D. The penalties provided for violation of this 18.40,150 Righl-of-way.
chapter are in addition to and not In lieu of any
other penalty provided for In state low or any civil 19. .010 Leasing procedures,
remedy available to the borough.[Ord.98-26§10, Unless otherwise provided by an assembly res-
19981 Ord. 83-37-0§5, 19831 Ord. 83-7-0(8)§1, Muflon,the land leasing procedures established by
19831. this fifle shall be utilized in the leasing of any bor-
ough land.(Ord.78-7-0 J2,1978].
18.40.020 Negotiated leases.
A. The assembly may approve by resolution the
issuance of a negotiated lease for as period not to
exceed five years If the annual rental value of the
property Is $500.00 or less and no competitive
interest for the property Is apparent.
B. The assembly may approve by resolution the
issuance of a negotiated lease for a period not to
exceed 25 years to a nonprofit corporation or pub-
fic utility at a reasonabie rental rate taking Into con-
sideration the purpose for which the real property
Is to be used.
C. A nonprofit corporation applying for a negoti-
ated lease in subsection B of Ns section may be
required to provide the following:
1. A copy of Its articles of incorporation In the
state of Alaska;
2. Verifi caliDn that it is exempt from paying
federal and state income tax;
3. A use plan to verify the need of the real
property requested;and
4. A statement of public service being pro-
vided to the community and Its availability for
enjoyment by all citizens of the borough.
t 5m5
Page 11 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
Chapter 2.60 RESOURCE MANAGEMENT OFFICER Page I of I
Chapter 2.60
RESOURCE MANAGEMENT OFFICER
Sections:
2.60.010 Resource management officer.
2,60.020 Duties.
2.60.010 Resource management officer.
The resource management officer shall be responsible for planning and supervising the selection,
acquisition,management,and disposal of borough real property and resources.[Ord.85-26-0§2,
1985.Formerly§2.23.010].
2.60.020 Duties.
............. .. ....
The resource management officer shall administer the selection,acquisition,and exchange of land
programs;the disposal of borough surplus lands and resources,including the assessment for the
demand of land;coordinate land management activities for survey,appraisal,and zoning;acquire
easements and rights-of-way for roads,sewer,water lines,and other municipal-operated utilities;
participate in land planning,economic development,resource management programs,and coastal
zone management decisions;hold public meetings;collect data relating to borough land and its
resource values;assist in the preparation of the department budget and formulation of departmental
policies and procedures;interface with other governmental agencies on land programs,supervise
resource specialists or technicians;provide a full range of planning and management activities;
provide a full range of land and resource disposal actions;and provide land acquisition actions.[Ord.
85-26-0§2, 1985 Formerly§2.23.020].
The Kodiak Island Borough Code Is current through
Ordinance FY2015-09,passed January 22,2015.
Disclaimer The Borough Clerks Office has the official version of
the Kodiak Island Borough Code.Users should contact the
Borough Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
http:i'lwww.codepublishing.com/AK/KodiakislandBorough/html/KodiakislandBorough02/... 2/25/2015
Page 12 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM . .
KODIAK ISLAND
CLASS SPECIFICATION
MANAGEMENT SPECIALIST
(RESOURCE MANAGEMENT )
SERIES CLASS L
Management Support 21.5 Non-Exempt
CLASS-SUMMARY
This rcm s Is the first Pavel in a................o level �Management Support series. Incumbents are�D�
responsible for preparing written and graphical land management and use reports; maintaining
records on titles, sales and a ment% conducting property related research; disposing of
foreclosed properties; identifying Borough owned property to sell; acquiring permits tar land use;
and negotiating the purchase,acquisition or exchange of land resources.
ESSENTIAL a PERCENT OF
This class specification represents only the core areas of responsibilities;specific position TIME
assignments will vary depending on the needs of the department.
Revie coda,researc � n u.,...r ,is_.I «.,m, —ga�,,,, ,�.F1 ,.,— ...�..����
has info alien and pr eras land management and land C] fly
use reports, Researches,reports and overseas property transactions related to %
land acquisition,disposal and exchanges. Reports an issues related to rezoning,
leases or public projects.
eco neds`ti method s - ....Ig and of public c la disposal. Provides related _,.
Weekly
reporting regarding public land offerings,sales and conveyances. Coordinates 0%
documentation requi d for sales and disposals. Researches and determines the
location,value and use of public lands.
�.���.�-�...... .m��
nt of land management program. Reviews entitlement Monthly
programs and land use plans and makes recommendations an development uses 10%
and ro of community tax base.
........e................ .ti � r�H•� �,, .-.. -... . ...,.., -,..
Provides support and technical assistance to staff,agencies and the private �ronthly
sector and general public. Researches deeds,patents,plats,maps and a variety " 5%
of documents regarding ownership status and property rights.
Administers and maintains records on titles,easements,sales and other related' Monthly
documents. Reviews,compiles and completes legal documents for the sale, 5%
transfer,and conveyance of property.
t ...... •,HHHWWn�, m, _.. ...
Idenfies p Quarte rly
.......
owners and native corporations regarding e purchases. 15%
"i"' ".w." „v,Ir-es er- ,- �,
Applies for and acquires pe its for public works acts and E{c land use, uarterly
%
Performs other duties of r a similar nature ann ww d�„�..vet l
as assigned. As Required
Resource Management Officer 1
Page 13 of 1
Discussion on the Proposed Ordinance o. FY2016-02 Amending ...
AGENDA ITEM . .
KODIAK ISLAND
CLASS SPECIFICATION
SPECIALIST MANAGEMENT
(RESOURCE MANAGEMENT OFFICER)
TRAINING IE C :
Bachelor's Degree In Planning and 3 years of community development planning experience, including
prior real estate experience-, or, an equivalent combination of education and experience sufficient to
successfully perform the essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
• State of Alaska river's License required.
Preferred LicensinglCertifica6ons;
•
International Right-of-Way Certification.
KNOWLEDGE :
• Applicable Federal,state and local laws,codes,regulations andlor ordinances;
• Planning and zoning principles and practices;
• Land use concepts related to leases,easements,plats,patents and land titles;
• Land records and title transfer practices;
• Research methods;
• Negotiation techniques;
• Public administration processes;
• Modem office equipment.
KILL ON:
• Interpreting and applying applhmble laws,codes,regulations and standards;
• Researching data and analyzing alts five solutions;
• Reading,comprehending and interpreting land use documents and technical drawings;
• Negotiating land purchases;
• Administering and maintaining detailed records:
• Utilizing a computer and relevant software applications;
• Communication, Interpersonal skills as applied to Interaction with coworkers, supervisor, the
general public,etc.sufficient to exchange or convey information and to receive work direction.
Resource Management Officer 2
Page 14 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
CLASS SPECIFICATION
MANAGEMENT SPECIALIST
(RESOURCE MANAGEMENT OFFICER)
ADA AND OTHER REQUIREMENTS:„
Positions in this class typically require: walking, fingering, talking, hearing, seeing and repetitive
moflons.
Light Work: Exerting up to 20 pounds of force occasionally, or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to ov objects. If the use of arm andVor leg controls
requires xerti n of forces greater than that for Sedentary Work and the o er sits most of the time,
the job to for Light
NOTE:
The above job description is Intended to represent only the key areas of responsibilities; s ecific
position assignments ill vary depending on the business needs of the a art nt. This job
description oes not constitute an employment agreement between the employer and the employee
and is subject to change by the employer as the needs of the loyer and requirements of the job
cane.
CLASS IST
• Draft prepared by s Associates LL (13S) Date: 01/2013
Adopted• KIB Ordinance 1 -1 ;05/15/2014
• Finalized by KIB, Date:08/2014
BOROUGH A
gym r a�
M . ATE
Resource Management Officer 3
Page 15 of 15
Discussion on the Proposed Ordinance No. FY2016-02 Amending ...
KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of: JM V19"
Please PRINT your name Please PRINT your,name
v dcl)
i
m1 �C L)]�,S '11, 11101�
1>111"(16 I v L,MI ,L01.
Jett A III
r
,,
I m
I' I
lYV o