2015-08-06 Regular Meeting Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, August 6, 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
4 - 12 A. *July 2, 2015 Regular Meeting Minutes.
07022015 RegMLar eetino ros es. f
6. AWARDS AND PRESENTATIONS
A. Employee of the Quarter.
B. Longevity Awards.
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
13- 57 A. Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-
Conservation District and Chapter 17.130 PL—Public Use Lands
District To Allow the Temporary Storage of Mobile Homes Displaced
Under AS 34.03.225 To Be Stored On Sites Zoned C-Conservation Or
PL-Public Use Lands.
Ordinance FY Pf
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.
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Page 1 of 237
58-98 B. Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140
Existing Nonconforming Uses And Structures To Allow Mobile Homes
Displaced Under As 34.03.225 To Relocate Within Existing
Nonconforming Mobile Home Parks.
Ordinance FY016-04 with Applicable P&Z Packets and Minutes - Pf
99- 105 C. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the
October 6, 2015 Ballot in Each Area Affected by the Ordinance the
Question of Altering the Boundary of Road Service Area No. 1
Service Area No. 1 Alteration- Pdf
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
13. NEW BUSINESS
A. Contracts
106- 120 1. Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel
Oil Delivery
Contract Y 1 -11 Heatin uel Cho. 1 - Pdf
121 - 135 2. Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel
Oil Delivery.
Contract FY2016-12 eating Fuel o. 2- Pdf
136- 166 3. Contract No. FY2016-13 Aerial Imagery Acquisition.
FY016 Aerial Imaoery Contract volt Kodiak aoinc, Inc, ® Pdf
B. Resolutions
C. Ordinances for Introduction
167- 169 1. Ordinance No. FY2016-02 Amending Title 2 Administration and
Personnel by Adding Chapter 2.160 Borough Lands Committee.
Ordinance No, FY2 16-02 Lands Committee- Pdf
D. Other Items
170- 176 1. Confirmation of the Mayoral Appointment to the Solid Waste
Advisory Board (Tia Leber).
Solid Waste vino ar pint e t® Pdf
177- 179 2. Declaring a Seat on the Personnel Advisory Board Vacant(Tom
Lacey).
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.
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Page 2 of 237
PAI3 Notification and Backuo- Pdf
180- 185 3. Confirmation of the Assembly Appointments to the Dire
Protection Area No. 1 Board (Paul Vandyke and Jeff Halcomb).
Fire Protection Area No. 1 card Aoocint ent® Pdf
14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
15. EXECUTIVE SESSION
A. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham
Case and Litigation Update Regarding the Wren Case.
B. Borough Clerk's Performance Evaluation.
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
18. INFORMATIONAL MATERIALS (No Action Required)
A. Minutes of Other Meetings
186-227 1. Fire Protection Area No. 1 Board RM, April 7, SM, April 14, SM,
April 27, SM, April 28, SM, April 29, and SM, June 2, 2015;
Local Emergency Planning Committee RM, January 6, 2015;
Parks and Recreation Committee RM, May 26, 2015; Planning
and Zoning Commission RM, April 15, and May 20, 2015;
Womens Bay Service Area Board RM, June 2, 2015,
eetincl inutes cf C�kher c�ars,od
B. Reports
228-237 1. June 2015 Change Order Report, KHS Wilson, Other Projects
Report, Project Budget Summary, and Project Contingency
Summary.
June 2015 Reperts Binder laf
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.
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Page 3 of 237
AGENDA ITEM #5.A.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 2, 2015
A regular meeting of the Kodiak island Borough Assembly was held on July 2, 2015, in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting
was called to order at 7:30 p.m.
The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Friend led the Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Chris Lynch, Frank Peterson, Dan
Rohrer, and Rebecca Skinner. Also present were Administrative Official Bill Roberts, Borough
Clerk Nova Javier, and Assistant Clerk Angela MacKenzie.
PETERSON moved to excuse Assembly members Aaron Griffin and Larry LeDoux who were
absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
ROHRER moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of June 4 and June 18, 2015, were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
None.
CITIZENS'COMMENTS
Judi Kidder, Ken Reinke, and Nelson Jennings spoke in support of Contract No. FY2016-08
Recycling Services.
Judi Kidder expressed gratitude to the Planning and Zoning Commission, the Assembly, and
staff for the work on the Jackson's Mobile Home Park issue.
Lenny Roberson spoke in opposition of roll carts currently being used for residential trash
collection due to the problematic bears.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 1 of 9
*July 2, 2015 Regular Meeting Minutes. Page 4 of 237
AGENDA ITEM #5.A.
Jeremy Williamsen representing AIM Maintenance formally protested the bid tabulation for
Contract No. FY2016-05.
Craig DeHart representing B&R Fish requested that Contract Nos. FY2016-05 and FY2016-06
be postponed.
Loma Arndt spoke to actions of the Community Development Department.
COMMITTEE REPORTS
None.
PUBLIC HEARING
1. Contract No. FY2016-07 Memorandum of Agreement for CIAP Village Metals Project.
PETERSON moved to authorize the Manager to execute Contract No. FY2016-07 a
Memorandum of Agreement with Kodiak Island Housing Authority for the administration of the
Coastal Impact Assistance Program Grant Village Metals Project for a project total amount not
to exceed$2,336,452.
The project was initially advertised for bids on August 20, 2014 and received one non-
responsive bidder. After the bidding process it was determined that the Kodiak Island Housing
Authority (KIHA) could complete the management of the project under KIBC 3.30.070(A) & (E).
With that information staff contacted KIHA to inquire if they would manage the project for
Borough.
The Memorandum of Agreement (MOA) provided for the transfer of authority from the Borough
to KIHA for the purpose of completing the Coastal Impact Assistance Program (CIAP) Grant
Village Metals Project, including the authorization to complete the sorting and transfer to landing
crafts for transportation of said metals to an authorized recycler.A federal CIAP grant and local
funding was in place to complete the project and would be paid to the vendors or entities as the
invoices were approved by KIHA for payment by the Borough, on a time and materials basis.
Through the MOA, KIHA would have the obligation to search out avenues and procedures to
complete the project within all regulations. KIHA would organize all work completed in each
village, maintain all records, and approve all invoices for payment by the Borough. KIHA would
organize the transportation from each village of said metals to a reputable recycler for payment
by the Borough. KIHA would be responsible for any and all recordkeeping necessary to be
compliant with KIB codes and Federal grant regulations.
In order to take advantage of the grant funds, the project must be completed by December
2016,
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 2 of 9
*July 2, 2015 Regular Meeting Minutes. Page 5 of 237
AGENDA ITEM #5.A.
The two funding sources for the project were as follows:
Coastal Impact Assistance Grant(CIAP) $2,197,452
Kodiak Island Borough Village Metal Project $ 139,000
Total $2,336,452
A memo explaining the administrative details and a full budget breakdown was attached to the
packet.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and
Skinner.
BOROUGH MANAGER'S REPORT
Administrative Official Roberts reported on the following:
• Manager Cassidy would be returning Monday,July 6,2015
• Wished everyone a happy and safe Independence Day holiday
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend reported on the following:
• Announced the Anton Larsen Bay dock closure
• Wished everyone a happy and safe Independence Day holiday
UNFINISHED BUSINESS
1. Resolution No. FY2015-23 Supporting the Subsistence Access Management Act of 2015.
The motion before the Assembly was to adopt Resolution No. FY2015-23.
Senator Lisa Murkowski announced the introduction of the Subsistence Access Management
(SACSMAN) Act to undo the federal government's decision that determined the Alaska Native
village of Saxman (population: 410) was 'urban' under its guidelines, a judgment deemed
"arbitrary and capricious" by the Organized Village of Saxman, since it barred residents from
legal subsistence practices on federal lands and waters.
When ANILCA was crafted, it allowed 'rural' residents the ability to practice customary and
traditional subsistence activities on federal lands and waters and prohibited 'urban' residents
from those activities. The urban/rural decision-making process was done by the Federal
Subsistence Management Board within the Department of Interior, which in May 2007
controversially deemed the Alaska Native community of Saxman to have become an 'urban'
zone and no longer eligible for subsistence preferences. Kodiak was considered for a potential
shift in status as recently as 2006.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 3 of 9
*July 2, 2015 Regular Meeting Minutes. Page 6 of 237
AGENDA ITEM #5.A.
The SACSMAN Act would require Congressional approval for any proposal to re-designate a
community from rural to urban and no change would be official or effective until Congress
formally approved it. The bill also overturned the controversial designation for Saxman, and
provided federal subsistence regulators the authority to transition a community back to rural
subsistence status without any outside involvement.
On June 18, Resolution No. FY2015-23 was postponed by the Assembly to the July 2nd regular
meeting.
LYNCH moved to postpone indefinitely Resolution No. FY2015-23.
ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY:
Peterson, Rohrer, Skinner,and Lynch.
NEW BUSINESS
Contracts
1. Contract No. FY2016-05 Road Maintenance and Repairs, Snow Removal and Sanding,
and Small Projects Under$25,000 for KIB Facilities and Grounds.
LYNCH moved to authorize the Manager to execute Contract No. FY2016-05 with MK
Enterprises, LLC of Kodiak, Alaska for the KIB Facilities and Grounds Road Maintenance and
Repairs, Snow Removal and Sanding, and Small Projects Under$25,000 for time and materials
based on the Bid Schedule for the period of July 1,2015 through June 30,2016,
The Kodiak Island Borough Engineering and Facilities(E/F)Department advertised the need for
labor and equipment to provide parking lot snow removal, sanding and maintenance at the KIB
schools, administrative building, Kodiak Fisheries Research Center (KFRC), landfill, and other
small projects under$25,000.
Five bids were received from Brechan Construction, LLC; AIM Maintenance; B&R Fish By-
Products Inc.; Kodiak Lawn Care and Snow Removal; and MK Enterprises, LLC. The bid
opening was held on May 22, 2015 in the Borough Conference Room.The bids were submitted
with price quotes for individual pieces of equipment to be used on projects provided above.
Bid tabulations were completed and reviewed by a team of three department staff members.
The bids were analyzed using the tabulations by setting up a mock project that reflected
equipment and material needed to accomplish the work to determine the lowest responsive
bidder. Questions were raised regarding the lack of specific documentation required by the
Request for Bids and it was concluded that as a Limited Liability Company (LLC), MK
Enterprises or any other bidding firm that was an LLC, was not required to submit a Corporate
Acknowledgment Affidavit, as an LLC was not a corporation. The lack of the Corporate
Acknowledgment Affidavit did not affect the bid tabulation in regards to the 'lowest responsive
bidder'.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2,2015 Page 4 of 9
`July 2, 2015 Regular Meeting Minutes. Page 7 of 237
AGENDA ITEM #S.A.
Bid tabulations, two bid scenarios, and responses of the five bidding firms were provided. The
E/F Department recommended awarding the contract for the KIB Administrative Building,
School Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under
$25,000 to MK Enterprises, LLC. The Contract would name MK Enterprises, LLC as the
Contractor of the work, and all invoicing, etc. would be provided through the Contractor. This
was a one-year contract with the option of three one-year extensions.
ROLL CALL. VOTE ON MOTION FAILED THREE TO ONE: Rohrer, Lynch, Peterson (Ayes);
Skinner(No).
2, Contract No. FY2016-06 Road Maintenance and Repairs, Snow Removal and Sanding for
Womens Say Service Area.
LYNCH moved to authorize the Manager to execute Contract No. FY2016-06 to MK
Enterprises„ LLC of Kodiak, AK for the Road Maintenance and Repairs, Snow Removal and
Sanding for the Womens Bay Service Area for time and materials based on the bid schedule for
the period of July 1,2015 through June 30,2016.
The EIF Department advertised the need for labor and equipment to provide road maintenance
and repairs, snow removal and sanding for the Womens Bay Service Area(WBSA).
Four bids were received from Brechan Construction, LLC; AIM Maintenance; B&R Fish By-
Products Inc.; and MK Enterprises, LLC. The bid opening was held on May 22, 2015 in the
Borough Conference Room. The bids were submitted with price quotes for individual pieces of
equipment to be used on projects provided above.
The bids were analyzed by the WBSA Board using the tabulations to determine the lowest
responsive bidder. Questions were raised regarding the lack of specific documentation required
by the Request for Bids and it was concluded that as a Limited Liability Company (LLC), MK
Enterprises or any other bidding firm that was an LLC, was not required to submit a Corporate
Acknowledgment Affidavit, as an LLC was not a corporation. The lack of the Corporate
Acknowledgment Affidavit did not affect the bid tabulation in regards to the "lowest responsive
bidder'.
Bid tabulations, bid scenario, and responses of the four bidding firms were provided.The WBSA
board recommended awarding the contract for the WBSA Road Maintenance and Repairs,
Snow Removal and Sanding to MK Enterprises, LLC. The Contract would name MK
Enterprises, LLC as the Contractor of the work,and all invoicing,etc.would be provided through
the Contractor.This was a one-year contract with the option of three one-year extensions.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Lynch, Peterson, and
Rohrer.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 5 of 9
*July 2, 2015 Regular Meeting Minutes. Page 8 of 237
AGENDA ITEM #S.A.
3. Contract No. FY2016-08 Recycling Services with Threshold Services, Inc.
ROHRER moved to authorize the Manager to execute Contract No. FY2016-08 with Threshold
Services, Inc. (TSI) of Kodiak, AK to provide collection and shipping recyclable materials off-
island in an amount not to exceed $248,240(the flat rate price of$20,687/month)for the period
of July 1,2015 to June 30, 2016,with the option of four one-year extensions.
TSI, a private non-profit entity maintained a receiving, handling, processing, storage, and
marketing operation for recyclable materials in Kodiak for shipment to markets off-island. TSI
achieved that through its goal to provide work and training for persons with disabilities of who
were chronically not employable. In addition, TSI was the Borough's current contractor for
recycling services.
The E/F Department received one proposal, from TSI to the Recycling Processor Request for
Proposal (RFP) issued on May 8, 2015. The proposal was received on May 26, 2015 (as
required)and was determined to be acceptable/responsive but was$107,990 over the amount
budgeted($250,000)for recycling services for FY2016,
A review of the proposal revealed the cost overrun was due to two "exceptions" which totaled
$109,750, The first exception, which provided recycling services at the TSI staffed facility on
Sunday, would add $96,750 to the cost proposal, The second exception, to recycle an
estimated 26,000 pounds of electronic waste (E-waste), would add $13,000 to the cost
proposal.
Because TSI was the sole proposer, and therefore was the lowest total price, EIF staff entered
into negotiations as per KIBC 3.30.050(D) with TSI to decrease the proposal cost to conform
with the $250,000 Recycling Services budget. E/F staff met with representatives of TSI to
negotiate a reduction of the proposal cost on June 3, 2015.The parties discussed modifying the
proposal which resulted in the total cost of the TSI proposal to be$1,760 below the budget;total
cost of the proposal was $248,240. Further details of the negotiation were attached to the
packet.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and
Skinner.
Resolutions
1. Resolution No. FY2016-03 Appointing Members to the Kodiak Fisheries Development
Association.
PETERSON moved to adopt Resolution No. FY2016-03.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2,2015 Page 6 of 9
`July 2, 2015 Regular Meeting Minutes. Page 9 of 237
AGENDA ITEM #5.A.
The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries
Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws
of the KFDA provided for appointment of directors to the Board by the Borough Assembly and/or
the City Council for three year terms.
There were two Borough KFDA seat terms that would expire July 2015. Mr. Tuck Bonney and
Mr. Jerry Bongen were the incumbents and had both indicated their desire to be reappointed.
Both members have served since the formation of the Board in 2005.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, and
Lynch.
Ordinances for Introduction
None.
Other Items
1. Declaring a Seat on the Assembly Vacant(Ms. Carol Austerman).
LYNCH moved to accept,with regret, the resignation of Ms. Carol Austerman from the Borough
Assembly for a seat term to expire in October 2016, and directed the Borough Clerk to advertise
the vacancy per Borough Code.
Assembly member Carol Austerman announced her resignation from the Borough Assembly
effective June 30, 2015. Ms. Austerman's seat expired in October 2016. Since there was more
than 90 days remaining in her term, the procedures for filling vacancies per KIBC 2.25.060
Declaring and filling vacancies would be followed.
Once the resignation was accepted, the Clerk's Office would start the advertising process.
Applications would be accepted starting on Monday.July 6 through Friday,July 17. There would
be a special meeting scheduled on July 30 to interview and appoint a person from the
applicants.
ROLL CALL_ VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Lynch and
Peterson.
2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission City
Seat(Mr. Kyle Crow).
PETERSON moved to confirm the Mayoral appointment of Mr. Kyle Crow to the City seat on the
Planning and Zoning Commission for a seat terra to expire December 31,2016.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 7 of 9
*July 2, 2015 Regular Meeting Minutes. Page 10 of 237
AGENDA ITEM #5.A.
There was currently one vacant City seat on the Planning and Zoning Commission. The
Borough and City Clerk's Offices advertised the vacancy per their respective codes. An
application was received on May 22 from Mr. Kyle Crow for the seat.
The City Council met on June 11 and interviewed the applicant. On Friday, June 12 the City
Clerk Marlar notified Borough Clerk Javier that the City Council was forwarding the
recommendation to appoint Mr. Crow to the City seat on the Planning and Zoning Commission,
for a seat term to expire December 2016. Mayor Friend asked that the Assembly confirm his
appointment of Mr.Crow.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Lynch, Peterson, and
Rohrer.
CITIZENS'COMMENTS
Dennis S mmons expressed gratitude to the Assembly for explaining its decisions.
Judi Kidder expressed gratitude for the positive vote on Contract No. FY2016-08. She also
expressed appreciation towards the efforts made for transparency.
ASSEMBLY MEMBERS'COMMENTS
Assembly member Rohrer reminded the public who were interested in the mobile home park
code revisions to attend the Planning and Zoning Commission meetings on July 8 and July 15„
2015. He also expressed interest in having a special meeting if needed to cover that issue.
Assembly member Peterson expressed gratitude for staffs hard work and wished everyone a
happy Independence Day.
Assembly member Skinner spoke in support of getting the proper entities together to further
discuss the roll carts used for residential trash collection and the continuing bear problem.
Announcements—Mayor Friend
Mayor Friend announced the next Solid Waste Advisory Board meeting would meet on
Wednesday, July 22, 2015 at 5:15 p.m., at the Kodiak Fisheries Research Center. The
Assembly work session of July 9 and the regular meeting of July 16 had been canceled. The
next work session would be held immediately following the special meeting on Thursday, July
30 at 7:30 p.m., in the Borough Conference Room. The next regular meeting would be held on
Thursday, August 6 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices
would be closed on Friday, July 3 in observance of Independence Day.
ADJOURNMENT
PETERSON moved to adjourn the meeting.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 8 of 9
*July 2, 2015 Regular Meeting Minutes. Page 11 of 237
AGENDA ITEM #5.A.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and
Skinner.
The meeting was adjourned at 8:35 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerrol Friend, Mayor
Nova M.Javier, MMC, Borough Clerk Approved on:
Kodiak Island Borough Assembly Regular Meeting Minutes
July 2, 2015 Page 9 of 9
*July 2, 2015 Regular Meeting Minutes. Page 12 of 237
AGENDA ITEM #9.A.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6. 2015
4, � ASSEMBLY SPECIAL MEETING
u
TITLE: Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-
Conservation District and Chapter 17.130 PL—Public Use Lands District To
Allow the Temporary Storage of Mobile Homes Displaced Under AS 34.03.225
To Be Stored On Sites Zoned C-Conservation Or PL-Public Use Lands.
ORIGINATOR: Jack Maker
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The announced closure of Jackson's Mobile Home Park would force mobile home owners in
the park to relocate their homes. Since there are limited permanent locations for displaced
mobile homes to relocate to,there may be a need for temporary storage of mobile homes
until the owners are able to secure a permanent location. Currently,outdoor storage is only
allowed in the business and industrial zoning districts.These zoning code amendments will
increase potential storage areas by allowing the temporary storage of displaced mobile
homes in the C-Conservation and PL-Public Use Lands zoning districts.
The Planning and Zoning Commission held a public hearing on these amendments at a
special meeting on July 8,2015 and a second public hearing at a regular meeting on July 15,
2015. Following the July 15,2015 public hearing,the Commission voted 6-1 to recommend
that the Assembly approve an ordinance amending KIBC Title 17 Zoning,Chapters 17.50 C-
Conservation District and 17.130 Pt-Public Use Lands District to allow mobile homes
displaced under AS 34.03.225 to be temporarily stored on sites zoned C-Conservation and
PL-Public Use Lands.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-03.
Kodiak Island Borough
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 13 of 237
AGENDA ITEM #9.A.
Introduced by. Borough Assembly
1 Requested by Borough Assembly 1
Commission Planning and
Development
3 Department
4 Introduced 0713012015
Public Healing: 01110WO15
5 Adopted:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2015.03
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
11 BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
12 ORDINANCES TITLE 17 ZONING, CHAPTER 17.50 C-
13 CONSERVATION AND CHAPTER 17.130 PL- PUBLIC USE LANDS
14 DISTRICT TO ALLOW THE TEMPORARY STORAGE OF MOBILE
15 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.225 TO BE
16 STORED ON SITES ZONED C-CONSERVATION OR PL-PUBLIC USE
17 LANDS
18
19 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises
20 planning, platting, and land use regulations on an area wide basis pursuant to Alaska
21 Statutes(AS)Chapter 29.40; and
22
23 WHEREAS, in accordance with AS 29.40,the Borough adopted Ordinance No.FY2008-
24 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007
25 replacing the 1968 Comprehensive Pian;and
26
27 WHEREAS, the Borough has adopted KIBC Title 17 Zoning in accordance with AS
28 29,40 to implement the Kodiak Island Borough Comprehensive Plan;and
29
30 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity,
31 convenience, general welfare or good zoning practice requires, the assembly may, by
32 ordinance and after report thereon by the Commission and public hearing as required by
33 law, amend, supplement, modify, repeal or otherwise change these regulations and the
34 boundaries of the districts;'and
35
36 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
37 AS 34.03.225(a)(4)will result in nearly 100 families being forced to relocate;and
38
39 WHEREAS, many of the mobile homes in question may not be able to be moved due to
40 age,structural condition,or modifications over lime;and
41
42 WHEREAS, recent public comments noted that some mobile home owners may need a
43 temporary location to store their mobile homes until a permanent location is found;and
44
45 WHEREAS, there may be space available on C-Conservation zoned land or publicly
46 owned land that Is zoned PL-Public Use Lands to accommodate temporary storage of
47 mobile homes If the Conservation or Public Use Lands zoning regulations permitted such
48 storage;and
49
Kodiak Island Borough,Alaska Ordinance No.FY2016-03
Page 1 or 9
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 14 of 237
AGENDA ITEM O.A.
50 WHEREAS, the Borough desires to relax the regulatory requirements to permit mobile
51 homes displaced pursuant to AS 34.03.225 to be temporarily stored in the Conservation
52 and Public Use Lands zoning districts;and
53
54 WHEREAS, the public necessity and general welfare of the community may be better
55 served by amending the code to allow temporary storage of mobile homes rather than
56 requiring strict adherence to existing zoning requirements for storage:and
57
58 WHEREAS, the amendments to Title 17 Zoning, Chapters 17.50 C-Conservalion
59 District and 17.130 PL-Public Use Lands of will accomplish the slated public need;and
60
61 WHEREAS, the Planning and Zoning Commission held a special work session to review
62 the proposed changes to KIBC Chapters 17.50 and 17.130 on July 1,2015;and
63
64 WHEREAS, the Commission set aside time for public Input and discussion at the work
65 session;and
66
67 WHEREAS, the Commission held a public hearing at a special meeting on July 8,2015
68 and a second public hearing at a regular meeting on July 15,2015 and following the July
69 15, 2015 public hearing, voted to transmit its recommendations for revisions to KIBC
70 Chapters 17.50 and 17.130 to the Borough Assembly;and
71
72 WHEREAS, as part of its recommendation to adapt the revisions to KIBC Chapters
73 17.50 and 17.130, the Commission adopted Findings of Fact, which are attached hereto
74 as Exhibit A and
75
76 NOW,THEREFORE,BE IT ORDAINED 13Y THE ASSEMBLY OF THE KODIAK ISLAND
77 BOROUGH that:
78
79 Section 1: This ordinance is of a general and permanent nature and shall become a
80 part of the Kodiak Island Borough Code of Ordinances.
81
82 Section 2: The Title 17 Zoning Chapters 17.50 C-Conservation District and 17.130
83 PL-Public Use Lands,are hereby amended as follows:
84
85 Chapter 17.50
86 C-CONSERVATION DISTRICT
87 Sections:
88 17.50.010 Description and intent.
89 17.50.020 Permitted principal uses and structures.
90 17.50.030 Permitted accessory uses and structures..
91 17.50.040 Conditional uses.
92 17.50.045 Temporary Uses.
93 17.50.050 Area requirements.
94 17.50.060 Maximum lot coverage for structures.
95 17.50.070 Building height limit.
96 17.50.080 Setbacks from property lines.
97 17.50.090 Special district regulations.
98 17.50.100 Fences,parking,and signs.
99 17,50.110 Nonconformilies.
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100
101 17.50.010 Description and Intent.
102 The C conservation zoning district is established for the purpose of maintaining open
103 space areas while providing for single-family residential,and limited commercial land uses.
I04 For the conservation district, in promoting the general purposes of this title, the specific
105 intentions of this chapter are:
106 A.To encourage the use of land for single-family residential and limited commercial
107 purposes;
108 B.To encourage the continued use of land for open space areas;and
109 C.To encourage the discontinuance of existing uses that are not permitted under the
110 provisions of this chapter.
111
112 17.50.020 Permitted principal uses and structures.
113 The following land uses and activities are permitted in the conservation district:
114 A.All of the permitted principal uses and structures in the NU natural use zoning district;
115 B.Agricultural activities and related structures, including commercial livestock grazing;
116 with a written conservation plan between the land owner or lease holder and the Kodiak
117 soil and water conservation district, in those areas historically established for livestock
118 grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag
119 Point on Sharatin Bay to the mouth of Wild Creek In Ugak Bay, and including Chirikof
120 Island and Sitkinak Island;
121 C.Commercial fishing activities and related structures, including mariculture activities and
122 related structures;,
123 D,Commercial guiding and/or outfitting activities(e.g., hunting, fishing, photography,eta)
124 and related structures(e.g.,lodges)containing provisions for no more than six clients;
125 1=,Parks„
126 F Recreational activities(including recreational mining activities);
127 G.Single-family dwellingsirecreational cabins and associated home occupations;
128 H.Timber harvesting activities and transportation and utility facilities constructed In
129 support of permitted timber harvesting activities;
130 I.Churches;
131 J.Bed and breakfasts;
132 K.Vacation homes;and
133 L.Hoop houses.
134
135 17.50.030 Permitted accessory uses and structures.
136 In addition to those uses and structures specifically identified in KIBC 17.50.020, the
137 following accessory uses and structures are permitted when developed in support of
138 permitted principal uses:
139 A.Docks,piers,water Intake facilities,power structures,eta;
140 B.Accessory residential buildings (e.g., crew quarters in support of commercial set-net
141 fishing and lodge operations,banyan,outhouses,etc.);
142 C.Storage and warehouse structures(e.g..gear buildings,generator sheds,etc.);and
143 D.Transportation and utility facilities(e.g.. roads, pipelines, communication facilities, etc.)
144 but not airstrips.
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AGENDA ITEM #9.A.
145
146 17.50.040 Conditional uses.
I47 The following land uses and activities may be allowed by obtaining a conditional use
I48 permit In accordance with the provisions of Chapter 17.200 KIBC:
149 A.All of the conditional uses in the NU natural use zoning district;
150 B.Airstrips;
151 C.Commercial livestock grazing, excluding those areas historically established for
152 livestock grazing as described in KIBC 17.50.020(8),where it Is a permitted use;
153 D.Lodges that have provisions for more than six clients;
154 E.Logging camps and timber harvesting support facilities (e.g., log transfer facilities),
155 including timber products processing facilities;
156 F.Nonrecreational mineral extraction activities and related structures;
157 G.Seafood processing facilities and related structures;and
158 H.Transportation and utility facilities not otherwise permitted and not otherwise used in
159 conjunction with permitted uses(e.g..roads,pipelines,communications facilities,etc.).
160
161 •17.50.045 Temporary Uses.
162 The following land uses may The allowed In the publlic lands dlstrict subject to
163 approval of the prop" owner and any conditions irellated to such storage
164 established by the owner-,
165 A,.Storage of mobile homes displaced by closure of a mobilo home 1pairlk pursuant to
166 AS.34.03.226.
167 B..This provision shall sunset.on December 31„201 8.
168
169 17.50.050 Area requirements.
170 A.Lot Area.The minimum lot area required is five acres.
171 B.Lot Width.The minimum lot width required is 250 feet.
172
173 17.50.060 Maximum lot coverage for structures.
174 The maximum lot coverage allowed by the total of all structures Is five percent of the lot
175 area,except that on any bl of record,structures may cover 2,000 square feel of the lot or
176 five percent of the lot area,whichever is greater.
177
I78 17.50.070 Building height limit
179 The maximum building height allowed is 35 feel for residential buildings and 50 feet for
180 accessory buildings.
181
182 17.50.080 Setbacks from property lines.
183 A.Setbacks from Property Lines.
184 1.There is a required front yard setback of 25 feel except lots fronting on marine waters
185 are exempt from any front yard setback.
186 2.There is a required side yard setback of 25 feet
187 3.There is a required rear yard setback of 25 feet.
188 B.Setbacks from Anadromous Fish Water Bodies.
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AGENDA ITEM #9.A.
189 1,There Is a required setback (preventing clearing, filling, excavation„ or structural
190 development) of 50 feet from the bank vegetation of anadromous fish water bodies that
191 are specified pursuant to AS 16,05.870(a)and 5 AAC 85,010„except in the case of timber
192 harvesting activities, whose required setback will be regulated by AS 41.17.010 through
193 4117.950„ as amended,and the regulations enacted thereunder„This provision shall not
194 prevent removal in the setback area associated with a habitable residential or recreational
195 structure oh
196 a.Up to 50 percent of the trees;and
197 b,Other vegetation if a suitable ground cover(such as grass)is planted.
198 2.Water-dependent facilities,in stream development activities,and fording may be located
199 closer than 50 feet,and in the water when permitted by the Alaska Department of Fish and
200 Game under AS 16.05.870(b)and(d)and 5 AAC 95.700.'Water-dependent facilities'are
201 defined as uses,activities or structures which can be carried out only on,in or adjacent to
202 water areas because the use,activity,or structure requires access to the water body(e.g.,
203 water intake facilities,micro hydro projects,docks,piers,and boat watching facilities,etc.).
204
205 17.50.090 Special district regulations.
206 A.Conditional uses in this zoning district are required to conform to the general district
207 regulations unless the terms of the conditional use permit specify otherwise.
208 B.Approved conditional uses In this district shall conform to the following specific
209 performance standards:
210 1,Conditional uses must minimize the impact on the natural environment and preserve,to
211 the extent feasible and prudent, natural features. Specifically, to the extent feasible and
212 prudent:
213 a.Conditional uses In upland habitats must retain natural vegetation coverage, natural
214 drainage patterns, prevent excessive runoff and erosion, and maintain surface water
215 quality and natural groundwater recharge areas;and
216 b.Conditional uses in estuaries, lide0ats, and wetlands must maintain or assure water
217 flow,natural circulation patterns,and adequate nutrient and oxygen levels.
218 Nothing In this provision shall require improvement to the natural condition existing prior to
219 development.
220 2.Although a particular conditional use may constitute a minor change, the cumulative
221 effect of numerous piecemeal changes can result in a major impairment of the
222 environment. The particular site for which a conditional use application is made will be
223 evaluated with the recognition that lt may be part of a complete and interrelated
224 environmental area. A conditional use shall be denied under this provision only if the
225 weight of credible scientific evidence shows that the proposed conditional use, together
226 with all other then-existing conditional uses In the area, will have a substantial adverse
227 impact on the interrelated environmental area If such conditional uses are operating in
228 accordance with all required state and federal rules and regulations. Consideration shall
229 be given to the mitigating effect of not locating the conditional use in any other area and
230 mitigation efforts, if any, which the proposed conditional user may offer for this or any
231 other environmental areas.
232
233
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AGENDA ITEM O.A.
234 17.50.100 Fences,parking,and signs.
235 Fences,parking areas,and signs are permitted and unregulated when they are related to
236 the use of the property for a permitted and/or approved conditional use.
237
238 17.50.110 Nonconformities.
239 A.On nonconforming lots of record any permitted principal uses and structures and any
240 permitted accessory uses and structures are allowed.
241 B.On nonconforming lots of record the commission may grant a conditional use permit for
242 any use listed in KIBC 17.50.040.
243 C.Setbacks from property lines for nonconforming lots of one-half acre or less:
244 1.There Is a required side yard and rear yard setback of 10 feet;and
245 2.There is a required front yard setback of 15 feet,except lots fronting on marine waters
246 are exempt from any front yard setback.
247 D.Nonconforming uses will be regulated by the general nonconforming use provisions of
248 this title.
249 E.Nonconforming structures will be regulated by the general nonconforming structures
250 provisions of this title.
251
252 Chapter 17.130
253 PL—PUBLIC USE LANDS DISTRICT
254 Sections:
255 17,.130.010 Description and Intent...
256 17.130.020 Permitted uses.
257 17.130.030 Conditional uses.
258 17.130.035 Temporary Uses.
259 17.130.040 Area requirements.
260 17.130.050 Yards.
261 17.130.0130 Building height limit.
262
263 17.130.010 Description and Intent
264 The PL public use lands zoning district is established as a land use district for publicly
265 owned land containing recreational,educational and institutional uses.For the public lands
266 district,in promoting the general purposes of this title,the specific intentions of this chapter
267 are:
268 A To Identify lands owned by governments that are used for public purposes;
269 B.To prohibit residential, commercial and industrial land uses and any other use of the
270 land which would interfere with the development or continuation of public services in the
271 district;and
272 C.To encourage the discontinuance of existing uses that are not permitted under this
273 chapter.
274
275
276
277
278
Kodiak Island Borough,Alaska ordinance No.FY2016-03
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AGENDA ITEM #9.A.
279 17.130.020 Permitted uses.
280 The following land uses are permitted in the public lands district subject to the approval of
281 a detailed site plan by the commission:
282 A.Cemeteries;
283 B.Community buildings and halls;
284 C...Fire stations;
285 D.Gymnasiums;
286 E,Hospitals;
287 F Libraries;
286 G.Museums;
269 H.Nursing homes;
290 1.Offices for local,state and federal governments;
291 J.Open air theaters;
292 K.Parks,playgrounds,playfields,and open space;
293 L.Recreation centers;
294 M.Sanitariums;
295 N.Schools,public and private;
296 O.Swimming pools;and
297 P.Utility installations.
298
299 17.130.030 Conditional uses.
300 The following land uses may be allowed by obtaining a conditional use permit in
301 accordance with the provisions of Chapter 17.200 KIBC:
302 A.Airports;
303 B.Correctional facilities;
304 C.Dormitories;
305 D.Governmental maintenance and service facilities and storage yards;
306 E.Natural resource extraction;
307 F.Solid waste disposal sites;and
308 G.Radio and television transmitters.
309
310 17.130.038 Tomporary Uses.
311 'The following land uses may be allowed In the publ[c lands district subject to
312 approval of the property owner and any conditions related to such storage
313 establ1shed by the owiner,
314 A.Storage of mobile homes displaced by closure of a mobft home park pursuant to
315 A&34.03.22&
316 B.This provWorn shall sunset on December 31,2010,
317
318 17.130.040 Area requirements.
319 A.Lot Area.The minimum lot area required Is 7,200 square feet.
320 B.Lot Width.The minimum lot width required Is 60 feet.
321
322
323
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AGENDA ITEM #9.A.
324 17.130.050 Yards.
325 A.Front Yard.The minimum front yard required is 25 feet.
326 B.Side Yard.The minimum yard required on each side of a principal building is 10 percent
327 of the lot's width but need not exceed 25 feet. The minimum required side yard on the
328 street side of a comer lot is 25 feet.
329 C.Rear Yard.The minimum rear yard required is 25 percent of the lot's depth but need
330 not exceed 25 feet.
331
332 17.130.060 Building height limit.
333 The maximum building height is 50 feet.
334
335 Section 3:This ordinance will take effect upon adoption.
336
337 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
338 THIS DAY OF 2015
339
340
341 KODIAK ISLAND BOROUGH
342
343
344
345 Jerrol Friend„Borough Mayor
346
347 ATTEST:
348
349
350
351 Nova M.Javier,MMC,Borough Clerk
352
Kodiak Island Borough,Alaska Ordinance No.FY2016-03
Page 8 of 9
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 21 of 237
AGENDA ITEM #9.A.
353 EXHIBIT A
354 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
355 Ordinance No.FY2016-03.
356 FINDINGS OF FACT(KIBC17.205.020)
357 1. The announced closure of Jackson's Mobile Home Park will force mobile home
358 owners In the park to relocate their homes.Since there are limited locations for
359 displaced mobile homes to relocate to, there may be a need for temporary
360 storage of mobile homes until the owners are able to secure a permanent
361 location.
362 2. There is a lack of readily available land that is designated for any new mobile
363 home park.
364 3. Currently,outdoor storage is only allowed In the business and industrial zoning
365 districts.The zoning code amendments will now allow the temporary storage of
366 displaced mobile homes in the C-Conservation and PL-Public Use Lands
367 zoning districts.
368 4. The proposed amendments to KIBC Title 17 Zoning, Chapters 17.50 C-
369 Conservation and 17.130 PL-Public Use Lands are consistent with
370 Comprehensive Plan Goals and Polices related to affordable housing.
371 5. The Planning and Zoning Commission recommends approval of the code
372 amendments.
373
Kodiak Island Borough.Alaska Ordinance No.FY2016-03
Page a of 9
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 22 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7•F AND 7-G
P&2 REGULAR MEETING.JULY 15„2015
h Kodiak Island Borough
x g
Community Development Department
710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)486-9363 Fax(907)488-9396
www.kodiakak.us
Date: July 9,2015
To: Planning and Zoning Commission
From: Robert H.Pederson,AICP-Director
RE: Updated Staff Report and Recommendations-July 8,2015 Special Public Hearing&
July 15,2015 Public Hearing-Code Changes Addressing Mobile}-tome Issues
At the July a special public hearing, the Commission held a public hearing on the first
three changes to Borough Code related to mobile home issues resulting from the
announced closure of Jacksons Mobile Home Park.Those code chapters are:
Chapter 17,140 KIBC—Nonconforming Uses and Structures;
Chapter 17,130 KIBC—Public Use Lands District;and
Chapter 17,50 KIBC—Conservation District.
Fallowing the public hearing, the Commission postponed the public hearing to July 15
2015. There has been one change to the findings of fact for each ordinance; addressing
the public comment about the lack of land designated for mobile home parks.
Chapter 17.140-Nonconforming Land Uses and Structures
As discussed in the June 0 staff memo,one impediment to relocating mobile homes
from Jacksons to other existing mobile home parks is the status of those parks(except
Rasmussen's)as"grandfathered"(i.e.,legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this issue.The proposed code changes include the clarifying
language discussed at the July 1 et special work session. If adopted, mobile homes
displaced from mobile home parks as a result of a change of land use could be
relocated to other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e.,separation of
structures)in case of fire.
Chapter 17.130-Temporary storage of mobile homes in the PL zoning district
The June 4t'staff memo to P8Z noted that outdoor storage is currently allowed in four
zoning districts(B-Business,RB-Retail Business, I-Industrial,and LI-Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
owned land. Most Borough owned land around town is zoned PL-Public Lands. Other
Borough parcels are zoned Natural Use,Watershed,Conservation„Industrial„or R-2.
Amendments to KISC Chapters 17 140:.17.50„and 17.130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 23 of 237
AGENDA ITEM #9.A.
PUBLOC HEARONG rT.M 7-F AND 7.0
P 6 z REGULAR MEE'nNG:JULY 15,2015
During the July 13', special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district, in addition to the PL
zoning district.This provision has been added to the ordinance for your public hearing
on July 80".. If adopted,mobile homes could be stored in the C and PL zoning districts
subject to any conditions imposed by the underlying property owner,such as length of
time,,insurance„ security,;screening, etc.The code changes also include a sunset
provision that allows temporary storage until December 31,2018,.
Applicable Regulations
KIBC 17,205-010 Author ..
Whenever the public necessity„convenience„general welfare or good zoning practice
requires,the assembly may, by ordinance and after report thereon by the commission
and public hearing as required by law, amend,supplement, modify;,, repeal or otherwise
change these regulations and the boundaries of the distracts.
KIBC 17.205020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner in which such change is initiated and such report
shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this title, and the report of the commission at its next regular meeting after
receipt of such report. If,from the facts presented and by the findings of the report of the
commission, it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment, supplement,change or
reclassification.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17.140 KIBC(Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming
Amendments to KIBC Chapters 17.140.17.56,and 17.130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 24 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7-f AND 7-G
P 8 Z REGULAR MEETING,JULY 15„.2915
Mobile Home Parks, and to adopt the finding of fact in the July 3, 2015 staff report as
findings of fact for this code amendment.
Findings of Fact
1 The amendments to Chapter 17140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2„ All but one of other mobile home parks in Kodiak are nonconforming land uses
and several have existing spaces that could be occupied if the nonconforming
standards of the code did not prohibit expanding nonconforming land uses-
3 There is a lack of readily available land that is designated for any new mobile
home park.
4, The amendments to Chapter 17.140 are consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically„affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17.140 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC (PL-public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL- Public Use Lands, and
to adopt the finding of fact in the July 3, 2015 staff report as findings of fact for this code
amendment.
Findings of Fact
1. The announced closure of Jackson's Mobile Home Park will force mobile home
owners in the park to relocate their homes. Since there are limited locations for
displaced mobile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. There is a lack of readily available land that is designated for any new mobile
home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes in the C- Conservation and PL-Public Use Lands zoning
districts.
Amendments to KIBC Chapters 17 149,17.50,and 17.170
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 25 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7-F AND 7-G
P d Z REGULAR MEETING JULY 15,2015
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing.
5. The Planning and Zoning Commission recommends approval of the code
amendments.
Amendments to KIBC Chapters 17 140,17 50,and 17.130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 26 of 237
AGENDA ITEM #9.A.
PUBUC H RING IFFEM 7-F AND 7•G
P b Z REGULAR MEETING:JULY 15,2015
hendumd
Requested byr, ao
1 a PIZ
2 Dratted . coo
Ira 15
Pubes
4 .
5 KODIAK ISLAND BOROUGH
ORDINANCE . FY
7
8 AN ORDINANCE F THE ASSEMBLY OF THE I ISLAND
9 AMENDING CHAPTERS ITAD 17.130 KIBC.( C
10 USE LANDS DISTRICT)TO ALLOW THE TEMPORARY STORAGE OF MOBILE
11 HOMES DISPLACED 34.03.225 TO BE ST02ED IT ZONED C-
12 CONSERVATION OR PL-PUBLIC,I LANDS
13 �'I (I <<
14 , a con class Borough, tha�� ia�' Island rough ex rcis
15 planning, platting, and la use regulations ,anti area otasis pursuant to Chapter
16 29.40 Alaska Statutes;and
17 I }['` y�r�
18 WHEREAS, In accordance With AS 29.40,11,11°te Kodiak Island Bari,"" the 2WO
19 Comprehensive Plan update on December 6 4 7(Ord' ce No. tQDI to replace
20 the 19%Comprehensive Plane and
f
21 J
22 WHEREAS. The Kodiak Isla` ( has a opted K `title 17 (Zoning) in
23 accordance with AS 29.40 to implement the Kodiak Isisrld Borough Comprehensive Plan;;
24 and �i[�j �EI It�i� �ili�
25 ��Iffl hi Ijj ��
26 WHEREAS, KI 1Ib 117 2 010 provides t �t'W, ene v er g t public necessity,
27 convenience, gerafprai welfars�or good zggj9g,�practice r uires, the assembly may, by
28 ordinance and after`report thers6n by the"commission and'public hearing as required by
29 law, amend suppled, l m repeal or`®thervrise change these regulations and the
30 bcundariesio the district"?
`�C�
31 ' k�� I 32 WH EAS, The recent an unced clos�rp�® ckson's Mobile Home Park pursuant to
33 AS 13,225(a)(4)41 result iniearly 100 fariillies being farted to relocate;and
34 1 �4�1I11 141 ,,
35 WHEREAa II eMany of the mobile holes In question may not be able to be moved due to
36 age,sl cl I ition, 11 if lloi s over time;and
37 l
38 WHEREAS, � rlt°publlr 4m
Ft menls noted that some mobile homeowners may need a
44 temporary localion t®store htelr mobile homes until a permanent location is found;and
41 911HEREAaS, I Hera may be space available on C-Conservation zoned land or publicly
2 owned land that is zoned PL a Public Use Lands to accommodate temporary storage of
3 mobile homes if the C or PL zoning regulations permitted such storage,and
44
5 WHEREAS, The Borough desires to relax the regulatory requirements to permit mobile
46 homes displaced pursuant to AS 3.225 to be temporarily stored In the C and PL
47 zoning dis °cts;and
4
49 WHEREAS, The public necessity and general welfare of the community may be better
50 served by amending the code to slow temporary storage of mobile homes rather than
51 requiring strict adherence to existing zoning requirements for storage;and
2
Kodlak Istarl d 50"hAffifants to vjBc chapters;1714o,17 50,arid 17.130 Ordinarice No.FY2016-XX
Pagel of 2
Ordinance i i ! Zoning, Chapter 17... Page 27 of 27
AGENDA ITEM #9.A.
PUBUC HEARING IT 7-F AND 7•G
P S Z REGULAR MEETING:JULY 15,2015
53 WHEREAS, The amendments to Chapters 17.50(C—Conservation Di trict)and 17.1
54 KIBC( —Public Use n s)of Title 17 will accomplish the stated public need;and
55
56 WHEREAS,The Planning and Zoning Commission held a special work session to review
57 the proposed changes to Chapters 17.50 and 17.130 KIBC on July 1,2015;and
58
59 WHEREAS, The Planning and Zoning Commission set aside time for public input and
0 discussion at the work session-,and
61
62 WHEREAS, The Planning Zoning Commission hold a special public hearing on July
3 8. 2015 and a public hearing an July 15, 2015 and following the July 15, 2016 public
64 hearing, voted to transmit their recommendations for revisions to Chapters 17.60 and
17.130 KIBC to the Borough Assembly.and
66
7 WHEREAS, As part of their recommendation to adopt the revisions to Chapters 17.50
68 and 17,130 KIBC,the arming and Zoning Commission adopted Findings of Fact,which
69 are attached hereto as Exhibit ;and
70
71 LY OF THE KODIAK ISLAND
72 BOROUGH tar
7
74 Section 1: This ordinance Is of a general and permanent nature and shall become
75 part of the Kodiak Island Borough Code of Ordinances;
76
77 Section The amendments to Chapters 17.50 and 17.130 KIBC am attached as
78 Exhibit A.
7
0 ADOPTED BY T Y OF THE KODIAK ISLAND
at THIS Y OF 215
3
84 KODIAK ISLAND BOROUGH
85
86
7
Jerroll Frien ,Borough Mayor
STS
1
2
93
94 Nova M.Javier,MMC,Borough Clerk
iak Island BoroughANwAamts 10 mBG cnaptm 17 14e,17.50,wW 17130 Ordinance No.FY2016-XX
ageof2
Ordinance - i ng Title 17 Zoning, t ... Page 28 of 237
AGENDA ITEM #9.A.
PUB UC HEARING IT 7-F AND 7-0
P A Z REGULAR MEETING:JULY 15,2015
Chapter 17.50
C—CONSERVATION DISTRICT
Sections,
17.50.010 Description and intent
17.50.020 Permitted principal uses and structures.
17.50.030 Permitted accessary uses and structures,
17.50.040 Conditional uses.
17,50045 TeMRgEary Uses.
17.5O.050 Area requirements.
17.50.060 Maximum lot coverage for structures.
17<50470 Building height limit
1750.ffiQ Setbacks from property lines,
173U90 Special district regulations.
27.50.100 Fences,parking,and signs,
27.50.110 Nonconformitles.
17.50A10 Description and Intent
The C conservation zoning district Is established for the purpose of maintaining open space areas while
providing for single-family residential,and limited commercial land uses.For the conservation district,in
promoting the general purposes of this title,the specific Intentions of this chapter area
A.To encourage the use of land for single-family residential and limited commercial purposes;
B.To encourage the continued use of land for open space areas,and
C.To encourage the discontinuance of existing uses that are not permitted under the provisions of this
chapter,(Repealed and reenacted by Ord.93-66§281943;Ord.84-57-0§1a 19114;Ord.8246-0§28
1982.Formerly§17.13.010).
17.50.00 Permitted principal uses and structures.
The following land uses and activities are permitted in the conservation distrki:
A.All of the permitted principal uses and structures in the NU natural use zoning district;
B.Agricultural activities and related structures,including commercial livestock grazing;with a written
conservation plan between the land owner or lease holder and the Kodiak soil and water conservation
district,In those areas historically established for livestock grazing consisting of the northeast portion of
Kodiak island east of a line drawn(tam Crag Point on Sharatin Bay to the mouth of Wild Creek In Ugak
Bay,and Including ChIrikof Island and Sitkinak Island,
C.Commercial fishing activities and related structures,Including mariculiture activities and related
structures,
0.Commercial guiding and/or outfitting activities(e.&,hunting,fishing,photography,etc.)and related
structures le.g.,lodges)containing provisions for no more than six clients;
E.Parks;
F.Recreational activities lincluding recreational mining activities);
G.Single-family dwellings/recreational cabins and associated home occupations,
H.Timber harvesting activities and transportation and utility facilities constructed In support of
permitted timber harvesting activities;
Amendments to KJOC Chapters 117 140,1750,ard 17 130
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AGENDA ITEM O.A.
PUBLIC HEARING ITEM 7-F AND 7-G
P&Z REGULAR MEETING',JULY 15,2015
I.Churches,
J.Red and breakfasts;
K.Vacation homes,and
L Hoop houses.10rd.F1F20.12-10§4,2012,Or&FY2007-08-0§5,2006,Ord 2001.05§3,20OL-,repealed
and reenacted by Ord.93-66§2,1993-,Ord.Brr,27-0§3,19B6;Drd.64-57-0 9:1,1984,Ord.8246-0§2,
1952„Formerly 517.13.0201.
17,50.030 PerrnItted accessary uses and dructures,
in addition to those uses and structures spedfica0y identIfied In KIBC(7.50.020,the lolbwIng accessory
uses and structures ere permitted when developed In support of permitted principal usesr
A.Docks,piers,water intake facilities,power structures,etc.;
B.Accessory mAdentlal buildIfts 1e.S-,crew quarters In support of commercial set-net fishing and iodBe
operafions,banyas,oulhouses,etc.l.,
C-Starage and warehouse struclures(e.g.,gear buildings,generalorsheds,etc.);and
D.Transponation and utility fadiWes 1e..g.,roads,p1pehne5,communication fadiftles,etc.)but not
airstrips.lRepealed and reenacted by Ord o 93-0u6 12,1193;Cir&84-57-0§1,,19154,Ord.02-46-0§2,
1982.,IFsaunanerly§17.11030l
27.50.040 Condklanal uses.
The following Iland apses and activifies cnay be allowed lby obtalinIng a conditional use permk in
accordance with the pl-ovisions of Chapter 17.200 IUM
X AN of the conditional uses In the NU natural use zoning distract;
B.Airstrips;
C.,Counmerciall livestock grazin&excluding those areas historically established for ilvestock gazing as
described in MC17,50.020(131,whale It is a permitted use;
0.I-odges that Ihave PrOViSIMS for more than six clients;
L Logging camps and Umber harvesting support facilities(e.g.,iog transfer facifitles,including Umber
products processing facilities;
IF,Noo-hrecreational mineral extraction activities and related structures,
ri.Seafood processing facillifies and related structures,and
K,Transportation and utility Facilities not otherwise permitted and not Otherwise used in conjunction
with permitted ms 1e.&,roads,pipelines,communications(acidities®etc.),l Dyt 2001-05§4'2001,
repealed and reenacted by Ord.93-66§2,1993,Ord.84.57-0§1,1984;gird,82-46.0§2,1982.Formerly
§17.113.0401
'JZ.15Q.L§Tem RE-p I)LUses.
-- —
Ltile fMqW:i ii cures mw be allowed In Whe ubhc land.,distrig sqb
ae@LL j ..........p
9wippi-Aad 2
&.Swrae 0�mobfle ha�engdis it ced q y glo qrqgjf Mobile h Uir'Want to AS.34,01.22 s.
L_MtV.gAJL_
Tlfl�IgMvijqn sh@111 sunset on Dpce-heo 31 2018,
Aunuutnents to VJDC Chaptee 17 140,1'7.50,and'07 09
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 30 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING IT 7-F AND 7-0
P&Z REGULAR MEETING JULY 15,2015
17.50.050 Area requirements.
X Lot Area.The minimum lot area required Is five acres.
B.Lot Width.The minimum lot width required is 250 feet.[Repealed and reenacted by Ord.93-66§2,
1993;Ord,84-57-0§1,19 ®W.02-46.0 2®1962.Formerly§17.13,0501,
17.50.060 Maximum lot coverage for scructure%
The maximum lot coverage allowed by the total of all structures is five percent of the lot area,except
that on any lot of record,structures may cover 2,000 square feet of the lot or rive percent of the lot
area,whichever Is greater,lRepealed and reenacted by Ord.93-66§2,1993®Ord,84-57-0§1,19
Ord.82.46-0§2,2982.Formerly 917.a(11501.
17.50,070 Building height limit
The maximum building height allowed is 35 feet for residential buildings and 50 feet for accessory
buildings.[Ord.93-66§2,1993,Formerly§17.13.0701.
17>50.080 Setbacks from property lines.
A,Setbacks from Prop"Lines.
1.There Is a required front yard setback of 25 feet except lots fronting on marine waters are exempt
from any front yard setback.
2.There Is a required side yard setback of 25 feet.
3.There Is a required rear yard setback of 25 feet,
8,Setbacks from Anadromous Fish Water Bodies,
1.There is a required setback(preventing clearing,filling,excavation,or structural development)of SO
feet from the bank vegetation of a nadromous fish water bodies that are specified pursuant to AS
16.05A70jal and 5 AAC 95.010,except in the case of timber harvesting activities,whose required
setback will be regulated by AS 4 1.17.010 through 41.17.950,as amended,and the regulations enacted
thereunder.This provision shall not prevent removal In the setback area associated with a habitable
residential or recreational structure of-
a.Up to 50 percent of the trees;and
b.Other vegetation If a suitable ground cover(such as grass)Is planted.
2.Water-dependent facilities,In stream development activities,and fording may be located closer than
50 feet,and In the water when permitted by the Alaska Department of Fish and Game under AS
16,05.670(b)and(d)and 5 AAC 9170D.'Water-dependent facillfier are defined as uses,activities or
structures which can be carried out only on,In or adjacent to water areas because the use,activity,or
structure requires access to the water body(e.g.,water Intake facilities,micro hydro projects,docks,
piers,and boat watching facilities,etQ).[Ord.93-66§281993,Formerly 517.13.080).
27.50.090 Special district regulations,
A.Conditional uses in this zoning district are required to conform to the general district regulations
unless the terms of the conditional use permit specify otherwise.
B.Approved conditional uses In this district shall conform to the following specific performance
standards:
AmeWments to rdBG Chapteffs 17 140,17 50,and 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 31 of 237
AGENDA ITEM O.A.
PUBLIC HEARING ITEM 7•F AND 7-13
P a Z KF,QWLAR MEETING JULY M 7015
t.Conditional uses must minimize the impact on the natural environment and preserve,to the extent
ffeasible and prudent,natural features.Specilicaiiy,to the extent feasible and prudent:
a.Conditional uses in upland habitats must retain natural veSetation coverage,natural drainage
patterns,prevent excessive runoff and erosion,and mairntain surface water quailty and natural
gro undwater recharge areas,and
b,Conditional cruses in estuuaries,6dellats„and wwetiands must maintaln or assure water How,natural
circulation patterns,and adequate nutrient and oxygen levels.
Nothing in this provision shall require Improvement to the inatural condition existing prior to
development~
2.Although a Iparticullar conditional use may constitute a minor change,the cumulative effect ruff
numerous plecersaeal changes can msuult in a mayor impairment of the envlrornment.The particular site
for which a canditiornal use aplplicadon As made will he ecaivated with the rerognitten that it may be part
of a complete and interrelated enwiroinimaenntal area.A conditional use shall be denied under this
provision only if the weight of credible sdeinilic eWdence shoves that the proposed conditional use,
together with all other then-existiung conditional uses in the area,wilt have a su bstanttat adverse Impact
on the interrelaled environmental area if such conditional cruses are operating irn accordance with ail
required state and federal rules and reguIations.Consideration small be given to the rnIdgatpng effect of
not locating the conditional use in any other area and midlatlon efforts,iff any,which the(proposed
condIdonal user may offer for this or any anther environmental areas, Ord.93-56.4.2,M, 9 L Formerly
5t71109011
I.T,! DA00 Fences,parking,and dens.
Fences„IprkIng areas,and suns are permitted and unregulated when they are related to the use of the
property for a permitted arndjor approved conditional use.jOrd.93.66§2,1993.ForrnrJrly J:7.311 1.
17.50.310 Noncounffermitles.
A.On rnonconlormIng(lots of record any permitted principal uses and structures and any permitted
accessory cruses and structures are aiowwed.
&On nonrWorming lots of record the commission may pirant a conditional use(permit for any use
listed in KIBC 17. .040.
C,Setbacks from property lanes for nonconforming lots or one-hall acre or less:
:t.There is a required side yard and irear yard setback of 10 feet,and
."there is a required front yard setback or 15 feet,except lots fronting on marine waters are exernropt
prom any front yard setback,
fit.Noanconlorrning uses wwlil be regulated by the General nonconforming use provisions of this title.
E Nonconforming structures will be regulated by the general nonconffdrrninpg structures preawl ions of
this flit It3rd.93-66 12,1993.Formerly 91 7.93.110).
AmerKiments to KIBC Chaptem 17 140,17.57,MW 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 32 of 237
AGENDA ITEM #9.A.
PUSUC HEARING IT 7-F AND 7-G
P&Z REGULAR MEETING:JULY 15,2015
Chapter17.130
PIL—PUBLIC USE LANDS DISTRICT
Sections:
17.130.010 Description and Intent.
17M0MO Permitted uses.
17130,030 Conditional uses.
17,130,035 Temporary Uses
17.130.040 Area requirements.
17130.0 SO Yards.
17.130.060 Building height limit,
17.130.010 Description and Intent.
The PL public use lands zoning district Is established as a land use district for publicly owned land
containing recreational,educational and Institutional uses.For the public lands district,III promoting the
general purposes of this title,the specific Intentions of this chapter ore:
A.To identify lands owned by governments that are used for public purposes-,
S.To prohibit residential,commercial and Industrial land uses and any other use of the land which
would Interfere with the development or continuation of public services in the district,and
C.To encourage the discontinuance of existing uses that are not permitted under this chapter.lord. 3®
28.0§1,19 3.Formerly§17.33.0101,
17.130.020 Permitted uses.
The following land uses are permitted In the public lands district subject to the approval of a detailed
site an by the commission:
A.Cemeteries;
B.Community buildings and halls;
C.Fire stations,
D.Gymnaslu=,
E.Hospitals;
F.Libraries,
6,Museums-,
K Nursing homes;
1.Offices for local,state and federal governments,
J.Open air theaters;
X.Parks®playgrounds, la gilds,and open space;
L Recreation centers,
M.Sanitariums;
N.Schools,public and private;
0.Swimming pools,and
Ameriftents to VJ8C:Chapters 17 140,17 W,wd 17 130
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AGENDA ITEM #9.A.
PUB UC HEARING IT 7-F AND?-G
P A Z REGULAR MEETING JULY 15,2015
P.Uk"Bity installaVons.10rd.83-13-0§2,1993.Formerly§1733.020).
17.130.030 ConditlonaI uses,
The futlowlng land uses may be allowed by obtalnlng a conditional use permit In accordance,with Whe
provigions of Chapter 17.200 MIX:
A.Airports,
ID.Correctional facllflks,
C.Dormitories,
D..Governmental maintenance and service facifitles and storage yards;
E.Natural resource extraction;
F.SoHd waste disposal sites;and
G.Radio and lelevWon transvinItters.,10rd.83.-I9-0§2,1983,Formerly J17.33,0301.
17.130.0I9'Ler11 p ore Us E!L.
A—MkM Anal UI
17.130.040 Area requIvernents.
A.Lot Area.The nflniniurn lokarea required Is 7,200 square fePL
&Lot Width.rie minimum lot MM required is 60 feet. Ord.83-IB-0§201983,Powmerly§17.33.0401.
37.130.050 Yards,
A.Front Yard.The rroinhnurn Wnt yavd required Is 25 feet.
15.Side Yard.The Wnimum yard required on each side of a principal buildble is 10 percent of the pots
vAddo but need recut eKceed 25 feet.The irnWrnum required We yard on Vie street side of a corner Ilot Is
25 feet.
C.,Rear Yard.'r he minimunt rear yard required is 25 percent of the lot's depth but need not exceed 25
feet.[Ord.83-18-0§2n 1933,FanneriV 9:17,33,0501,
17.130.060 Building height Hnifi.
Vie maximum building height is 50 feet.10rd.83-18-0§2,1983.IFormeyll,y§1733 DWI,
Amwxvmu to HUBC Chaptem 17 140,17 50,ard 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 34 of 237
AGENDA ITEM #9.A.
Kodiak Island Borough
Planning&Zoning Commission
Draft Minutes Applicable to KIB Ordinance No.FY2016-03
July 15.2015 6:30 p.m.-Assembly Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 15, 2015 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin,Alan Schmitt,Kathy Drabek,Maria Painter,Scott Arndt,
Greg Spalinger,and Kyle Crow.
A quorum was established.
Community Development Department staff present was Director Pederson,Sheila Smith,and Jack
Maker.
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 15, 2015 Planning & zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the June 17, 2015 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
G) Case Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public
Use Lands).Request an ordinance amending Chapters 17.50 KIBC(C-Conservation District)
and 17.130 KIBC(PL-Public Use Lands) to allow the temporary storage of mobile homes
displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public
Use Lands(KIBC 17.205.040).The applicant Is the Kodiak Island Borough and the agent Is
the Community Development Department.The location Is borough-wide, and the zoning Is
C-Conservation and PL-Public Use Lands.
Director Pederson stated as we Indicated last week again this Is the ordinance that would allow the
two zoning districts to be used for temporary storage subject to approval by the underlying property
owner.This ordinance also has the sunset clause of December 31,2018 that was talked about at
the work session on July 1".Staff recommends approval for transmittal to the assembly.
The motion on the floor from the July 8,2015 Special Meeting is:
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapters 17.50 KIBC(C-Conservation District)and 17.130 KIBC
(PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Conservation and PL-Public;Use Lands,and to adopt the
findings of fact in the July 3,2015 staff report as findings of fact for this code amendment.
Close regular meeting&open public hearing:
7/15/2015 Page 1 of 2 P&Z Minutes
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 35 of 237
AGENDA ITEM O.A.
Judi Kidder staled the reason why this ordinance solution was tossed up is because there are not
enough available spaces for the trailers that may be able to be moved, Even with the twenty-nine
spaces possibly at Rasmussen's the timing of everything and fitting everyone in this still may not
be enough spaces. The solution is a temporary solution but with a sunset clause it gives some
flexibility for coming up with ideas for a long term finial solution.The reason for the sunset clause is
so that it's not open-ended and ongoing. It's an important part of the solution to have in place
whether or not it's used.
Close public hearing&open regular meeting:
COMMISSIONER PAINTER staled she's been thinking about the Jackson residents and in the
event they would use this storage that would be on Conservation or Public Use Lands. Currently
there's no one on the island that's willing to move the mobile homes. Someone come in from off
island may have to come in. It's going to be very costly- PAINTER also expressed concern about
Public Use Lands to take on the responsibility of storage because of liability and if something
happens the taxpayer's are responsible.There would need to be banding and contracts,and now
we've become a private entity.This should be for private business to take care of If they want to
allow it in the Business district.She feels it's not the Kodiak Island Borough's place to put it on the
public.For the Public Use Land she feels it's the wrong move.
COMMISSIONER PAINTER MOVED TO AMEND the motion to recommend the assembly of the
Kodiak island Borough approve the ordinance amending Chapter 17.50 KIBC (C-Conservation
District) to allow the temporary storage of mobile homes displaced under AS 34.03.225 to be
stored on sites zoned C-Conservation and to adopt the finding of fact in the July 3, 2015 staff
report as findings of fact for this code with the exception of#3-delete 'and Public Use Lands
zoning district."
During discussion the other commissioners were not In favor of the amendment.Brief discussion of
abandonment and lum-around time for the borough to take ownership of possible abandoned
mobile home.
Director Pederson slated part of the difficulty is the State stopped the tilling process for mobile
homes;they're done by bill of sale now., It was mentioned that the Borough Risk Manager Is fairly
conservative in these matters. He's sure there will be a discussion about bonding, Insurance, and
security.
FINDINGS OF FACT
1.The announced closure of Jackson's Mobile Home Park will force mobile home owners in the
park to relocate their homes. Since there are limited locations for displaced mobile homes to
relocate to,there may be a need for temporary storage of mobile homes until the owners are
able to secure a permanent location.
2.There is a lack of readily available land that Is designated for any new mobile home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning districts. The
zoning code amendments will now allow the temporary storage of displaced mobile homes in
the C-Conservation and PL-Public Use Lands zoning districts.
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent with
Comprehensive Plan Goals and Polices related to affordable housing.
5.The Planning and Zoning Commission recommends approval of the code amendments.
ROLL CALL VOTE ON M077ON TO AMEND FAILED 6-1. The noes were Commissioners
Baldwin,Schmitt,Dmbek,Arndt,Spalinger,and Crow. They aye was Commissioner Painter.
ROLL CALL VOTE ON MAIN MOTION CARRIED 6-1. The ayes were Commissioners Baldwin,
Schmitt,Drabek,Arndt,Spolinger,and Crow. The no was Commissioner Painter.
7/15/2015 Page 2 of 2 P&Z Minutes
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 36 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING I 7•A AND 7-B
P 6 Z SPECIAL MEETING:JULY a,2015
Kodiak Island Borough
Community d t Depairtment
710 Mill Bay Road
Kodiak,Alaska 99615
;F Phone(907)466-9363 Fax(907)4136-9396
www.kadiakak.us
u 3, 015
To: Planning and Zoning
d e , gyp- .
From:
Report and Recommendations fjuf8,20 Special um Hearing Code
Issues Changes Addressing MoW Home
At their July 1st work session, the Commission scheduled special public hearing for
July 8th to expedite consideration of the first three changes to oro Code related
mobile home issues resulting from the announced closure of Jacksons Mobile Home
Park.Those code chapters are:
Chapter 17.14 t Nonconforming s and Structures;
Chapter 17.13 I Public Use Lands District;and
Chapter 17.50 KIBC—Consarvaflon District.
This information in this memo and the tt ch a is should be considered as building
the background Information previously distributed tote Commission on June th and
e packet materials for the July 1st special work session.
Chapter 17.1 40-Nonconforming La ses and Structures
As discussed in the June 4th staff memo,oneimpediment to relocating mo i es
from Jacksons to other existing mobile home parks is the status of those parks(except
as u n's)as" ran fathe "(i.e.,legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requiremen of the zoning
code that addresses this issue.The proposed code changes Include e clarifying
language discussed at the July 1`1 special work session.If adopted,mobile homes
displaced from obile home parks as a result of a change of land use could be
relocated to other existing obi a parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e.,separation of
structures)In case of fire.
Chapter 17.13 -Temporary storage of obiB homes In zoning district
The June 41h staff memo to P&Z noted that outdoor storage Is currently allowed in four
zoning istricts(B—Business, - etail Business,I-n ustrial,and I-Li ght Industrial)
and that there has been discussion about permitting temporary storage on u licl
Amwulments to KIBC.Chaplen 17 140,17.50 ard 17.130
Ordinance i ii e 17 Zoning, Chapter 1 ... Page 37 of
AGENDA ITEM #9.A.
PUBLIC HEARING IT 7-A AND 7.8
P&Z SPECIAL MEEnNG JULY 8.2015
owned land,Most Borough owned land around to is zoned PIL-Public Lands.Other
Borough parcels are zoned Natural Use,Watershed,Conservation, Industrial,or R-2.
During the July 151,special work session,there was discussion regarding temporary
storage of mobile homes In the C-Conservation zoning district,in addition to the PIL
zoning district.This provision has been added to the ordinance for your public hearing
on July EP.If adopted,mobile homes could be stored in the C and PIL zoning districts
subject to any conditions Imposed by the underlying property owner,such as length of
time,Insurance,security,screening,etc.The code changes also include a sunset
provision that allows temporary storage until December 31,2018.
Applicable Regulations
KIBC 17.205.010 Authodtv
Whenever the public necessity,convenience,general welfare or good zoning practice
requires.the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by law,amend,supplement,modify.repeal or otherwise
change there regulations and the boundaries of the districts.
KIBC 17.205.020 Reg2rt from planning and Zonigg gc
gpiMission,
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner In is such change is initiated and such report
shall find:
A.Findings as to need and justification for a change or amendments;
B.Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan;and
C.Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing deternfinaWn.
The assembly shall consider an application arc ission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this title,and the report of the commission at its next regular meeting after
receipt of such report.If,from the facts presented and by the findings of the report of the
commission,it is determined that the public necessity,convenience,general welfare
and good zoning practice requires theca a or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment,supplement,change or
class tie .
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Mofions&Findings of Fact
1)Chapter 17.140 KI BC
Arnoximants to KIBC Chaptem 17 140,17.50,md 17 130
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AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7-A AND 7-B
P&Z SPECIAL MEnNG JULY 8,2015
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17.140 141(Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS X01225 to relocate within existing nonconfbrming
Mobile Home Parks, and to adopt the finding of fact in the July 3, 2015 staff report as
findings of fact for this code amendment.
Etdlnqs of F@ct
1.The amendments to Chapter 17.144 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2. All but one of other mobile home parks In Kodiak are nonconforming land uses
and several have existing spaces that could be occupied If the nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
1 The amendments to Chapter 17.140 are consistent with the Comprehensive Plan
Goals and Polices related to housing ands pecifi cally,affordable housing.
4.The Planning and Zoning Commission recommends approval of the amendments
to Chapter 117A40 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapters 17,50 KIBC (C-Conservation District) and 17.130 141 (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites on C-Conservallon and PL-Public Use Lands, and
to adopt the finding of fact in the July 3,2015 staff report as findings of fact for this code
amendment.
Findings of Fact
1. The announced closure of Jackson's Mobile Home Park WWII force mobile home
owners in the park to relocate their homes. in there are limited locations for
displaced mobile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. Currently, outdoor storage Is only allowed in the business and Industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes In the C- Conservation and PL-Public Use Lands zoning
districts.
3. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Is and Polices related to affordable housing.
Ain Is to rjRC Chopm 17.1+0„17 50 and 17 130
Ordinance No. FY2016-03 Amending Title 1 7 Zoning, Chapter 17... Page 39 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7-A AND 7•8
P d Z SPECIAL MEETING"JULY B,2015
4. The Planning and Zoning Commission recommends approval of the code
amendments.
Amendments to FJBC Chapters 17 140.17.50,aid 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 40 of 237
AGENDA ITEM #9.A.
II HEARING ITEM 7-A AND 7-
P&Z SPECIAL MEETING:JULY 6,2015
In Name
Reque4led by h
1
2 Drefied bye CDD
Introduced: 15
3 Pubk Headog:
4 Adopted.
5 KODIAK ISLAND
ACE NO. FY2016-XX
7
ORDINANCE 8 AN THE ASSEMBLY OF THE KODIAK ISLAND
9 AMENDING CHAPTERS 17.5 (C-C E )AND 17.13 I C L�PUBLIC
10 USE LANDS DISTRICT)TO ALLOW THE TEMPORARY STORAGE IL
I I HOMES DISPLACED 34.03.225 7 SITES ZONED
C-
12 CONSERVATION L®PUBLIC;
13 I�I�i
14 E a second class h, they la i IIsland Borough ex ideas
15 planning, atting, and land useregulations o - n'area ,basis pursuant to Chapter
16 29.40 Alaska Statutes;and �
f
1S WHEREAS, In accordance with AS 29,40I'j�ha Kodiak Island Eo�Iy�l lh adopted the 2009
19 Comprehensive Flan update on December 6'e 2007(Crdi Ica Igo.FY 9 10)to replace
20 the 1969 Comprehensive Plan:and
21
I
22 WHEREAS, The Kodiak lslandi Borough has a pled II Title 17 (Zoning) In
23 accordance ith AS 29.40 to implement the Kodiak Is6rid I Borough Comprehensive Plan„
24 a
25 �,I � U, I
26 WHEREAS, l CJ��i7,2 �`Da10 pro vi s ltd t, anew Irl', t public necessity,
27 convenience, general v lfar�l ot good ai�1e�gil�E etir (requires, the assembly may. by
28 ordinance and after re�aort lherecara by tha commission and public hearing as required by
29 laws, amend, supple
mail
repeal car o a Ise change these regulations and the
30 boundaries the districts),a
31 ,
32 WH S, The recent announced I n3 a ackscn's Mobile Home Park pursuant to
33 AS 09.225{a){4)wilj�result
II,
33 100lamlldes being forced to relocate;and
34 all �I1 hr Il u� f I�
35 any of they rn ile hones irI quest) may not able to moved due to
37 age'structlal condition,Or�mWiticalicns Over time;and
lH�ll
38 WHEREAS, Fleet publila ments noted that some mobile home owners may need a
39 temporary location tot tom their mobile homes until a permanent location is found;and
40
41 WHEREAS, There a! be space available on C-Conservalion zoned land or publicly
42 Owned land that is zoned Il Public Use Lands to accommodate temporary storage of
43 mobile homes If the C or PL zoning regulations permitted such storage;and
4
45 ® a Borough sir to lax the regulatory requirements t® it mobile
4 homes displaced pursuant to AS 34 03.225 to be temporarily stored in the C and PL
47 zoning districts;and
48
WHEREAS, The public necessity and general welfare of the community may be better
50 served by amending the code to allow temporary storage of mobile homes rather than
1 requiring strict adherence to existing zoning requirements for storage;and
2
iak Island BomughA&il to III chmptars 17140,17 50,arid 17130 OrdInarl No.FY2016-XX 1 or
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 41 of 237
AGENDA ITEM N.A.
PUBLJC:HEARING ITEM 7-A AND 7-8
P 11 Z SPECIAL MEEnNG:JULY 6,2015
53 WHEREAS, The amendments to Chapters 17.50(C—Consmation District)and 17.130
54 KI (PL—Public Use Lands)of Title 17 will accomplish the stated public need,and
55
56 WHEREAS,The Planning and Zoning Commission hold a special work session to review
57 the proposed changes to Chapters 17.50 and 17.130 KI on July 1,2015;and
58
59 WHEREAS, The Planning and Zoning Commission set aside time for public input and
60 discussion at the work session;and
61
62 WHEREAS, The Planning and Zoning Commission held a special public hearing on July
63 8, 2015 and a public hearing on July 115, 2015 and following the July 15. 2015 public
64 hearing, voted to transmit it recommendations for revisions to Chapters 17.50 and
65 17.130 KIBC to the Borough Assembly;and
66
67 WHEREAS, As part of their recommendation to adopt the revisions to Chapters 17.5D
68 and 17.130 KIBC,the Planning and Zoning Commission adopted Findings of Fact,which
69 are attached hereto as Exhibit B-,and
70
71 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
72 BOROUGH that
73
74 Section 1: This ordinance Is of a general and permanent nature and shall become a
75 part of the Kodiak Island Borough Code of Ordinances;
76
77 Section 2: The amendments to Chapters 17.50 and 17.130 KIBC are alts ad as
79 Exhibit A.
79
80 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
at THIS DAY OF 2015
82
03
84 KODIAK ISLAND BOROUGH
85
86
87
88 Jorrol Friend,Borough Mayor
89
90 ATTEST
91
92
93
94 Nova M,Javier,MMC,Borough Clark
95
96
Kodiak Island BoroughANad%ms to risc chaptem 17 140,17 50.and 17 130 Ord,nanre No FY2016-XX
Page 2 of 2
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 42 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING ITEM 7-A AND 7-0
P A Z SPECIAL MEETING:JULY a,2016
Chapter 17.50
C—CONSERVA71ON DISTRICT
Sections-
17.50.010 Description and Intent.
17.50.020 Permitted principal uses and structures.
1730.030 Permitted accessory uses and structures,
1750.040 Conditional uses.
17,50,045 TeMRggry Ujtl§
17.0.050 Area requirements.
17.50.OM Maximum lot coverage for structures.
27Z0470 Building height UmIL
17.50.080 Setbacks from property lines.
17.50.090 Special district regulations.
17.50.200 Fences,parking,and signs.
17.50,110 Pion ctmformides,
17.50,010 Description and Intent.
The C conservation zoning district Is established for the purpose of maintaining open space areas while
providing for single-family residential,and limited commercial land uses.For the conservation district,in
promoting the general pu"ses of this title,the specific intentions of this chapter area
A.To encourage the use of land for single-family residential and limited commercial purposes,
6.To encourage the continued use of land for open space areas;and
C.To encourage the discontinuance of existing uses that are not permitted under the provisions of this
chapter.{Repealed and reenacted by Ord.93-66 2®1993;Ord.84.57-0§1,1954,Ord.82-46.0§2®
1982.Formerly§17,23.010).
17.5OM20 Permitted principal uses and structures.
The following land uses and activities are permitted in the conservation district;
A.All of the permitted principal uses and structures In the NU natural use zoning district-,
8.Agricultural activities and related structures,including commercial livestock grazing-,with a written
conservation plan between the land owner or lease holder and the Kodiak soil and water conservation
district,In those areas historically established for livestock grazing consisting of the northeast portion of
Kodiak island east of a line drawn from Crag Point an Sharatin Bay to the mouth of Wild Creek In Ugak
Bay,and Including Chirikof Island and Sftkinak Island,
C Commercial fishing activities and related structures,including mariculture activities and related
structures,
D.Commercial guiding and/or outfitting activities(cg.,hunting,fishing,photography,etc.)and related
structures(e.g.,lodges)containing provisions for no more than six clients;
E,Parks;
F.Recreational activities(including recreational mining activities);
G.Single-family dwellings/recreational cabins and associated home occupations;
H.limber harvesting activities and transportation and utility facilities constructed in support of
permitted timber harvesting activities;
Amenftents to MBC Chaptus 17 140,17,50 ard 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 43 of 237
AGENDA ITEM #9.A.
PUBUC HEARING ITEM?-A AND 7-8
P&Z SPECIAL MEETING:JULY 0,2015
J.Churches;
L.Red arW breakksts,
K.Vacation homes;and
L Hoop houses,[Owd.FY2012.10§4,2012,Ord.FY2007.OB-0§5,2005;Ord.2001-Q5 93,2001;repealed
and reenacted by Ord.93-66§2,1993;Ord.86-27-0§3,1986,00,84.57-0§1,1984;Ord.62-46.0§2,
1982,Fonnedy§17.11020j.
17.0,030 Permitted accessory uses andstru cur es.
In addition to UIDSe uses and structures specincally Identified in KiIBC 17.50.020,the following accessary
uses and structures are permItIled when developed In support of penn1itted prMcipal uses,,
A.Docks,piers,water Intake facilities,poweer 5tructures,etc.,
B.Accessary residential buildings(e.g.,crew quarters In support of cornmercIal set-net Ming and lodge
operations,banyas,outhouses,etc.),
C-Storage and warehouse structures(c&,gear buildings,generator sheds,etc),and
D,"Fransportatlon and utility facilities(e.&,roads,p1peffines,communication facilities,etc-1 lbut Hot
airstdp&lRepealed and reenacted by Ord..93-66 52,1993„Ord,0457-0 U,1994;Ord.82-46-0§2,
1982.Funnedy§27,110101.
17.56.040 Conditional uses.
The foIllowino land uses and activities may be Mewed by obtaining a condkional use permit in
accordance 0th the provisions o1f Chapter 11200 KIBC-
A.Ali of the condiliGnal uses In the NU naturai use zoning district,
B..Afirstoip.r,
C..Cwnmerdal livestock grazing,excluding those areas historic0ly estabiished(ur livestock grazing,as
described In KIBC;17.50.021(6l ,where it is a perm kted use,
D.Lodges that have Iprrovido ns for Pnore than six clients,
E..LoggIing camps and Umber hantestIng support faciftes je,&,log transfeir faciftlesi,inc1ludft th-niber
products processing facilities,
IF,Nonrecreational mineral extraction activities and reiated structures;
G.Seafood processing facilities and related structuyes,and
H,Transpoilation arRi utility fad9lies,not otherwise permitted and not otherwise used in conjunction
with pemitted uses(e,&,roads,Ipipueiiines,communications facIfities,etr-p.JL-9r 2DOI-05 94,2001,
repealed and reenacted by Ord.93-66§2,1.993„Ord.04-57-0§:1,1904;Or&82.46-0§2,1982.Formedy
91'713.040]
117Z,50.045
�Tem = U%�es-
all-qw d i n thtAgIblic brLds disLn P uul rtt rrc val9l'thepro p rtz
jb,.i§h e
.djXthe A�o—en
Stoolim 0 mobile homes OMlaced b�rloj MqLg mobliie hornpRgrk p WIL jant to AS.34.03,225,
0.Th
is arovision snail sunset on December 31J018,
Am is ka FJBC Chaplem 17.140,:17 Se,aM 17.130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 44 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING IT 7-A AND 7-8
P A Z SPECML FAQ JULY a 2015
17.50,050 Area requirements.
A.Lot Area.The minimum lot area required Is five acres.
B.Lot Width.The minimum lot width required Is 2.50 feet.[Repealed and reenacted by Ord.93.66§2,
1993;Ord,84-57-0§1,19 ;Ord.52-46.0§2,1992.Formerly§17.23.0501,
27.50.060 Maximum lot coverage for structures.
The maximum lot coverage allowed by the total of all structures is five percent of the lot area,except
that on any W of record,structures may cover 2,000 square feet of the let or rive percent of the lot
area,whichever is greater.[Repealed and reenacted by Ord,93-66§2,1993;Ord.84-57-0§1,2984;
Ord,82-46-0 12,1982.Formerly§17.13.0601,
17.50.070 Building height limit.
The maximum building height allowed Is 35 feet for residential buildings and 50 feet for accessary
buildings.[Ord.9366§281 3.Formerly§17.13.070).
17.59.080 Setbacks from property lines.
A.Setbacks from Prop"Lines.
1.There is a required front yard setback of 25 feet except lots fronting on marine waters are exempt
from any front yard setback.
2.There Is a required side yard setback of 25 feet
3.There Is a required rear yard setback of 25 feet.
B.Setbacks from Anadromous Fish Water Bodies.
I.There Is a required setback(preventing clearing®rolling,excavation,or structural development)of 50
feet from the bank vegetation of anadromous fish water bodies that are specified pursuant to AS
16.05.870(a)and 5 AAC 95.010,except in the case of timber harvesting activities,whose required
setback will be regulated by AS 41.17.010 through 41.17.950,as amended,and the regulations enacted
thereunder.This provision shall not prevent removal In the setback area associated with a habitable
residential or recreational structure of,
a.Up to 50 percent of the trees;and
b.Other vegetation If a suitable ground cover(such as grass)is planted.
2.Water-dependent facilities,In stream development activities,and fording may be located closer than
50 feet,and In the water when permitted by the Alaska Department of Fish and Game under AS
1&05,0701b}and(d)and 5 AAC 95.700.'Water-dependent facilities'are defined as uses,activities or
structures which can be carried out only on,in or adjacent to water areas because the use,activity,or
structure requires access to the water body(e.g.,water Intake facilities,mim hydro projects,docks,
piers,and boat watching facilities,etc.).{Ord,93-65§2,1993.Formerly§17.13.08(l).
17.50-090 Special district regulatiam.
A.Conditional uses in this zoning district are required to conform to the general district regulations
unless the terms of the conditional use permit specify otherwise.
B.Approved conditional uses In this district shall conform to the following specific performance
standards:
Arnerximents to KISC Chaptm 17 140,17.50,wid 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 45 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING I 7-A AN 7.5
P&Z SPEC L E NC i JULY 0,2015
1.Conditional uses must minimize the Impact on the natural environment and preserve,to the extent
feasible and prudent,natural features.Specifically,to the extent feasible and prudent:
as Conditional uses in upland habitats roust retain natural vegetation coverage,natural drainage
patterns,prevent excessive runoff and erosion,and maintain surface water quality and natural
groundwater rec a a areas;and
b.Conditional Lases in estuaries,tieflats,and wetlands must maintain or assure neater flow,natural
circulation patterns,and adequate nutrient and oxygen levels,
Nothing in this provision shall require Improvement to the natural condition existing prior to
development.
2.Although a particular conditional use may constitute a minor change,the cumulative effect of
numerous piecemeal changes can result Ina major impairment of the environment.The particular site
for which a conditional use application is made will be evaluated with the recognition that it may be part
of a complete and interrelated environmental area.A conditional use shall be denied under this
provision only if the weight of credible scientific evidence shows that the proposed conditional use,
together with all other then-existing conditional uses In the area,will have a substantial adverse Impact
an the Interrelated environmental area if such conditional uses are operating In accordance with all
required state and federal rules and regulations.Consideration shall be iven to the mitigating effect of
not locating the conditional use in any other area and mitigation efforts,if any,which the proposed
conditional user may offer for this or any other environmental areas.[Ord, 3 2e 1991 Formerly
§17.13,0901,
17.SO.100 Fences,parking,and signs.
Fences,parking areas,and signs are permitted and unregulated when they are related to the use of the
property for a permitted and/or approved conditional use.[Ord.93 §2,1993.Formerly§17.13.1001.
17.50.110 Nonconrormitles.
A.On nonconforming lots of record any permitted principal uses and structures and any permitted
accessory asses and structures are allowed.
6.on nonconforming lots of record the commission may grant a conditional use permit for any use
listed In KI C 17.50.040.
C.Setbacks from property lines for nonconforming lots of one-half acre or less.
1.There is a required side yard and rear yard setback of 10 feet;and
2,There is a required front yard setback of 15 feet,except lots fronting on marine waters are exempt
from any front yard setback.
D.Nonconforming uses will be regulated by the general nonconformins use provisions of this title.
E.Nonconforming structures will be regulated by the general nonconforming structures provisions of
this title.[Ord.93-66§2,1993,Formerly 917.13.110).
Amendments to VJDC Chmpters 17 140,17,50„and 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, ter 17... Page 46 of 237
AGENDA ITEM #9.A.
PUBLIC HEARING IT 7-A AND 7•B
P Z SPECIAL MEETING:JULY 0,2015
Chapter 17.230
PL—PUBLIC USE LANDS DISTRICT
Sections:
17.130.010 Description and Intent.
17.130.020 Permitted uses,
17.130.030 Conditional uses.
17130,035 1itffl2qMMgM
17.130.040 Area requirements.
17.130.050 Yards.
17.130.060 Building height limit.
17.130.010 Description and Intent.
The PL public use lands zoning district Is established as a land use district for publicly owned land
containing recreational,educational and Institutional uses.For the pubfic lands district,In promoting the
general purposes of this title,the specific intentions of this chapter are:
A.To Identify lands owned by governments that are used for public purposes;
B.To prohibit residential,commercial and Industrial land uses a nd any other use of the land which
would Interfere with the development or continuation of public services In the district,and
C.To encourage the discontinuance of existing uses that are not permitted under this chapter.[Ord.83-
18.0§2,1983,Formerly§17.33.010].
17.130420 Permitted uses.
The following land uses are permitted In the public lands district subject to the approval of a detailed
site plan by the commission:
A.Cemeteries,
0.Community buildings and haliv,
CB Fire stations,
D.Gymnasiums-,
E.Hospitals;
F.Libraries,
G Museum%;
H.Nursing homes;
1.Offices for local,state and federal governments;
J.Open air theaters;
K.Pa S,playgrounds,Pia gilds,and open space;
L Recreation centers,
M.Sanitariums;
N.
hools®public and prWate;
0.Swimming pools;and
Amenftents to VJBC Oiapters 17140,17 50,,wW 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 47 of 237
AGENDA ITEM O.A.
PUBLIC HEARING ITEM 7-A AND 7-9
P IS Z SPECIAL MEETING:JULY 6,2015
K Utfty Installations.10rd.63-18-0 52,1983.Formedy§17.33.0201.
17.130.030 CondItlonal uses,
The fubwk%land uses may The allowed by obtairflng a condltlanal use Ilaerrmdt In accordance with the
provision.,of Chareir 17.200 MC:
X Airports-,
6.Corredional facilities,
C.Dormitories;
0.Governmental maintenance and service Mcffities and storage yards,
F.Naturall resource extraction;
F.Solid waste disposal shes,and
a Radio and television transmIRievs.110rd.,83-18-0 E2,1983.IFo rmerly 1173103%
U.130.03'STern r ,
Ao a Us L_qA
rh 1 H Mn,iar9 r ffl Ii
dt Uhl t�ta MAII.Qu Oro u—T22 art
y
owner and an P condhions.it Raft d to u h st raaa P-1h1khad hy w"
QLM
L.ThijLrMvH n LhMl sir n LQBV rembqr 31 1
LQ_
17.130.040 Area requiwernentss.
A.Lot Area,lnw roln1murn lot area required is 7,200 square feet,
B.ILot Width..The minimum lot wid0ii required Is 50 feet,[Ord,83-18-0§2,2983.Formerly§17.33VO�.
17.00.050 Yard&
A,Front Yard.The minImurn front yard required Is 25 reet.
B,S*Yard.,The rn'Wmum yard required an each sIde of a pvinclpal building is:10 percent OF the lot's
width lbut need not exceed 25 feek.The mWmum required side yard on the street side of a comer M Is
25 leaL
C Rear Yard,The mf6mum rear yard requIred 6 25 percent of the lot's depth but need not exceed 25
feet.10rd.83-1 B-0§2,19133.Formerly§17310501.
17.130.060 SuildIng he#ght Ilmit.
The maximum bulldIng height is 50 feet.JW 83-10.0 12,1983.Forinerly§17.33,06%
Amendmenla to KABC Chi 17 140,17.50,mW 17 130
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 48 of 237
AGENDA !TEAR #9.A.
Kodiak Island Borough
Planning & Zoning Commission
Draft Minutes Applicable to KIB Ordinance No. FY2016-03
July 8,2015 Special Meeting 8 30 p.m.-Assembly Chambers
CALL TO ORDER
COMMISSIONER ARNDT called 10 order the July 8, 2015 special meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance.
ROLL CALL
Requested to be excused was Kathy Drabek.
Commissioners present were Jay Baldwin,Alan Schmitt,Maria Painter,Scott Arndt,Greg
Spalinger,and Kyle Crow.Excused was Kathy Drabek.
A quorum was established.
COMMISSIONER BALDWIN MOVED to excuse Kathy Drabek.
Community Development Department staff present was Director Bob Pederson„Jack Maker,,and
Sheila Smith,
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 8, 2015 Planning & Zoning
Commission special meeting agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
Limited to 3 minutes per speaker.Local number.486-3231.Toll Free number.855-492-9202
B) Case. Amending KIBC Chapters 17.50 (C-Conservation District) and 17.130 (PL-Public
Use Lands).Request an ordinance amending Chapters 17.50 KIBC(C-Conservation District)
and 17.130 KIBC (PL-Public Use Lands) to allow the temporary storage of mobile homes
displaced under AS 34.03.225 to be stored on sites zoned C-Conservation and PL-Public
Use Lands (KIBC 17.205.040).The applicant Is the Kodiak Island Borough and the agent Is
the Community Development Department. The location Is Borough wide and the zoning Is
C-Conservation and PL-Public Use Lands.
Director Pederson stated as we discussed last week we added the Conservation district Chapter
17.50 for public hearing to allow the temporary storage In the same manner as proposed for
Chapter 17.130 Public Use Lands district.The wording Is the same in both of those and we have
the sunset provision December 13, 2018 to match the sunset provision in the amendments to
17.140.
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapters 17.50 KIBC(C-Conservation District)and 17.130 KIBC
(PL-Public Use Lands) to allow the temporary storage of mobile homes displaced under AS
3403.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands,and to adopt the
findings of fact in the July 3,2015 staff report as findings of fact for this code amendment.
7/8/2015 P&Z Minutes Pagel of 2
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 49 of 237
AGENDA ITEM O.A.
Close regular meeting&open public hearing:
Judi Kidder stated at the last special work session Miss Painter brought up an issue about
deterioration of the trailers in storage and one Idea is to shrink wrap them tike they do to the boats
for weatherizalion and it would also secure them from vandalism. The subject of abandonment
came up.. We are in the process of forming Kodiak Mobile Home Owner's Association where we
could qualify for a loan for a new park. If this all goes forward and then the Mobile Home Owner's
Association would ask that those trailers that were abandoned by owners by default become the
property of the Mobile Home Owner's Association so we could move them into a park to either rent
out or sell them to offset the cost of utilities which would provide families homes. She does feel
there should be conditions imposed for storage so It's not open ended and it's a finite thing.
Close public hearing&open regular meeting:
COMMISSIONER SCHMITT MOVED to postpone to the July 15,2015 regular meeting agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
7/9/2015 P&Z Minutes Page 2 of 2
Ordinance No. FY2016-03 Amending Title 17 zoning, Chapter 17... Page 50 of 237
AGENDA ITEM O.A.
Kodiak Island Borough
Planning and Zoning Commission Special Work
Session
Wednesday, July 1, 2015, 6:30 p.m., KIB CONFERENCE ROOM
special Work Sessions are informal meetings of the Plamurq and Zoning Commission for discussion items Although
addrwnal items not listed on the special work session agenda may be discussed when introduced by the Chair
Commissioners,.or staff no formal action is taken at special work sessions hens that require formal Commission action
are placed on the Plarwng and Zoning Commission regular meeting agenda.Citizen comments at special work sessions
are NOT con idered part al the oRical m=d Citizen comments intended for the"official moDa'should be made al a
Planning and Zdrwng Commission regular meeting.Citizen comments wiW'..not be allowed regarding rases which are
scheduled for public heating
Page
1. CALL TO ORDER
2. ROLL CALL
3. CITIZEN COMMENTS
Items not scheduled for Public Hearing.Limited to three minutes per speaker
4. ITEMS FOR DISCUSSION
Mobile Home Park Code Discussions
2-9 a. Chapter 17.140 KIBC Existing Nonconforming Uses and Structures
If'"�is8un Non-Confonr�io� uJses and Slirura::6a�res. cif
10-13 b. Chapter 17.130 KIBC Public Use Lands District
POOP c I„Use Lathrl*nri
14-150 C. Chapter 17.115 KIBC Mobile Home Parks
Mobil I torn(-Pafik,r„.. JP
1.Upj.ugj
5. REPORTS
a. Meeting Schedule:
• July 8,2015 Work Session-6:30 p.m-KIB Conference Room
• July 15,2015 Regular Meeting-6:30 p.m.-Assembly Chambers
6. STAFF COMMENTS
7. COMMISSIONER COMMENTS
8. ADJOURNMENT
Page 1 of 150
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter- 17... Page 51 of 237
AGENDA ITEM O.A.
AGENDA ITEM .a.
Kodiak Island Borough
Community Development Department
" 710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)488-9383 Fax(907)486-9396
www.kodiakak.us
June24,2015
To. Planning and Zoning CaTimission
From:Robert H.Pederson,AICP-R
RE: July 1,2015 Special changes Regarding Mobile Harm Parks
At their June 1 i"' work session, the Assembly directed the Commission to expedite
consideration of three changes to Borough Code related to mobile home parks.Those
code chapters are:
Chapter 17,140 KIBC—Nonconforming Uses and St u
Chapter 17130 KIBC—Public Use Lands District;and
Chapter 17115 KIBC,„-Mobile Horne Parks.
This information in this memo and the attachments should be considered as building on
the background information distributed to the Commission on June 40',
Staff also notes that the owner of Rasm n's mobile home park has now filed a
conditional use permit application to expand the parts to add 29 now bile home
spews.The two expansion areas are adjacent to the existing park and were shown on
the maps in the June 4'information packet.It is also our understanding that the sale of
Clark mobile home park has now closed,
Chapter 17.1 -Nonconforming Land Uses and Structures
As discussed in the June 4n'staff memo,one Impediment to relocating mobile homes
from Jack sons to other existing mobile home parks is the status of those parks(except
smussen's)as'grandfatho '(143,legal nonconf Ing)land uses.
The June 4e packet contained a proposed amendment to the nonconforming
requirements that would address this issue and permit units to be re ted under
certain conditions.The draft ordinance and proposed code changes are attached for
review and discussion at the special work session.
Chapter 17.130-Temporary storage of mobile homes in the PIL zoning district
The June 4x'staff memo noted that outdoor storage is currently alkywed in four zoning
districts(B-Business,R -Retail Business,I-Industrial,and LI-Light Industrial)and that
there has been discussion about permitting temporary storage on publicly owned land.
Most Borough owned land around town is zoned PL-Public Lards.other Borough
parcels are zoned Natural Use,Watershed,Conwirvation,Industrial,or R-2.
Page 2 0(150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur...
Ordinance o. FY2016-03 Amending it 17 Zoning, Chapter 17... Page 52 of 237
AGENDA ITEM #9.A.
AGENDA ITEM#4.a.
The draft ordinance creates a section permitting temporary storage of displaced mobile
homes In the PL zoning district.Other zoning districts may be considered as well.
As drafted,temporary storage would be allowed subject to any conditions established
by the underlying property owner,such as length of time,Insurance,security,screening,
etc
Chap tar 17.115-Mobile Home Parks
A copy of this chapter of code is attached for P&Z dVscussion of possible changes
Next Steps
Staff recommends that the Commission make any changes they deem necessary to the
17 140 and 17 130 amendments and schedule those amendments for a special public
hear on July 8 Changes to 17 115 will likely require additional discussion at your
July B?Rwork session and a hearing schedule determined at that time.
Page 3 of 150
Chapter 17-140 KIBC Existing Nonconforming Uses and Structur.
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 53 of 237
AGENDA ITEM #9.A.
AGENDA ITEM#4.b.
IN"Iduoixg kr- Harm
Raq hmlwl by� coo
TMAHed br,, ir,
IrODducod, ==2015
Map
=wing�
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO, FY2915-XX
7
8 AN f.)RIMNANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 AMPENDRIG CHAPTER 17.130 KIBC(PL-PUBLIC USE LANDS DISTRICT)TO ALLOW
10 THE TEMPORARY STORAGE OF MOBILE HOMES DISPLACED UNDER AS 34.03.225
I I TO BE STORED ON SITES ZONED PL-PUBLIC USE LANDS
1:11 WHEREAS, As a second class Borough, the I4ad ak Island Borough etreirdses
14 p anning, plsnhrqj,and land use regulations on an area Wide basis pursuant to Chapter
I5 29 40 Akiski Slatttrles,,and
IWW
7 WHEREAS, IIn accordance with AS 29,40,the KodNak Island Borpugh adopted the 2008
8 C::ornprahanshoe PWrl utxkQiiii.,on Decernbiar 16,2U)7(Ordmance No,,F�Y200B-1 3)to replIsce
19 she'1968 C,wnpm:0iermhPo f::`Ian;;and
20
!21 WHEREAS,, the KAXIi2k $dafid Borough has adaptwil KIBC Tiitfe 17 (:Zonlng) h-;i
!72 amardwow0h AS 29An tahnple rnA(tm Koift1k Wand Marough Man„
23 and
24
25 WHEREAS, KIBC 17.205.0-10 pirmWes Riat Whaneirar Pic puibft ner=w1y,
26 corrixeWenw, genera Ivrflfaro or good,wnrng pracke,requo'"s, the asswnWy may', by
27 vdinwice pry.1 Iner roport thereon by the couwiw�hslon arid pubrc hsiaMg w.required by
29 lave� ammut'supg4ement moiVy, rppeM or othermse, rhangethese regitAalk-ots and Cho
29 butpridarics of Oro distrids;'and
30
WHFRFAS,
32 AS 34 0.1-1225(a)(4)y6it Fowl k neady TOO lanOvs beiuV;komW to r0oi:die,and
34 UPWREAS, Niany of the rpobRe homes In ques6ofurney not W aligis to be moved due lo
35 age,:,stwetarM conddUon,or modfficetkma f.wer binie:and
36
37 WHEREARdI!,"p, Riewrit puNw.commenls noted asst some maWo home i:-wriers may need�Ei[
38 tompnrwy ToaMon k)!i,,1ore lh&mobile rwwnos kinttl a porrivianeril tov,§Wn Wfowwlh amt
39
411 WHEREAkS, 'There may be space ava3aMe inn puffdy vivried lli:llnd INat W zoned
41 Pubffe IJmC LWA3 to accommodate ternparaq storage 0 mchJs hipmos R the
42 regri4itons parafted suchslh:wegoll and
43
44 CAPHEREAS, 'The Svough 4esln,,r,,:1 to rn4aix tkie Feguiatory requkenients lo P.A.nnft inob ile
4S hmrnea diizl-,�4ued loursuant le A:S � ,03,2'2 a tio he tomporaft steied M 1he Pt.
46 cfirftk:l"„and
"I'l
48 WHEREAS, 'The pubbe necvssltv wvJ gene:raC woffiare of The rarnrnuratily May be helfer
49 senrod by amendkv,
..I 11he q.,,-;ode to iii[How lemporary•tarage of muN4 homes rather than
5j) sidifterem.*to exiistlinq row,0iiq and
..............
Kadwk idam.l 111'umuoh,kaitkit OrdirwArweNa rY2.0V5-XX
................................................................................................................................................................................................................................................................................................................. ...................................................... ID'age I of 2 1
Page'1100150
Chap,Wilr 17130 KIBC Pubk I.se I.milds District
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 54 of 237
AGENDA ITEM #9.A.
AGENDA ITEM#4.b.
,52 WHEREAS, The amendments to Chapter 17 130 KIBC(PL—PublIlc Use Lands)afT,,Ve
53 17 will accomplish the stated public need,and
54
55 WHEREAS, The PlannIng and Zoning Commission hold XX work sessions o r s pecial
56 meetings to review the proposed changes to Chapter 17,148 KIBC on July S.2015 and
511 July 15,213115,;and
58
,59 WHEREAS, The Planning and Zoning Corrunwiiain iwA aside I me for public input end
60, discliflssllrgi at each vmtk snsskm,ami
6 I
62 WHEREAS, The Planning and Zoning Conwrission hold a public h@gnng on July 15,
0 !2015 and f6ill,irMng the July 15, 2015 pultAig; (treating, voted to transmit their
64 rerAirnmenclations Vorrovisions to Chap4or 1"7.140 KIRC'to the ilwci lhi AssemWy,and
65
66 WHEREAS, As part ot ih6i, to adopt the riumisinns to Chapter 17 130
6"? KIIIE111C the Mainnfing andi Zoning Coirriirnilssliari idialpied Fir6irVa of Fairl,which are altachjM
(j!8 hereto a'rr,EXhilltxl 8;and
619'
701 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
'7'1 BOROUGH that,
72
7:1 Section V ThIs ort4ninion ills ot a ganar.41 airxf ixiivianient inaluire agul!uhag became a
74 part of ifte KG&ik IIsIlaanrl Barough rude of tlDrdiinraana»r ff,
`75
76 SecUrin 2, 7 he aimpir7dinel"15 to C'Imcl)Ter 117 E30 KIBC are attachwi an ExNbft A
77
79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
79' THIS DAY OF 2015
80
81
82 KODIAK 1116 LMID BQRDIJGt t
83
H4
86 Jermill Friend i3airowalh IManyor
a'?
83 ATTEST,
89
All
............................................. ........... .................................................................................................
'92 Nova M,Jawtor, M11AC,Doi olugh C Wirk
93
9`1 —11-- I'll""I'll",'ll""I'll"'ll""I'll""I'll",,�.11,111,111,111,111,11'll""I'll'.11,11111-'ll-,�"- -� . ...............
Knd61jk isMillull thmmigilh Allasktl OwffinmunwilJo F)120101 lii
Page 11 of 150
Chapter 17,1 KIBC Public Use Lands District
Ordinance No. FY2016-03 Amending it 17 Zoning, Chapter 17... Page 55 of 237
AGENDA ITEM #9.A.
AGENDA ITEM#4.b.
Chimilirter 17.130
PIL III USE LANDS vxsrR10'M1
k"01101riv
d."7 2310 0111) Beicidipfloirsand Iliallipinill,,
!L T 230.0,210 Perrmidisled ml
7,130,040 Avon
1733000 Vaii1ft,
I T 1111050 Bluilidling lhic;&l 1111livillill,
17,13111)0301 DewdipUlmini^Dun,id hinteint,
The III IlWuullmgili 1c U154t,EjfnnIs manning dilviRiOuR ills,lestabh5hied as,a Illamnd iiute dMirka W pubIlicIly w6vinved 11jind
Exinliallwillwilig irricipealleiriat,Plid0c,1111113111,10 and hvutl'vj+Isw'Wilqljl U&ql ria,the I Cards distirlick,Illlrm hlllawn
givineW puripmem air thills flikIlle,than ppeclific lviller&ins usif thilis rhialpileir wmul
A To IdenitlIFy fainds CoNinedby we used lair,pubillilicr puripwas;
TO RIMIrmuralgir 11111he iirlillslrNrilim,lillirlvuyflwice oll c4olling uses that all R rillit,peirlivt1laplij I thilis dhipirer,111(hrid,83-
liml.o"1 119181 Fonnilrdly 517,33 0101,
V7,130,0201 Peirmilluled uslas
I he foilillwollinip,lasivil oa ses I petirrikked Ilri Vie pubilk larlds milli trk'.1 pijbgect'Ilia the a plipirtmitill of a delailiJed
I R1110vt kq Ir rairrIFIMSS1011n,
,A ceinllevvinles�:
B.Ujimmunhly buMfivilp ourliidlhiOlsw
I Flue slilimlillijini;
I Gynnivilaslurns;
L HIvll511G!1lvj1:l;;
F,Ulbm,Hes;
ViAseuiins�
w.IlhOoiuumaililnpp hdlnnels�V
011fices 11xv 11i III,&tat a rAlud liwiprW HDYIVAVIIN I[III Qlqw9k%"
Diviniunk llvieaitavvt„
K P,aukj,p1IjVj&vqAinjj:s,pillwAyfiellids,and I Spair;
L,Rourawion cenTers,,
5anikaiNitinns;
Schmmift,IlpuullmVllic al"Id plvll'qate�
rMeft-vind
Page 12 of 150
Chapter 17.130 KIBC Public Use Lands District
Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17... Page 56 of 237
AGENDA ITEM #9.A.
AGENDA ITEM#4.b.
III, Wfli!M binstaflatI1011115.lir)W,81-11110!i2j,J9613,ForrviviflI11%§17 313 021111
17.13(11,113EII ulm,4,
11're tollImAdris 111011IR11 Irses I Ilvuw all:11owed by obtal[irklig;iii vxnOftn✓ll%iisc piI In arcoirdairwe wIltl I
primisains W(1311101air 172011 KIIIRIC�
A.Allrjjjwirts:n
113.Coo IcIV1114110101111 N[CMUII,15p
Dninirltork!%
niia11nt9flAiP1E:i!!indIseiryke tll«rlriiuttiles,irrid sh:inige Vaiirch
F SiAlId wilista dkposnll&14m and
G ftaii:fib N1111n:11 j11fl1jv11$i1giIj tran$rn;1tjeRj;,lt)id, J2, III crmvirllryy of 37,33 11)30,
awmr M W imimm!t$v:!M!5W MtkMMIRS
I.Alanaslf hmig;;wt iwlmmm!9A 1921225.
11,430.04 0 Area req ufli[ernvintj.
fu Ill rum Alq-a 11rhe iriijroI6Ijmijiiin Mitt.apaa unG,gv41 rp4j IIT,7,21Wpliiiare Neil
HI.I[ipt W,1a1&h.11`hg� ci!Tdinnunq,lat yvh:11j1h riRi:pdred Is 601 fiwk.lQrd.B13 13-0 5].19013 foriinerly§17 3),tl4ol
A.front Yard.The minimum front yard required is 25 fact.
6,Side Yard The minimum yard reclused an each side of a prindpat building Is 10 percerl[i qj liI$p jjrwq S
width but need not exceed 25 1 The minimum req,idred side yard on the street side�of a amier kiii;11'ii
25 feet.
C,Rear Yard,The mlwmum rear yard required Is 25 percent of the III depth but need rio cxppjtejl 2!5
feet iOrd
17.130.060 building height limit.
The maximum bu0cliviij helght ut,50 fm,[Ord B3.1 • §2,19B3 FaJrMejjrly§1113 016011
Page 13 of 150
Chapter 17„i KIBC Public Use Lands District
Ordinance No. FY2016-03 Amending Title 1 7 Zoning, Chapter 1 7... Page 57 of 237
AGENDA ITEM #9A
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
a r
AUGUST B 2015
ASSEMBLY SPECIAL MEETING
TITLE: Ordinance No. FY2016-04 Amending Title 17 Zoning,Chapter 17.140 Existing
Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under
As 34..03.225 To Relocate Within Existing Nonconforming Mobile Home Parks.
ORIGINATOR: Jack Maker
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
The announced closure of Jackson's Mobile Home Park will force mobile home owners in the
park to relocate their homes. New permanent locations for those displaced mobile homes are
currently limited.All but one of other mobile home parks in Kodiak are nonconforming land
uses and several have existing spaces that could be occupied if the nonconforming standards
of the code did not prohibit expanding nonconforming land uses.These zoning code
amendments will eliminate the regulatory hurdle that currently prevents mobile homes
displaced from Jackson's Mobile Home Park to relocate to other existing mobile home parks.
The Planning and zoning Commission held a public hearing on these amendments at a
special meeting on July&,2015 and a second public hearing at a regular meeting on July 15,
2015. Following the July 15,2015 public hearing,the Commission voted unanamously to
recommend that the Assembly approve an ordinance amending KIBC Title 17 Zoning,
Chapter 17.140 Existing Nonconforming Uses and Structures to allow mobile homes
displaced under AS 34.03.225 to relocate within existing nonconforming Mobile Home Parks.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-04.
Kodiak Island Borough
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 58 of 237
AGENDA ITEM #9.B.
Introduced by7 Borough Assembly
1 Requested by; Borough Assembly!
2 Drafted by Community Development l Department
3 Introduced: 07!302075
4 Public Hearing: oatca,8015
5 Adopted.
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2016-04
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
10 BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF
11 ORDINANCES TITLE 17 ZONING, CHAPTER 17.140 EXISTING
12 NONCONFORMING USES AND STRUCTURES TO ALLOW MOBILE
13 HOMES DISPLACED UNDER ALASKA STATUTES 34.03.225 TO
14 RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME
I5 PARKS
16
17 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises
18 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
19 29.40 Alaska Statutes;and
20
21 WHEREAS, in accordance with AS 29.40,the Borough adopted Ordinance No.FY2008-
22 10 Kodiak Island Borough 2008 Comprehensive Plan Update on December 6, 2007
23 replacing the 1968 Comprehensive Plan;and
24
25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 Zoning in accordance
26 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan;and
27
28 WHEREAS, KIBC 17.205.010 provides that 'Whenever the public necessity,
29 convenience, general welfare or good zoning practice requires, the assembly may, by
30 ordinance and after report thereon by the commission and public hearing as required by
31 law, amend, supplement, modify, repeal or otherwise change these regulations and the
32 boundaries of the districts;and
33
34 WHEREAS, the recent announced closure of Jackson's Mobile Home Park pursuant to
35 AS 34.03.225(x)(4)will result in nearly 100 families being forced to relocate;and
36
37 WHEREAS, many of the mobile homes In question may not be able to be moved due to
38 age,structural condition,or modifications over time;and
39
40 WHEREAS, no other existing mobile homes parks in Kodiak currently have approval for
41 additional spares to be added to those parks;and
42
43 WHEREAS, most existing mobile home parks are nonconforming land uses and
44 expansion of nonconforming land uses is not permitted under KIBC Chapter 17,140
45 Existing Nonconibrming uses and Structures;and
Kodiak Island Borough,Alaska Ordinance No FY2016-04
Pagel of 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 59 of 237
AGENDA ITEM O.B.
46 WHEREAS, there may be space available in existing nonconforming mobile home parks
47 to accommodate additional mobile homes if the zoning regulations permitted such
48 expansion;and
49
50 WHEREAS, the Borough desires to relax the regulatory requirements to permit mobile
51 homes displaced pursuant to AS 34.03.225 to relocate to existing mobile home parks;and
52
53 WHEREAS, the Borough recognizes that in doing so, certain zoning standards for
54 mobile home parks(will or may not be met);:and
55
56 WHEREAS, the public necessity and general welfare of the community may be better
57 served by amending the code to allow mobile homes to be relocated rather than requiring
58 strict adherence to existing zoning requirements for mobile home parks;and
59
60 WHEREAS, amending KIBC Chapter Title 17 Zoning, 17.140 Existing Nonconforming
61 Uses and Structures will accomplish the stated public need;and
62
63 WHEREAS, the Planning and Zoning Commission held a special work session to review
64 the proposed changes to KIBC Chapter 17-140 on July 1,2015;and
65
66 WHEREAS, the Commission set aside time for public input and discussion at the work
67 session;and
68
69 WHEREAS, the Commission held a public hearing at a special meeting on July 8,2015
70 and a second public hearing at a regular meeting on July 15,2015 and following the July
71 15, 2015 public hearing, voted to transmit its recommendations for revisions to KIBC
72 Chapter 17,140 to the Borough Assembly;and
73
74 WHEREAS, as part of Its recommendation to adopt the revisions to KIBC Chapter
75 17.140,the Commission adopted Findings of Fad,which are attached hereto as Exhibit A;
76 and
77
78 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
79 BOROUGH that:
80
81 Section 1: This ordinance is of a general and permanent nature and shall become a
82 part of the Kodiak Island Borough Code of Ordinances;
83
84 Section 2: Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses and
85 Structures is hereby amended as follows:
86
87
88
Kodiak Island Borough,Alaska Ordinance No.FY2016-04
Page 2 of 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 60 of 237
AGENDA ITEM O.B.
89 Chapter 17,.140
90 EXISTING NONCONFORMING USES AND STRUCTURES
91 Sections:
92 17.140.010 Explanation.
93 17.140.020 Intent.
94 17.140.030 Nonconforming lots of record.
95 17.140.040 Nonconforming structures.
96 17.140.050 Nonconforming uses of structures and land.
97 17.140.060 Parking.
98 17.140.070 Prior construction.
99 17.140.080 Exception--Junkyards.
100 17.°140„085 Exceptions—Relocation of mobile homes displaced by a change
101 of wind use.
102 17.140.090 Exceptions.
103 17.140.100 Definitions.
I04
I05 17.140.010 Explanation.
106 When a lot, structure or use legally exists prior to the adoption of an ordinance
107 codified in this title, but does not meet the requirements of this title, it shall be
108 permitted to continue within the limits set forth in this chapter under
l09 'nonconforming"status.There are three types of nonconforming status:
110 A. Nonconforming Lots. The lot width or area is smaller than the minimum
I I I permitted in the land use district in which it is located;
112 B. Nonconforming Structures. The structure is designed to accommodate a
113 nonconforming use or fails to meet yard, height or other development requirements
114 established for the land use district in which it is located;and
115 C. Nonconforming Uses.The use to which land andfor structures is being put is not
116 a permitted or conditional use in the land use district in which It is located.
117
118 17.140.020 Intent.
119 It is the intent of this chapter to permit these nonconformities to continue until they
120 are eliminated. Nonconforming uses are generally incompatible with conforming
121 uses. Nonconforming nonresidential uses are especially incompatible with
122 permitted uses in residential zoning districts.
123
124 17.140.030 Nonconforming lots of record.
125 A nonconforming lot in any zoning district can be developed as permitted;
I26 provided, that it can be demonstrated that all other current zoning district
127 requirements such as setbacks and parking can be met. Nothing in this title shall
128 be construed to prohibit the creation of nonconforming lots which are federally
129 mandated.
Kodiak Island Borough,Alaska Ordinance No FY2018-04
Page 3 of 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 61 of 237
AGENDA ITEM O.B.
130
131 17.140.040 Nonconforming structures.
132 A.Any legal structure existing at the effective date of adoption or amendment of
133 the ordinances codified in this title that could not be built under the existing terms
134 of this title by reason of restrictions on area, lot coverage, height, yards,deficiency
135 of required parking, or other characteristics of the structure or its location on the lot
136 may be continued so long as it remains otherwise legal.
137 B. Ordinary repairs, including the repair or replacement of walls, doors, windows,
138 roof,fixtures,wiring,and plumbing, may be made to nonconforming structures.
139 C. Nonconforming residential structures may be enlarged or expanded; provided,
140 that there are no other residential structures located on the property, no portion of
141 the structure extends over any lot line, and all other building, fire and zoning
142 requirements are met. Any encroachment into required setbacks exceeding the
143 original building footprint shall be permitted only by the grant of a variance under
144 Chapter 17.195 KIBC.
I45 D. Should a nonconforming structure be destroyed, it shall not be reconstructed
146 except in conformity with the regulations of this title. Destruction does not include
147 deterioration through ordinary neglect.
148
149 17.140.050 Nonconforming uses of structures and land.
150 A.A legal use of a structure, land, or of a structure and land in combination,
151 existing at the effective date of adoption or amendment of the ordinances codified
152 in this title, may be continued so long as it remains otherwise legal.
153 B. Structures containing nonconforming residential uses, located in a
154 nonresidential zoning district, may be expanded as long as the entire structure
155 meets,at a minimum,the parking and building code requirements for office or retail
156 use.
157 C. Structures containing nonconforming residential uses, located in a residential
158 zoning district, may only be expanded if the nonconforming use of the structure is
159 eliminated.
160 D.Structures containing nonconforming nonresidential uses may not be expanded.
161 E.Ordinary repairs including the repair or replacement of walls, doors, windows,
162 roof, fixtures, wiring, and plumbing may be made to structures containing
163 nonconforming residential uses.
164 F. Ordinary maintenance including the repair of walls, doors, windows, roof,
165 fixtures, wiring, and plumbing may be made to structures containing
I66 nonconforming nonresidential uses.
167 G.When the nonconforming use of a structure, land, or structure and land in
168 combination, is voluntarily discontinued or abandoned for one year or more, the
169 structure, or structure and land in combination, shall not thereafter be used except
170 in conformance with the regulations of the district in which it is located. Where
Kodiak Island Borough,Alaska Ordinance No.FY2016-04
Page 4 of 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 62 of 237
AGENDA ITEM #9.B.
171 nonconforming use status applies to a structure and land in combination, removal
172 or destruction of the structure shall extinguish the nonconforming use of the land.
173
174 17.140.060 Parking.
175 A.A nonconforming residential structure may be enlarged or expanded without
176 requiring additional parking under Chapter 17.175 KIBC, as long as the number of
177 dwelling units in the structure is not increased.
178 B.A nonconforming nonresidential structure may be changed to another legal use
179 without requiring additional parking under Chapter 17.175 KIBC as long as the new
180 use of the structure requires no more parking spaces than the previous
181 nonconforming use.
182
183 17.140.070 Prior construction.
184 Nothing in this chapter requires a change in the plans, construction, or designated
185 use of any building on which actual construction was legally begun prior to the
186 effective date of adoption or amendment of the ordinances codified in this title and
187 upon which actual building construction has been diligently carried on.
188
189 17.140.080 Exception-Junkyards.
190 Junkyards,as defined in Chapter 17.25 KIBC, located in any district other than an 1
191 industrial district, are a public nuisance and are not entitled to the protective
192 provisions of this chapter.
193
194 17.140.085 Exception.-Relocation of mobile homes displaced by a change of
195 land use.
196 A. The provisions of this chapter with respect to nonconforming land uses
197 shall not apply to mobile homes that must vacate mobile home parks
198 resulting from a change of land use and notices issued under AS 34,03.225,
199 when those mobile homes will be relocated to another existing
200 nonconforming mobile(home park.
201 B., Mobile homes relocated under this exception shall meet the following
202 requirements.
203 1; Zoning compliance for the new location,,
204 2. Any required building, electrical, and pllurrubiing permits must be
205 obtained;
206 3. Mobile homes to The relocated utilizing this exception must be current.
207 on Borough real and persomal property taxes„
208 4. A. 5" setback to any external property lines shall be maintained in the
209 new location;
210 5. Minimum separation requirements from adjacent structures or mobile
211 homes,as determined by the building official; and
Kodiak Island Borough,Alaska Ordinance No.FY2016-04
Page 5 or 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 63 of 237
AGENDA !TEAR O.B.
212 6, Approved utility connectipins,
213 C. This exception takes effect upon adoption and shall sunset on December
214 31,2013.
215
216 17.140.090 Exceptions.
217 When a lot, structure, or use was authorized by the provisions of former Chapter
218 17.65 KIBC concerning an application for an exception, but which does not meet
219 the current requirements of this title, it shall be considered to have nonconforming
220 status and be permitted to continue within the limits set forth in this chapter.
221
222 17.140.100 Definitions.
223 For purposes of this chapter, the following zoning districts are considered
224 residential zoning districts
225 WH—Wildlife Habitat District(Chapter 17,40 KIBC);
226 C—Conservation District(Chapter 17.50 KIBC)„
227 RD—Rural Development District(Chapter 17-55 KIBC);
228 RR2—Rural Residential Two District(Chapter 17.60 KIBC);
229 RR—Rural Residential District(Chapter 17,65 KIBC);
230 RR1 --Rural Residential One District(Chapter 17.70 KIBC)„
231 R1—Single-Family Residential District(Chapter 1775 KIBC);
232 R2—Two-Family Residential District(Chapter 17.80 KIBC);
233 R3—Multifamily Residential District(Chapter 17.85 KIBC).
234 For purposes of this chapter all other zoning districts are considered to be
235 nonresidential zoning districts.
236
237 Section 3:This ordinance will take effect upon adoption.
238
239 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
240 THIS DAY OF 2016
241
242 KODIAK ISLAND BOROUGH
243
244
245
246 Jerrol Friend,Borough Mayor
247
248 ATTEST:
249
250
251
252 Nova M.Javier,MMC,Borough Cierk
253
Kodiak Island Borough,Alaska Ordinance No.FY2010-04
Page 6 of 7
Ordinance No. FY2016-0 4 Amending Title 17 Zoning, Chapter 17... Page 64 of 237
AGENDA ITEM O.B.
254 EXHIBIT A
255 Planning and Zoning Commission adopted Findings of Fact for Kodiak Island Borough
256 Ordinance No.FY2016-04.
257 FINDINGS OF FACT(KIBC17.205.020)
258 1, The amendments to KIBC Chapter 117,1140 Existing Nonconforming Uses and
259 Structures will eliminate a regulatory hurdle that currently prevents mobile
260 homes displaced from Jackson's Mobile Home Park to relocate to other
261 existing mobile home parks.
262 2, All but one of other mobile home parks in Kodiak are nonconforming land uses
263 and several have existing spaces that could be occupied If the nonconforming
264 standards of the code did not prohibit expanding nonconforming land uses.
265 3, There is a lack of readily available land that is designated for any new mobile
266 home park.
267 4, The amendments to Chapter 17...140 Existing Nonconforming Uses and
268 Structures are consistent with the Comprehensive Plan Goals and Polices
269 related to housing and specifically,affordable housing.
270 5, The Planning and Zoning Commission recommends approval of the
211 amendments to Chapter 17,140 KIBC
Kodtak Island Borough,Alaska Ordinance No.FY2016-04
Page 7 of 7
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 65 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7-F AND 7-G
P d Z REGULAR MEETING:JULY 15,2015
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)486-9363 Fax(907)486-9396
www.kodiakak,us
Date: July 9,2015
To: Planning and Zoning Commission
From: Robert H.Pederson,AICP-Director
RE: Updated Staff Report and Recommendations-July 8,2015 Special Public Hearing&
July 15,2015 Public Hearing-Code Changes Addressing Mobile Home Issues
At the July Bu'special public hearing, the Commission held a public hearing on the first
three changes to Borough Code related to mobile home issues resulting from the
announced closure of Jacksons Mobile Home Park.Those code chapters are:
Chapter 17.140 KIBC—Nonconforming Uses and Structures;
Chapter 17.130 KIBC—Public Use Lands District;and
Chapter 17.50 KIBC—Conservation District.
Following the public hearing, the Commission postponed the public hearing to July 15
2015.There has been one change to the findings of fact for each ordinance;addressing
the public comment about the lack of land designated for mobile home parks,
Chapter 17.140-Nonconforming Land Uses and Structures
As discussed in the June 4'"staff memo,one impediment to relocating mobile homes
from Jacksons to other existing mobile home parks is the status of those parks(except
Rasmussen's)as-grandfathered"(i.e., legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this issue.The proposed code changes include the clarifying
language discussed at the July 1''special work session, If adopted„mobile homes
displaced from mobile home parks as a result of a change of land use could be
relocated to other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements iJ-e.,separation of
structures)in case of fire
Chapter 17.130-Temporary storage of mobile homes in the PL zoning district
The June 4"`staff memo to P8Z noted that outdoor storage is currently allowed in four
zoning districts(B-Business, RS-Retail Business, I-Industrial,and LI-Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
owned land. Most Borough owned land around town is zoned PL-Public Lands.Other
Borough parcels are zoned Natural Use,Watershed,Conservation, Industrial,or R-2.
Amendments to KIBC Chapters 17 140,17 50.and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 66 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7f AND 7-G
P&2 REGULAR MEETING:JULY 15,2015
During the July 15t,special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district,in addition to the PL
zoning district.This provision has been added to the ordinance for your public hearing
on July 8th. If adopted,mobile homes could be stored in the C and PL zoning districts
subject to any conditions imposed by the underlying property owner,such as length of
time, insurance, security, screening,etc.The code changes also include a sunset
provision that allows temporary storage until December 31, 2018.
Applicable Regulations
KIBC 17.205.010 Authority.
Whenever the public necessity,convenience,general welfare or good zoning practice
requires,the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by law,amend,supplement, modify, repeal or otherwise
change these regulations and the boundaries of the districts.
KIBC 17.205.020 Report from planning and zoning commission.
The commission shall report in writing to the assembly on any proposed change or
amendment regardless of the manner in which such change is initiated and such report
shall find:
A. Findings as to need and justification for a change or amendments,
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan;and
C. Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this title, and the report of the commission at its next regular meeting after
receipt of such report. If,from the facts presented and by the findings of the report of the
commission,it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment, supplement,change or
reclassification.
Staff Recommendation
Staff recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17.140 KIBC (Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming
Amendments to KIBC Chapters 17.140.17 50 and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 67 of 237
AGENDA ITEM O.B.
PUBLIC HEARING H'HE6d 7-F AND 7-G
P&Z R5GULAR MEETING:JULY 10.2+015
Mobile Home Parks, and to adopt the finding of fact in the July 3,; 2015 staff report as
findings of fact for this code amendment,
Findinas of Fact
1, The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homes displaced from Jackson's Mobile Home Park to
relocate to other existing mobile home parks.
2. All but one of other mobile home parks in Kodiak are nonconforming land uses
and several have existing spaces that could be occupied if the nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
3. There is a lack of readily available land that is designated for any new mobile
home park..
4. The amendments to Chapter 17,140 are consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically, affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17,140 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapters 17.50 KIBC (C-Conservation District) and 17.130 KIBC (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34,03.225 to be stored on sites zoned C-Conservation and PL-Public Use Lands, and
to adopt the finding of fact in the July 3, 2015 staff report as findings of fad for this code
amendment.
Findings of Fad
1. The announced closure of Jackson"s Mobile Home Park will force mobile home
owners in the park to relocate their homes, Since there are limited locations for
displaced mobile homes to relocate to,there may be a need for temporary storage of
mobile homes until the owners are able to secure a permanent location.
2. There is a lack of readily available land that is designated for any new mobile
home park.
3. Currently, outdoor storage is only allowed in the business and industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes in the C- Conservation and PL-Public Use Lands zoning
districts.
Amendments to KIBC Cnppiwro 17 140,17.50,and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 68 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7-F AND 7-G
P 6 Z REGULAR MEETING,JULY 15,2015
4. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing..
S. The Planning and Zoning Commission recommends approval of the code
amendments.
Ameoftenm to 1CI8C Chapters 17'140,1750, 17 VW
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 69 of 237
O.B.AGENDA ITEM
PUSUIC HWING ITEM 7°F AND 7
P&Z REGULAR MEETINGALILY 15,2015
Introduced by Name
N sI by Barough Aneffft
I bP
2
Drafted by. CDC
Introduced P 15
ubfk.lie
a Adopted
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2016-XX
7
If AN ORDINANCE ASSEMBLY OF THE KODIAK ISLAND
AMENDING 17.140 KIBC( I TI F t USES AND
10 STRUCTURES)TO ALLOW MOBILE ES DISPLACED UNDER AS 34.03.225 TO
I RELOCATE WITHIN EXISTING NONCONFORMING 1 PARKS
12
13 WHEREAS, As a second class Borough, the Kodiak Island Borough excercises
14 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
15 29.40 Alaska Statutes;and
1
17 WHEREAS. In accordance th AS 29.40,the Kodiak Island h adopted the
15 Comprehensive Plan update on December 5,2007(Ordinance No. 2 10)to replace
19 the 1968 Comprehensive Plan;and
20
21 WHEREAS, The Kodiak Island Borough has adopted KIBC "fide 17 (Zoning) in
22 accordance with AS 29.40 to Implement a Kodiak Island Borough Comprehensive an;
23 and
24
25 WHEREAS, KISC 17.205.010 provides that 'Whenever the public necessity,
26 convenience, neral welfare or good zoning requires. the assembly may, by
7 ordinance and after report thereon by the commission and is hearing as required y
20 law, amend, supplement, modify, repeal or otherivige change these regulations and the
29 boundaries of the districts;'and
30
31 WHEREAS, The recent announced snare of Jackson's Mobile Home Park pursuant to
32 AS 34.03,225(a)(4)vAll result In nearly 100 farrillies being forced to relocate:and
33
34 WHEREAS, Many of the mobile homes in question may not be able to he moved due to
35 age.structural condition,or m iri tlons over time:a
36
37 WHEREAS, No other existing mobile homes parks In Kodiak currently have approval for
313 additional spa s to be added to those parks.and
3
40 WHEREAS, Most existing mobile home parks are nonconforinIng land uses and
41 expansion of noriconforming land uses Is not permitted under Chapter 17.140 KIBC
42 (No of hies).and
43
44 WHEREAS, There may be space available In existing nonconforrning mobile hoine
45 parks to accommodate additional mobile homes if the zoning regulations permitted such
46 expansion;and
47
48 WHEREAS, The Borough sires to relax the regulatory requirements to permit mobile
49 homes displaced pursuant to AS 34.03.225 to relocate to existing mobile home parks:and
50
51 WHEREAS, The Borough c n1 s that in doing so, certain zoning standards for
52 mobile home parks(will or may not be t),and
KDdlak Island Borough,Alaska Ordinance No.F 016
Page 1 of 2
Amaindments 1a FJ chapters 17 140,17.50,and 17 130
Ordinance `!2016-04 Amending Title 17 Zoning, Chapter 1 ... Page 70 of 37
AGENDA ITEM #9.B.
PUBLIC HEARING IT 7*AND 7-G
P&Z REGULAR MEETING:JULY 15,2015
53
54 WHEREAS, The public necessity and general welfare of the community may be better
55 served by amending the code to allow obi homes to be relocated rather than requiring
56 strict adherence to existing zoning requirements for mobile home parks-,and
57
58 S® Amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
59 Structures)of Title 17 vAlI accomplish the stated public need;and
60
61 WHEREAS,The Planning and Zoning Commission he a special work session to rev!ew
62 the proposed changes to Chapter 17.140 KIBC on July 1,2015;and
63
64 WHEREAS, The Planning and Zoning Commission set aside time for public Input and
65 discussion at the work session,and
66
67 WHEREAS, The Planning and Zoning Commission held a special public hearing on July
68 1.2015 and a public hearing on July 0®2015 and following the July 8,2015 public hearing,
69 voted to transmit their recommendations for revisions to Chapter 17-140 KIBC to the
70 Borough Assembly;and
71
72 WHEREAS, As part of their recommendation to adopt the revisions to Chapter 17-140
73 Kt C,the Planning and Zoning Commission adopted Findings of Fact,which are attached
74 hereto as Exhibft A,and
75
76 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
77 BOROUGH that:
78
79 Section 1* This ordinance is of a general and permanent nature and shall become a
so part of the Kodiak Island Borough Code of Ordinances',
It
82 Section 2. The amendments to Chapter 17.140 KI BC are attached as Exhibit A.
83
84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
85 THIS DAY OF 2015
86
87
88 KOOtAK ISLAND BOROUGH
89
90
91
92 Jarrol Frie ro ugh Mayor
93
94 ATTEST:
95
96
97
98 No M.Javier,MMC,Borough Clark
99
100
Kodiak Island Borough,PJaska Ordinance No,FY201 6-XX
Page 2 of 2
Am meets to KNOC ChWers 17140,17 50,wW 17 130
Ordinance No. Y' 1m Amending it 17 Zoning, Chapter 17... Page 71 of 237
AGENDA ITEM O.B.
PUB UC HEARING IT 7-F AND,
P 6 Z REGULAR MEETING:JULY 15,215
0
)15
Chapter 27.240
EXISTING NONCONFORMING USES AND STRUCTURES
Sectlonsz
17.142&10 Explanation,
17,140°020 Intent,
I7.14Q.M Nonconforming lots of record.
I7.140-942 Nonconforming structures,
17.140°050 Nonconforming uses of structures and land.
17j. 4%Q60 Parking.
17-140x070 Prior construction.
27.140.080 Exception—junkyards.
17140.090 Exceptions.
Definitions.
17.1 0,010 Explanation.
When a lot,Structure or use legally exists prior to the adoption of an ordinance codified In this title,but
does not meet the requirements of this title,It shall be permitted to continue within the limits set forth
In this chapter under'nonconforming'status.There are three types of nonconforming status:
A.Nonconforming Lots.The lot width or area Is smaller than the minimum permitted in the land use
district In which It is located-,
B.Nonconforming Structures.The structure is designed to accommodate a nonconforming use or falls to
meet yards height or other development requirements established for the land use district in which It is
located;and
C.Nonconforming Uses.7he use to which land and/or structures Is being put Is not a permitted or
conditional use In the land use district In which It is looted.[Repealed and reenacted by Ord.97-09§2,
1997;Ord.92-45-0 1®1982°Formerly§17.36.0101.
17.140.020 lnt@nL
It Is the Intent of this chapter to permit these nonconformities to continue until they are eliminated.
Nonconforming uses are generally Incompatible with conforming uses.Nonconforming nonresidential
uses are especially Incompatible with permitted uses In residential zoning districts.[Repealed and
reenacted by Ord.97-0§2,1997;Ord.86-18.0§2,198 ;Ord.82-45-0§1,1992°Formerly§17.3&0201
17.140.030 Nonconforming lots of record.
A nonconfo rming lot In any zoning district can be developed as permitted;provided,that It can be
demonstrated that all other current zoning district requirements such as setbacks and parking can be
met.Nothing In this title shall be construed to prohibit the creation of nonconforming lots which are
federally mandated.[Repealed and reenacted by Ord.97-09 4281997;Ord.90-04 42,1990;Ord.87-14.0
2,1987;Ord.82-45-0 11,1982.Formerly§17.36.0301.
AmmulAwnts to KIBC Ctmikers 17 140,17.50,@M 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 7 2 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7•P AND 7-G
P&Z REGULAR MEETING JULY 15.2015
17.140.040 Nonconforming structures.
A.Any legal structure existing at the effective date of adoption or amendment of the ordinances
codified In this title that could not be built grader the existing lenns of this title by reason of restrictions
on area,lot coverage,height,yards,deficiency of required parking,or other characteristics of the
structure or its location on the lot may be continued so long as it remains otherwise legal.
B.ordinary repairs,including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing,may be made to nonconforming structures.
C.Nonconforming residential structures may be enlarged or expanded;provided,that there are no
other residential structures located on the property,no portion of the structure extends over any lot
line,and all other building,fire and zoning requirements are met.Any encroachment into required
setbacks exceeding the original building footprint shall be permitted only by the grant of a variance
under Chapter 17.295 KI9C,
D.Should a nonconforming structure be destroyed,it shall not be reconstructed except in conformity
with the regulations of this title.Destruction dries not include deterioration through ordinary neglect.
]Repealed and reenacted by Ord.97 §2®1447,Ord.82-45-0§1,1982.Formerly 517.36,040].
17.140.050 Nonconforming uses of structures and land,
A.A legal use of a structure,land,or of a structure and land in combination,existing at the effective
date of adoption or amendment of the ordinances codified in this title,may be continued so long as it
remains otherwise legal.
B.Structures containing nonconforming residential uses,located in a nonresidential zoning district,may
be expanded as long as the entire structure meets,at a minimum,the parking and building code
requirements for office or retail use.
C.Structures containing nonconforming residential uses,located in a residential zoning district,may only
be expanded If the nonconforming use of the structure is eliminated.
D.Structures containing nonconforming nonresidential uses may not be expanded.
E.Ordinary repairs Including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing may be made to structures containing nonconforming residential arses.
F.Ordinary maintenance Including the repair of walls,doors,windows,roof,fixtures,wiring,and
plumbing may be made to structures containing nonconforming nonresidential uses.
G,When the nonconforming use of a structure,land,or structure and land In combination,is voluntarily
discontinued or abandoned for one year or more,the structure,or structure and land in combination,
shall not thereafter be used except In conformance with the regulations of the district In which It is
located.there nonconforming use status applies to a structure and land in combination,removal or
destruction of the structure shall extinguish the nonconforming use of the land.[Repealed and
reenacted by Ord.97 §2,1997;Ord.82-45-0§1,1992.Formerly§17.36.050).
17.14M060 Parking.
A.A nonconforming residential structure may be enlarged or expanded without requiring additional
parking under Chapter 17,175 KISC,as long as the number of dwelling units in the structure Is not
Increased.
B.A nonconforming nonresidential structure may be changed to another legal use without requiring
additional parking under chapter 17.175 KIRC as long as the new use of the structure requires no more
Amerwiments to VJ Chaplem 1714o,17 50,mW 17130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 73 of 237
AGENDA ITEM #9.B.
PUBLIC HEARING ITEM 7-F AND 7-G
P It Z REGULAR MEETING:JULY 15,20 FS
plar§Gru,g spaces than rtffue previous nonconforming use.l Repaeaueri and reenacted by Ord.97-09552,1997;
Ord,B2-4943§d,1962..Frarmerky§17.36.0601,
17-140-070 Prior co ruur„Riasru.
Nothing In this chapter requukes a cinaRpie in the plans,canrusttrnucttiDn,or designated use of any builu Ing an
which actual construction was IegaIly begun prior to the effective dale of adoption or amendment anp iQe
ordinances codified In 41hi.s title aunui upon which actual b uliding corusttrLOL ion has been dIIi,§ently carded
aeon.[Repealed and reenacted by Ord..97 4)9§2,1997;Ord.86-IR-0 0w 1966„Ord.62-49-0§1,19I12.
Frnrusueriy§17.36,07701,
27»14M080 ExceptIon—Iurrniuyaiirdsa
Ju nkyaruis,as defined In Chapter:17.25 IRIBC,loraled in any dislria,,other than an I irpdustriau aiiGslriet,are
a public unuulsalnce and are not eettitlerl to the paroRective pnroavislwaans or this chapter.,IIRelpeaIed and
reenacted by Ord.97 §2,1997,Ord.82-45-0§2,1982.I°rnrenneriy§17.36.61801.
1Lj404 ceieltjpn—BReu pa ru¢a ua�uuVnll reu��un r aiS U ku IIA a n mu off Ilawrur!use.
„"4°In raws V rns ff rtlui• tuna ter wael6Pu Tres ect ttaro rurasltarornffaarrrrG Iarori uuse.s sllla9l ro�tt a II tm rinaaluiBe
i IQa st wa to hm &aGl l usauane arlks resnnlA'ira ffr im dean of I rnai use and notices issue
uarur7er As r�, 3.2�'" wwh rn iaan � iEe Iunarru �r narilll rel�catte�tao aru aunrntiner eaf�slion rnarora�anra6 raroVi
mru GII i w� rlk,•
9,16 obtle Vro es 11 Ieri uaun r this eace tirarn xQnaEU �tiVroe Vol kanu i re uoVi eolmeunts°
1. Rirn ass Ii rro ff iue es Arn��tir
L Aron Ir ai bthlUdi o eI ctri l aurri lurs bin ep-r t,k irqua bra ail r�ai n
G� iue iu ernes �� r Iracatteru uo ill.iun puVs�rer ttl�iru u1lrnst Qne cuoirrernt u�un IfaJ�ruapl in �9 a�urc�
er i, I r rt�ax�s�
!. A 5"set11n sk tg any e?xtgr�na11 r"griv VCoats.hall Ike ring rta; ar in Wh new Iocatiw e
S. M!rnirro mro, aratirarro re urkrernent.s From ad'acent srruucturps,air 11-- ril &ncaruroees a r aietternruiuneau is
rtin IIaEIw ffflT i I�ruri
6.
ARRMY Hi tXonnL ctio n$
, Ikul ett IPi ru rtalr T fflect tetra afro ttVraru amri sQoauu sulnnsett tore Iar%mrufnubr 2giit,
17,140, 6D Exceptions,
'meta a bt,structure,or use was authorized by the provisions of forMEr Chapter 17.6 a KISC concerning
an a1p1pkatio n fair an exception,but which does not,meet the current requirements oaff this title,It shall
be considered to have nonconformIng status and he pnarwittted to co ntirnuue witinirn die limits sett ffortth In
this chapter,[RepaeAd and reenacted by Ord.97-09§2,199'7,Ord,92.17§7,1992.Formerly
§1736.090]]
17.240100 Deffirnitierm
For purposes of this chapter,the ff iRow Ong zoning districts are considered residential zoning districts.
WIC.—Wildlife IRaffnitak IAisttrictt ICQuappter 17.40 iKIBQ
C—Co nse nraVan Mrict iChalpler 17.5I'U IKISCI,
RID•—Rural 19evel parroeRt IAlstruct(Chapter 1735 IKIBQ
IRIR2—Rural Iiesidential'Two IDistrkt iClnalpter:17.60 KIBCl,
Arcs P$n4 FJBC Chapters 17110,17.50,aW 17130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 74 of 237
AGENDA ITEM O.B.
PUBLIC HEARING tTEM 7•F AND 7-G
P&Z REGULAR MEETING:JULY 15.2015
RR—Rural Residential District(Chapter 17.65 KIBC);
RRI—Rural Residential One District(Chapter 17.70 XIBC);
RI—single-Family Resideritial District(Chapter 17.75 K1 8C);
R2 —Two-Family Residential District(Chapter 17.80 KIBC);
R3—Multifamily Residential District(Chapter 17.85 MCI.
For puMoses of this chapter all other zoning districts are considered to be nonresidential zoning
districts.[Ord.97-09§2,1 7.Formerly§17.36.1001.
AmmidmenU r®KIBC Chapters 17140,.17.x and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 7 5 of 237
AGENDA ITEM O.B.
Kodiak Island Borough
Planning&Zoning Commission
Drafty Minutes Applicable to KIB Ordinance No.FY2016-04
July 15„2015 6;30 .m.-Assembly Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 15, 2015 regular meeting of the Planning and
Zoning Commission at&30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin,Alan Schmitt,Kathy Drabek,Maria Painter,Scott Amdt,
Greg Spalinger„and Kyle Crow.
A quorum was established.
Community Development Department staff present was Director Pederson,Sheila Smith,and Jack
Maker.
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 15. 2015 Planning & Zoning
Commission agenda..
VOICE VOTE ON M077ON CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SPALINGER MOVED to approve the June 17, 2015 Planning & zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
PUBLIC HEARINGS
F) Case: Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures).
Request an ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures)to allow mobile homes displaced under AS 34.04.225 to relocate within existing
nonconforming Mobile Home Parks(KIBC 170.205.040).The applicant is the Kodiak Island
Borough and the agent Is the Community Development Department. The location Is
borough-wide and the zoning varies.
Director Pederson stated you have a memo from July a addressing this and the other code
amendments for today.Also Ms.Billings that owns one of the parks on Spruce Cape wrote a letter
that is added to your packet.The packet reflects the changes talked about on July 1"and if
adopted this would allow mobile homes displaced from mobile home parks to relocate to the other
existing mobile home parks under certain conditions which you've reviewed.If approved tonight it
will be before the assembly for first reading on July 3&and public hearing and adoption will be on
the 61°..
The motion on the floor from the July B,2015 Special Meeting is:
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) to allow mobile homes displaced under AS 3403.225 to relocate within existing
nonconforming Mobile Home Parks,and to adopt the findings of fad in the July 3,2015 staff report
as findings of fad for this code amendment.
7/15/2015 Page 1 of 2 P&Z Minutes
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... page 76 of 237
AGENDA ITEM #9.B.
Director Pederson said we did make the change to Finding of Fact #2 where we added the
language at the end about the land designated for n eeded mobile home parks that was requested
to be added to the findings.That was suggested by Ms.Kidder.
COMMISSIONER PAINTER MOVED TO AMEND to read July 9,2015 instead of July 3.2015 for
the staff report.
ROLL CALL VOTE ON(NOTION TO AMEND CARRIED UNANIMOUSLY
Close regular meeting&open public hearing:
Judi Kidder stated the language that she suggested that's been altered In the ordinance about the
lack of land available for relocation of mobile homes Is very Important to have in there,In the future
It will become more important because Its one of the critical reasons why and It helps address the
lack of available land in Kodiak,the lack of suitable land to diversify and help with the low Income
situations.
Close public hearing&open regular meeting:
FINDINGS OF FACT
1. The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that currently
prevents mobile homes displaced from Jackson's Mobile Home Park to relocate to other
existing mobile home parks.
2.All but one of other mobile home parks in Kodiak are nonconforming land uses and several have
existing spaces that could be occupied if the nonconforming standards of the code did not
prohibit expanding nonconforming land uses.
3.There Is a lack of readily available land that is designated for any new mobile home park.
4. The amendments to Chapter 17.140 are consistent with the Comprehensive Plan Goals and
Polices related to housing and specifically;affordable housing.
5. The Planning and Zoning Commission recommends approval of the amendments to Chapter
17.140 KIBC.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
7/15/2015 Page 2 of 2 P&Z Minutes
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 77 of 237
AGENDA ITEM O.S.
PUBM HEARING IT 7-A AND 7°E
P&Z SPECIAL MEETING JULY®,2415
Kodiak
Community Development Department
710 mill Bay Road
Kodlak,Alaska 99615
F e Phone(907)486-9363 Fax( 7)
www.koi aka -us
July3,2015
To: PlannhgaiwaningCoarnission
Robert H.Pederson,AlCP-Dkecbr
RE: StARepoitandRecummendations® u 8.2015 Special Public Hearing-Code
Changes Addressing Issues
At their July 1st work session, the Commission scheduled a special public hearing for
July Oth to expedite consideration of the first three changes to Borough Code related to
mobile home issues resulting from the n u closure of Jacksons Mobile Home
Park.Those code chapters are;
Chapter 17.140 KIBC—Nonconforming Uses and Structures;
Chapter 17.13 I ®Public Use Lands District;and
Chapter 17.50 Kl —Conservation District.
This information in this memo and the attachments should be considered as building on
the background information previously distributed to the Commission on June t"and
e packet materials for the July 131 special work session.
Chapter 17.1 40-Nonconforming Land Us t c res
As discussed in the June 0 staff memo,one impediment t l ti mobile es
from ar sons to ether existing mobile home parks is the status of those arks(except
as us n's)as' n fate d°(i.e.,legal nonconforming)land uses.
Attached is a proposed amendment to the nonconforming requirements of the zoning
code that addresses this Issue.The proposed code changes include the clarifying
language discussed at the July 1'1 special work session.If adopted,mobile homes
displaced from oile home parks as a result of a change of land use could be
relocated to other existing mobile home parks under certain conditions regarding
permits,taxes,and meeting minimum life safety requirements(i.e,separation of
structures)in se of fire.
Chapter 17.13 -Temporary storage of oil homes In the PL zonl isrict
The June 4s'staff memo to P&Z noted that outdoor storage is currently alloyed in four
zoning districts(B—Business, etail Business, l®In ust` I,and LI-Light Industrial)
and that there has been discussion about permitting temporary storage on publicly
AmetwimenLs to KIBC ChapWs 17 144,17.54,wd 17 134
Ordinance i i i 17... Page 78 of 237
AGENDA ITEM MS.
PUBLIC HEARING ITEM 7-A AND 7•8
P A Z SPECIAL MEETING:JULY 8.2015
owned land.Most Borough owned land around town is zoned PL-Public Lands.Other
Borough parcels are on Natural Use,Watershed,Conservation, Industrial,or R-2.
During the July lot,special work session,there was discussion regarding temporary
storage of mobile homes in the C-Conservation zoning district,in addition to the PL
zoning district.This provision has been added to the ordinance for your public hearing
an July e.If adopted,mobile homes could be stored in the C and PL zoning districts
subject to any conditions imposed by the underlying property owner,such as length of
time,insurance,security,screening,etc.The code Changes also include a sunset
provision that allows temporary storage until December 31,2018.
Applicable Regulations
KIBC 17.2Q5.010 Authority.
Whenever the public necessity,convenience,general welfare or good zoning practice
requires,the assembly may,by ordinance and after report thereon by the commission
and public hearing as required by low,amend,supplement,modify,repeal or otherwise
change these regulations and the boundaries of the districts.
KI 9LB20 e Lanni onin iq
Rl BC 17.2 R orl from aag.9nd mmLM
. .....p....... Z ...
The commission shall report in writing t o t he assembly on any proposed change or
amendment regardless of the manner In which such change is initiated and such report
shall find:
A.Findings as to need and justification for a change or amendments;
&Findings as to the effect a change or amendment would have an the objectives of the
comprehensive plan:and
C.Recommendations as to the approval or disapproval of the change or amendment.
KIBC 17.205.060 Hearing determination.
The assembly shall consider an application or commission recommendation for change
in the boundary of a district or any other commission recommendation proposing a
change in this fille,and the report of the commission at its next regular meeting after
receipt of such report.It,from the facts presenled and by the findings oft a report of the
commission.it is determined that the public necessity,convenience,general welfare
and good zoning practice requires the change or amendment of any portion thereof,the
assembly by ordinance shall effect such amendment,supplement.change or
reclassification.
Staff Recommendation
to recommends that the Commission forward the proposed code amendments to the
Borough Assembly with a recommendation for approval.
Recommended Motions&Findings of Fact
1)Chapter 17.140 KIBC
Arnevidments to VJDC Chapters 17.144„17 50,"17 130
Ordinance No. FY2016-04 Amending it 17 Zoning, Chapter 17... Page 79 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7-A AND 7-9
P&Z SPECIAL MEETING JULY 8,2015
Move to recommend the Assembly of the Kodiak Island Borough approve the ordinance
amending Chapter 17.140 ICI(Existing Nonconforming Uses and Structures)to allow
mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming
Mobile Home Parks. and to adopt the finding of fact in the July 3. 2015 staff report as
findings of fact for this code amendment.
Findings of Fact
1.The amendments to Chapter 17.140 KIBC will eliminate a regulatory hurdle that
currently prevents mobile homer, displaced from Jackson's Mobile Home Park to
relocate too er existing mobile home parks.
2. All but one of other mobile home parks In Kodiak are nonconforming land uses
and several have existing spaces that could be occupied If the nonconforming
standards of the code did not prohibit expanding nonconforming land uses.
3.The amendments to Chapter 17.140 are consistent with the Comprehensive Plan
Goals and Polices related to housing and specifically,affordable housing.
4,The Planning and Zoning Commission recommends approval of the amendments
to Chapter 17.140 KIBC.
2)Chapters 17.50 and 17.130 KIBC
Move to recommend the Assembly of the Kodiak Island Borough vet ordinance
amending Chapters 17.50 KISC (C-Conservation District) and 17.130 KIBC (PL-Public
Use Lands) to allow the temporary storage of mobile homes displaced under AS
34.03.225 to be stored on sites zoned C-Con sarvation and PL- Public Use Lands, and
to adopt the fi nding of fact in the July 3,2015 staff report as findings of fact for this code
amendment.
Findings of Fact
1. The announced closure of Jackson's Mobile Home Park will force mobile home
owners in the park to relocate their homes. Since there are limited locations for
displaced mobile homes to relocate to,there may be a need fort p storage of
mobile homes until the owners are able to secure a permanent location.
2. Currently, outdoor storage Is only allowed in the business and industrial zoning
districts. The zoning code amendments will now allow the temporary storage of
displaced mobile homes In the C- Conservation and PL-Public Use Lands zoning
districts.
3. The proposed amendments to Chapters 17.50 and 17.130 KIBC are consistent
with Comprehensive Plan Goals and Polices related to affordable housing.
Amerdm&As to MOC Chaptm 17 140.17 50,and 17 130
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AGENDA ITEM #9.8.
PUBLIC NEARING ITEM 7•A AND 7-B
P&Z SPECIAL MEETING;JULY B.2015
4, The Planning and Zoning Commission recommends approval of the code
amendments,
Amendments to KIBC Chaptem 17..140„17.50„and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 81 of 237
AGENDA ITEM O.B.
PUBLIC HEARING ITEM 7-A AND 7-0
2 SPECIAL MEETING JULY e,2015
Introduced by, Name
Requested h
I &p
Ora
InUodUced XX00=16
3 Public
ISLAND
6 ORDINANCE NO. FY2016-XX
7
8 AN ORDINANCE OF THE ASSEMBLY F THE KODIAK ISLAND BOROUGH
9 AMENDING c 17.140 KIBC J I USES AND
10 STRUCTURES)TO ALLOW MOBILE 1 S 34.03.225 T
II RELOCATE WITHIN I f NG MOBILE HOME PARKS
12
13 WHEREAS, As a second class Ekwough, the Kodiak Island Borough excerdses
14 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
15 29,40 Alaska Statutes;and
1
17 WHEREAS, In accordance with AS 29.40,the Kodiak Island Borough adopted the 2
13 Comprehensive Plan update on December 6,2007(Ordinance on 20 1 )to replace
19 the 1968 Comprehensive Plan;and
2
21 WHEREAS, The ft iak Island Borough has adopted KIBC Tille 17 (Zoning) in
22 accordance vAth AS 29AO to Implement the Kodiak Island Borough Comprehensive Plan;
23 and
24
WHEREAS, I 17.205.010 provides that never the public necessity.
26 convenience, general welfare or good zoning practice requires, e assembly Wray® by
27 ordinance and after report therew by the commission and u is hearing as reqwred required by
20 law, amend,supplement,modify, repeal or othenvise change the regulations and the
29 boundaries of the ;"and
0
1 WHEREAS, The recent announced osu of Jackson's Mobile Home Park pursuard to
32 AS 34.03225(a)(4)Wit result in nearly 100 families being forced to relocate,and
3
34 WHEREAS, Many of the mobile homes in question may not be able to be moved due to
35 age,structural condition,or modifications overtime;and
36
37 WHEREAS, No other existing obi s parks in Kodiak currently have approval for
38 adelitional spaces to be added to those parks;an
39
40 WHEREAS, Most existing mobile home parks are nonconforming la s and
41 expansion of nonconforming land uses Is not permitted under chapter 17140 KIBC
2 ( o nf® itles);and
43
44 WHEREAS, Them may ace available in existing nonconforming =bile home
45 parks to accommodate additional mobile homes R the xoning regulations permitted such
6 expansion;an
47
43 WHEREAS, The Borough desires to relax the regulatory requirements to permit moble
49 homes displaced ant to AS 34.03225 to relocate to existing mobile home parks:and
0
1 WHEREAS, The Borough recognizes that In doing so, cedam zoning standards for
52 mobile home parks(will or may not be met),,and
Kodiak Island Borough,Alaska Ordinarice Flo.FY20WXX
Page 1 of 2
Amenftents 9a KISC Chagas 17.140,17 50,wd 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter ... Page 82 of 237
AGENDA ITEM O.B.
PUBLIC HEARING IT 7-A AND 7-E
P&Z SPECIAL E N :JULY 0,2015
53
54 WHEREAS, The public necessity and general welfare of the community may be better
55 served by amending the code In allow mobile es to e relocated rather than requiring
56 strict adherence to existing zoning requirements for mobile home parks;and
57
58 WHEREAS, Amending Chapter 17.140 KI C (Existing o i see and
59 Structures)of Title 17 will accomplish the stated public need;and
0
61 WHEREAS,The Planning and Zoning Commission e a special work session to review
62 the proposed changes to Chapter 17,140 KISC on July 1,2015;and
3
S® The Planning and Zoning Commission set aside fime for public input and
65 discussion at the work session;an
WHEREAS, the Planning and Zoning Commission held a special public hearing on July
66 1,2015 and a public hearing on July 6,2015 and following a July 8,2015 public hearing,
69 voted to transmit their recommendations for revWons to Chapter 17,140 KIBC to the
70 Borough Assembly;and
71
72 WHEREAS, As part of their recommendation to adopt the revisions to Chapter 17.140
73 KIBC.the Planning and Zoning Commission adopted Findings of Facl,which are attached
74 hereto as Exhibit A;and
76 NOW,THEREF INED ASSEMBLY OF THE KODIAK ISLAND
77 BOROUGH that
7
79 Section 1® This ordinance Is of a general and e anent nature and shall become a
art of the Kodiak Island Code of Ordinances,
I
B2 Section 2., The amendments to Chapter 17.140 KIBC are attached as Exhibit A.
83
84 ADOPTED BY THE ASSEMBLY F THE KODIAK ISLAND
65 THIS DAY OF 201
1
87
88 KODIAK ISLAND H
69
1 u
2 Jerrol Friend.Borough Mayor
3
4 S°r.
5
96
97
$ Nova M.Javier,MMC,Borough Clark
9
too
Kodiak Island Borough,Alaska Ordinance No.FY2016.XX
Page 2 or 2
AmendmenLa to KI®C Chapiers 47.140,17 50 17 130
Ordinance No. FY201 B-04 Amending Title 17 Zoning, Chapter 17... page 83 of 237
AGENDA ITEM #9.B.
PUBLIC HEARING ITEM 7-A AND 7-0
P Z SPECIAL MEEFING:JULY 8,2015
Chapter 1.7140
EXI.M. NG NONCONFORMING USES AND STRUCrURFS
ectdonsa
Intent.
Nonconforming lam of record.
Nonconloirmdng structures.
17.140M0 Nonconforming uses&5tfUCtUM5 and land.
............-
17_14_M60 PaFkIn&
17.140.070 IPndor constructlon,
7'jj :2ffl Exception-Punkyards.
of mroobft �. di lgc.gum-_imlgzm
17-140-090 Exceptions.
17140AGO DermitionS.
..................................
17.140M0 ExptarmUon.
When a lot,structure or use legally exists prior to throe adoptIon of an ordinance codffied fin Ms title,but
does not meet the requirements of this Me,It shall be permitted to continue within the Urnits set forth
In this chapter under'nonconformIn'status.There are three types or nonconforming status,
A.Nonconrowning Lots.'Thp IoR width or area is smaHer than dw minimum permitted in the land Use
district In wMch It Is located,
B.Nonconfouning Structures.The Structure is designed to accommodate a nonconforming Use or falls to
meet yard,helght or other development requirements established for the land use district in which it Is
located,and
C.Nonconforrning Uses.'nw use to which land and/or strixtures is being put is neta permitted or
condkional use In the land use d[strict In which It Is bcata&Q Repeated and reenacted by Ord.97-0.9. §2®
1997,Ord.82-45-0§1,1982.ForvnMy§17.36.0101.
17.140.020 Intent.
It is the Intent of this chapter to permit these nonconformities to continue unfll t"are efiminated.
NonconformIng uses are generally Incompatible wIth conforming uses.Nonconforming noniresMenliat
uses are aspeciaHy Incompatibk with permitted uses In resIdenfial zoning dis,hicts.lRepealled and
reenacted by Ord.97-09 02,1997,Ord,F36-18-0§2,1936,Ord.824S-0§1,1982.Farmeffly§17.36,020).
11.140.030 r9onconformIne dots of record.
A nonconforming lot In any zoning district can be davdoped as permitted,prowided,that ft can be
demonsirated that Ml other current zoning district irequulrennents such as setbacks and dIarklng can be
Inet.,Nothing In this Ride shall be Construed to prohibit the creation of nonconforming lots wNch are
Vederally mandated.lRepealed and reenacted by Ord.97-09§2.1997,Ord.90-04 92,1990,Ord..87-14-0
92,19B7;Ord.02-45-0§1,1982.Formedy 917.36.030.
ArrwWment3 to WSC;Charows V 140,17.50,wd 17.134
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AGENDA ITEM #9.B.
PUBLIC HEARING ITEM 7-A AND 7-8
P&Z SPECIAL MEETING:JULY®,2015
17.140.040 Nonconforming structures.
A.Any legal structure existing at the effective date of adoption or amendment of the ordinances
codified In this title that could not be built under the existing tenris of this title by reason of restrictions
an area,lot coverage,height,yards,deficiency of required parking,or other characteristics of the
structure or Its location on the tot may be continued so long as it remains otherwise legal.
R.ordinary repairs,including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing,may be made to nonconforming structures.
C.Nonconforming residential structures may be enlarged or expanded;provided,that there are no
other residential structures located on the property,no portion of the structure extends over any lot
line,and all other building,fire and zoning requirements are rant.Any encroachment into required
setbacks exceeding the original building footprint shall be permitted only by the grant of a variance
under Chapter 27.195 KIRC,
D.Should a nonconforming structure be destroyed,It shall not be reconstructed except In conFormity
with the regulations of this title.Destruction does not include deterioration through ordinary neglect.
[Repealed and reenacted by Ord.97 §2,1947;Ord.82-45.0§1,1492.Formerly§1736,0401.
17,140.050 Nonconforming uses of structures and land.
&A legal use of a structure,land,or of a structure and land in combination,existing at the effective
date of adoption or amendment of the ordinances codified In this title,may be continued so long as it
retrains otherwise legal,
B.Structures containing nonconforming residential uses,located in a nonresidential toning district,may
be expanded as long as the entire structure meets,at a minimum,the parking and building code
requirements for office orretailuse.
C.Structures containing nonconforming residential uses,located in a residential zoning district,may only
be expanded if the nonconforming use of the structure Is eliminated,
D.Structures containing nonconforming nonresidential uses may not be expanded.
E.ordinary repairs including the repair or replacement of walls,doors,windows,roof,fixtures,wiring,
and plumbing may be made to structures containing nonconforming residential uses.
F.ordinary maintenance Including the repair of walls,doors,windows,roof,fixtures,wiring,and
plumbing may be trade to structures containing nonconforming nonresidential uses.
G.When the nonconforming use of a structure,land,or structure and land in combination,is voluntarily
discontinued or abandoned for one year or more,the structure,or structure and land In combination,
shall not thereafter be used except In conformance with the regulations of the district In which it is
located.Where nonconforming use staters applies to a structure and land in combination,removal or
destruction of the structure shall extinguish the nonconforming use of the la [Repealed and
reenacted by ordm 97-09§2,1497,Ord.6245-0§1,1992.Formerly§17.3&001.
17J40.060 Parking.
A.A nonconforming residential structure may be enlarged or expanded without requiring additional
parking under Chapter 17,175 KIOC,as long as the number of dwelling units In the structure is not
increased.
B.A nonconforming nonresidential structure may be changed to another legal use without requiring
additional parking trader Chapter 17.175 KIRC as long as the new use of the structure requires no more
Amendmenh 10 VJBC Chapters 17 140,17.50.and 17 130
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 85 of 237
AGENDA ITEM #9.B.
PUBLIC HFARING ITEM 7•A AND 7.8
P&Z SPECIAL MEETING JULY 8,2015
parMns spaces than the previous nonco0orming use.[Repeaied and reenacted lby Or-&97-09§2,1997,
Ord.6245-0§1,1962.Fornsergy W.36.060).
17.140.070 Prior construction,
01MhIng In thts chapter requires a change in the plans,construction,or des%nated use of any building an
which artual construction was legally begun prior to the effective date at adoption or amendment of Use
ordinances cociffied in this fitie auW upon which acluall buiWing construction has been diligently carded
on.QRepealed and Ireenacte¢d by Ord.97.09§2,1997„Ord..86-IM 3,1°386;Ovd.82-45.0 51,1982,
Formerly§17.36.0701.
17140.080 lException.- unkyards.
Junkyards,as defined In Chapter 17.25 KIBC,bcated In any district Wher than an I Industrial district,are
a public nuisance and are not entikd to the protective provIsions of this chapter.I[Iejpeaied and
reenacted by Ord.97-09§2,1997;Ord.82-45-0§1,1.!992.Formerly§17.36,OWJ..
SjXCWA!p RPIRUflan of-obile homes dis1laced In c[Lwr I an use.
&-Da= 1,�forsa 0 mhits
WIPA
DA
1kbQML2d-rL
R.Mo Ite to mes r gtedun r his excr�qn shall�eet the WIowin�re %rgyLtnts.
L- ZErCsL&rArn Ii njpforLhe.Leqloq��tfion-
Rj _ _
2. An kjdbufldin rllpctrI;a gnd Y&�q" on qnoLbe obildhired
yjMqV_
njqgh reap and
HEMECE01artuUMV
4_-9t 5jjtjkac1k ct any ItL I pr Qp eirty II nts sjLail be maintained In the new locaHow
the lWRMnARfV
SlIalan4.
6._jai 2YfflLgf_flItyS0oLecdonj.
L- rhiLexcWtqn take ffeg up 01&
&L_ _ iLL-
:17.240.090 Exceptions,
When a let,structure,or use was authadied by the provisions of fomer Chapter 17.65 I08C concerning
arl applic2tion for an exception,but which does not meet the current requIrements of this title,It shail
be considered to have nonconforming status and he permitted to continue withIn the Hirnits set Wrth In
this chapter.filepeaIed and reenacted by Ord.97-09 92,1997,Ord 92-17§7,1992.Formerly
§17.36.090].
17.240.100 Definitions,
For purposes of Ns chaptpr,the following zoning.istricts are considered IresWential zoning districts,
WH-Wildlife Habitat Nstrift QChapter 17.40 KIBQ
C-Conservation Distkt JChapter'17.50 KISQ,
RD-Runal Development District�6liap0er:17.55 KlBQ
AR2.-Rural Residential Tym District(Chapter 17.60 MCI;
A ewments to WOC Chapters n714,17 50,,and 17.130
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R —Rural Residential District(Chapter 17.65 KIBC);
RRl—Rural Residential One District(Chapter 17.70 KIBC);
R1—Single-Family Residential District(Chapter 17.75 KI );
R2 —Two-Family Residential District(Chapter 17.80 KIBC);
R3—Multifamily Residential District(Chapter 17.85 KIBC).
For purposes of this chapter all other zoning districts are considered to be nonresidential zoning
districts.lord.97 §2,1997.Formerly 917.36,1 00).
Amerdmenh to KIBC Chaptors 17 140,17 50,L WW 17 130
Ordinance 1 - in Title 17 Zoning, r 1 ... Page 87 of 237
AGENDA ITEM O.B.
Kodiak Island Borough
Planning & Zoning Commission
Draft Minutes Applicable to KIB Ordinance No. FY2016-04
4 ul8,2015 Steal Meeting 5 30� .mry-Assam Chambers
CALL TO ORDER
COMMISSIONER ARNDT called to order the July 8, 2015 special meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance.
ROLL CALL
Requested to be excused was Kathy Drabek.
Commissioners present were Jay Baldwin,Alan Schmitt,Maria Painter,Scott Arndt.Greg
Spalinger,and Kyle Crow.Excused was Kathy Drabek.
A quorum was established.
COMMISSIONER BALDWIN MOVED to excuse Kathy Drabek.
Community Development Department staff present was Director Bob Pederson,Jack Maker,and
Sheila Smith.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SPALINGER MOVED to approve the July 8„ 2015 Planning & Zoning
Commission special meeting agenda.
VOICE VOTE ON M077ON CARRIED UNANIMOUSLY
PUBLIC HEARINGS
Limited to 3 minutes per speaker,Local number,486-3231,Toll Free number 855-492-'9202
Al Case. Amending KIBC Chapter 17.140 (Existing Nonconforming Uses and Structures).
Request an ordinance amending Chapter 17.140 KISC (Existing Nonconforming Uses and
Structures)to allow mobile homes displaced under AS 34.03.225 to relocate within existing
nonconforming Mobile Home Parks JKIBC 170.205.040).The applicant Is the Kodiak Island
Borough and the agent Is the Community Development DepartmenL The location Is
Borough wide and the zoning varies.
Director Pederson stated his open hearing on all the ordinances is one time because we're liable to
have the same people speaking and Just lake separate motions.
COMMISSIONER ARNDT stated we'll do them separate because they are listed separate on the
agenda,
Director Pederson stated first is the amendments to Chapter 17.140. Following your work session
last week we made the edits talked about. As we pointed out this ordinance will allow mobile
homes to relocate to the other existing mobile home parks without regard to the nonconforming
use status of those parks and the conditions that we talked about are there. Most notably,
17„140.085.0 we listed that exception takes effect upon adoption and sunsets an December 31.
2018. We changed the first sentence in A as we discussed the provisions of this chapter with
7/8/2015 P&Z Minutes Page 1 of 2
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 88 of 237
AGENDA ITEM O.B.
respect to nonconforming land uses shall not apply to mobile homes that must vacate.Those were
the two changes we talked about to clarify the language in A and to tie down the sunset dale in C.
In response to COMMISSIONER PAINTER'S inquiry if there is a current grandfather right,
Pederson stated it's a concept of law that a legal nonconformity as a use or structure that was
established prior to the dale of the rules that are now In effect that is not in compliance with those
rules,so a legal nonconformity, in the common term of grandfather, it has to pre-exist the date of
the rule that It no longer conforms to as established and it has to have been legally established.
In response to COMMISSIONER CROWS inquiry of are any of the nonconforming issues serious
or of great concern that granting additional mobile homes is what caused additional problems,
Pederson stated If you drive around some of the older parks some of the additions that have been
added on maybe too dose to adjoining structures so he's not prepared to say..What we focused on
in allowing the units to move into those parks was it's not likely that the land use of those parks is
going to change any time soon,at least two or three of the parks have existing empty spaces and
they can't rill those spaces without a change to the code, and the requirements we established in
this change are to focus on the basic lifelsafety element so the separation of structures determined
by the building officials who Implement the fire code and they have to have approved utility
connections and building and electrical permits. One of the key things for the building officials is
the GFI electrical outlets.
In response to COMMISSIONER PAINTER'S inquiry of does the commission want to be more
specific as to what we're changing In that code so that we know exactly what we wart as far as,for
example,is it the lot space that we want wider or fire apparatus,do we need to be more specific to
the change. Pederson stated no, he doesn't believe they do,the Fire Code is implemented by the
building officials through their permitting process and that's their responsibility„ he thinks the
changes we're making are specifically set forth there and he thinks that covers It,
COMMISSIONER SCHMITT MOVED to recommend the Assembly of the Kodiak Island Borough
approve the ordinance amending Chapter 17.140 KIBC (Existing Nonconforming Uses and
Structures) 1a allow mobile homes displaced under AS 34.031225 to relocate within existing
nonconforming Mobile Home Parks,and to adopt the findings of fact in the July 3,2015 staff report
as findings of fad for this code amendment.
Close regular meeting&open public hearing:
Judi Kidder slated the urgency of the situation is the clock is going lick took. Community
Development Department has done a great job putting these ordinances together and she doesn't
have a problem with a lot of them.The homes that are going in to these parks aren't going to be In
any lists of dangerous position than they already are. Expediting this change means that we can
get possibility four to eight people out of there.The way the trailers are In there,they have to come
out in a certain order.The sooner we can start getting people out the sooner others will be able to
be moved.Even it Rasmussen's was on board,some people who are going in there can't even get
their trailers moved until the ones are moved out from around them. Every single day this is
delayed for any reason is just doing us a disservice.This is kind of like an emergency order and
that's why this ordinance is being put in to place.We've wanted to move since we received notice
but because of borough ordinance we have not been able to act.Once these are past or denied
that determines our next step.We haven't been able to lake any of those next steps;we are sitting
and spinning our wheels waiting on this.The urgency is vital.
Close public hearing&open regular meeting:
COMMISSIONER SCHMITT MOVED to postpone this to the July I e regular meeting agenda.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
7/8/2015 P&Z Minutes Page 2 of 2
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 89 of 237
AGENDA ITEM #9A
Kodiak Island Borough
Planning and Zoning Commission Special Work
Session
Wednesday, July 1, 2015, 6:30 p.m., KIB CONFERENCE ROOM
special Work sessions are inbrmal meetings of the Planting and Zmft Commission for chscwsion items At0mugh
add bmal Kerns not hated an the Spada]week sessm agenda may be dsscuSaed when vlbod=4 by the Chair.
comcnissioners,or fflak no formal action Is taken at Spemal Y40M Sessions Items Mat retpre formal CommilMon SCUM
are placed an the Plawwrig and Zwwq Commission regular meeting agenda Citizen=merns at special work seaskwu
are NOT considered part of the offal record-CAlm comments Intended for lhe'affiend record'ahould be made at a
Placating and Zonmg Commission regular meeting.CiLizen comments will not be allowed regarding cases vAiich are
Scheduled for public hearing.
Page
I CALL TO ORDER
2. ROLL CALL
3. CITIZEN COMMENTS
Items not scheduled for Public Hearing.Limited to three minutes per speaker.
4. ITEMS FOR DISCUSSION
Mobile Home Park Code Discussions
2-9 a. Chapter 17.140 KIBC Existing Nonconforming Uses and Structures
Mobile Home Park Code Memo 6-24-15.pd
gKL,ring ll
10-13 b. Chapter 17.130 KIBC Public Use Lands District
Public Use Lanftip)d
14-150 C. Chapter 17.115 KIBC Mobile Home Parks
Mobile Home Pad(s.gdf
Updated MHP Information Packet 6-25-15.Qd
5. REPORTS
a. Meeting Schedule,
• July 8,2015 Work Session-6:30 p.m.-KIB Conference Room
• July 15,2015 Regular Meeting-6:30 p.m.-Assembly Chambers
6. STAFF COMMENTS
7, COMMISSIONER COMMENTS
a. ADJOURNMENT
Page I of 150
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 90 of 237
AGENDA ITEM #9.B.
AGENDA I .
Kodiak Island Borough
Community Development Department
' 710 Mill Say Road
°
Kodiak,Alaska 9WIS
Gila Phone(907)4BO-9363 Fax(907)486-9390
www.kodiakok.us
te: Jum24,2015
To: Planning and Zoning Commission
From:Robert H.Pademm,Al -
1,„2015 Special ft Code ChWXjes Regarding Mobile Horns Parks
At their June 11a' work session, Assembly directed the Commission to expedite
consideration of three changes to Borough Code related to mobile home parks. Those
code chapters are°
Chapter 17.140 KIBC—Nonconforming Uses and Structures.
Chapter 17 130 KIBC=. Public Use Lands District,and
Chapter 17.115 KIBC„ Mobile Home Parks.
This Information In this memo and the attachments should be considered as building
the background Information distributed to the Commission on June 49"
Staff also notes that the owner of Ra u n°s mobile home park has now riled a
conditional use permit application to expand the park to add 29 new ile home
spaces, The two expansion areas are adjacent to the existing park and were shown
the maps in the June 41"Information packet It is also our understanding that the sale of
Clark mobile home park has now closed,
Chapter 17.140-Nonconfairming Land Uses and Structums
As discussed In the June 4"'staff memo,one impediment lore ung mobile homes
from Jacksons to other existing mobile home parks is the status of those parks(except
Rasmus n's)as-grondfatho '(i.o,legal nonconforming)land uses
The June 4'packet lain a proposed amendment to the nonconforming
requirements that would address this issue and permit units to be relocated under
main conditions,The draft ordinance and proposed code changes are attached for
review and discussion at the special work session.
Chapter 17.130-Temporary storage of mobile homes In the PL zoning district
The June 4th staff memo noted that outdoor storage is currently allowed in four zoning
distn (&Business,RO- etail Business,I-Indushial,and LI-Light I ustnai)and that
there has been discussion about permitting temporary storage on publicly owned land,
Most Borough owned land amund town Is zoned L-Public Lands Other Borough
parcels are zoned Natural Use,Watershed,Consenration,Industrial,or R-2.
Page 2 of 150
Chapter 17-140 KIBC Existing Nonconforming Uses and Skructur,.
Ordinance No. FY21 - i Title 17 Zoning, Chapter 1 ,,. Page 91 of 237
AGENDA ITEM #9.B.
AGENDA ITEM#4.a.
'n,u draft ordoence,creates a scmfinn parmftng lerripouary storage of dispWcad rww:PbRe
homes do the PI..z.wing clwdcL f:Xher zoning cHsokts rrvay be consW,effld as we M,
As,drafted,1wnponary:m0orage wn,dd he 00wed wbJect to any caadifiom eslaWished
by khe undedyMq propwt v
owner,such as Wigth of Vme,dnqsurance,sift''cuF11y,socceRdno
etc
Chapter'11.1,15 Mobffo iHarrue Parks
A Copy of this uhapter of ucwxte ds allerhed Rm,P&Z discusskm of posyObtu changm
Nwa Staps
SU Of Necommends 11hatthe Cornrndsslon make any changas they d(mm nacesmary to the
17 140 amnwd 17 130 arneradments eind scheduW Rose arviendments kw a^spmeciat pubhc
headn oni JtOy Wh,Chianges la 17 115,MH MMy,mquke ndidWovv-4 dbcusnion A..t yciur
JWY Pwork sezaicm arKI a hearing sdwdulia delegm�ned aL ft$Vnw,,
Page 3 of 150
Chapter 17,140 KIBC Existing Nonconforming Uses and Structur.
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 92 of 237
AGENDA ITEM O.B.
AGENDA ITEM m ®
Intiodumd by Paine
Rejuawad or COD
!
Drafted by' 0
iralrothiced XXrAYJ2015
tau irs®risa:
3 tea'
4
5 KODIAK ISLAND BOROUGH
G ORDINANCE NO. FY2015-KK
7
$ AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
4 AMENDING CHAPTER 17,140 KIBC(EXISTING NONCONFORMING USES AND
10 STRUCTURES'TO ALLOW MOBILE HOMES DISPLACED UNDER AS 34.01225 T
I E RELOCATE WITHIN EXISTING NONCONFORMING MOBILE HOME PARKS
12
13 WHEREAS, As a second class Borough,, the Kodiak island Borough excercises
14 planning, platting, and land use regulations on an area wide basis pursuant to Chapter
15 29 40 Alaska Statutes;and
lG
17 WHEREAS, In accwdancevvitfiAS 2940,the Kodiak Island Igiamugh adopted the 2009
18 Comprehensive Flan update an December 0,2007(Ordinance No FY2 -10)to replace
19 the 1968 Comprehensive plan and
20
WHEREA% The Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In
77 accordance with AS 29 40 to rrnprerremi.the Kodiak Island Borough Comprehensive Plan,
1,11 and 24
25 WHEREAS, KIBC 17205010 provides that Mhenover the poetic necessity,
26 convenience, general welfare or good zoning pracbee requires, the asseoeibly may, by
27 ordinance and after report thereon by the commilisian and public hearing as irr~grriired Ihay
28 lawn, amend, supplement, modify, repeal of othe ss change these uira'lions and that
29 boundaries of the dlr ls$cts,"and
30
31 WHEREAS, The recent announced closure of Jackson's fw 'le Borne Park pursrrrarrt'to
37 AS 34.03 225(a)(4)+ail result In nearly 100 families being forced to relocate;and
1I:1
J14 WHEREAS, Many iDr the molbfie bermes in question may not be.allAe,to tea raaoved dim-in
;,f5 ego„structural;candalon,,or modiCcations over lime,and
'36
l7 WHEREAS, No other existing rnobrre homes parks In Kodiak cuffontly Ihawe:;a,Iprlri ow ill lirxr.
39 additional spaces to be added to those panes„and
39
40 WHEREAS, Most existing mobile home parks are noriCarifornift landll trees and
4 t expansion of nonconforming land uses is not permitted under Chapter 1"f 1413 K118C
42 (Nanconfayrmities);and
43
44 WHEREAS, `(here may be space available in exist ng nonconformling mobiiie horne
45 parks to accommodate additional mobile homes it the zoning regulations peirrn'ittlxi surbi
46 expansion,end
47
48 WHEREAS The Borough desires to relax the regu":atory requirements to Ipenmilit rnrcr&.ni4c
49 homes displaced pursuant to AS 34 03 225 to yet ate to existing Mobile home parks errd
50
511 WHEREAS, The Borough recognizes that in doing so certain zoning standards for
52 mobile home perks(evlll or may not be mast},and
Kodiak Island Borough Alaska Dadlnsniro INria r.'y�p„
....... rdilDt'h
Page t of
Page 4 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and tructur...
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17,,, Page 93 of 237
AGENDA ITEM #9.B.
AGENDA ITEM#4.a.
:GPI
4 WHIT "glns Iprragallitc I ecuns6ldy inind ge ner'sp rxranllruaraa of ittie co mnrmnarrrity Irrnaapr be Wllsr
5:"i ssrracrd!by rat rnarrudlrng hllar.cods to rrI'raarra rnxninte IPmanlrrmss Ito be relocate d Irandllntyr rinaarn requiring
56 strict o dherasruax 'iar auft6irv, srarrihrwgg rrarga.aifti r rents for irnobft trrrrnna IGaaalrlfrs,",and
57'
58 Wd IHEIRII;tIA!S, Aun,Mndiing hpps ,isr '1 7,1410 fdlllidr; t1l'r..1 kVtM Nwns'surnfalrr'rniung 'i.dsss smad
59 a;:mlrn,rc.Iurraas;Q grad"I'PIPaa Ww41 a acacrarvnrariish the stated parabhic inm,d;and
duo
i "sg II°I7II11!AS, The xiarrnng avid ZiMirn;I °cnrusslon hni)d rrra zossilalrrs rr slfadal
67 rrsaihrli
d'I,n In ir"raw I Ifrrzrlposra d d''ralrrrdes Wo Chanpniar°r 17 140 KOC amm July 7„2015 and
67 Iay Ifi„'7014',and
64
65 'InfltifiiliitA!Su, "II"IP'naa Pllaamnrntnq and Zraraliwnlg Comm":ilaurn sei asltdn Ilane for;wItrlis h1 put and
66 disa,nsrallcnr'n al raaadm warl Pr sessilcrr„and
67
619 W1IIII..:i 1EA!S, 7"Inra,PIlrarrdii Igg and Zwiiilrg Ccnrrnrrrissiaura held I:nna'tdc V,wavrngs,on J liigr Ii,'21095
69 send,71uIIy"15,Z)15 and 1011car tng Illnan Jaaig 75„;21015 pub ian Irmnsrau^apg„VIDIed Ito Ilrrara.-.,imp Wh0ir
70 mncorrnirrerrda iaarr's for mvIlsiicruvs'dllnl IL„Na,alpt rr 7 7.140I1-1a11lfiC$ra'ririd IBorougl i 7Asssrrabitya and
71
72 %uNBII-11E,IfdE,A!S, As p,asrd of thanilr rarcaarrnrren dspianrn to a'al;opit i,irar rawtsirararr to(,,hajI:sAsrlr 77.140
73 1-01311 rlPas Ptaaro-rvlrngg amnd 2:mrrlhng, Ocasarrnlissioiii a,dcilp:'re d I'iirrdirrggs aad If^wr,crp wil9clhi are aittwrinod
74 horsdau ns!Exhillaiii 9'„and
7.5
75 1111"III'kIEfIIEIG''ORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
77 fircerldiaid' If°II''Iprsl:
°78
79 Sanction 1. "II'llris amrchnnarnce it rats Igrurnersll and gnernwinaral naiaarR and sllnanllll i@yewir o ma
&110 part scud Vi IP.ii IImsltand Bono u,gh i of Ordirrrancesr
II I
R2 5,sa:diorn a"r "II"he amendments ndan eats IRo a7la;sllier 17 1410 KlIBC care rairaraa.he d as E,xlrull:rap A
&1
8.1 ADOPTEICa'II'Y Tllllii ASSEIIII Olf""ItititIC:KOI OAK ISLAINNIf)BOROUGH
65 THIS.................... Ir,:AY OF_...........,.......,......................................................2015
86
d'7
dfi KO!DIAIIC ISLAND IEWOIITOI.J II°p
B9
90
9I
I? Ada»rrcdl Friend,ISoroogh Mayor
93
194 A.I..I.E,S.II..
"75
96
7 „ ............
";air Nova IIf,Javier,Mdi Binrouolh,Cterk
'ratan
giG�P
alllllrprunnm IV�� raa rw q' s mrrrn IF77rITn=����
II^r1'ulBurull�Il,n In 7 a, �'urarli tai
IlNiiggra 2 irar",
Page 5 of 150
Chapter 17,140 KIBC Existing Nonconforming Uses and Struchdr..,
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 94 of 237
AGENDA ITEM O.B.
AGENDA ITEM#4.a.
chaptel;a 7,1410
EXIM111ING NOINCOINIFORMING AND STRUCTURES
i5eictWinv
Egpl)auutkIn
17"1411..10210 11111
.............
fivis iof recurd.
INN inicionif1w;vIlling loses of sU lwrtulm os,and taiixL
Pil VDIn0ruirkilon
jUinkpailds
of—n-bHe hgsqlllwu
EuvpOuins
Deftnhlbm
EnIplanatila"
"Hwinil a IIIot,slinictuov ar uSe WpIll1v awiftT,PIHIhl tathuladop'Voii IalllaiiI 01odfina,qi,o,,i i1q,dPdT,V11111' o I
i not i the IllIquirivirneinits RA ChIs Oulle,Pik 51W Ill I Ihaammm filled kna Wnfinue vdIffifin the 11111kirdits i I
!in ftis rhwiptur under swUS,ThNP Wriethwer'qpS iulf vionconflairilrding MWE
A.I lcoilffu u Vning 11A]IS rhiar IIlot width m 011 eJ Nin,01:11d Nff i Ill R HW�thd r6ohnuin ii 1peirivnh ted i ill R dii1c:Ill i Iuse
Ii ilfuni whlrjhlj lit ills I
13.IN ionconillannilivib SOuvilluiliv:r"Ifile'%jivurAlUve rs de.silened boatirommodate a;noguminlilaiimliniC um.,w 11allik w
inivelt val;d'ha Ifllht Ilrlr other dirweWpiment Ioalgiuillrrq mments lestalbliow.ld for the laind ism disullict hii whddip it Ills
lm"a,iedw mind
C:,iNNa ncan:lcirvnlmnr Uses, The iu:Te lia,whilli.1h hlqnidl airw1forslioucurr.s N Ibelfum,ys ivllui,i is wit a",irmIlUed'air
fiv 111I Mind use dimsk't lirn wll,dch ilA Js kicated,I arml reenacted by i 974Y)&T,
1!997N ILMi d,,82,4!5-fly§d,1932,,ruirmedy
17 240,102131 III nilirn'L
III!is 11hile Jintent all Pill,;chap teir I iai III i t thew.norbirwiWirrinafin w r.lcnVnJ$niwic'ii�a hg y at,11a it jjh%1vq1v1.
No nCjjMllr0!jr,lIra a MIR I IN, Will hi I'ar0clinmillng uses Nainwinfaiiinfling non irgs1lildclinTlel
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lecauctud by i 97.M§?,1997,;On) 819-18,0§2,11986;Olud,92,45�-0§11,1982 1 VOIIMiPrlljy§117,36 1
2 Noqjr4jinjqip%1nl;III plf irmord,
A inanconfairrmInji;Wit in any,goiRlIng i m I Iudlevdrcelualtimed as jlha.,irmiiuvd IpiroWded,Chat ft cal The
Rdeinonvkratvd Chat li'M ollheij,Cuirinnlij againlhlag distflict as sr.!N:blaidkl Wad jpavlkfingcon be
Met'I ji"thistl0e sPaIll be W jpirahllibillN the r.um JIL110.111111 of"claw-unfounlinis$Ichks w1hik.1l)are
fv'divxall)jtl MlifindSaled,�!Rrrrpealled i reenuirlirld I On&97-ill S2,1997�fird,W 04§71,.119191);(Aind 81-14 0
�L 19M i 52A'5--0§L 19132.FoirimierN§11.315 W%
Page 6 of 150
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur...
Ordinance Na. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 95 of 237
I--
AGENDA ITEM #9.B.
AGENDA ITEM#4.a.
'.'fl.'�',1ku�iC&.i �'IP�rc��anu.�.uiruW�uururrnP;un,�p�'R.u"asntt�huira:'�..
a,Any leg all s'C r uuu:tuire existing at'Rlhuc Bf fa cttrve diote o1i a dolikion our auum endnne wt of the a rdurvnarnr.:es
rodlthxd in this ttligue ddnar exnulad not be tin; uuundem the awillgii rgtt'ttxi nm^.s calf n iL%ttdddr.by tti cw'N'irestu,ickllu'.uuu,u
turn area,,Idrny xa'.u'wrwua,gbe„'fn iN;gWttutt 'yau'uss„rde iidlersray^and rri qu,ulreV gramrlkiirnlppu or Uhl” amerif iupsrUrs aar'rlhur
sitruud uurr mum Its i m:ahon rar'r'ttdwe,daad ttuwa'y°be cuarrili nuuad Erna laairlig as wtt rerruafim uadduieanawise d�epil,
d.Oradkiary relpallirsc„Ii nadwndttmug the irrs'pa Rlm DIr T ulfuRutt°ernerott air nuaills,a alaucu s„nuu'lanaduauwsti,ncucud„iii'wAU11 u,tt„Wiring,
aroatl IN:wlwurnblirM may uae ramrde to rr,rrrwaanrn'irur ufaw�sulir°wurttwir rs"
if-Ifdirurnarrrniamnrrnuangq resllde ntiM srinuc'ruuresu inniiiie dart r:viruldauulidead rmr exlfwuuua•Nui»a;6„pr•arowlh•ie d,ttttw«nu there acre nu
rrrdheir tDcatirW rriru.'ldrur dwrope ny,roar I oir tthm,stirucituig a awrir'unmNs over any Wit
Ililnnwr„and aldl tuRdi r P,rrmd'ldin'L Pro and auraralrudd rergrudreurrhernmu arr.rwc,Any ancroa dirmsrrun'm into reirpuudrurd
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wurndur d„gnalfrder d 7.1 l,5 1
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with the raggwllardiuq'rn,r,aniRni„010e ohs Mifruua tt'd umn does rncwd ljriidugdig ifll'nr ausgdll'u rrrddr ai g rr;!ggldea N.
Clfrir:ldur a'hr d airwd iruiernaruttuerd by iOrd.97,D9 lag,tt d 97d Orrad.82.4 5,0 rstt,Y'ddd'd.INunorrina*rlhd§173 G 041DJ
17,140.0,50 drNrarwcraunduarnrndun,g v1slus of au uttttrairues and bind,
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udaw rod aurdKnlFnIlaorn or'avunvirnrdunnie ntt iru'fl''&Ilne rurdlirwauvc.,,s loRS'd4fie d iI rhn s ttlhy'tlrti,p raspy Ilnar ttiontttiriivic°d: w da nr:lhpc ill
tur nakwns raddoerwwisrr IhegwaL
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I expanded as gaurnpd as 11ire vinthemmulurre.as netts„att a irprifridrwrnrw,,It he Ifkarlkirmd.aurowd Ihuuri&Mi n,d.rumttdrr
raagru iTe mnrrrntt s for aoffici a rur a eWAH use".
C h;•>,arnttailnu npg;rn¢auna.rnrnlin'.wrmnuuind resddeunddrrd use,Il�rsr.atterd in;ruiWarrROM xrmrridrag,;rdisttirl6t:R„rrn.ay rawnpy
I.exguarxdrrd iCd dgve rrrmrrwawsdunrnrndrogg Lisa of the stturwruiRri r dr eillimni na'tted,
D'd,trnua,raurET.wxawnraliwnGu nurrwrurra drurwx;puttgq rnauwrer:'ldeurrrpad'umes irmmayy murun,be.e'x',fuarumded.
C:,OncHruaryr r'rrlpnallis inr lhhudiirwgd the u''rrdr'air au'rrrlfulaaurr'e nd and wrradls doors,'wadunda'w,:5.F0 10t,d'u;r'ttrurer,wring,
and pl umundu'i ng rrnxyr LM M le to rrruun ores axura'ral'u nidrrgg;mnrururauundrurmi ng reside nttldall u.ises.
F Drudil nard rmnu'Nmrre narwae 6ux1lu¢udlnng rttow;r repair Trif wra'Alls,d uanms„wu i uttdarww,s,rruend dauirUres,a wwldrirnd,amrnd
gulluuump'ullrogd rr'nayrline rmiade iCir,s'ttriur:ruurrus u°on alfirwiunp„inaurwcsuinduvrrmilrn,g rehrwunru va&aduurui6:lltull uasurs„
I the flainc oindauirr cling rose sett a strur:duuine,darn q„snu'!imuclrureu arnd land in crunibllwnatticvru,its VDrarttarily
rdd,ra::rumutt'dn ur,nd air alfaarndarred for aaine year or rnrarrr,the'sttruclum,,anir utrraucr:uure and daunad In c'nmrwhdndrnatRo'w„
slhudp not ttlhurruradtter be u.usurd eAce;pa'tt in en n'Crnrnwaanri e.with the re,q;wuldalildaun:s of the diisttrlictt urn wwdn8rb do ds
d wirared 'k here rnoin arudrhrwmOrnpg uus',e rraruus arpagrd es to a Vii unrnuire aired dared in co ni hi nattlairl,rernwail enr
mdexrrrur:aiirwrw cad the s'tti nx.u.rr'c+rlhnaflll r:snrrw;yduulhssdn'ttde unrmw arndrYrrrnRin g use,gad ttpw.Iluurrd.lddrul wa'rwde d aired
arts nari er,dd1NDride970d&;2.,d'd97dgdrd,,F37.415•I0!J1,119 ..,g'rnurrhrrly lie9"k.,:dd.ddd le
1"d.tt,40Jdd,dndd drarddrngp'„
A,,du vionmrruu"wdurrrralun,gtt resiirde nifll.all"rifrrrcriuue rrna'yu I muungui lgg!ewd tact vimpan dvi d''wiC¢Ili riei grufiuling aidvdihttdarunall
parking r.urderr Chapter 17.11,7„'a oi as long as til v.rvigrrwllwir of duwir^Illlind i i in%IRV'"atructtioire yes pnol
dmuaanrraseld.
dd,da nUMMAIM111MIOP,awauuunuMadawaudl4al silrrucit"Te rnna'ya by r:iCnarup„e d to an nldl4muuir Ifel M me ww rilli iLA a''uurttnuirii nyg
�adrdllruarorua l parking under Chapter 17,1 1.5 IP&Illidtt,as Iknve is On,me w rasa,of the rrrmii req uiirwu.s roam rnnrnru
FVge,iii'or I ttD
Chapter 17.140 KIBC Existing Nonconforming Uses and Structur,,,
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... page 96 of 237
AGENDA ITEM #9.B.
AGENDA iTEM#4.a.
parking spaces than the praWous;nonconforming use.[Repealed and reenacted by Oil&97 09112,199,1;
Ord,112,45-0 S1.1982,Formerly§17.36.0601,
17.140.070 Peter construction,
Nothing In this chall requires a change In the plans,construic0on,or designated use i:A an(111lulildling nri
whkli actual ounstrucil was legany beguia iti to the effartwe date of adoption or amendinient of the
oftfiNiorl codiPed in this Vile and upon which al bullding constructlon has been d111lgeinVjli,ii:anileid
w tRepealled and reenacted by Ord,9749§2,207g Ord Sl§3 19816;Ord,82-45,01 1191142
Filarrietry§17.35 0701
17.140,080 Exception Junkyards.
JunkVarits,as defttei'a in Cli r 17,,25 1 kiiw�all In enly dWfti ol an,11
a public nulmnce wid are not entitled to the inuterlpm poMplMuni maf this still I�Repealed eitid
riminantied by Ord 1974M,§2 1997,Ord,111;11245,0§1,1922.larnwii y9p17.36 080,W
vslx�l QJ luld VIIII
all' as rotor u°ql droo m.' �u t aims 'a e..,,.
2:K!Itil29
ILM
Ilq
_dl ny
V 3C11,111M,111!kEeptlions.
When a lot,structure,,,or use was aiit6i:iii1lxii!d Illwy ffie pmutnuits oil forien,ir ChallAer d'7 ev ii 11015C ronceiiii0inn
an application for an exception,but which does net meet 11111he current requireml of dills 0ii1e,iiit shahl
be nramdxisktered i have noreonformhng stal and be astral to continue wi the bmits sell fii::wiii th Iin
IN%chapter,,[Repealed and reenacted by Ord.97(M V,1397;Ord 92 17 11,11992.Fri
§17.36 090,i.
17.140.200 Definitions,
For 11wilipases of this rhallnei,the TiAllaw*%zi:winlng Mstrllas ie le cwv0demiig neshlentall lunkin:Hisl1ii ids'
%illitli %11Nlflffllijle jjaljjamtaj 111�1i sijliitljrt IjChapteir 17,40 KHIQ
IC C1,11115'emg pin DiSU hn i 17,S)Ilid,DCilR
RD Ruirall Do4olipment WsUict JChall*oi 37 SS 11(111181cij,:
Rfil? Mir:0 11111risMeniliall u16VQ 11I)II31111111ICT iCiitajjlrm 17 SO M111111211;
.....................................
Page 8 of 159
Chapter 17,,140 KIBC Existing Nonconforming Uses and Structur.
Ordinance No. FY2016-04 Amending it 1 7 Zoning, Chapter 17... Page 97 of 237
AGENDA ITEM #9.8.
AGENDA ITEM#4.a.
RR-IRuulruu111 RiWdrimMM MitOct IGChajjptvir 1 F,55 11011VIC);
RR1-Mulull Resliderdall Ctine IIGIdt fliwl[Chqplpir U.°,0 Mij'�c)''
R I-ShrrgW4F,Rvwid1j(HaSidain'111114111 Dilistrk?,1q101[uhpter 1735 KIIBC,
R2 -TiMadFMiliV11110'^Ph"AdvintW111 Msurkt Q(`Ifiapter 11,8110 KIIHIQ�
R3 IMuudlltRaq.urnr 1110 RiWdenxiM MsTillin�,Chajj8'ntPir V R5 K111131CII,
rar pairpmer,of Chills chapter BAH uruuPnuuur • nillng dillskirkIls wra winsIdered to be nonire&1dejv[1:M 4nrIidit11g
dhslMds,1V10ird,19 1,09§Z,1997.II Flunnipirke '�3 6,1001�.
Page 9 of 150
Chapter 17.140 KI BC Existing Nonconforming Uses and Structur,
Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17... Page 98 of 237
AGENDA ITEM O.C.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6,2015
p ASSEMBLY SPECIAL MEETING
TITLE: Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6,
2015 Ballot in Each Area Affected by the Ordinance the Question of Altering
the Boundary of Road Service Area No. 1
ORIGINATOR, Bud Cassidy
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
Otmeloi Road is a State owned road and there is an opportunity to make substantive
improvements to it.The State will contract the work to make improvements with the stipulation
that the Kodiak Island Borough, by Service Area No. 1,takes ownership of the road along
with future maintenance responsibilities.
There are currently five properties outside the service area boundary on Otmeloi Way that are
to be included into the service area.The KIB code provides that an alteration to a service
area shall be initiated by ordinance and that the alteration shall not be effective unless it is
approved by a majority of the qualified voters voting on the question.The affected area is the
entire Service Area No. 1 and the lots being added to the service area.
An informational letter was sent to the property owners on Otmeloi way and a copy is
attached to the packet.
During agenda setting,the Mayor and Deputy Mayor suggested the addition of Tract B Miller
Point Alaska Subdivision be added to the Service Area.Tract B is owned by the Kodiak Island
Borough and contiguous to those properties fronting Otmeloi Way and may be accessed via
Otmeloi Way if developed.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-05.
Kodiak Island Borough
Ordinance No. FY2016-05 Submitting to the Qualified Voters o... Page 99 of 237
AGENDA ITEM #9.C.
Introduced bye Borough Manager
Requested by, Borough Manager
Drafted by- Special Projects Staff
I Introduced; 07130!2015
2 Public Hearing; 0BMW015
Adopted:
3
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2016-05
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS ON THE
10 OCTOBER 6, 2015 BALLOT IN EACH AREA AFFECTED BY THE
1 I ORDINANCE THE QUESTION OF ALTERING THE BOUNDARY OF
12 SERVICE AREA NO.1
13
14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to alter a
15 service area by Introducing an ordinance effecting the proposed action;and
16
17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not
18 be effective unless approved by a majority of the qualified voters voting on the question in
19 each area affected by the ordinance;and
20
21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to
22 obtain federal monies to improve Otmelol Way with grading, drainage, sidewalks and
23 paving, along with realignment and lighting as needed;and
24
25 WHEREAS, when improvements are complete, the ownership and maintenance
26 responsibilities of Otmeloi Way will transfer to the Kodiak Island Borough;and
27
28 WHEREAS, Otmelat Way is a state owned roadway that ties mostly within the
29 boundaries of Road Service Area No. 1. It Is proposed that Lots 6 and 7A of Block 5 and
30 Lots 1, 2, and 3 of Block 6 Monashka Bay Subdivision be included In the boundaries of
31 Service Area No.1;and
32
33 WHEREAS, it Is equitable that all properties fronting Otmeloi Way be added to the
34 Service Area No. 1 and contribute to its maintenance via a real property tax;and
35
36 WHEREAS, the Kodiak Island Borough does not have road powers as a second class
37 borough(AS 29.35.210);and
38
39 WHEREAS, service areas within the Kodiak Island Borough have been created with the
40 optional power of road maintenance and construction(KIBC Title 4);and
41
42 WHEREAS, Service Area No. 1 was created with the power of road construction and
43 maintenance(KIBC 4.70.010);and
44
Kodiak Island Borough,Alaska Ordinance No.FY2016-05
Page 1 of 2
Ordinance No. FY2016-05 Submitting to the Qualified Voters o... Page 100 of 237
AGENDA ITEM #9.C.
45 WHEREAS, property parcels benerdting from service areas are all taxed to finance
46 services within the service area;and
47
48 WHEREAS, Tract B Miller Point Alaska Subdivision is owned by the Kodiak Island
49 Borough and is contiguous to those properties fronting Otmelol Way and may be accessed
50 via Otmeloi Way if developed;and
51
52 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
53 BOROUGH that:
54
55 Section 1: Election. Upon adoption of this ordinance,the following ballot question will
56 be presented to the qualified voters in each area affected by the ordinance
57 at the October 5,2015 Election.
58
59 BALLOT PROPOSITION NO.1
60
61 Shall the boundary of Service Area No.1 be altered by the addition of
62 Lot S and Lot 7A of Block 5, and Lot 1, Lot 2 and Lot 3 of Block 6
63 Monashka Bay Subdivision and Tract B Miller Point Alaska
64 Subdivision?
4=> Yes
Q No
65 Section 2: Qualifications. A person who Is a qualified voter in each area affected by
66 this ordinance may to vote on the proposition.
67
68 Section 3: Effective date. The ordinance shall become effective upon passage of the
69 proposition to alter the boundaries of Service Area No. 1 by the qualified
70 voters and upon certification of the October 6,2015 election.
71
72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
73 THIS DAY OF 2015
74
75 KODIAK ISLAND BOROUGH
76
77
78
79 Jerrol Friend,Borough Mayor
80
81 ATTEST:
82
83
84
85 Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2016-05
Page 2 of 2
Ordinance No. FY2016-05 Submitting to the Qualified Voters a... Pagel 01 of 237
AGENDA ITEM #9.C.
ins
Kolibak Island Borough
OFFICE of the Al"A GER
710 hldl Bay(load
e ii i,:,Atultz"615
p.
Phurte(907)486-9301 Fax(907)486-9374
E•aasatle lya'sklt9st1
Jelly 21®2015
Residents of Ourchei Drive
RE-trade on Oct 6,2015 to pave Otmelal Way and to assume future maintenance.
INTRODUMON
Them is an opportunity to pave Onmeloi Wary from[be gale Ilion with Rezonof Drive(across the street from
fBoyside Fare p °at)to the other end of otmutai way nem,the ouncloi Way k1.Net only will this rtrject
pave the road,but it wim realign parts or it,the grade its retain areas will he lowered,street hides will be installed
and a wide sidewal° Ike path leading sap to North Star School will he provided. The State of Alaska(Chincloi is a
state ow D will contract and fund this effort BUT ONLY IF the Kodiak Island Borough takes over ownership
of the toad and Road Service Ama No. I provides future isminumancir responsibilifics such as grading.snow
removal and surifing.
WHAT WILL IT MEAN TO PROPERTY IE BOROUGH TO OWN OTNIFLOI?
Though there will be no initial cost or property assessment for ilia improvement to Otmelm Way,those who
property is within the boundary of Road Service Area d1(see attached mapl w4l begin in pay fear road mamumance
such as.snow plowing,sanding,ditch chmiaing ctc°through as property tax.
For the frva properties outside the service arim linumhuy and whose rivewayt access Ornickiii Way the Assembly
will be asked to place on the llot ibis Octoher 61h a vote to include thm properties Into she service area.
Should ballot question be approved,you too will begin to pay a pmpcny tu car the opevskom and mannimance of
this newly paved road,But this will only went if the Assembly agrees to place the question on the ballot,the voters
approve the question, the road improvements are completed and the this of the recid right of way is nernsfermil to
the Borough.
ASSFNIBLY
Ile Assembly will be resetting more an the subject at their Jolly 30 and August 6 meeting where they will
decide to place it an Rho ballot an August sith.
The Issue will also do discussed and questions answered at future Service Area and Assembly mccttngs.
Should you have any questions,please call the Borough at 486-9303.
Thanks
Bud C idy
Borough Manager
Cc:Mayor and Borough Assembly
Road Service Arc No.I Chaimsam and Bourd of Directors
Ordinance 1 Submitting to ll ... Page 102 of 2 7
O
a
OTMELOI PARCELS LOCATED VATHIN OR NEAR EXISTING ROAD SERVICE AREA#1
Cro
j
cast Morrashka BaY Raad i
These 6 lots will be added
E
� � � road service area
? into the
N fl, .�
CL
md
M; Il30111md e 1`111m.IIIIIMIII
awl
Y r Q f O(f
? � i rr i
� a
r�
i.
Of f u 4-
i
�r \,' ..�.`r .rr..rr rrrr .,,trim».r >�rr,,..% I��w uBm Wg IIN II mimntw.Alt btl9X tlIItY�fin
• ' ° W TP 4 WIaTwWnmr;Mq rMW'L,M'd w.rflw.pm VA�O W.r,......�..
Ilimiyvlw�^�m m tlmwtl,wo III ',I w&mwmiiu wtlwmmru,umr,
-J .ri
AGENDA ITEM #9.C.
Introduced by: Mayor Selby
Requested by: Mayor Selby
Drafted by: Community
Development Department Director
Introduced: 01/16/97
Adopted: 01118!97
KODIAK ISLAND BOROUGH
RESOLUTION NO. 97-05
A RESOLUTION DECLARING A WILLINGNESS TO ACCEPT MAINTENANCE
AND OPERATION RESPONSIBILITY FOR OTMELOI WAY WHEN IT IS IMPROVED
TO KODIAK ISLAND BOROUGH STANDARDS
WHEREAS, Otmelol Way is ranked as a priority 2 in the Alaska Department of
Transportation's IDOT) current Statewide Transportation Improvement Program
ISTIP); and
WHEREAS, one of the evaluation criteria for ranking road Improvement projects In
the STIP is: 'local, other agency or user contribution to fund O &M costs...for 1998
- 2000 S71P commitment must be in writing before points will be assigned"; and
WHEREAS, Otmelol Way is the primary access to North Star Elementary School and
the only access to the school during hazardous winter driving months; and
WHEREAS, Otmelol Way Is a state of Alaska road that does not meet Kodiak Island
Borough road standards for construction, and the addition of a walkway/bike trail to
the roadway is necessary to ensure the safety of students traveling to and from North
Star Elementary School; and
WHEREAS, the addition of a walkway/bike trail to the Otmelai Way improvement
project will provide an additional and important link to the Kodiak urban trail system
by linking North Star Elementary School with the other community elementary
schools, as well as several Borough parks, Ft. Abercrombie State Historical Site, and
numerous other community facilities;
NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT the Assembly formally indicates Its willingness to accept
maintenance and operation responsibility for Otmelol Way from the state of Alaska
once it has been improved to Borough road standards, including walkway/bike trail
improvements.
Kodiak Island Borough,Alaska Resolution No.97.05
Face Iof2
Ordinance No. FY2016-05 Submitting to the Qualified Voters 0... Page 104 of 237
AGENDA ITEM O.C.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH OF JANUARY. 1997
KODIAK ISLAND BOROUGH
11
Jero a M. Selby. Borou h M
1
Robin Heinrichs, Presiding Officer
ATTEST:
i / 17
onna F. Smith, CMC/AAE, Borough Clerk
Kodlok Island Borough,Alaska Resolution No.9705
Page 2 of 2
Ordinance No. FY2016-05 Submitting to the Qualified Voters o... Page 105 of 237
AGENDA ITEM #A.9.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6,2015
J�,, � �# ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel Oil Delivery
ORIGINATOR: Bob Tucker
FISCAL IMPACT: Yes$32,868.55 FUNDS AVAILABLE: Yes
Account Number: Please see detialed Amount Budgeted: $71,000
fiscal notes below
SUMMARY STATEMENT:
This contract will supply and deliver No.1 heating oil to KIB facilities. KIB facilities include the
Landfill/Baler Equipment,Aux Building, Chiniak Tsunami Shelter,Women's Bay Fire Station,
Bayside Fire Station,other rental facilities, such as the cottage building (720 Egan).The
benefit of the bid process is that we combine the quantity of heating fuel needed for the KIB
facilities with the quantities of fuel needed by the School District and the Hospital,for a bulk
purchase. Each entity is responsible for paying the fuel bills for their respective facilities, yet
we all receive a price break for the large quantities purchased.This is important for an item
that is a commodity where market value fluctuates wildly. KIB consumes approximately
14,300 gallons a year of No. 1 heating fuel in our facilities.
The bidding process is performed by the school district. Bid proposal instructions require
vendors to use an industry base cost(known as the Seattle OPIS price.This is a posted daily
price of heating fuel in Seattle). On top of the OPIS price each vendor adds their margin or
price to do business.The decision to award a contract is not based on the cost of the fuel
cost,but on the bidder's margin.The vendor that offers the lowest margin is selected to
supply the fuel.This way, as the market price of fuel increases and decreases,the margin
cited in the bid offering remains the same.
The bid packet for the heating fuel went out for a three-year contract. Results came back with
two bidders having different margins for No. 1 and No.2 heating fuel.With this being different
this year we are choosing to split the contracts between the two bidders for No.1 and No. 2
fuels as this was an option within the bidding documents.The lowest margin offered for No. 1
fuel was 0.486 cents.
These are the same terms the School District selected when it approved its heating fuel
contracts with Petro Marine Services at its last meeting.
Vendors No. 1 Town
Petro Marine Service 0.486
Petro Star 0.8602
Fiscal Notes
Building Account Numbers
Kodiak Island Borough
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 106 of 237
AGENDA ITEM #A.1.
KODIAK ISLAND BOROUGH
� AGENDA STATEMENT
, AUGUST 6,2015
ASSEMBLY REGULAR MEETING
All
Aux Building 220 232 450 360
Cottage(720 Egan) 220 241 450 360
Landfill/Baler 530 701 450 365
Equipment
KIB Bldg./Tsunami 220 232 450 360
Center
Women's Bay Fire 252 214 450 360
Dept.
Bayside Fire Dept. 250 212 450 360
Expenditure $3x,868.55
Required
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No, FY2016-11 to Petro Marine Services
for No, 1 heating fuel delivery to Borough Facilities for a three-year term based on the margin
of 0.486 cents above the average monthly OPIS quoted price,.
Kodiak Island Borough
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 107 of 237
AGENDA ! . .
KIBSD-FY15.09 Heating Fuel
RFQ Opening
Business Department
,tune 17,2015
10:00
Time lo`(2o
m,.mm.._ w� ...,.
Vendor Complete No Bid comments
„ �nn n ��� .........i
. .. �
V u
Lbx-
..m... r
. .
Present
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 108 of 237
AGENDA ITEM . .
KWS®f ClB FUEL.LLLO
Vendor Infortnadon
Business Name. �t—� c��C[►``gt: �v[T`�l TCICrt'[L �JB�
Contact Name: l Yro bavt%
Contact Phone Number. L}j^ 4$(o-37-45
Contact FAX Number. CID-?^4W&~'2-i)S
Mailing Address: .17cn win
Kc 661 kC NY- Ct9 t01,
t.oeatimn(Street address): IS `a It)r I(p4 str-te -
E-mail addmsr.
Threc Mear contract pricing
Dame off '+.$WZ(margin)4.&12051)cliacred price per gallon for Town#I®t 3,091P 16
Base•a L. 5+. . (margin) @r [kliveesd price per gallon fo Tonvo p 2=k,l•?yDS i}
Base*�7.ad�3S+tl8tf (margin) 011 Price per gallon for rnon-road system schools=#+.}2VW
-RIX Iw-W&S tall ShAt t4W1 I rd0a1 +f)Y-M g50°4- .Mt.j I+ 2015:
Tsu1.�za
Base--The averaged Searle OPIS rack price per gallon for the period commencing Apref-2015
Signalure
Ti[Ic °
Date
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 109 of 237
AGENDA ITEM M. .
Vendor lAmmflon
Euslaeu m
ContaaN S&Sr,nap's
Comact Phone Number 961-485-347-1____________
ConWFAXWumber —qr&—Ian?
tMalling Ad
T
Kali&k- & 4M=
Locadon(5ttnet a s);
E-mail addmw Cat.J11 Pact if4a
Three(3)year contna pricing
'a L.Cam+A2W(margin) Delivered price per 8WIDO fOr Town N!
BL%el + (m"n)-KnErDefivved price per gallon for Tom 12
Ek.e-e +A.18.((margin)w A21 !6priee per pllon for non-red em schools
t3asd' �}rosnged S t OA15 rack rice r gallon for the period commencing April 2015
Al
S<
Tide ,�
a°[L
Doc
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 110 of 237
AGENDA ITEM 4A.1.
KIBSD-FY15-08 Highway Fuel
RFQ Opening
Business Department
June 17,2015
10:05
Time 10'.10
..................................................................................................................................................................................................................................................................................................................................................................................
Vendor Complete � NoRld Comments
............................................................................ ............................................ .......................................... ...................................................................................................................................................
mekEA.........................................................................................................,V.................................................................................bc.id.....................................
�.."Ixv................ .................. ................v.:,!........................................................................ .................................
..........................................................................................................................................................................................................................................................................................................................................
.......................................................................................................................................................................................................................................................................................-1...........................................................................
............................................................................................................................................................................................................... ......................................................................................................-.......
.................................................................................................................................................................................................................................I.............................I...................................................
.................... .....................................
........................................................................................................................................................................................................................................................................................................................................................-.1........................
.............................................................................................................................................................................................................................................................................................................................................
...............................................................................................................................................................................................................I.................................:...............................................I........................................... ......................
................................................................................................................I............—................................................................................................................................... .......................................................................
Present
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 111 of 237
AGENDA ITEM #A.1.
KMSD MGRWAY FUEL DID
Vendor Infonna6an
a Ck,
Conaw Nam:
Contact Phonc Number
-HO --14J&-3 2:q
Contad FAX Number 0j,
Mailing Address- Q. PDX 114 V1
Location(Strw addm&%), —Sf Y-—ftf-
E-mail addrcss: r Oxw- CO
Three(3)year conauct pricing
Bm
• 2--*d--I—ft5ftax)+ "A(mm 1`9 1n)4313305 PH,I per p If o n fo r R e ga kr
Use"
(ru)+.7141 (margin)-3"TW5'P?ica per gallon for Dinci
�Utl 4C k omd ap at Moil Cjrwvqo
TQX ImElLOLS C41% SVa4, anA k h Ml +Q •t5 asvir3(jlqllzols�
TO
Base*-The aveml Seattle OPIS rack price per gallon for ifie month or=.2015.
DAW
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 112 of 237
AGENDA ITEM M.1.
K[B9D WIGHWAY FUEL UFO
VembrWonivifloa
BusinenName:
Contact Mince: M1 a,-2 d C-13
Caaw Phm Number 9M- qh-L3!L-,L,
COW PAX'Numbw.
Mailing A&mc
Lontion(Sired eddrw): Eghr".M,
E-mdl add=
'MM(3)your contract pricing
Base=ZLaL+p&L(tax)+ILYJ�' (margin) ZAPdL Price per pRom for Regdu
® a P1 price p i f d
er Sdon or month Aptil, 15.20
C.10 T T70OO'e"
ipgftu� —
Date
Contract No. FY2016-11 Borough Facilities o.1 Heating Fuel ... Page 114 of 23 7
AGENDA ITEM U.1.
722 IW HI BoY IRd
KiDdiak,AK 9905
llwir 907-411 r-2281-114 mc 100-481-008
E-mWll:WL4vM
UND-H 1541941EXTING RIEL RFQ
To whom is may concern-
'The Kodiak Island Borough Schnoll Disarict(KIBSID),the IKaaafuaaia Island Borough(KIS)and
Providence Kodiak request bids For the supply arnd defivery of 4 1 and NZ hcatins rucl to the road
-bee he
system schools,U3 recilities and Providence Kodimk.A specirecatiuns I is alwc d
0 All pfices imust Inc as del lycird W the limed kcilides.
4 Quotations most be received by 9 a.m.June 17,2015 at the KIIIBSID Shipping and
Receiving Office,722 W11 IBaay Road,Kodink,A lwlao."Lacy will be opened June 17,2015
100,0a.m.'iuitlwKIBSIDIBus4-i"Office-lorated in the old KodU High School win&
a A Local vendarprefirencc al'up to!0%maybe Vven to vendors maknaining offices.in
lCodink i IF rall other racwors are equal.
The KIND reserve the right to reject any or all bi&
"I'lle K118SID,the KIIIB and Providence Kodlak are equal opporlunkyernplc)yers mold
enconnage irrnirrawrity businms enterpriscs to submit bids.
Please im ark your Bid cnvelope as Rd lows-
KJBSD-FY 1 S-09-Henfing F'ucl RFQ
Kodiok Island Borough Sdhaol District
722 Mill Bay Road
I(Gdoak A 11C,9905
Sincerely,
sa4ULY DrAM&
Sandy IDaws,DimckoTofAccounfling-KIBSD
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 116 of 237
AGENDA ITEM 4A.1.
KIBSDIMB FUEL BID SPECIFICATION
The Kodiak Island Borough School District(KIBSD),the Kodiak Island Borough(KIB)and
Providence Kodiak are soliciting bids from qualified firms for the supply and delivery of N I and 02
heating fuel tot road system schools,supply to non-mad system schools,KIB facilities and
Providence Kodiak.
Each separate entity shall award:
A three-year contract commencing July 1,2015 and ending June 30,2018 to the
contractor 51.11brortflng the low MLg!!r&above the averaged Seattle OPIS rack price
per gallon for the period commencing April 10 and ending May 08,2015 for each
gallon delivered or supplied to the ICI BSD.KIB or Providence Kodiak.The
contractor's margin must remain firm for the to of the contract.
Documented price fluctuations throughout the contract period may change lite delivered price per
gallon monthly in direct proportion the averaged daily Seattle OPIS rack price per gallon for the
previous months Documentation of these price fluctuations,the calculations and the resulting new
price(s)per gallon shall be foxed to the KIBSD Maintenance Office,the ICI B Engineering and
Facilities Office and Providence Kodiak by on on the second business day oft month.
Example:If the Vendors cost was S 1,00 plus a$.19 margin(51.18 per gal)and the averaged price
change for the previous month was two cents per gal Ion.the price increase or decrease to K IBSD,
KIB or Providence Kodiak would increase(S 1.20)or decrease(S 1.16)of two cents per gal Ion For
the new month.
The delivered price per gallon for the rnonth of July 2015 shall be the averaged Seattle OP IS rack
price per gallon for the month of plus the contractor's margin.
All accounting and reporting shall be separated into three distinct contracts/accounts,one for
the IUBSD,one forte KIB and one for Providence Kodiak.
The contractor's delivery system shall ensure adequate fuel levels be maintained at all times.Costs
associated with deliveries made outside or normal working hours are to be borne by the successful
contractor.
The KIBSD reserve the right to reject any or all bids.
Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel ... Page 117 of 237
AGENDA ITEM M.9.
PROTECTION Op'lrROP 8"l Y AND SPILL PREY KHON:'T'lne co ntraclor sluall imoat datuage
or contaminate existing buuildings,crpuaipmaeunt,asphalt pawcuraerat,still,vegetation(such as trees,
shrubs and grassy on the co nmraetlimg agerac,y',s prop crly. U r the contractor darnnages or contaminates
any such buildings,a quailpme nt,asp hah,Ipavernent„soil or vegetation,or other facilities,tkrey,sh all
replace the damaged items or repair the damage at no expense to the crruntnraeuirng agency and to tine
satisractio n off thc:co ntraactiong necitcy- Further,should the contractor frail or re ruse to make such
repairs air replacements,the contirocling agency rnAay have said repairs or replacement accommpulished,
and the contractor shall be Viable for the cost tluercol'which may be deducted frann the amounts dace
under this caruntray.
The contr a"or shall take all measures as req uirmd by law to prevent petroleum,aril or lubricant
(P L)spills(hicluading ibaut not Il mhed tan,any spilling,leaking,pumping,Ipourirn&ernnottiung,
emptying,or daumpiing iiottoa or onto any land or water), lea tine eweunt,flue canan"cter spills many pol-
(iuncllurding,but not limited tab,gasoline,diesel fuel,fuel nail,lubrication oil,hydraulic oll or aviation
Fuel),the ca ntracmr shall be responsible For the containment,Clean-up,and disposal o rthe POL
spilled.. Slnouadd the contractor rail or reruuse to take the appnaopriaue containment,clean-up,and
disposal actions,the contracting agency may do so itself. 'Me co nwavor shall reimburse the
contracting agency for all expenses irncuuffed iuncluading rincs le'aieal by appropriate agencies or
federal or local governments.
SPILL .-UP: The contractor will be responsible for all fuel spill(s),caused by their negfigemce
what may occur daurirng,transit or fueling arpaeradons, Cooimuractors mug immediately report spillage to the
local Alaska Department or Environmental Conservation(DEC),and to the United Stoics roast Guard
Distria Office( USM),aru required by law,and dcliana-up the spillage. Failure to dab so will cause the
contracting agency to take corrective action and charge time contractor ranr all related coasts.
r'pMr"LWANCE. The contractor mug comply with all federal,state,Weal avid borough regulations,
codes avid laws;lac liobte For all required insu mnce,licenses,peFrraitts,and bonds;pay atli applicable
reder°al,state„local and borough taxes.
Please hale that the following estimated aaanu all quantities are for laird lnrormaliamm only and
are nut to the interpreted as guaranteed deliverable quantities.Weather condillons and
building occupancy will determine actual consumption.
Contract No. FY2016-11 Borough Facilities NO Heating Fuel ... Page 118 of 237
AGENDA ITEM #A.1.
KIBSD Facilities
Chiniak School #i 3,
East Elcrncnta Sch 1 2 25,
Kodiek j Sch I 2 165,000
Kodiak Noddle School #2 26,
Main Eleme 42 15,000
North 16,500
Pete n Elemcnta Schoch 2 17.000
1V, R d S°stem Sch is i I5B000
t1c D stirraated n1l irs 282®5
KIB Facilities
Aug nildin:p( l0 E an I x 1,200
BalerFaciGt+yn #I 4.000
Baler Facillt° #2 1 ®300
®a side Firc t #1 5,000
r�u h Buildin #2 153
Crs e X720 E an) #I I
hiniak Tsunami Shelter iT 500
Kodiak Fisheries Research Center 02 SMOO
Tod-7tak Fisheries artirients 2 12.000
Womeg Ba Flea t #1 2AGO
Old Business office #2 ,00t)
KIB Estimated, allans f 1 C
Providence Kodiak Facilities
Providence Kodiak �120,300�
Providencc Kodiak
vidence flmmtc
Contract No. FY201 ®11 Borough Facilities o,1 Heating Fuel ... Pugs 119 of 237
AGENDA ITEM #A.1.
IIGBSDfK].B FUE1,BID
Vendor Info iation
niusiness lqarnir!, ... .... ----------
Conlact Tqame� �..........
Ccinitnicil Phone Mium1ber: ........ .......
Cormau FAX NurrAmr. ....... ---
Minifing Aiddvvss� . .........
..........
11L.0cmdo"(&rcet Musa.d rcssY
E,mail address,,
Thirre,(3)year contmol prking
(rvlaiv0m)•im Defivexed price,rnir galRon fbr Tomm 9 1
F ...... Defivem-d pHce per galk.m ibr TE)wn 9 2
Base", . ........ R ir?,
p0on roar non madsystern scitoolls
Bow` "T"he avenAged Scaide OPIS nck price per Caflon for the perWd corniriuncing ApM 2015
......... ...................................
91MMUrc
�fl'kie.m............... ..............................................................
6��-I'r................................. ............................................................
Contract No. FY2016-1 I Borough Facilities No.1 Heating Fuel ... Page 120 of 237
AGENDA ITEM #A.Z
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6.2015
ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel Oil Delivery.
ORIGINATOR: Bob Tucker
FISCAL IMPACT: Yes$276,946 FUNDS AVAILABLE: Yes
Account Number: Please see detailed Amount Budgeted: $277,000
fiscal note below.
SUMMARY STATEMENT:
This contract will supply and deliver No, 2 heating oil to KIB facilities, KIB facilities include the
Landfill/Baler Building, Borough Building, KFRC, KFRC Dorms., and the new KIB Maintenance
Building.The benefit of the bid process is that we combine the quantity of heating fuel needed
for the KIB facilities with the quantities of fuel needed by the School District and the Hospital,for
a bulk purchase. Each entity is responsible for paying the fuel bills for their respective facilities,
yet we all receive a price break for the large quantities purchased.This is important for an item
that is a commodity where market value fluctuates wildly. KIB consumes approximately 101,800
gallons a year of No.2 heating fuel in our facilities.
The bidding process is performed by the school district. Bid proposal instructions require
vendors to use an industry base cost(known as the Seattle OPIS price.This is a posted daily
price of heating fuel in Seattle). On top of the OPIS price each vendor adds their margin or price
to do business.The decision to award a contract is not based on the cost of the fuel cost, but on
the bidder's margin.The vendor that offers the lowest margin is selected to supply the fuel.This
way, as the market price of fuel increases and decreases,the margin cited in the bid offering
remains the same.
The bid packet for the heating fuel went out for a 3 year contract. Results came back with two
bidders having different margins for No, 1 and No.2 heating fuel.With this being different this
year we are choosing to split the contracts between the two bidders for No. 1 and No. 2 fuels as
this was an option within the bidding documents.The lowest margin offered for No. 2 fuel was
0.4646 cents.
These are the same term the school district selected when they approved their heating fuel
contracts with Petro Star Inc.for their No. 2 heating fuel at their last meeting.
Vendors No.2 Town
Petro Marine Service 0.486
Petro Star 0.4846
Fiscal Notes
Baler Building Facility 530 701 450 360
Kodiak Island Borough
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 121 of 237
AGENDA ITEM #A.2.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6,2015
ASSEMBLY REGULAR MEETING
Borough Building 220 232 450 360
KFRC 555 758 481 120
KFRC Dorms 555 759 481 120
KIB Maintenance Building 220 232 450 364
Expenditure Required $276,946
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No. FY2016-12 to Petro Star Inc.for No.
2 heating fuel delivery to Borough Facilities for a three-year term based on the margin of
0.4846 cents above the average monthly OPIS price quoted.
Kodiak Island Borough
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 122 of 237
AGENDA ITEM 4A. .
KIBSD-FY15-09 Heating Fuel
RFQ Opening
Business Department
June 17,2015
10:00
Time 10'0
Vendor Complete I No Bid Comments
.. � ...,
�m ,,,, „ .. . _.. .,
Present
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 123 of 237
AGENDA ITEM .
SDAUB FUR,DID
Vendorinformndon
BusineuNrme: T rE—S "
G8 �} r
P{UP-1
conlactName: Tewf,- avl%
Contact Phone Number: q Lf7' 48b-37-45
Contact FAX Number Q �"4k'G-.52-05
Mailing Address: A.r)u& 11110
\Gt r rd kC. (r1L c1 ci(0I,
tacatiot(street address): 415- Jr11)r l(Of sfr-tf-- -
E-mail address:
Thre
Or cantraq pricing
Base•®97 4, (margin)f-.O1205 Delivered price per gallon for Tom 61= 3,O9101
•® � s+,4y!11 (margin) Ci 40 Delivered pries per gallon for"town#3 e s1 7 105,0
Base•�?,.t,�5+t1181{Ir (margin)7'j!Lj5 Price Per gallon for non-road system schools-$a•}ZaSL
.
TQX tntlatcL�S taiti SJZLJ haul f 4-tVUl +fJY-M GlSOf ,ill.) Ir ZO)S7,
I
Bawl'a The averaged Seattle OPIS rack price per gallon for the period commencing ApriQ01 S
Signature
Title
We
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... page 124 of 237
AA GENDA i . .
L
Vendor WonwWon
Busi ssNaroe --_ C&-M&rf.- ..fus --
Contaa N . TASm,'Elms
Contatl Phone Number. 961-Wh-7a Ll
ComdFAMunber -ga- 3
MallingAddram 10A iNri - L A7
L=Woo(Street a s): 5c rw�
E-mail addmsr x.0'14.
Thr (3)Yw contras peeing
*a 1 CrXf Aj&(margin)=ZZLVWived price per jolon for Town Y 1
Basel a +M&(margin).ZMM'Delivared price per gallon for Town 12
',ISLI+ .19 ( n)w 7,Z5'Price per gallon for non-road*Vein scimls
E DFlS rack rise r gallon for the period onmmencing April 2615
Si tuts
Title r
Date t•ILI
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 125 of 237
AGENDA ITEM #A.2.
KIBSD-FY15-08 Highway Fuel
RFQ Opening
Business Department
June 17,2015
10:05
rime IMID
Vendor te No Bid Comments
................................ ............................
7 -—--------------.. .......... ......................
=Str ................1 .... ......................................
................I.I.I.I.,.111'..,—,,.,."""""",'ll""I'll""I'll",.11.1.1.1-1-1-1-1.1.I.I.I.I.I.I.I.I.I.I.I.I.I........................................... ..........................................'I................... .....................................
.............I.,.................I............. . ............................................. ........ ... ........
...................................
..............................................I.I.I.I.I.I.I.I.I.I.I.1.1.1.1-1-I.I.I.I.I...................................11........... ............... ....
..........................................................--.-......................... ..................................................................................................................
................................................ ................................................................................
................I.,.,...............1111............................................................................ ....
................ ................... .....................
--------------
Present
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 126 of 237
AGENDA ITEM #A.2.
KWD HIGHWAY FUEL DID
Vandor Infomuttion
Susinm Now: 94 tr G �Na C, ,
Contact Phow Number
Contact PAX Nwnben
MailingAddrm-
Locati on(Shuto ):
E-mail address: k
Thin(3)yea contract pricing
—2ft*tax)+ 3 (margin) Price per pito,for Rep la,
Base" L06'(1ax)+. 4 (margin) v Price per gallon for Diesel
r-Ut-1 4LI k JMCV-d LAP&t Mill PA[I"', 3 Ul', 1,
TO InchlAtS ctil $VaW, a k4 nA ml taxes aso�
TO
9we*-The RVOMSMUO OPIS rack price per SaWn for the month or=.201 S.
Si m�,L
—Title r, I
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 127 of 237
AGENDA ITEM #A.2.
XTOSD HIGHWAV FUEL HM
Vendor Inforimflon
Busiawwarne:
Coxfta Ph=Number
CoaudFAXNumber
Midling AWmc
A k...-qk
LocWon(Stmt addrm):
06
E-mdl iddren:
Thme(3)yearoxftact pking
BM'-Z +&-wt +AnC(Mar&)-ZAM&Pdca per StUon farResdar
Bue-L-Lw-+OP—% (tu)+n mr(m-&)- Pflca per on for Diewl
A
Ban" a 1 p rice per SdIon for the month afApdl.2015,
si
Tide lie
Date
Contract No. FY201 1 Borough Facilities No. 2 Heating Fuel... Page 129 of 237
AGENDA ITEM #A.2.
722 MW Ifty Rd
Kodiak,AK 9960 5
Mhune;9074111-221.3-Fax:907-421-60 09
E-mail.skLv '
IUBSO-TY15 09-HEATING FUEL RFQ
To whom it may concern,
The Kodiak Wand Borough School District(KIBSD),the Kodiak Island Borough(1013)and
Providence Kodiak requesi bids ror Rhe supply and delivery o r4 i and 42 healing(bel go the road
system schools,KlB facilities and Providence Ko&L A specification sheet is attachcd4
All prices must be as delivered to the listed Facilities.
Quotations musl be received by'9 a.m.June 17,2015 at the KIBSID Shipping and
Receiving Office,722 Mill lBay Road,Kodiak,Alaska.They will be opened June 17,2015
10:00 a.m.in the KIM Business Office-lowed in the old Kudiok High School wing,
II.,ocai vendor prcrerctice oCup to 101/6 may be given to vcndoirs miWainlng offices in
Kodiak irail other raclors are equal,
`Mc KRBSID resme khe right to reject any or al I bids.
'Me KgBSD,the KOH and Providence Kodiak are equal opportunity employers and
encourage minority business enterprises to submit bids.
Please imaark your Did eavelope as rbllows:
KIDS1D.-TY15-09-Henting Fuel RFQ
Kodiak island Borough School District
722 MHl Bay Read
Kodiak AK,99615
Sincerely,
Sa*u;ty Dawk
Sandy Daws,Director of Accounting-K I IBSD
....................
....................................
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 131 of 237
AGENDA ITEM #A.1
KIBSDIIUB FUEL BID SPECIFICATION
The Kodiak Island Borough School District(KIBSD),the Kodiak Island Borough(KIB)and
Providence Kodiak are soliciting bids from qualified firms for the supply and delivery of 01 and 92
heating fuel tot road system schools,supply to non-road system schools,KIB facilities and
Providence Kodiak.
Each separate entity shall award;
A three-year contract commencing July 1,2015 and ending June 30,2018 to the
contractor submitting the 12ZMLM1E&above the averaged Seattle OPIS rack price
per gallon for the period commencing April 10 and ending May 00,2015 for each
gallon delivered or supplied to the KIBSD,KIB or Providence Kodiak.The
contractor's margin must remain firm for the to of the contract.
Documented price fluctuations throughout the contract period may change the del ivcrcd price per
gallon monthly in direct proportion the averaged daily Seattle OPIS rack price per gallon for the
previous month.Documentation of these price fluctuations,the calculations and the resulting new
price(s)per gallon shall be taxed to the K D Maintenance Oflice,the KIB Engineering and
Facilities Office and Providence Kodiak by noon on the second business day oft month.
Example:irthe Vendors cost was$1.00 plus a LIS margin($1.19 per gal)and the averaged price
change for the previous month was two cents per gallon,the price increase or decrease to KIBSD,
KIB or Providence Kodiak would increase(S 1.20)or decrease(St.16)of two cents per gallon for
the new month.
The delivered price per gallon for the month of July 2015 shall be the averaged Seattle OPIS rack
price per gallon fort mouth of plus the contractor's margin.
All accounting and reporting shall be separated into three dislind contractslizecounts,one for
the KIDSD,one rar the KIB and one for Providence KodiaL
The contractor's delivery system shall ensure adequate fuel levels be maintained at all times.Costs
associated with deliveries made outside ornomai working hours are to be home by the successful
contractor.
The KIBSD reserve the right to reject any or all bids.
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 132 of 237
AGENDA ITEM 4A.2.
PROTECTION OF PROPERTY AND SPILL PREVENTION:The contractor shall not damage
or contaminate existing buildings,equipment,asphalt pavement,soil,vegetation(such as trees,
shrubs and grass)on the contracting agency®s property. If the contractor damages or Contaminates
any such buildings,equipment,asphalt pavement,soil or vegetation,or other facilities,they shall
replace the damaged items or repair the damage at no expense to the contracting agency and to the
satisfaction or the contracting agency, Further,should the contractor fail or refuse to make such
repairs or replacements,the contracting agency may have said repairs or replacement accomplished,
and the contractor shall be liable For the cost thercorwhich may be deducted from the amounts due
under this contract.
The contractor shall take all measures as required by law to prevent petroleum,oil or lubricant
(POL)spills(including,but not limited to®any spilling,leaking,pumping,pouring.emitting,
emptying,or dumping into or onto any land or water). In the event the contractor spills any POL
(including,but not limited to,gasoline,diesel fuel,fuel oil,lubrication oil,hydraulic oil or aviation
fuel),the contractor shall be responsible for the containment,clean-up,and disposal or the POL
spilled. Should the contractor fail or refuse to take the appropriate containment,c1can-up,and
disposal actions,the con cling agency may do so itself. The contractor shall reimburse the
contracting agency for all expenses incurred including fines levied by appropriate agencies or
federal or local governments.
SPILL CLEAN-UP. The con=tor will be responsible for all fuel spill(s),caused by their negligence
that may occur during transit or fueling operations. Contractors must immediately report spillage to the
local A"-a Department of Environmental Conservation(DEC),and to the United States Coast Guard
District Office(U CC),as required by low,and clean-up the spillage. Failure to do so will cause the
contracting agency to take corrective action and charge the Contractor for all related costs.
COMPLIANCE: The contractor must comply with all federal,state,local and borough regulations,
codes and laws;be liable for all required insurance,licenses,permits,and bonds;pay all applicable
federal,state,local and borough taxes.
Please Pote that the following estimated annual quantities are far bld infarmalion only and
are not to be interpreted ns guaranteed deliverable quantities.Weather conditions and
building occupancy will determine:actual consumption.
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 133 of 237
AGENDA ITEM #A.2.
KIBSD Facilities
Chi niak School T——3,666
East Elementary School 42 25,000
KGdis i chool 92 165,01M
Kodiak Middle School #2 26,0W
Main ElernentIg School 42 15.000
North Star ElementaEX School #2 16,500
Peterson ElementaEy School #2 17.000
Non-Road System Schools #1 15.0M
KIRSD Estimated Rallons 282.500
KIB Facilities
............................................ ....... .......................
...................
1 4,000
.. ..........................................................--
Baler Facilhjr,.............................................. 42 13,300
#1 5,000
all N2 1 15,500
........ .......I.,.,.,...........—
2200
Cotta 0 #1 1,
..............
Chiniak Tsunami Shelte!
........................ .......!!..........
Kodiak Fisheries Research Center #2 55,M
— ................
Kodiak Fisheries 92 12,000
.................................................................... .................................—
w N1 2,4001
Old Business office .............................. 0-2 .............6,000"""
................................116 L
........................ MR�m....................
Providence Kodiak Facilities
—Providence Kodiak ................................ ......
Providence Kodiak
1-1.........................................................................
1".f.'...ER.y 1 d e.n c.,a .,s I i.mnted,.&qj!p I
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel— Page 1 34 of 237
AGENDA ITEM #A.2.
K-1115M.113 FUEL BID
Vendor I nfonnation
Busiviess Naime.-
CO WLAC[NZOW, ............ . ..............
(,"imptact Phoinio,Number:
(:'wuacl FA X'Nua ibtii%
Naaffino Adidiress�
...............
bxafion(1,5ii,recii nddres)�
E-mad address,
Th[me 1(3)year conlract piricing
f, (rnaTln) Defivered price per gaillon rair To:%vlrl,4 I
("mughl) .................................... [kfivemd pnir.;e per g allI acr rear"Tumm ff 2
(Irvargin) Pflce pcir gaflori irair riars-road system whmds
.......................
Basell:-The averaged Seattle OP IS rick primper gallkwi rnir the period icoma irmeridng Apimi:l 2�O�115
................................................
J�rj�,atmim
T� ................
1110C
"a'e........................................................................................................................................................
Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel... Page 135 of 237
AGENDA ITEM #A.3.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
,f AUGUST S. 2015
ASSEMBLY REGULAR MEETING
v W'em'....o.. A'MIWli,�ld�
m
� III J l
TITLE: Contract No. FY2016-13 Aerial Imagery Acquisition.
ORIGINATOR: Paul Vandyke
FISCAL IMPACT: Yes 70,000 FUNDS AVAILABLE: Yes
Account Number: Amount Budgeted: 70,000
SUMMARY STATEMENT:
This contract is for the acquisition of aerial imagery for the southeastern section of the Kodiak
Island archipelago.This area is the continuation of the multi-year imagery acquisition plan
developed by the Borough's IT department with input from the Assessing, Community
Development and Finance departments.This imagery acquisition plan is outlined in the
Borough's GIS Strategic Plan.
Imagery in the GIS system is used on a daily basis by the Borough to create digital, hard
copy,and online maps to support zoning,engineering, emergency planning, land use
analysis, property addressing,and assessment efforts of all the Borough departments.
By collecting designated areas of the Borough each year, our imagery acquisition schedule
maintains a level budget,ensures adequate and accurate coverage,and supports the efforts
of the Assessing Department as they schedule their remote assessment trips.
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No. FY2016-13 with Kodiak Mapping of
Palmer,Alaska for Aerial Imagery Acquistion in an amount not to exceed$70,000.
Kodiak Island Borough
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 136 of 237
AGENDA ITEM #A.3.
Kodiak Island Borough
MEMORANDUM
TO: I lonomble Mayor and Assembly Members
THRU: Bud Cassidy,Borough Manager
THRU: Karl Short,Finance Director
FROM: Paul VanDyke,IT Supervisor
SUI3JECT: FY2016 Aerial Imagery Acquisition with Kodiak Mapping,Inc.
DATE: 7124115
The attached professional services agreement is this year's contract with Kodiak:Mapping,Inc.
to collect aerial imagery in the southeast area of Kodiak Island.
This collection continues our multi-year plan to update the Borough's GIS Imagery base layer.
Our plan was created by the Borough's internal Property Steering Committee. This workgroup
consists of representatives in the Assessing,Community Development,Finance and IT
departments as well as the Borough's Resource Manager.
This year's collection was planned to assist the Assessing Department and coincide with their
planning cycle for the remote assessment trip to the southeast section of the island.
The GIS Strategic Plan outlines many of the benefits or having a regularly occurring imagery
collection plan,including supporting zoning,engineering,emergency planning,land use
analysis,property addressing and disaster preparedness.
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 137 of 237
AGENDA ITEM . .
�.a.8 '"
JP P I
.,.rrr . .. ..
KODIAK ISLAND BOttOUGH 2015 SOUTHERN COAST IMAGERY
D[Gt7AL IMAGERY
TASK ORDER RfSP'ONSE AND COST
FuLY 24,2015
Mr.Paul Vandyke
IT Supervisor,Kodiak Island Borough
710 Mill Bay Road,Room 230
Kodiak,Alaska 99615
Mr.Vandyke,
Pursuant to the ongoing relationship established by Kodiak Mapping Ines(KMII response to the Kodiak
Island Borough's 2013 Remote Sensing RFP,KMi has prepared a technical evaluation of your scope of
work accompanied with a cost proposal.
We look forward to the possibility of working with you on this project,and we're excited to work to-
gether with the Kodiak Island Borough to develop future solutions to your data needs.
Regarrjs,
Kevin Quin P
President
Kodiak Mapping,Inc.
Contract No. FY 2016-13 Aerial Imagery Acquisition. Page 138 of 237
AGENDA ITEM #A.3.
Kodiak Mapping.Inc.(KMI)was tasked with planning the aerial acquisition Digi-
tal Imagery for the 2015 South Kodiak Coastline data acquisition project.
APPROACH PLANNING
KMI has prepared the following project diagram depicting the project limits
based on shape-roles provided by KI B and our subsequent discussions.
I
i
Aerial Photography
KMI will collect digital metric quality 4-band(R G,B,NI )imagery at an altitude of
15,000-foot AGL for an approximates pixel resolution of 1.5-foot pixel. Indexed
raw imagery will be provided for the entire area depicted by the Yellow polygon.
Tiled orthapoto imagery will be provided for the orange 2-mile coastal buffer
outlined in red.
KMI intends to utilize existing surface models where applicable for the genera-
tion of the orthophoto surface.however,we understand that these surfaces may
need to be updated or modified on an""as needed"basis.
Project Control
KMI Intends to utilize our existing control network for the majority of this pro-
ject,2014 data acquired for the communities of Akhiok and Old Harbor will be
utilized where feasible,
Contract No. FY2016-13 1 Imagery Acquisition. 139 of
AGENDA ITEM #A.3.
KIB is responsible for providing any additional control points that may be neces-
sary(specifically in the northwestern extents of the project area). KMI will assist
the borough(on site)in an advisory capacity on the implementation of this con-
trol. KMI will also be responsible for processing the control values collected by
the Borough.
If local CORS data is not available,KMI will operate a minimum of one GP5 base
station.in the vicinity of each project area during acquisition.
SCHEDULE~&TIMELINE ,I ,7 ill
The aerial photography is planned for acquisition during the 2015-2016 flight
season during snow free conditions.KMI understands that the contract may not
be finalized in time for ample flexibility with regard to sun-angle.However,we
intend to monitor the solar angles and we will strive to acquire the best imagery
possible given the circumstances.
The ground survey schedule wfll be determined at the time of NTP.
The raw imagery data will be provided to KIB in late 2015.The tiled orthohoto
product will he provided to the Borough no later than 1 May,2016.
KMI will provide the following products for this project:
Pall of 2015
• RAW natural color(RGB)imagery In Tiff format
• Photo center index In KMZ format
"spring of 2016
• Tiled orthophoto mosaic in TIFF format
• Tile Index in KMZformaL
All data will be delivered on external hard drive media.
Contract Y - Aerial Imagery Acquisition. 140 7
AGENDA ITEM .3.
PROJECT ESTIMATE
Component Cost
Mobilization $15,000.00
Acquisition $26,932.00
Processing $28,068.00
Total $70,000.00
By signing this page Kodiak Island Borough agrees to proceed with this project.
KODIAK ISLAND BOROUGH CONTRA(,, R
Charles Cassidy,Borough Manager Kcvin Qamn,President,Kodiak Mapping
k
ATTEST,
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 141 of 237
AGENDA ITEM #A.3.
PROFESSIONAL SERVICES
THIS AGREEMENT made this day or 24 July 2014, by and between the Kodiak Island Borough (KIB) and
Kud Ina Mapping,1nc.(KMI).hereinafter called the Contractor.
W I TN E S S E T If:
That the KIB and Contractor For the consideration hereinafter reelted agree as Follows:
1. P t. The Contractor agrees to perform all services necessary for the completion of
aerial imager) acquisition as identified in the Contraclor's proposal dated Ma) 31, 2013 and one 'Task Order
Response and Cost' proposal dated July 241"', 2015 The services provided shall be of professional quality,to the
degree of skill and diligence normally employed by professional contractors or consultants performing the same or
similar services at the time said services are performed,
2. Job Co matencement and Perfiarman e. The contractor will commence work on this project after die 6th day of
August 2015.
1 P i i aft_ay_er.The project manager shall be the IT Supervisor of the Kodiak Island Borough or his designee.
4. Car MpgnsMLJqM The Kodiak Island Borough agrees to pa) to the Contractor as compensation for services an amount
not to exceed the amount of S70,000.00.
5. EqXMInt. All requests For payment shall be for work completed unless otherwise agreed to by Kill The
Contractor shall provide any additional inforniation to KIB which may be reasonable in support or on) payment
request.—M2mdilLinvoic-_s shall be delivered to K113 no later than the end oFthe month and shall be paid within thirty
(30)days from the date of the invoice unless KIB shall notify the Contractor in writing of its reason for not making
payment or the sums requested. A service charge of one and one half percent(1.5%)per month may be charged
an balances not paid by KIB within the terms stated above.
6. ingimniflUJIon. The Contractor specifically obligates himself to the Kodiak Island Borough in the following
respects to wit: (i)to indemnify the Kodiak Island Borough against,and save it harmless from any and all claims,
suns, or liability, on account or any negligent act or ornission of rte Contractor, or any of his officers, agents,
employees or scr%ants;(h)in pay for all materials furnished and services performed under this Agreement.
7. Insu nee. (a)Contractor shall at all times,at its own expense,keep in force the following described insurance for
protection against the claims or employees or other persons, insuring both the Contractor and the Kodiak Island
Borough against liability that mm,�accrue agaimi them or either of them in connection with Contractor's performance
under this assignment,
(i)Insurance in at least the required statutory amounts,covering claims under Worker's Compensation,
disability benefits and other similar employee benellt acts-,
(2)Public Liability Insurance covering bodily injury,death,and property damage with combined single limit of
not less than$2 million;and
(3)Professional Liability Insurance in an amount ornot ins than s I million.
(b)If Contractor fails to comply with die insurance requirements or this Agreement,the Kodiak Island Borough may
terminate the Agrecrincrit on ten(10)days written notice-,
ur op,.o nor$
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 142 of 237
AGENDA ITEM #A.3.
(c) Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which
a Purwit may commence a civil action as prescribed by the applicable statues of limitations.The coverage required
by this Agreement shall over all clams arising in connection with tile performance of Contractor under this
Agreement,whether or not asserted during the to of this Agreement and even thou ghjudicial proceedings only not
be commenced until ancrthe expiration orthis Agreement;
(d) IfComracmr is self-insured the Kodiak Isinild Borough will require it statement to that cBect,
(c) Certificate of Insurance for liability and errors and omissions insurance,especially for Contractor acting as agent
(slat if self insured).and
(I) Kodiak Island Borough must be limited as"Additionally In5urcif'.
S. Clut ln% (a)Partial payments for work performed under this Agreement wi I I equal the value of the work done by the
infractor at the agreed price,less file sum of previous payments a s p rovided above;provided that rise Contractor is
nor indebted to the Kodiak Island Borough or anyone else for professional services,fringes,taxes,supplies,materials,
equipment,rental or other proper charges against the services covered by this Agreement. The Contractor will,upon
completion of the Scope of Services and before final payment, furnish file Kodiak Island Borough with reasonable
evidence that all services. labor,materials and equipment have been paid for in full.(b)The Contractor must notify
the Kodiak Island Borough or its agent of any and all claims for costs in excess of the contract amount within ten(1 0)
days of incurring such cost,
% Chian 1O,.ffjndry i- carfaans (a)The Kodiak Island Borough may,at any time by written order signed by the Project
Manager or the Kodiak Island Borough.make changes in the specifications for services hereunder or in the project
schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether
initiated by Contractor or the Kodiak Island Borough must be agreed upon in%
%-riling by both parties hereto,subject
to[lie contract and sale provisions of the Kodiak Island Borough Code, (b)The cost or credit to the Kodiak Island
Borough resulting from a change in lice services or in the project schedule shall be determined as follows:
(1) by Mulum acceptance of a lump sum properly hemaLed and supported by sufficient substantiating data to
permit evaluation,or
(2)by the hourly fees stated in One Contract Documents or subsequently agreed upon.
10.Emqfflu
11RD-2 The Contractor shall prosecute the work in a prompt and diligent numner whenever such
%vork or any part of it becomes available, in order to promote the general progress of the entire Project. Upon
written request by the Kodiak Island Borough. the Contractor shall furnish to the Kodiak Island Borough such
evidence ns the Kodiak Island Borough may require relating to the ability of the Contractor to complete tile project.
IL Ill the event the Contraclor's performance is delayed or interfered %with by acts of the Kodiak Island
Borough.or any other justifiable cause beyond the control or the Contractor,he may request an extension of fime for
the performance of same.
12. Ankija%Lyls.The Contractor shall obtain and PaY for all rmits®licenses and official inspections made necessary by
his work,and shall comply with all laws.ordinances and regulations bearing on his work and the conduct thereof.
t3®&22_W_9dL (a)If the Contractor fails to correct defective services as required herein or persistently fails to carry
out the project in accordimcc with the Contract Documents.the Kodiak Island Borough. b% a written order signed
personally or by an agent may order the Contractor to stop work,or any portion thereof until the cause for such order
has been eliminated,however,this right ofthe Kodiak Island Borough to stop work shall not give rise to any duty on
the part of the Kodiak Island Borough to exercise this right for the benefit of the Contractor or any other person or
entity. (b) If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents
and fails within fourteen(14)days after mccipt of written notice from the Kodiak Ishind Borough to commence and
W5
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 143 of 237
AGENDA ITEM 4A.3.
continue correction of such default or neglect with diligence and promptness,the kochak Island Borough may®aficir
seven(7)days follow ing receipt by the Contractor of an additional w6lien notice and without prejudice to any other
rcurc-dy it may have,make good such deficiencies but use its best efforts to mitigate the cost of curing such default.
In such case an appropriate change order shall be issued deducting from the payments then or thervisfier due the
Contractor the cost or correcting such deficiencies, including compensation for the llrojccl Manager's additional
services made necessary by such default,neglect or failure.
14. Parents Withheld.(a)The Kodiak Island Borough nlk% withhold payments front the Contractor for any of die
following reasons,
(1)The application for payment misstates the amount of services completed;
(2)Deficclivi:services not remedied;
(3)'I'hird party claims riled or reasonable evidence indicating probable fifing cif such claims,
(4) Failure of the Contractor to make payments properly to consultants and subcontractors or lbr professional
services,materials or equipment,
(5)Reasonable evidence that tire project cannot be completed for the unpaid balance oF%he contract sum,,
(6)Reasonable evidence that the Project will not be completed within the contract time;or
(7)Persistent failure to perform the services in accordance with the contract documents.
IS.Timp, (a)Definitions:
I. unless otherwise provided,file contract lime is the period of time allotted in this Agreement for substantial
completion ofthe project,
2. the date ofcommencement of the project is the date established in this Agreement as set forth above,
3. the date ofsubsiandal completion of the project or designated portion thereof is die date certified by the
Project Manager when the project is sufficiently complete,in accordance with the Contract Documents,so
the Kodiak Island Borough call utilize the project or designated portion the reciffor the use for which it is
intended.
4. the date of final completion is the date that the Kodiak Island Borough certifies either orally or in%%Thing
that the pwject is finished.
5. die to "day".as used in the Contract Documents,shall mean calendar day unless otherwise specifically
designated.
a.all time limits set forth herein are of the essence in this ARxecment,
16.F n nA Pl--1 P-,—--1 When project is complete as determined by the Kodiak Island Borough,the
Kodiak Island Borough will cause a final payment to issue and make payment to the Contractor within thirty(30)day
from the date that the project was certified as finally complete on the conditions set forth below.
17.�Termlnntiore n d Inuit (a)If the Contractor is adjudged a bankrupt amity,or if lie makes a general assignment
for the benefit of his creditors,or if a receiver is appointed on account of his insolvency,or if he refuses or fails,
except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper
Page 3 oN
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 144 of 237
AGENDA ITEM #A.&
services,or if he fails to make prompt payment to subcontractors or for materials or labor,or persistently disregards
laws,ordinances,notes,regulations or orders of any public authority having jurisdiction.or otherwise is guilty of a
violation of a provision of this Agrrement,than the Kodiak Island Borough may,without limirldice to any right or
remedy and after giving the Contractor seven days'written notice,terminate the employment of the Contractor and
take possession of all materials and documents prepared by the Contractor in connection with tile Project,and may
finish tile %work by whatever method it me),deem expedient. In such case,the Contractor shall not be entitled to
receive ally rurilicr payment until tile work is finish c& (b)Irthe unpaid balance or the contract sum exceeds the costs
of Finishing the Project, including compensation for the Project Contractor's additional services made necemry
thereby,such excess shall be paid to the Contractor If such costs exceed the unpaid balance,the Contractor shall pay
the difference to the Kodiak Island Borough. The amount to be paid to the Contractor or to the Kodiak Island
Dorough as the case may be,shall be certified by the Project Managcr, upon application, and this obligation for
payment shall survive the termination of the Contract
18.A1gLqmenl. This Agreement shall not be assigned by operation or low or through negotiated Agreement by the
Contractor without the written permission of Kodiak Island Boroud i. I lo%%cver, subcontracting portions or the
Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this
Agreement.
19.Milytr, rallure or the Kodiak Island Borough or the Contractor to enforce a speciFic section of this Agreement
against one another or No enforce a particular demand of the Kodiak Island Borough or the Contractor made pursuant
to the terms of this Agreement shall not effect a waiver of any or the Kodiak Island Borough's or the Contractor's
rights and powers as set forth in this Agreement.
2{i®3YEJ!Len N -oil dolt' served ifilelivered in person to the individual or
R&S.Written notice shall be deemed to have Nit
mcmbcrofthe fi rm or entity or to all officerorthe corporation for%whom it was intended,or ii'delivered at or sent by
registered or certified mail to the last business address known to him who gives the notice,,
21.119nLep_rallon.The Agreement and die referenced documents represent the entire and integrated agreement between
the parties hereto and supersedes all prior negotiations,representations,or agreements,either written or oral.
22. Notige, Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a
SUperimendene or officer or a party or mailed to the Parties at the following addresses:
Kodiak Island Borough Kevin Quinn,President
Office or the Manager Kodiak Mapping,Inc.
710 Mill Bait'Road 536 E.Firewcod Ave.
Kodiak,Alaska 99615-6398 Palmer,AK 99645-6628
23°Kodiak Island Borou Is F ish star Kodiak Island Borough wi I I provide to the Contractor&I I data in Kodiak
Island Borough's possession relating to tile COldractces services an the Project. The Contractor will reasonably rely
upon the accuracy,timeliness,and completeness of the information provided by Kodiak Island Borough.
24.!Rjun.m u(JIMIgr
,I Dum�tx. All repons,documents and other deliverables of the Contractor,whether in hard copy
or in electronic form,are instruments of service for this Project,whether the Project is completed or not.Reuse on
another project.change,or alteration by Kodiak Island Borough or by others acting through or on behalf ofKodiak
Island Borough ofany such instruments orservice%without the written permission of the Contractor will be at Kodiak
Island Borough's sole risk,
Fw-f DO
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 1 45 of 237
AGENDA ITEM #A.3.
25. Litigation Assislance, The Scope of Services does not include costs of the Contractor for required or requested
assistance to supporL prepare, document, bring, defend or assist in litigation undertaken or defended by Kodiak
Wand Borough.All such Services required or requested of the Contractor b) Kodiak Island Borough,except for suits
or claitn!t between the parties to this Agreement. will be reimbursed as mutually agreed, and payment for such
Services shall be in accordance with Section 5,unless and until there is a finding by a court or arbitrator that the
Contractor's sole negligence caused Kodiak Island Borough's damage.
26. e t1 %fiQ% The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared
ineligible for work with the State of Alaska. Contractor shall notify the Kodiak Island Borough within five (5)
working days of any such action brought against the Contractor during the tern oflhis Agreement.
The terms of this Agreement shall be from 24 July,2015 to 31 May.2015.
KO IAK ISLAND BOROUGH CONTRAC1PR
By:' By®
Charles Cassidy,Borough Manager coin Quinn, p
ATTEST,. Titic:_P side t.K2dLak..Mariomg.Inc.
.........,M'.'.....v-i'.....,N'I''..............................
Nova .Javier,CC
Borough Clerk
Contract a9 Acquisition. Page 146 of 237
AGENDA ITEM #A.3.
PROFESSIONAL SERYICFS AGREEMENT
THIS AGREEMENT made ibis day or 24 July 2014, by and between the Kodiak Island Borough (KIB) and
Kodiak 141apping,lnc.(KAII),hereinafter called the Contractor.
WITNfESSETII:
That the KIB and Contractor for the consideration hereinafter recited agree as follows:
1. Proiect. The Contractor agrees to perform all services necessary for the completion of
aerial imagery acquisition as identilicd in the Contractor's proposal dated May 31, 2013 and one `Task Order
Response and Cost' proposal dated July 24e,2015 The services provided shall be or professional quality, to the
degree of skill and diligence normally employed by professional contractors or consultants performing the same or
similar services at the time said services are performed,
2. Job Commencement and Performance. The contractor will commence work on this project after the 6th day of
August 2015.
3. Protect Manaeer.The project manager shall be the IT Supervisor of the Kodiak Island Borough or his designee.
4. Comnensation. The Kodiak Island Borough agrees to pay to the Contractor as compensation for services an amount
not to exceed the amount of 570,000.00.
5. Payment. All requests for payment shall be for work completed unless otherwise agreed to by KIB. The
Contractor shall provide any additional information to KIB which may be reasonable in support of any payment
request.Monthly invoices shall be delivered to KIB no later than the end of the month and shall W paid within thirty
(30)days from the date of the invoice unless KIB shall notify the Contractor in w7iting of its reason for not making
payment of the sums requested. A service charge of one and one half percent(1.5%)per month may be charged
on balances not paid by KIB within the terms stated above.
6. Indemnification. The Contractor specifically obligates himself to the Kodiak Island Borough in the following
respects to wit: (i)to indemnify the Kodiak Island Borough against,and save it harmless from any and all claims,
suits, or liability, on account of any negligent act or omission or the Contractor., or any of his officers, agents,
employees or servants;(n)to pay ror al materials furnished and services performed under this Agreement,
7. Insurance. (a)Contractor shall at all times,at its own expense,keep in force the following described insurance for
protection against the claims or employees or other persons,, insuring both the Contractor and the Kodiak Island
Borough against liability that may accrue against them or either of them in connection with Contractor's performance
under this assignment;
(1)Insurance in at least the required statutory amounts,covering claims under Worker's Compensation,,
disability benefits and other similar employee benefit acts,
(2)Public Liability Insurance covering bodily injury,,,death,and property damage with combined single hmil of
not less than$2 million;and
(3)Professional Liability Insurance in an amount of not less than Si million,
(b)If Contractor fails to comply with the insurance requirements of this Agreement,the Kodiak Island Borough may
terminate the Agreement on ten(10)days written notice„
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 147 of 237
AGENDA ITEM #A.3.
(c) Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which
a person may commence a civil action as prescribed by the applicable statues of limitations.The coverage required
by this Agreement shall over all clams arising in connection with the performance of Contractor under this
Agreement,whether or not asserted during the term of this Agreement and even though judicial proceedings may not
be commenced until after the expiration of this Agreement,
(d) If Contractor is self-insured the Kodiak Island Borough will require a statement to that effect;
(e) Certificate of Insurance for liability and errors and omissions insurance,especially for Contractor acting as agent
(n&if self insured);and
(1) Kodiak Island Borough must be named as"Additionally Insured
8. Claims. (a)Partial payments for work performed under this Agreement will equal the value of the work done by the
Contractor at the agreed price,less the sum of previous payments as provided above;provided that the Contractor is
not indebted to the Kodiak Island Borough or anyone else for professional services,fringes,taxes,supplies,materials,
equipment,rental or other proper charges against the services covered by this Agreement, The Contractor will,upon
completion of the Scope of Services and before final payment, furnish the Kodiak Island Borough with reasonable
evidence that all services,labor,materials and equipment have been paid for in full.(b)The Contractor must notify
the Kodiak Island Borough or its agent of any and all claims for costs in excess of she contract amount within ten(I0)
days of incumng such cost.
9. Chanees and Modifications, (a)The Kodiak Island Borough may,at any time by written order signed by the Project
Manager of the Kodiak Island Borough,make changes in the specifications for services hereunder or in the project
schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether
initiated by Contractor or the Kodiak Island Borough must be agreed upon in writing by both parties hereto,subject
to the contract and sale provisions of the Kodiak Island Borough Code. (b)The cost or credit to The Kodiak Island
Borough resulting from a change in the services or in the project schedule shall be determined as follows
(1) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;or
(2)by the hourly fees stated in the Contract Documents or subsequently agreed upon.
10. Prosecution of World The Contractor shall prosecute the work in a prompt and diligent manner whenever such
work or any part of it becomes available, in order to promote the general progress or the entire Project. Upon
written request by the Kodiak Island Borough, the Contractor shall furnish to the Kodiak Island Borough such
evidence as the Kodiak Island Borough may require relating to the ability or the Contractor to complete the Project.
It. Delays, in the event the Contractors performance is delayed or interfered with by acts of the Kodiak Island
Borough,or any other justifiable cause beyond the control of the Contractor,he may request an extension of time for
the performance of same.
12. Approvals.The Contractor shall obtain and pay for all permits,licenses and official inspections made necessary by
his work,and shall comply with a1I laws,ordinances and regulations bearing on his work and the conduct thercor
13.Stop Work. (a)If the Contractor fails to correct defective services as required herein or persistently fails to carry
out the project in accordance with the Contract Documents,the Kodiak Island Borough, by a written order signed
personally or by an agent may order the Contractor to stop work,or any portion thereof,until the cause for such order
has been eliminated;however,this right of the Kodiak Island Borough to stop work shall not give rise to any duty on
the part of the Kodiak Island Borough to exercise this right for the benefit of the Contractor or any other person or
entity (b)If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents
and fails within fourteen(14)days after receipt of written notice from the Kodiak Island Borough To commence and
Page 2of s
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 148 of 237
AGENDA ITEM #A.3.
continue correction of such default or neglect with diligence and promptness,the Kodiak Island Borough may,after
seven(7)days following receipt by the Contractor of an additional written notice and without prejudice to any other
remedy it may have,make good such deficiencies but use its best efforts to mitigate the cost of curing such default.
In such case an appropriate change order shall be issued deducting from the payments then or thereafter due the
Contractor the cost of correcting such deficiencies, including compensation for the Project Manager's additional
services made necessary by such default,neglect or failure.
14. Payments Withheld.(a)The Kodiak Island Borough may withhold payments from the Contractor for any of the
following reasons:
(1)The application for payment misstates the amount of services completed;
(2)Defective services not remedied;
(3)Third party claims filed or reasonable evidence indicating probable filing of such claims,
(4) Failure of the Contractor to make payments properly to consultants and subcontractors or for professional
services,materials or equipment;
(5)Reasonable evidence that the project cannot be completed for the unpaid balance of the contract sum;.
(6)Reasonable evidence that the Project will not be completed within the contract time°,or
(7)Persistent failure to perform the services in accordance with the contract documents.
15.Time (a)Definitions:
I, unless otherwise provided,the contract time is the period of time allotted in this Agreement for substantial
completion of the project.
2, the date ofcommencement of the project is the dale established in this Agreement as set forth above.
3. the date of substantial completion of the project or designated portion thereof is the dale certified by the
Project Manager when the project is sufficiently complete,in accordance with the Contract Documents,so
The Kodiak Island Borough can utilize the project or designated portion thereof for the use for which it is
intended.
4. the date of final completion is the date that the Kodiak Island Borough certifies either orally or in writing
that the project is finished.
5. the term"day",as used in the Contract Documents,shalt mean calendar day unless otherwise specifically
designated.
a.all lime limits set forth herein are of the essence in this Agreement.
15.Final Completion and Final Payment. When project is complete as determined by the Kodiak Island Borough,the
Kodiak Island Borough will cause a final payment to issue and make payment to the Contractor within thirty(30)day
from the dale that the project was certified as finally complete on the conditions set forth below,
17.Terminallop and Default. (a)If the Contractor is adjudged a bankrupt entity„or if he makes a general assignment
for the benefit of his creditors, or if a receiver is appointed on account of his insolvency„or if he refuses or fails,
except in cases for which extension of lime is provided,to supply enough properly skilled professionals or proper
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 149 of 237
AGENDA ITEM #A.3.
services,or if he fails to make prompt payment to subcontractors or for materials or labor„or persistently disregards
laws,ordinances,rules,regulations or orders of any public authority having jurisdiction,or otherwise is guilty of a
violation of a provision of this Agreement,then the Kodiak Island Borough may„without prejudice to any right or
remedy and after giving the Contractor seven days'written notice,terminate the employment of the Contractor and
take possession of all materials and documents prepared by the Contractor in connection with the Project,and may
finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to
receive any further payment until the work is finished. (b)If the unpaid balance of the contract sum exceeds the costs
of finishing the Project, including compensation for the Project Contractor's additional services made necessary
thereby,,,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay
the difference to the Kodiak Island Borough, The amount to be paid to the Contractor or to the Kodiak Island
Borough, as the case may be, shall be certified by the Project Manager,upon application, and this obligation for
payment shall survive the termination of the Contract
18.Assignment, This Agreement shall not be assigned by operation of law or through negotiated Agreement by the
Contractor without the written permission of Kodiak Island Borough. However, subcontracting portions of the
Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this
Agreement
19.Waiver. Failure of the Kodiak Island Borough or the Contractor to enforce a specific section of this Agreement
against one another or to enforce a particular demand of the Kodiak Island Borough or the Contractor made pursuant
to the terms of this Agreement shall not effect a waiver of any or the Kodiak island Borough's or the Contractor's
rights and powers as set forth in this Agreement.
20.Written Notice.Written notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or entity or to an officer or the corporation for whom it was intended,or if delivered at or sent by
registered or certified mail to the last business address known to him who gives the notice.
21. Inteeration.The Agreement and the referenced documents represent the entire and integrated agreement between
the parties hereto and supersedes all prior negotiations,representations,or agreements,either written or oral,
22, Notice. Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a
superintendent or officer of a party or mailed to the parties at the following addresses;
Kodiak Island Borough Kevin Quinn,President
Office of the Manager Kodiak Mapping,Inc.
710 Moil Bay Road 536 F.Fireweed Ave.
Kodiak,Alaska 99615-6398 Palmer,AK 99645-6628
23.Kodiak Island Borough Furnished Data.Kodiak Island Borough will provide to the Contractor all data in Kodiak
Island Borough's possession relating to the Contractor's services on the Project. The Contractor will reasonably rely
upon the accuracy,timeliness,and completeness of the information provided by Kodiak Island Borough.
24.Reuse or Project Documents. All reports,documents and other del iverabics of the Contractor,whether in hard copy
or in electronic form,are instruments of service for this Project,whether the Project is completed or not Reuse on
another project,change,or alteration by Kodiak Island Borough or by others acting through or on behalf of Kodiak
Island Borough of any such instruments or service without the written permission of the Contractor will be at Kodiak
Island Borough's sole risk.
Page J or S
Contract No. FY2O16-13 Aerial Imagery Acquisition. Page 150 of 237
AGENDA ITEM #A.3.
25.1.I1ieallon-Assislanee, The Scope of Services does not include costs of the Contractor for required or requested
assistance to support, prepare„ document, bring, defend or assist in litigation undertaken or defended by Kodiak
Island Borough.All such Services required or requested of the Contractor by Kodiak Island Borough,except for suits
or claims between the parties to this Agreement, will be reimbursed as mutually agreed, and payment for such
Services shall be in accordance with Section 5,unless and until there is a finding by a court or arbitrator that the
Contractor's salt negligence caused Kodiak Island Borough"s damage.
26. Certification. The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared
ineligible for work with the State of Alaska Contractor shall notify the Kodiak Island Borough within five (5)
working days-of any such action brought against the Contractor during the term or this Agreement.
The terms of this Agreement shall be from 24 July„2015 to 31 May,21r)1$
KODIAK ISLAND BOROUGH CONTRACTOR
By. _........ .. ...... By _.,, ,. .............. .,
Charles Cassidy,Boro ugh Manager Kevin Quinn,CP
ATTEST.: Title President.Kodiak Mannin Inc.
Nova M.Javier CMC-,
Borough Clerk
ark re.
Contract No. FY2016-13 Aerial imagery Acquisition. Page 151 of 237
AGENDA ITEM #A.3.
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Contract No. FY2016-13 Aerial Imagery Acquisition. Page 152 of 237
AGENDA ITEM #A.3.
TABLE ...............
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 153 of 237
AGENDA ITEM . .
1. EXECUTIVE SUMMARY
PtUlRIPOSIE
This Geographic Information Systems 16 IS)strategic plan establishes direction and priorities for
the Kodiak Island Borough to provide accurate,timely,and high quality geographic information
to support informed decision making by government,businesses,and citizens.
Specifically,this plan provides a roadmap to:
• Increase the accuracy of GIs data
• Improve effectiveness and efficiencies
• Expand access to GIs mapping,services,and data
GOALS
Develop tools,workflows,and strategies to increase quality and accuracy of GIs data.
Expand internal and external access to GIs through web mapping applications,desktop GIs,and
mobile applications.
Develop a GIs system infrastructure to leverage GIs efficiencies,reduce costs,and streamline
workflows.
Promote the use of GIS standards and best practices,including the creation of metadata for all
data layers.
3
Maya Oaurio
61S Analyst October$033
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 154 of 237
AGENDA ITEM #A.3.
2. BAGROUND
..............CK
2.1 GIS PROGRAM MISSION STATEMENT
.......... ...........
The Kodiak Island Borough GIS mission is to provide accurate,consistent,accessible,and
comprehensive GIS data,Infrastructure,and services to support effective decision making and
management of assets,and to meet the unique needs of the Kodiak Island Borough and the
communities we serve.
2.2 GIS PROGRAM HISTORY
In 2002,the Borough invested in GIS software and contracted to have existing parcel data
converted from AutoCAD to GIS,
The Borough's 2004-2008 Strategic Plana ted for a GIS for the Borough"in order to
facilitate Its tax collection and planning obligations and to make information accessible to
citizens and Borough employees"(Alaska Map Science,2004:7).
In 2004,a GIS needs assessment recommended:Increased efficiency of the GIS;Increased use of
the GIS;clean up and documentation of the data filing system;and improved access to GIS data
(Ibid,2004,714'
By 2005,GIS had moved from Community Development to IT to account for increased data
storage needs.
As of 2013,the Borough has Implemented specific recommendations from the needs
assessment,specifically:acquisition of additional GIS data,Including ortholmagery and
elevation data;provision of access to GIS data through the Internet;in-house GIS skill
development,establishment of a Property Steering Committee to provide direction;production
of mapbooks and an Urban Area zoning map,documentation of a GIS procedure to produce
public hearing notices;and singular use of GIS over AutoCAD.
The Kodiak Island Borough's Strategic Plan for the years 2013-2017 outlines specific goals
related to GIS,Including providing access to a fully functional web 615 with the following layers:
trails,wetlands,land ownership,and evacuation plans,among others.The Plan also calls for:
extending the base map layer beyond the road system to include the entire borough;further
synchronizing GIS with the property records database maintained In Assessing,setting up a web
server to which the database will be copied nightly,giving the public continuous access to
current data and user-defined maps;continuing to audit the Borough's data layers and parcel
information in the GIS and PALS database,and investigating an aerial survey baseline to be used
to help lower costs for annual remote re-inspections(Kodiak Island Borough,2013:8-20).
In 2013,there Is a web GIS containing bay names and parcels joined to the PALS database to
display ownership Information.An Imagery acquisition proposal written by the GIS Analyst was
approved by the Property Steering Committee to acquire aerial imagery for the road system and
4
mayaDaurb
G15 AnalVa October 20B
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 155 of 237
AGENDA ITEM A. .
satellite Imagery for Assessing's remote assessment areas on a regular basis.Multiple GIS layers
are maintained and published,Including zoning,addresses,roads,election precincts,and
parcels,among others.Numerous map products are published using this data,including
mapbooks for emergency responders,an Urban Area zoning map,street and address maps for
the Urban Area and Bells Flats,election maps,and service area road maintenance maps.the
Borough coordinates a GIS Users Group composed of local GIS users from various organizations
that meets monthly.
S
Maya Dario
GIS Analyst October 2013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 156 of 237
! .
3. CURRENT57'A7U5
11 CIRGAiWZATIlON
GIS is currently within the IT Department and guided,in part,by a Property Steering Committee.
There is one full time GIS staff person,the GIS Analyst,who is supervised by the IT Supervisor.
There are three GIS users In Community Development,the two Associate Planners and the
secretary,who all have access to desktop GIS.The Planners use zoning and land use templates
created by the GIS Analyst,and the secretary uses a public hearing notice template created by
the Analyst. Training is provided by the Analyst when the GIS software is upgraded.
There are four GIS users in Assessing,all of whom use a template created by the GIS Analyst to
prepare for remote assessment trips and other property questions.These users are:the
Assessor,the Appraiser,and two Assessor Technicians.
Nearly all other Borough employees access GIS through an interactive web mapping application.
INI IRASTM,3CTIUIRIy
The Kodiak Island Borough GIS primarily uses multi-level Esri licenses(Desktop Basic,Desktop
Standard,Desktop Advanced'at individual workstations.
INSERT PAUL'S WORDING WERE.,
6
Maya bay.Clrla
Gl%Ama"iC 0.'YMbar 2013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 157 of 237
AGENDA ITEM . .
3.3 DATA HOLDV4,,GS
The Kodiak island Borough Is the default geospatial clearinghouse for the region and maintains,
receives,and distributes multiple data sets. The Borough maintains both vector data
(addresses,parcels,roads)and raster data(LIDAR,orthorectified aerial imagery,IfSAR►. Vector
data is usually stored as shapefileS Or as feature classes within a geodatabase.
No Inventory of data has been done,but a primary geodatabase named Production Is used
Internally to populate GIS templates with data layers and also Is published to the website as a
downloadable zipfile.
Reference a detailed list of available data layers within Appendix A
3.4 WEB MAPPING APPLICATIONS AND ONLINE GIS DATA
............... ...............
Kodiak Island Borough GIS Wel2site
http:/Iwv,iw.kodiakak.uslindex.alilx?NID=339
The Kodiak Island Borough website contains a Map Center webpage,which provides a brief
Introduction to GIS mapping,links to an online,interactive map where users can query property
assessment and ownership information associated with parcels,publishes a base geodatabase
available for download,and publishes POF maps representing various GIS data layers.
Reference a list of available maps for download within Appendix B.
7
Maya Daurio
615 A.610t October 2013
Contract No. FY 2016-13 Aerial Imagery Acquisition. Page 158 of 237
AGENDA ITEM #A.3.
3.5 GIS STAKEHOLDERS
The Kodiak Island Borough GIS stakeholder community Includes internal and external
governmental agencies,nonprofit groups,businesses,and the general public.The various
stakeholders have diverse GIS data,application,and service needs,which merit consideration in
order to provide effective regional GIS resource management and informed decision making
(Frederick County Government,2011:7),
90101AK MUNICIPAL STATE/FEDERAL" ,,INDEPENDENT" 'PUBLICACCESS
ISLAND GOVERNMENTS !GMIERNMENT, AGENCIES
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cmi�mllan applications
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Maya Daudo
QRSAftairst October 2013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 159 of 237
AGENDA ITEM #A.3.
CL D11WELOP THE QUA113TY OF CAS DAMAN111)SIERVICIES
4,: ,,1 INCR EASE till Il 11::�ACCIL)RACY OF G1 S DATA LAY E IRS
Identify GIS data layers that require higher accuracies for stakeholder use and application
development and formulate a plan to achieve those accuracies.
Q
gals
• Audit and rebuild caclastral(parcel)data by correcting the geometry of the parcels,ensuring
the accurate geographic location of the parcels,and auditing the join between the parcels
and the Property IN generated In PALS.
• Integrate hydrography data among NHD,ADFG's anadromous waters catalog,and the
Borough's internal hydrography data.
• Improve address data by creating address points In place of annotation,using geocading to
document an address range for each street.Also assign each address a unique ID.
• Improve street centerline data by integrating Borough data with the most current AK DOT
street centerline data.
• Audit zoning ordinances to create a comprehensive zoning layer for the Borough.
• Audit the lot layer to ensure It is accurate and up-to-date.
Develop tools and workflows to improve GIS data layers,the production of maps,and the
organization and distribution of data.
Goals
• Use scripts or models to automate a process wherein GIS databases are updated nightly
to reflect daily changes to data,
• Use scripts or models to automate a process wherein web mapping applications are
updated nightly to reflect daily changes to data.
• Use scripts or models to automate a workflow where parcel data is joined with the
latest version of PACS data an a nightly basis.
• Develop workflows to publish standard,static map products as web mapping
applications using Esri's ArcGIS Online for Organizations.
9
Ma"Daurio
GIs Analyst October 2013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 160 of 237
AGENDA ITEM #A.3.
4.2.EXPAND ACCESS TO GIS
4.2,1„DEVELOP NEW GIS DATA LAYERS
Identify GIS data layers that are necessary to meet GIS stakeholder needs and enable provision
or additional services.
Goals
• Create a data layer inventory to identify and document what data we have.
• Acquire aerial and satellite imagery on a regular basis as Identified In the Imagery
Acquisition Proposal(Daurio,2013)and prioritized In the Borough's strategic plan
(Kodiak island Borough,2013:8-10).
• Use a GPS to map fire hydrants in all municipalities of the Borough.
• Acquire and map utility Information for all municipalities of the Borough as well as the
Coast Guard Base.
• Use LIDAR or feature extraction or digitizing to create a building footprint layer to aid In
assessing and other applications.
• Create an Emergency Service Zone layer for use In emergencies and In preparation for
Next Gen 9-1-1.
• Densify and document the control point network and publish to a web mapping
application,
• Create a lot layer exported from the parcel fabric and publish to a web mapping
application.
4.2.2 DEVELOP ADDITIONAL WEB MAPPING APPLICATIONS
Goals
Implement the development of web mapping applications to increase external and internal user
access to data and services maintained In GIS.
• Enhance the current Kodiak Island Borough GIS website by adding additional
layers such as streets and creating additional query capabilities.
• Use Esri's ArcG IS Online for Organizations and their templates to create a GIS
website.
• Migrate relevant data to Esri's Local Government Information Model
geodatabase.
• Use Esri's Local Government Information Model map and app templates to
publish utility,land records,elections,fire service,law enforcement,emergency
management,planning and development,facilities,address,and public works
maps as web mapping and mobile applications.
10
645 AnaWtl octaba 7,0'33
Contract No. FY2016-13 Aefial Imagery Acquisition. Page 1 61 of 237
AGENDA ITEM #AA
,4.3,DIEVIELEXP A G1151SYS111i.11A INFIRASMUCTUIRE
-- -------- --------
43 1 D EV E LD I EA'()I G E,A I ID MI U 111,U S I I I IN IF RAS T I U1 CT U 11 E
Research and develop a plan to store,access,and manage spatial data within a Relational
Database Management System(RDBMS).
Goals
• Research the advantages and disadvantages of ArcSDE to manage relationships between
spatial data and the RDBMS,multiuser functionality,and versioned editing.
4.4.PROMOTE GIS STANDARDS AND BEST PRACTICES
4.4.1.DEVELOP A DATA FILING STRUCTURE
Identify an appropriate data filing structure for vector and raster data.
Goals
• Consult the proposed data filing structure In the Borough's 2004 GIS Needs Assessment
(Alaska Map Science,2004:37)to determine its relevance and appropriateness.
• Create multiple databases to store read-only production data,editable core layers,
editable non-core layers,and raster data,respectively.
4,.,4,'2 DIEVELOP AND MANAGE GEOSPATIAL DATA USING STANDARDS AND BEST
PRAicinCIE5
Follow existing,national standards in acquiring,analyzing,and managing data.
99-a-12
• Create metaclata for all existing data layers and develop a workflow to update the
metaclata for all new data layers as they are created.
• Follow industry and Federal Geographic Data Committee(FGDC)standards in acquiring
new imagery and to ensure adequate accuracy.
• Use documented,national standards and best practices to guide GIS applications
regarding addressing,plat regulations,land records,and natural resource management,
among others.
12
Maya naurw
GIs Anatvst OvAberZ013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 162 of 237
AGENDA ITEM #A.3.
• Use spatial data distribution best practices to publish data in the oldest ArcGIS
geodatabse(GDB)version that supports the originally developed functionality,the
newest ArcG1S GDB version,as a shapefile,and as a KML for vector data and as a BIL or
ASCII file for raster data(Stump,2013:2).
12
OkPoarirn�arxr4a
rg8'"S An%l Odober 200
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 163 of 237
AGENDA ITEM U-3.
P ®SELECTED LIST OF DpwNLpAbABLi i5... E b A
Data Download ebsite: w .kt„tllpullu uk,.us,hindpw.aasuuw"?IhH1D::1339
Addresses Annotation
Block numbers Annotation
Lot numbers Annotation
City Limits City of Kodiak
2 ft contours Kodiak Urban Area
50 ft contours Kodiak Island Borough
Emergency Assembly Areas Kodiak Urban Area and Womens Bay
Fire hiydrants Kodiak urban Area
Docks Kodiak urban Area
Landfill Greenbelt No
Tsunami sirens Road System
Alaska coastline State of Alaska
Election Precincts Road System
KIB Geographic Names Kodiak Island Borough
KIB Selected Geographic Flames Kodiak Island Borough
KIB Boundary Kodiak Island Borough
KIB Coastline(also 100&20D tt buftsi Kodiak Island Borough
Lakes Kodiak Island Borate h
Land Use Kodiak Island Borough
Parcels Kodiak Island Borough
Riders Kodiak Island Borough
Roads Kodiak island Borough
School Attendance Boundaries Kodiak urban Area
Schools Kodiak Urban Area and Coast Guard Base
Sections Kodiak Island Borough
Streams Kodiak Island Borough
Subdivisions Kodiak Island Borough
Townships Kodiak Island Borough
Llnconstrlucted R s Kodiak Urban Area
Zoning Kodiak Wand Borough
13
Maya Baum
GUM Ana"t ®ember IOI3
Contract No. FY2016-13 Aerial Imagery Acquisition. 164 of 237
AGENDA ITEM #A.3.
AP E .. . BUL PI ....
AP
POPSIZE
Kodiak Urban Area Zoning Map 36"x 84" $21.00
Kodiak Urban Area Mapbook $20.
Womens Bay Mapbook $20.
Kodiak Urban Area Address Map 36"x 84" $21.
Village profile Maps 24 x 36(20) $120. (Ind.$6)
Marine Topo Map 36"x60" $30.
Bathymetric Topo Map 36"x60" $30.00
Marine Topo Map 21.5"x36" $10.50
Bathymetric Topo Map 21.5"06" $10.50
Kodiak Urban Area and Womens Bay 24"08" $8.00
Street Map
Kodiak Island Borough Election 36"x72" $18.00
Precinct Map
14
615 Ana" Octaho ZDA3
�aYPa 9]aav6rz
Contract 1 -1 rt I Imagery Acquisition. 165 of 237
AGENDA ITEM #A.3.
F"t 41F kItEN' 'C,EIS
Alaska Map Science.Kodiak island Borough GIS Needs Assessment Report Anchorage-,Alaska Map
Science,2004.Print.
Alaska Mapped.Alaska Geospatial Strategic Plan,Fairbanks:University of Alaska Fairbanks,2012 Web.
30 Sep.2013.
Applied Geographics,Inc.Strategic Plan Guidelines,Washington,DC:United State Geological Survey,
2009.Web.30 Sep.2013.
Daurio,Maya.Kodiak Island Borough Imagery Acquisition Proposal.Xocfiak,°Kodiak Island Borough,2013,
Print.
Financial and Information Services Department.Geographic Information System(GIS)Strategic Plan.
Tigard:City of Tigard,2006.Web 02 Oct,,2013.
Frederick County Government.Geographic Information Systems Strategic Plan 2011-2015.Frederick:
Frederick County Government,2011.Web,02 Oct.2013,
Geographic Technologies Group,Inc.Geographic Information System Strategic Plan.Spotsylvania-
Spotsylvania County,2005.Web.03 Oct.2013,
Kodiak Island Borough,Kodiak Island Borough Strategic Plan(Fiscal Years 2013-2017).Kodiak:Kodiak
Island Borough,2013.Print.
Krucoff,Barney.GIS Strategic Plan.Washington,DC: Office of the Chief Technology Officer,2008.Web.
30 Sep.2023,
Palmer,Gary.The Town ofFarragut Tennessee Geographic information System Services Strategic Plan FY
2010-2011.Farragut.The Town of Farragut Tennessee,2010.Web.30 Sep.2013.
Leach,Tim.Proposal to Create an Enterprise GIS Strategic Plan.Spokane:Tim Leach GIS,LLC,2008.Web.
30 Sep.2013.
State of Alaska Geographic Information Advisory Committee.Geographic Information System Strategic
Plan.Juneau:office of the Lt.Governor,2000.Web.03 Oct.2013.
Stump,Chris.Best Practices and Standards:Spatial Data Distribution.Helena:Montana Association of
Geographic Information Professionals,2013.Web.09 Oct.2013.
Woolpert,Inc.GIS Strategic Plan.Kirkland.City of Kirkland,2005.Web.02 Oct.2013.
is
Maya Dauda
GIs Analyst Octabu 2013
Contract No. FY2016-13 Aerial Imagery Acquisition. Page 1 66 of 237
AGENDA ITEM #C.9.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST S. 2015
ASSEMBLY REGULAR MEETING
TITLE: Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by
Adding Chapter 2.160 Borough Lands Committee.
ORIGINATOR: Nova Javier
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The Borough Lands Committee ordinance was requested by Mayor Friend.The Committee
will be responsible for review of real property acquisition and disposal of borough land and it
will also provide a forum for input and recommendations to the Assembly.
The powers and duties of the borough lands committee are the following:
A. Assist in identifying creative and workable solutions to ongoing and emerging issues in
selection, acquisition, management, and disposal of borough real property and resources.
Bm Provide input for potential land sale plans.
C. Provide input for utilization of borough land that achieves multiple land and housing
options.
D. Collaborate and seek input with private land owners when considering whether
borough land should be developed.
E. Provide for balanced consideration and representation of the viewpoints, problems
and issues regarding borough real property and resources.
F. Provide a forum for discussing development of specific sites and projects.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-02 in first reading to advance to public hearing at the
next meeting of the Assembly.
Kodiak Island Borough
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 167 of 237
AGENDA ITEM #c.1.
I Introduced by: Borough Mayor
2
3 Draft
ed bye Borough Mayor/Borough c�
4 introduced: nato&2015
Pudic Headng:
5
5 Armed:
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2016-02
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
I I BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL BY
12 ADDING CHAPTER 2.160 BOROUGH LANDS COMMITTEE
I3
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 Borough Lands Committee will provide a forum for input and
19 recommendations to the Assembly; the committee is responsible for review of real properly
20 acquisition and disposal of borough land;and
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
23 BOROUGH THAT:
24
25 Section 1: This ordinance Is of a general and permanent nature and shall become a part
26 of the Kodiak Island Borough Code of Ordinances.
27
28 Section 2: Title 2 Administration and Personnel Is hereby amended to add Chapter 2,160
29 Borough Lands Committee in the Kodiak Island Borough Code,
30
31 Chapter 2.160
32 BOROUGH LANDS COMMITTEE
33 Sections:
34 2.160.010 Created–Membership.
35 2.160.020 Organization.
36 2.160.030 Term-Compensation.
37 2.160.040 Powers and duties.
38 2.160.050 Administrative assistance.
39
40 2.160.010 Created—Membership.There is created a borough lands committee consisting of
41 the following voting members: the mayor, two (2) assembly members, one (1j
42 representative from the Alaska Native Claims Settlement Act(ANCSA) Corporations in the
43 Kodiak region, one (1) borough representative from the Planning and Zoning Commission,
44 one (1) city representative from the planning and zoning commission, and one (1) at large
45 member from the public. Members are appointed in accordance with section 2.100.030 and
46 shall meet the qualifications of section 2.100.040 of this title.There will be three(3)nonvoting
47 ex-ofTclo members, the borough resource management officer, community development
48 director and one representative from the united States Coast Guard appointed by the
49 ISC commanding officer.,
50
51 2.160.020 Organization.The mayor will serve as the chair and the committee shall designate
52 a vice-chair at the first meeting of the calendar year and shall hold at least one(1)quarterly
53 meeting.
Kodiak Island Borough,Alaska Ordinance No.FY201 6-02
Page 1 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 168 of 237
AGENDA ITEM #C.1.
54
55
56 2.160.030 Term—Compensation.
57 A. The mayor shall appoint two (2) assembly members during the annual appointment of
58 assembly member representatives to boards and committees. The Commission shall make
59 recommendations to the mayor for appointment of their members on an annual basis. The
60 representative from ANCSA Corporations and the at large member from the public will serve
61 for three year terms.
62
63 B. Members of the committee shall serve without compensation. The mayor, assembly
64 members, and commissioners will receive their existing compensation related to their duties
65 as provided for in this title.
66
67 2.160.040 Powers and duties.The borough lands committee will:
68 A. Assist in Identifying creative and workable solutions to ongoing and emerging issues in
69 selection, acquisition, management, and disposal of borough real property and
70 resources.
71 B. Provide input for potential land sale plans.
72 C. Provide Input for utilization of borough land that achieves multiple land and housing
73 options.
74 D. Collaborate and seek Input with private land owners when considering whether
75 borough land should be developed.
76 E. Provide for balanced consideration and representation of the viewpoints, problems
77 and issues regarding borough real property and resources.
78 F. Provide a forum for discussing development of specific sites and projects
79
80 2.160.060 Administrative assistance.
81 The resource management officer shall:
82 A. Refer to the committee,for Its discussion,all non-emergency matters within the scope
83 of its powers and duties prior to presenting those matters to the assembly.
84 B. Transmit all recommendations and other communications from the committee to the
85 assembly.
86 The Jerk's office staff shall:
87 A. Work with the resource management officer in furnishing the committee with copies of
88 all requested documents and other Information necessary or reasonably related to
89 committee functions.
90 B. Provide the committee with such supplies,meeting space,and secretarial assistance.
9I
92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
93 THIS DAY OF .2015
94
95 KODIAK ISLAND BOROUGH
96
97
98
99 Jerrol Friend,Borough Mayor
100
101 ATTEST:
102
103
104
105 Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No FY2016-02
Page 2 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 169 of 237
AGENDA ITEM #D.9.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
� AUGUST 6,2015
,0,, ASSEMBLY REGULAR MEETING
TITLE: Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board
(Tia Leber).
ORIGINATOR: Angela MacKenzie
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
There are two at-large vacant seats and a Retail Business Representative vacant seat on the
Solid Waste Advisory Board;two seats expiring December 31,2016 and the Retail Business
Representative seat expiring December 31,2015.On June 16,2015,the Clerk's Office
received an application from Ms.Tia Leber indicating her desire to be appointed to one of the
vacant seats on the board.
2.100.030 Appointments.
Members of boards, committees,and commissions,except for members of the board of
adjustment, members of the board of equalization, and elected service area board members,
are appointed by the mayor and confirmed by the assembly unless otherwise specifically
provided elsewhere in this code.An appointment not confirmed by the assembly shall not
become effective.The mayor shall appoint a new applicant until an appointment is confirmed
by the assembly.
RECOMMENDED MOTION:
Move to confirm the mayoral appointment of Ms.Tia Leber to the Solid Waste Advisory Board
for a term to expire December 31,2016.
Kodiak Island Borough
Confirmation of the Mayoral Appointment to the Solid Waste A... Page 170 of 237
AGENDA ITEM #D.1.
IN
1 EA "
710 Mill Bay Road,Room 101 �
Kodiak.AK 99615
Phone: (907)486-9310 Pax. (907)486-91 91 ,pipll� � (I ���i
njavier@kodiakak.us
K
APPLICATION FOR APPOINTMENT TO BOARDS,COMMITTEE977NCM(MMISSIONS
!C o ission: ®t
Designated or group re (if applicable),
Please be aware a the Information given on your application is made available to the lic-
i require the use of a malling as,email address,and ct phone number to provide board
and meeting information.
Daytime l
Residence Address: 1 I� Evening Phone:
Mailing Address: e® Bb � Cell Phone:
Email Address,i~
Length e ° e in it Ia 1 4r-s Registered to vote In Kodiak? Yes NO
Employer/Occupation: , s.
Organizations you n to or a in: 7"® r B°' m
Explain your main reason for applying: g
What background,experience. !you bring to the board/commifteelcommission membership
. e
Are you a ila l ular i s ant io 7-t .070(A.a)other of
numbers term, assembly shall d ® a nt ve an a rmunber missais three wnsaculbrely had regular meetings and is not
amussed,
signature of ice d Date:
resume to of Interest a s t is t is t e kept year°Range be e
that may be an apocaton deadline. Application deatilines, if appikable. are avadable an the Borough wobsile at
_VMffAadi&knk,tai or In the Nake of Vecomcip announcernonts advertised In the Kodiak D&Vy Moor,
3f LY. :f
ta» a s.- Not I Appointment Loam; 16 � t Caate�nw i,
n .� �e: n I I Ruder
Date of Appolairramt oeth®ro an
'term Eglskee w APOC PGM Slailemsent S Lead I}On File, BC ffi pF
' l4oF35B+�.
Confirmation of the Mayoral Appointment to the Solid Waste A.,. Page 171 of 237
AGENDA ITEM #D.1.
Tina M.Leber
20DO Ridge Circle
Kodiak,AK 99615
t f-7°g
(9U7)512-7741
kodializzliumersayahomccrat
Objective
1 would like to use my knowledge obutmed grant graduate school in public health.occupational or
environmental ircuculo ll as,sacrice education(1 Certification rot Sint&or Alaska)-
Employinimnt Mstory
®014- Middle School Teacher,all sudiccas.Grades 5, ,7&Sa St Mary's Cat is School.
Kodiak,Alaska.
071171 13. Research Tech 11
lP 14 LIAe Kodiak Sourced do Marine Science Center Kodiak-,AK
Grant funded research. Out of furiding.
Biochemical alysis of pandylic shellfish poisoning aUrect using the EUSA lesL Trying
to rend a reliable method to detect NP in remote sueas in consud Alva Splitting extinct
with A EC to ruts a comparison on their HP
Job caddie first collecting&grinding shellfish,exuacting toxin its adds.purifying by
iriFaa inga cataloging for rsoczarskiragic&shipping heir or the smplcs in ADEC.Ones
this ex is me obtained,proceed with AB IS kit EUSA analysis(Earyme Linked
heirmi Scat tit Assay). This involves reagent preparation.serial dilutions of the extracts
to 114L1, ®using micropipettes,careful loading or a well phac with micro liters or
multiple solutions in cum order and timing ror proper incubation of antibodies
sulzitrate dcVciopn=nL for chromatographic reading. Proper technique is critical to obtain
usable miults that have a standard carve with a hi 0-value(J199)and r coefficient,or
variation between m to samples(<10%).
Since the shellfish collected around Kodiak have Some Or the highest.levels of PSP is mC
world.extreme caution is practiced in handling the cxt=L Dart entry of analytical salts
on F:.xcel spreadsheet and mathematical extrapolation of chrontatograph reading to
tructograms or toxin par 100 graffm ortissue for Esh in sideruasjournals.
IU122r-012- Computer Lab Instructor
I -0 13 University of Alaska,Kodiak College Kodiak,AK
Graded online lgn for computer courses In Excel,Power 'nt,Word,Wmdotvs 7,
Clperiding Sys Mac OS X.Keyboarding and Filing. Mped students In lab with computer
related issues,and tnr
08112P2010- Middle School Math Towner
D512&Wl l Kodak Island h School District Kodiak.AFC
Taught 5 classes or 120-7th grade students Pre-Alitclant using the Connected Math
Program curriculum.plus t class of 8th gradis Culinary Ara.
- Teacher MathiScience
0610112-007 St Marys Cathodic School Kodiak.A
'taught middle school moth.sciences,American history and Latin American geography.
0110 m - Middle School Teacher
Confirmation of the Mayoral Appointment to the Solid Waste ... Page 172 of 237
AGENDA ITEM #D.1®
OM 112oDS Colegur Colonial Bilingual School Antigua,Guatemala
This volunteer reaching position was for a)=r while my husband was a medical
missionary for at n called Common Hope. I mught middle school meah,earth
sciences and English literature.
0511srmm Salmon Camp Director
OOP-91"-003 U.S.Fish and Wildlere Service Kodiak,AK
Provided isdaidnistrustrc and logistics coordination for the operation or the Kodiak Summer
Science and Salmon Camp.a 7 week camp far youth aged 6 lo 14 years of age,with a Form
on environmental eel ucation.team-budding and science skills. Oversaw 6 seasonal
curinsctzars(college students),planned cast ordered carrip supplies and maintained
aswcn tory.assisted in recirmang volunteers.village travel for irmatic camps,curriculum
dcvclopmcm dirmited schWulas,;mrrargird veld trips,contacted speakars.maintained
roles and performed general oWicc work for camp administration.
=31A998, Adjunct Professor
12/1W1 University of Alaska Kodiak.AK
Taught Chemisuy 103,'Principles wW A pplicaborts or Inorganic,Organic and Biological
Chemistry,locture and lob.This at a required ciDursc for nursing students so they
wouldret have to travel to Anchorage In complete the course.
Also worked in Kodiak Colleges The Limstang Center as a math and science whir fear-a
&2009 school years:and Computer Operations and Information Systems Ub I nstructor
201i
10MY1991 Toxicologist
ONO 1(1994 Utah Dept of Eiair marmsemal Quality,DERR Salt Lala;City,UT
As Toxicologist,I provided technical and administrative support to the Superfund,
Underground Storage Took and Emergency Response secuoits.Duties included me review
and gencration a(loxicialogical documents used to support nik-based decision making.
I reviewed field investigations,work plans,sampling strategies&risk assessments in
evaluate releases of hazardous substances to make inforracd decisions about a site;
linacriptioccr complex techritcA- leaf `ors at public mceti rgs:assistod the Div Ision or
Solid ard Hazardous Waste in developing
thiar RC RA risk-based clean-up regulations-.was UDEQs repwscirtative on the Army's
Dugway Pmvhng Ground Health Advisory Committee to waver s=activities at their chemical
and biological warfare agent
laboratories-,and worked with DOD,industry and EPA Region 8 toxiculogim In
diividop'asp ecological risk assessmems for CERCLA sites throughout the suite or uush.
CERCLA sites that I was involved
with were federal I'malifics(Took:Army Depol,Hill Air Force Bat,Ogden Defense Dc^
Monticello Dept of Energy Site Ichhavinnum solvents.heavy metals.radiation,exploded and
unexploded WWII
warfare age ras„Pits of barrels and misc.debris]),Powand Cement[high.PH cement kiln
clust asul heavy metals in a high water tablel,American Barrel[Coal uIr pitch.volatiles:in
urban residential arcal.Pc hem[abandoned hazardous to recycling in residential area
with PCSs,diord n&pesticides in shallow aquirer that reads a wedand where peregrinc
falcons rimit).Sharms Steel and MidvWc Sing[old land,arsenic,cadmium ars!zinc milling
and refining site surrounded by residential area].
L also,assisted in waching the OSHA 40-hr Hazwopper.dai Toxicology and Confincd
Entry sections,
v%vice a yew to employees of UDEQ.Other resporsibilitica included preparing and
reviewing detailed scientific and policy reports for use in coal Ling and responding to
Confirmation of the Mayoral Appointment to the Solid Waste A.- Page 173 of 237
AGENDA ITEM #D.1.
pa,Aky wAcmr and the public
ire irhg
09MU1909- IRr " Assutant
MJ131p 991 p"Paniva*rsaty o[Washin ,School or Public H=fth Sea4dc,,WA
I Was a ml=mh asstiiMnt duzing,may tanuamC as au,Sy.un.Cnerka:aaaade nt in 4 WI&Depaninrnt or
E nvirnannw.ntari.Ruilih working on am EPA Sauipar nKI nm=mh crt on biagogical
mnomikming or work.em exposed kA dirl1cmna organic mAvemt2,. II mcruitcd 20 humranam rrmie
snug%" m,expowd Om m area nun orgmflc solverna(by having theme put duear hmod ion a ramr,se
bcakar of pwc solvent for 30 mmiaamaes awhille wemdna a D• T w n.II fasatauvueet up with
the biulcocal umo nhoring,which involved a tvvck°%avanaara of No-ad,brwM ru d urine
. mnmoms collecLed as re ran dimaeava ls. r woMyzed err ttbrr hmahmmplvs by desmung dw
activalyd cluvami epaaan in fine respirmom and runraing as durough Sw chmmmoMphy. The
b1nod awl wine wmptez weve seam W Ilai %vcvc Nuipped to rnamdlle bio-hazxds.'T(°Ihe
msuju weire siAtnmwjzc.d in my thesis pm.jecL'Comparison or Body Bnardens Produced any
!n haiaG.on mW Demal Expose w Solvents MEK.and Xylarsv'
Educadou
Odwr University or Alaska Atirbanks
K-8'reuaclhson,ps ccrurkmtion AIK
Santo of AVamsi a T=e1wes Ceaairna:,Wn n Valkli thi"jiiSrn 2094-,Highly uaarurued in rMSidara SchoW Math
Scnemces
pdiasaea"si appaa^a Univeisnaywai•�d'OWn8tm,Se larPalibli Hcwtu
anmct Community IMcOieiaue
Taxicology k pyniuustn aT If ry&nc(Envirramamieanaap A
-UPxP4tvhWt)
T esas Companson or Body Btu ass Pirodwed by lishWaRion and lDrinnnW Expasum to Xylenr
Bachdoes Dcgmr Wrsamara Wwhicogkm Uaauveusity
Emwliurm menud HIcaidla Concentmakm WA
r'e•ra cd& dapa#tipe'II auxaeanaanppy ecm named commErniions
As sa:ianmws ame ISerllevtue has mrmu nhy Cauareppe
CWqc6v Pre.Major WA
Licenses and Cerdricates
pdt. _. •IRR Hmzwoper Saaae as9'U ah,,DepL o&"IFrnwiiironaanercoacnT Quality
Touu rut the taxiodogy p aixum of Om coume to IC EQ erappsnerrs amd projm amananp a& Have not
kept L urrerua suanee amarving to All I6rm in p
II eprowe i('Gaeaa'bums W Hollreyuai AmcricnAftnourz duxananS the saumrzimuer, aaxut or SUaa$nwrsya
Alaska. My ramate eves naps the rJ'ondirse Hii"y era Whhchww,,Yukon Territory and retu m'Alinh
difforeant psi.^cagcra ayanvchng Piro m airo intmnrior to tfh&ir cruise ship in Saaawvaay,
Additional Infommifion
Whik avaarti ng for p..Vasnpa r.155,r ww Orairied us ak peacapitataw pear aiispausae una ons. r%vans Bassi geed
mnanaseam an develop M-MmimenaRions foram establishmera aui`OrcrOve ern ageRcy rcsp
Confirmation of the Mayoral Appointment to the Solid Waste A... Page 174 of 237
AGENDA ITEM #D.1.
capabilities ng our authority provi by the es Hazardous Substursecs Mitigation
,Act,what
actions should logically be taken given the s expertise.equipment&budget constraints.The
presented tesan our landings withus 4 months(Z months ahead or schedule)to the UDWs
F-xcmvc Director and department heads,Our findings were so well received that the list or
"Immediate Needs for ergs y 'was met and the Director petitioned IcUislistois for
increased authority and funding for lut7anious washc emergencies.
• Host a weekly show on world music&Ior'man the board'to bronakast.mard public
mectings. Read imuftic and weather lorccest,public ise&community announcements and
play music.
• American Industrial Hygiene Association. ric Northwest Section Scholazinup.1
• During the summer months while an undergraduate at Western Washington Uravcrsitya friends
I would migraw north to Skagway to drive passengers to&frorn cruise slips up the "arsc
Yukon Highway to Whitchmse,Yukon Territory, Although paved a this highway
was a 2-lam gravel toad with a 17 gradle,a challenge with a bust 01`45 passangers and their
luggage.The training. to became a driver was rigorous-.it included L training,advanced
[tar the elderly in remain situations],knowledge of the Khrimike Gold Rush and public speaking
(because while ely negotiating this 17 Iowa gravel read with a tooded tour bus.we were
expected to give a riveting tnur on crossing rise Chalk !),
• With the help of other members an the campaign commillim,same am fu ing$750,000 to finish
the interior touches orthe new Kodiak blie Library.As or 711112,%v ve raised nearly 7 of
our goal in Ca anon
• Hiking.flik-ing.Skaing.Son Kayaking.Foreign Travel.Cooking.Reading.and spending time with
¢ray husband and kids.
• This involves magcrat preparation,scmd dilutions of the extracts toe using micropirictics,careful
loading sera well plate With micro Iners of multiple solutions in c. order and loaning rot
proper mcisbution of antibodies as-A substrate development for ch plus mading. Proper
techniquels critical to obtain usable maults that have a standard curve with a high t3 value(.099)
and low coefficient ory 'ati between replicate pi (<10%).Data entry of analytical results
on Excel spreadsheet and mathematical extrapolation orchoomatograph meding to micrograms;or
toxin por 100 Vann or Ossue rear publication in szziencejourools.
Confirmation of the Mayoral Appointment to the Solid Waste A... Page 175 of 237
AGENDA ITEM #D.9.
, KODIAK ISLAND BOROUGH
I�A�)J��%��/rig//i/,
w � ' IDNISORY BOARD
NAME TERM HOME WORK CELT. EMAIL
PHONE PHONE PHONE
Jennifer Culbertson 2017 512-7338 488-6339 512-7338 Inezien(8lholmail.eom
PO Box 8837
Kodiak,AK 99815
Steven Nelf 2016 486.2033 573-247- swnee0amail.com
3240 lake View Drive 6064
Kodiak.AK 99615
Nick Szabo (Chair) 2015 486.3853 654-3853 herscheI@ggjJ,0,gj
PO Box 1633
Kodiak,AK 99615
Vacant 2016
Vacant 2016
Construction Business Representative 2015 481.3745 486.9745 414-791- sia37450vahoo.com
Scott Amdt(Vice Chair) 481-3333 3745
PO Box 76 (Fax)
Kodiak,AK 99615
Retall Business Representative 2015
Vacant
NON-VOTING EX-OFFICIOS 2017 488.0977 486A949 539.5836 danschrert(1lkibassemblv.oro
Assembly Rspreserriative
Dan Rohrer
PO Box 786
Kodiak,AK 99615
KIB Staff Representative 486.9348 111oka(J4kodiakak.us
Joe Upka
U.S.C.G,Representative 487-5320 roberl.f.aray(Musco.m.9
Robert F.Gray.Environmental Ci &fon Chlell x2249
Base Kodiak 487.5494
(Fax)
City of Kodiak Representative 406-5060 mkozak0Qdtv.kodiak.ak.us
Mark Kozak 486-8066
2410 Mill Bay Road (fax)
Kodiak AK 99815
This board is governed by Kodiak Island Borough Code 2.145
4869343 btuckeE@kodia%ak.us
13LAy �/ 465-9343 ic1av1Mkodlakak.us
DEAARTMENT:.
Revision Date:V2312015
Revised bye AM
Confirmation of the Mayoral Appointment to the Solid Waste A... Page 176 of 237
AGENDA ITEM #D.2.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6,2015
ASSEMBLY REGULAR MEETING
TITLE: Declaring a Seat on the Personnel Advisory Board Vacant(Tom Lacey).
ORIGINATOR: Angela MacKenzie
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
On Monday,July 13, 2015,the Clerk's Office received notification of Mr.Tom Lacey's
departure from Kodiak and no longer serving on the Personnel Advisory Board.
2.100.070 Vacancies.
A. Other than by expiration of the member's term,the assembly shall declare a seat vacant
when a member.
2. Resigns and the resignation is accepted;
D. in the event of a vacancy on a board, committee, or commission for any reason other than
normal expiration of a term of office, the clerk shall cause notice thereof to be published at
least twice in a newspaper of general circulation within the borough.The notice shall set forth
the vacancies and any qualifications of members.The appointing authority shall appoint a
new member for the remaining unexpired term in accordance with KIBC 2.100.030,
RECOMMENDED MOTION:
Move to accept,with regret,the resignation of Mr.Tom Lacey from the Personnel Advisory
Board for a term to expire December 2016, and direct the Clerk to advertise the vacancy per
Borough Code.
Kodiak Island Borough
Declaring a Seat on the Personnel Advisory Board Vacant(Tam... Page 177 of 237
AGENDA ITEM #D.2.
Angela MacKenzie
Subject: FW-PAB Tom Lacey
From:Lauri Whiddon
Sent:Monday,July 13,2015 4:31 AM
To:Clerks
Subject:PAB-Tom Lacey
Good Morning,
While trying to schedule the next PAB Meeting with the Board,Tom Lacey replied to my email on July 10,2015 notifying
me that he had moved to New York to accept a new job.He said that he notified me via email,however I could not rind
an email from him.Perhaps he sent It to the Clerk's Office directly?
I just wanted to notify you of this so you can do whatever needs to be done to update the roster and fill the vacant
position.
Thanksl
Lauri
Lauri Whiddon,PHR,SHRM-CP
HR Officer/Executive Assistant
Kodiak Island Borough Manager's Office
7MU IsA41,,Bay Riow.1
IIK!ui&A:AK 99515
1p9107)U&9314( caw)
I�urwP„!66q�a�;�tiro„fi�u IM..!�;w^M,h%IW;^I,W�adi!k.i.
I,hiitlpfu�"�'u�aw,�^uwd IW„ua r�ilxll�al're.au„u,�,
t
Declaring a Seat on the Personnel Advisory Board Vacant(Tom... Page 178 of 237
,F4GENDA ITEM . .
KODIAK ISLAND BOROUGH
J
1!� 1r a '� �i���l
NMI � '. Q��l � i EI► lSgO�RY BOARD
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Veralynn"Lynn"Bash 2016 486-6807 486-6807 907-830- lynnbashOracketmall.com
3117 Monashka Bay Road 4780
Kodiak,AK 99615
Lindsay Howell 2017 419-450- 486-9880 419-450- fildMY122291 kanaweb.ora
1517 E.Rezanof Dr. 6664 6664 h
Kodiak,AK 99615
Tom Lacey 2016 654-9186 486-6174 654.9186 t lacev yA
PO Box 1891
Kodiak,AK 99615
Curt Law 2015 486-4636 486-4700 GOr1kadfak.orp
Po Box 42
Kodiak,AK 99615
Brenda Zawacki 2017 487-4986 486-9558 539-7557 brenda.zawacki orovfdenca,org
PO Box 8662
Kodiak,AK 99615
This board is governed by Kodiak Island Borough Code 2.15
y' ao1
Declaring a Seat on the Personnel Advisory Board Vacant{Tom... Page 179 of 237
AGENDA ITEM #D.3.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 6.2015
ASSEMBLY REGULAR MEETING
TITLE: Confirmation of the Assembly Appointments to the Fire Protection Area No. 1
Board (Paul Vandyke and Jeff Halcomb.
ORIGINATOR: Angela MacKenzie
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
There are currently two vacant seats on the Fire Protection Area No. 1 Board for terms ending
in October,2015 and October, 2018.The Clerk's Office received applications from the
following:
• Douglas Payelle on May 7,2015
• Paul VanDyke on May 22,2015
• Andrew DeVries on June 1,2015
+ Jeff Halcomb on July 20,2015
The FPA1 Board has recommended Paul VanDyke to fill the seat term ending October,2015
and Jeff Halcomb to fill the seat term ending October,2016.
Per KIBC 4.15.040(E),the service area board may submit its nomination of a person from the
submitted applications to fill the vacancy to the assembly.The assembly shall appoint a new
member selected from the submitted applications for the remaining unexpired term.
RECOMMENDED MOTION:
Move to confirm the Assembly appointments of Mr. Paul VanDyke for a seat tart ending
October 2015 and Mr.Jeff Halcomb for a seat term ending October 2016.
Kodiak Island Borough
Confirmation of the Assembly Appointments to the Fire Protec... Page 180 of 237
AGENDA ITEM #D.3.
�1p 4�w,�nrni
KOQIAK ISLAND BOROUGH
f ''ION;,AREA NO. 1 BOARD
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
ScoltAmdl 2017 481-3745 486-3745 512-2765(Cell) SIQ7450vahoo.com
PO Box 76 481-3333 414-791-3745
Kodiak,AK 99615 (Fax) (All.Cell)
Richard Carstens 2017 4864282 perfectaarents(Mak.net
PO Sox 2676
Kodiak,AK 99615
Rebecca Nelson(Chair) 2015 486-2527 487-5808 539-5592 huntress(Moci.net
PO Box 3086 Ext.1 Rebecca.l.nelson0usca.mil
Kodiak,AK 99615
VACANT 2015
VACANT 2016
Non-Voting Ex-Officlo
Bayside Fire Chief
This board Is governed by Kodiak Island Borough Code 4.80
4869343 btucker@kodiakak.us
4969343 iclav@kodiakak.ua
�+S9 pi�1�EPAfrTIMEN7
Revision Daw W3012015
Rwsed by,A
Confirmation of the Assembly Appointments to the Fire Protec.., Page 181 of 237
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AGENDA ITEM #D.3.
Rf
EUIVED
p 710 ill Bay Road,Room 101
OFFICE T CLERK
Kodiak.AK 99615
Phone:(907)486-9310 Fax:(947)486-9 1
�s
njavtarCkodiakak.us x r
APPLICATION r NWENT TO BOARDS,COMMITTEES AND COMMISSIONS
p o ee/ a ission:__ ®�� ®R-ar-ne,� -? nA
s nal t or group representation applicable),
Please Information given an your application Is made available tpublic,Staff
11 require the use of a mailing address,small address,and contact phone number to provide board
and I Infannation.
Residence -7 .t/1G Phone:
Mailing Address: /,191 C ll n elf z- ZC1V IL
Ernall [L- G c Fax Number
Length of Residence In Kodiak-- Registered to to In ? No
Ernplayer/Occupallon: ®,0, /dc, o «ta`IF
organizations you bel p t r p c ate in;
L ®2.fs
in your main reason t i Sy 11t., C. ,46L FI /s ec-r I
Odc VW1 110- 717411
What background,experience, expertise will you bring to a membership?
IjAvp S,Z ✓r-d e161 !z 17o D I°I 1 "t®A'rs fin.
I S t! a tZs FiAa P G T"l -, 1 S r -r
Am you available for U r meetings? _ S Pursuant go KIB 2-iDO.070 n by wpiration Wine
nwnbars tem.the samnbly shall dodam a mat Vacard When a nWMW ffftm Knee coftecullvely hey regular a and Is not
Signature Ilant: /
A maurna or Fafter or Inteml y a s n a Q W'Im kept on ale for am year. a be aware
that ftre uwy be an applicathan doiWine. , it applicable, am avallable on B h Wahshe at
k takak, or to the NoNce of Vac3ncy onnouncenvinft advadked In r.
ONLY-
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Confirmation f the i Appointments it ... Page 183 of 237
0
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UM T �PPt�f S Fi t� APPUCATioN FOR APPOINTMENTTO SERVICE AREA BOARDS
BOARS Ci sip t& a Ir®m god
Fill mg are a"OcaW leer the serAm Ara ftwft AM&ft t Bmt t! jt;UW 9
am board you Wish to a fw� You
bray ABA aeg
may submit yaw appkallon by aetall to
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gtgr ke}d9gkplt• o by fax to{ Ogg Ow am al a ml&q *=11 addism and contact phW2 n=bor to pnreMR 6a
-5391,or hand delver it to the Bar trr
2. Clerk°s Office,710 Mill Bay Road,Room
Ns �a°�t
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eta avallatle of .ke&ak.uas.
Mang Address:
t= rax Nwober
Tkm requirements nary larr each of RaWwre In&Mrz Artcr a.5" Reolarear to s in y y Ito C]
rte board.Service area boants are paquined
rt par KI 4.15°B75 try has a regular t4S(Cp
mea*V cxwa a quarter, er mom OwAzzltom You bwwq is of pardc1pur Im x-,' ® S , 1 S A A-
frequently, In accordam wM she
board's vulas of procedure. The most r s trr atd tr�� �cs ea
err
limpodant criteria towma on tow a board is g
ha*g the tkne, kale , and
W M agness to serve.
'NrPar or expenitar wo ym Wing is Ow bowd manbersho?
Service Area Boards included are, .1% we'll at r u l se �! r�• -
• Say Ifiew Road Servibco Affea rd Are you available for regular 7 B° as a.r gatt ��A
• Fire Protection Area No,i Swrd d ffm ffanban LwM OM anwft dW deftm a ad vacant whn a
ammea
• Manashka Bay Road Service Area
rd
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• Missi a egate' Sewke ra ronsw a I&M d r be® nd This aqwkabm kept an Me ko am 7M.Yaw
Am 44E
Board ogfinelm we be WmW e, Poo ffppx*nwL
• Service Area Nm 1 Board
r Wwwns Bay Service,Ana Board d ON Yers Dig 0
PO 19 Mr.
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F� ��
� P A,'r FOR APPOINMENT To BOARDS,C COMMLaStoNs
R C i %f
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Plowas be
u ffi@ he tnr' Nary 1w on n address,to Is de am®i le to th® .....
rdlcommitt commisslon you phone nu r to provitio baud
> are applying for. You may submit and nueding kat
your application by email to 'G-_j � h! Darr P
ate koctiakal�.aas, by tax to R s ®®
(907) 49 9391, or hand deliver it MAng Ad&an: z��� ��ma� �
to the tagh Mork"e Ice„710
Mill Bay Road, Room 101, Kodiak Fax Nuraher, -
aa ah e ; ZZ 3-r'4-- Fw&rwedlovolein Kodak?Ya&K ko D AC 99615. Applications are also —
available at .kodlekak.us, t s$
` ua�lifications to serve very with the arm � re ka
® board,but the most important ones Explain your minin mazon lot ^�,T Jere .ter- K% r°—a,w
are having the time, interest, and
willingness to serve. Time
requirements can very f m three
hours per rrt ih to ° hours per WWI A.4 om m`o ore the a ba
�` E'tr•r�- '4vx� �r�pxr .'r' crr,�r�/ S'»se• f .� �.+, s, r.„.., l�smr
week. Some boards meet
seasonally, quarterly, or when
needed. Please check with the Are you available for raguW Meekir s2 j!s° b W&C R,l ° (A.et Mar Run by
Clerk's office if them is a specific m m m ®nalubw alleges a
board you are Interested In to
determine It your schedule Is Signature of Applicant
compatible with that of the rd. asapile be aro"Owl Onwe may be-Note: In this document the to � �"y a k' magma v '
shall Include any board A .%M 10MY.
,. ;
rl mittee, commission, or council a �
at the Baamugh. rwm CMY0
¢tea Alumewme Own 09 offlor
AGENDA ITEM #A.I.
FIRE PROTECTION AMA NO.1 BOARD
REGULAR MEETING RECEIVED
April 7,2015 6:05 p.m.
BAYSIDE FIRE HALL
JUL 1
1.CALL TO ORDER
CHAIR NELSON called the regular meeting to order at 6:15 PM
BOROUGH CLERWS OFFICE
a ALASM
2.ROLL CALL
Board Members present were Richard Carstens, Chair Rebecca Nelson, Scott Arndt, Kiela
Pickett and Jim Pickett.Also present were Acting Chief Doug Mather's, Mike Dolph, Jeff
Halcomb. Douglas Payelle.Borough HR Officer Lauri Whiddon and Secretary Jenny Clay.
3.ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to accept and approve Elie agenda substituting- 10C. Cabinets and Countertops
Replacement with 10C.Water Tender Project for April 7,2015.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4.ACKNOWLE DGE RECEIPT OF FINANCIAL REPORT
ARNDT moved to acknowledge receipt or the Financial Report.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
S.APPROVAL OF MINUTES
ARNDT moved to approve the minutes of February 25,2015.
VOICE VOTE ON MOTION CARRED UNANIMOUSLY.
6.CHIEF REPORT
Acting Chief Mathcrs updated the Board on various training activities and fire calls. Engine 10
heat gauge showed the engine was overheating. The engine was found to be fine and a new
gauge and sensor was replaced.
7.CHAIR REPORT
Chair Nelson reported working with Acting Chief Mat hers on the Aurora project, a system for
tracking training and run reports. The forms and latch manual forte Safe Ki&% Project —car
seat program have arrived.This was a program funded by donations.
8.STAFF REPORT
None
9.VISITOR COMMENTS
Douglas Payelle spoke regarding unauthorized persons entering Bayside Fire Department and
objects have ended up missing including a personal item of his. He suggested security cameras
rite I'micelino Arco No, I Board Regular Mecring April 7.2 15
Pace I or 2
it Protection Area No. 1 Board RM,April 7, SM, April 14, Page 186 of 237
AGENDA ITEM #A.1.
be installed. He commented he would like to see emergency water and food stored in the Fire
Department its the public and Fire Fighter's families would look tote for support in case of a
disaster.
Acting Chief Doug Mat hers; thanked Doug Payelle for his comments and reported tote board
that they have changed the combinations on all Rocks with exception tote dayroom as it was
used by inany.
GENERATOR PROJECT
Borough Project Manager Matt Gandel informed the Board the bid package to install the
generator came back more than was budgeted. He then went out to bid to procure a generator,
and have it delivered. It would not be installed or include a fencing enclosure. The lowest bid
came in at$28,888. Board discussion ensued.
ARNDT moved to recommend purchase of the generator and the 600 amp automatic transfer
switch fora bid of$28,888 FOB Kodiak.
ROLL CALL VOTES ON MOTION CARRIED 5 TO 0.
10.B.WINDOW REPLACEMENTS
Scott Arndt stated the board agreed that$32,000 was too much money for windows. He was still
in the process of pricing windows which will be installed in phases. He had no further
information at this time. The pricing for just the windows was between $6,000 and$8,000 thus
far. Board discussion ensued. Chair Nelson moved the Window Replacement Project to a future
meeting.
10.C.WATER TENDER PROJECT
Chair Nelson and Vice-Chair Arndt drafted a letter to Senator Stevens and House Representative
Louise Mutes requesting additional funds to urea Water Tender. Arndt informed the Board
the was no chance of additional funds from the State this year as it was not a registered project.
The Board needed to take action to add the Water Tender Project to the Borough's Capital
Improvement list. The Capital Improvement List was on the agenda for Planning and Zoning
next Legislative Session in January 2016. The Water Tender estimated at $412,000. The
funding requested from the State of Alaska was$100,000.
ARNDT moved to recommend placement on the Borough's Capital Improvement List, a Water
Tender for Fire Protection Area No.I with a total cost of$412,000, have budgeted 312® and
requesting$100,000 from the State of Alaska.
ROLL CALL VOTES ON MOTION CARRIED 5 TO 0.
CHIEF HIRING PROCESS — Executive Sewien — Evaluation of Applicants for
Hayside Fire Chief Position.
Fqrc Protection Area No. I ® Regular Meeting April 7,2015
Page 2 of 2
it Protection Area No. 1 Board RM, April 7, SM, April 14, Page 187 of 237
AGENDA ITEM #A.1.
Chair Nelson excused Board Members Kiela and Jim Pickett due to conflict of interest.
CHAIR NELSON recessed the meeting to go into Executive Session.
CHAIR NELSON reconvened the regular meeting.
11.VISITOR COMMENTS
one
12.BOARD COMMENTS
one
13.NEXT MEETING SCHEDULE
A Special Meeting was scheduled for April 14, 2015 at Bayside Fire Department for an
Executive Session to discuss applicants for Bayside Fire Chief Position. Also scheduled were
two dates for interviewing applicants fart Fire Chief position on April 27,2015 and April 29,
2015 at 3:00 p.m. to 7:00p.m. The interviews were to be held a[ the Kodiak Island Borough
Building.
14.Adjournment
The meeting was adjourned at 9:06 p.m.
SUBMITTED BY:
Date:
AyClay. and Secret
KD3 Engineering/Facilities Department
APPROVED BY:
Date: �r
Chair Rebecca Nelson
Fite PrulLetion Area No. I Board Regular Meeting April 7,2015
Page 3 or 2
it Protection Area No. 1 Board RM, April 7, SM, April 14, Page 188 of 237
AGENDA ITEM #A.16
..........
FIRE PROTECTION AREA NO. .1 BOA RECEIVED
SPECIAL MEETING
April 14,2015 6:05 p.m.
'1 3 5
BAYSIDE FIRE HALL JUL X4
1.CALL TO ORDER BOROUGH CLERK'S OFFME
DIM
ALASKA
CHAIR NELSON called the regular meeting to order at 6:05 PM KOX�
2.ROLL CALL
Board Members reset were Richard Carstens, Chair Rebecca Nelson and Scott Arndl. Also
present were Acting Chief Doug Mathcr's, Mike Dolph, Jeff Halcomb, Borough HR Officer
Lauri Whiddon and Secretary Jenny Clay.
Chair Nelson excused Board Members Kicla and Jim Pickett due to conflict of interest.
3.ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to accept and approve the agenda removing item 4. Approval of the Minutes for
April 14,2015.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4.VISITOR COWENTS
None.
5.
® HIRING PROCESS—Executive Session—Evaluation or Applicanis for yside
Fire Chief Position.
CHAIR NELSON recessed the meeting to go into Executive Session.
CHAIR NELSON reconvened the special meeting.
6.VISITOR COMMENTS
None
12.BOARD COMME NTS
None
13.NEXT MEETING SCHEDULE
Scheduled were two dates for interviewing applicanu; forte Fire Chief position on April 27,
2015 and April 28, 2015 at 3-00 p.m. to 7: interviews were to be held at the Kodiak
Island Borough Building. A Special Meeting was scheduled for Bayside Fire Hall on April 29,
2015 at 6:05p.m.This meeting in Executive Session was to discuss the interviewed applicants for
Fire Chief Position.
Fore ProlLclion Area No. I Duard Regular Weling April 14,2015
Page I or2
it Protection Area No. 1 Board RM, April 7, SM, April 14, Page 189 of 237
AGENDA ITEM . .
14.Adjournment
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UAN OUSLY.
The meeting was adjourned at p.m.
SUBMITTED Y:
Date:
Jens y Clay,B;&5ecrelary
KIB Engineering/Facilities Department
APPROVED BY:
Date: ,/r
Chair Rebecca Nelson
Fire Proteclion Area No. 1 Board Regular Meeting April 14,2015
Page 2 of 2
Fire Protection Area No. 1 Board RM, April 7, S , April 1 , ... Page 190 of 237
AGENDA ITEM #A.1.
FIRE PROTECTION ARE A NO.1 BOARD RECEIVED
SPECIAL MEETING
Apr[127,2015 3:00p.m.
KODIAK ISLAND BOROUGR CONFERENCE RO'QM JUI 13 2015
1.CALL TO ORDER -90ROUGH�CLEFW FMCE _J
So
KA
CHAIR E LSON called the regular meeting to order at 3:05 PM ti t ......
2.ROLL CALL
Board Members present were Richard Carstens, Chair Rebecca Nelson and Scott Arndt. Also
present were Acting Chief Doug Mather's, Mike Dolph, Jeff Haicomb, Borough HR Officer
Lauri Whion and Secretary Jessica Basue).
3.VISITOR COMMENTS
None.
.I FOR BAYSIDE FIRE CHIEF POSITION
Four applicants were interviewed in person:Troy Brevik, Scott Krantz, Donald S.Strubhart and
Rome Kamai.
5.ADJORNME NT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 735 p.m.
SUBMITTED BY'.
Date:
]en ' Clay,Board 'ecretary
KID Engineering/Facilities Department
APPROVED BY:
Date: C-1-21111-3
Chair Rebecca Nelson
Rm Protection Area No. I Board Srwdal Meeting Apiril 27.20115
Page 11 of I
it Protection Area No. 1 Board RM, April 7, SM,April 14, Page 1 91 of 237
AGENDA ITEM #A.1.
FIRE PROTE CTION AREA NO.1 BOARD —11-1---�
SPECIAL MEE TING RECEIVE5--
April 28,2015 3:00 p.m.
KODIAK ISLAND BOROUGH CONFERENCE RM M F AL 13 2015
1.CALL TO ORDER
O'DRCHIG CLERK'S OFFICE
CHAIR NELSON called the regular meeting to order at 3:00 PM Imon X A
2.ROLL CALL
Board Members present were Richard Carstens, Chair Rebecca Nelson and Scott Arndt. Also
present were Acting Chief Doug Mather's. Mike Dolph, Jeff Holcomb, Borough HR Officer
Lauri Whiddon and Secretary Jessica Basuel.
3.VISITOR COMMENTS
None.
4.INTERVIEWS FOR BAYSIDE FIRE CHIEF POSITION
our applications were interviewed via sky pe: Howard S. Rue, Ron Bowers. Joseph Dill ey and
Robert Hume.
5.Adjournment
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 6:45 p.m.
SUBMITTED BY:
L Date: 4e�'-
Jh7ny lay,tqq rd Secretaryy'
K"
K113 Engineering/Facilities Department
APPROVED BY:
;.......... Date:
Chair Rebecca Nelson
Fire Protection Area No. I Board Special Meeting April 27,2015
Page I of I
it Protection Area No. 1 Board RM, Apdl il 14, Page 192 of 237
AGENDA ITEM #A.1.
FIRE PROTECTION ARE A NO.1 BOARD -EIVED
I rRF .............SKA
C
SPECIAL MEE TING
April 29,2015 6:05 p.m.
BAYSIDE FIRE HALL JUL 1 3 �2015
c 0
1.CALL TO ORDE R 8 IR U6H CLERWS OF coca
K MAK,ALA.
CHAIR NELSON called the regular meeting to order at 6.05 PM E02..................
2.ROLL CALL
Board Members present were Richard Carstens, Chair Rebecca Nelson and Scott Amdt. Also
present were Acting Chief Doug Mather's, Mike Dolph, Jeff Holcomb, Borough HR Officer
Lauri hi on and Secretary Jessica Basuel.
3.ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to accept and approve the agenda.
ARNDT moved to amcnd t e a genda by adding the acceptance of resignations of Jim and Kiela
Pickett.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
ARNDT moved to accept the resignations of Jim and Kiela Pickett.
ROLL CALL VOTE ON MOTION CARRIED 3 TO 0.
VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY.
4.VISITOR CONEWENTS
Patrick Callahan, USCG Fire Fighter and Volunteer for Bayside reported on a grant runded
training class, which was held May 7-9, 2015. He was concerned on the current condition of the
bum facility.He asked the board to have the fire boxes cleaned out.
Acting Chief Mathcrs responded to Mr. Callahan's concerns and agreed to have the fire boxes
cleaned out.
S. CHIEF HIRING PROCESS—Executive Session—Evaluation of Application fo si de
Fire Chief Position
CHAIR NELSON recessed the meeting to go into executive Session.
CHAIR NELSON reconvened the special meeting.
The rating team met and evaluated the applications for Bayside Fire Chief position. The rating
team committee recommended three candidates- Howard S. Rue,Joseph Dilley and Troy Brevik
tote next phase in the hiring process.
Forc,Protection Area Nm I Board Special Meeting April 29,2015
Page i nr2
it Protection Area No. 1 Board RM, April 7, SM, April 1 4, Page 193 of 237
AGENDA ITEM . .
.VISITOR COMMENTS
None
7.BOARD
None
S.NET MEETING SCHEDULE
To be announced.
9.ADJOURNME NT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 5:45 p.m.
ED :
I Date:
3 ny Ciay, oard Secretary
KIB Engineering/Facilities Department
APPROVED Y:
. . Date:
Chair Rebecca Nelson
Fire Proladion Area No. 1 Board Special Marling April 29,2015
Pagc 2 of 2
Fire Protection Area No. 1 Board RM,April 7, SM, April 1 , Page 194 of 237
AGENDA ITEM #A.1.
°I PROTECTION AREA NO.1 BOARD
SPECIAL MEETING
June2,2015 6:05p.m.
BAYSIDE FIRE HALL
JW 13 206
1. r
CALL TO ORDER ._a
ORCM
CHAIR NELSON called the special meeting to order at 6:05 PM PC
2.ROLL CALL
Board Members present ere Richard Carstens, Chair Rebecca Nelson and Scott Am& Also
present were Acting Chief Doug Mather's, Mike Dolph,Borough IT Supervisor Paul Van Dyke,
Borough HR Officer Lauri Whiddon and Secretary Jenny Clay.
®ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to accept and approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4.VISITOR COMME NTS
Paul VanDyk-e spoke to the board about his application to be appointed to the Bayside Fire
Board. He offered tons er any questions the board may have.
5.CHIEF HIRING PROCESS—Executive Session—Evaluation of Application for Bayside
Fire Chief Position
CHAIR NELSON asked the Board to recess the meeting and to go into Executive Session.
ARNDT moved to go into Executive session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
CHAIR NELSON reconvened the special meeting,
ARNDT moved that the board would interview the applicants for the Chief position on July 17,
2015.The out of town applicants would travel to Kodiak on July 16,2015 and leave on July 20,
2015. Bayside Fire Department would pay forte out of town applicants and spouses travel
arrangements,hotel,per them and provide a Borough vehicle,
ROLL CALL VOTE ON MOTION WAS 3 TO 0.
6.VISITOR COMMENTS
one
Fire Prolmlion Area No I Word Special ccling June 2.2015
Page i or 2
Fire Protection Area No. 1 Board RM, April 7, SM, April 14, Page 195 of 237
AGENDA ITEM #A.1.
7.BOARD COMMENTS
Richard tens–Asked that if any of these arrangements did not work that the Board members
be notified right away.
Scott Amdt–None
Rebecca Nelson-None
8.NEXT MEETING SCREDULE
Next regular meeting was scheduled for June 2 ,2015 at 6:05 PM
9.ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at :01 p.m.
S :
Date:
Jenny Clay, card Secretary
KIB Engineering/Facilities part ent
APPROVED :
.. ��., ate: A;0jua-
Chair Rebecca Nelson
Fire Protcction Ana No. 1 Hoard Special Mecring June 2,2015
Page 2 of 2
Fire Protection t o r April 7, SM,April i , Page 196 of 237
AGENDA ITEM .1.
t % FODIAK ISLAND LOCAL EMERGENCY PLANNING COMMITTEE)
EMERGENCY SERVICES ORGANIZATION
QUARTERLY MEETING
Janus ,2015 1: - s bars
WELCOME AND INTRODUCTIONS
Jack Maker welcomed everyone and called to order the January 1 LEPCIESO Quarterly
Meeting t 1.33 p.m, He welcomed Bill Morrow from the Alaska Red Cross.
RECOGNITION ATTENDANCE
LEPC Members r t: Others Present:
Rhonda Wallace Bud Cassidy
Eric I Is art
Darsha Spallnger Margie Draskovich
Tom Trosvig Neil Ham dt.'IG,, 13
Stacy Studebaker Aimee Kniaziowskl
Mike of i BOROUGH CLERICS OFFICE
Thomas Logan Derrik Magnuson KODIAK ALASKA
Jill Missil Debra Marlar
Kathrynn Hollis-Buchanan II Morrow
Jim Mullican
Lon While
Dais& Marie is
Bob Tucker
APPROVAL OF AGENDA
Lacy Studebaker MOVED to approve the na.
VOICE r UNANIMOUSLY
MINUTES APPROVAL OF
a. October 28,2014 a l r Meeting
Eric Olsen MOVED to approve the October 28,2014 inutes,
VOICE VOTE r UNANIMOUSLY
PUBLIC COMMENT
None
REPORTS OF SUB-COMMn-MES
Maker stated the only sub-committee ri t now is our Outreach Committee. Darshe Spalinger, Ann
Elfingson/Sally Dorman,and Tom Logan volunteered to be on this committee.
Tom Logan stated we met for lunch last week and i ded we're looking into emergency
preparedness backpacks e can distribute. People can fill In with their emergency to go kits to
Include flyer Inside with everything that should a put in the kit. We are hoping to have the
available for Polar Bear and possibly Crab Fast.
BUSINESS OLD
a. Incident s (i Training
Neil Horn state he's the o Enforcement Officer with the or . Those who have done any
Incident Command training that FEMA has a plethora of courses on their website.You can complete
these courses free of charge. Many of them are one hour courses. Any type of emergency that you
can think of in your facility there's a course for It on the ebite. He encouraged everyone to at
least take ICS 100 and 200 courses is are the basic foundation of t we do In r ncy.
January ,2015 e I of 5 LEPC/ESO Minutes
Fire r c i Area r ,April 7, SM, April 14, Page 197 of
AGENDA ITEM #A.1.
Go onto a sit , log on t ent,got a student number,from there you can participate
In any of the online courses available o you. Once yGu've completed 100 and 200 you can build
up into other courses. Once you've number of the sic courses that then opens you up to
wider courses available at the training t i t or the ncy Management Institute
hick are paid for by FEMA. Look through the out and take some the online courses and then
look at doing some f the more v u . If you have the time v it 1 , If State II sponsor
you and FEMA will pay for it there are some outstanding cor es. We have lacked on the 3DO and
training hic Is the v nc level training. Horn and Chief Mullican will be running ICS 300 and
400 courses quarterly basis- The first course will be the back and of April. He encouraged
everyone to go on the t and t well educated In all elements of ICS and Emergency
Operations. ti Chief training a position specific training you must have taken ICS 300
and .The State Is u in the for more instructors in Alaska.
Aimee l ski stated we've received financial support from the t for folks that are Involved in
our local Emergency Management Team to attend position specific training. It's very Intense, high
level, it's about a week Ion '1 done that for a year or two. It's also available with soma
of the th r training r s.
Kodiak b. c I Maker stated he hasn't had n luck getting someone to come and speak to this tiE they are
back In town. He put out an ail out to the r i from John Cummings who Is the Public
Affairs i list with the ! and they provide us with Kodiak u Complex
summary.If anyone has sti s email them to Maker and he will see if he can t them answered.
Establishing c. tr Committee
Maker stated it covered this rin the sub-committee reports. He said they are becoming
active and finding utr materials we can purchase it our grant funds to itri ut at events.
BUSINESS NEW
a. Approval to Expend LEPC Grant r it
Maker said in the packet he included the rant guidance for Items purchased using grant funds.
We have budgeted a total of in our grant application for outreach that Includes the purchase of
outreach t ri ls.booth rentals,and items for outreach events.
Tom Trosvig MOVED to approve the itur of In LEPC outreach fun s for the u h
of outreach items to used as at outreach events.
VOICE r
b. Election f LEPC Chair
Maker opened nominations for chair of LEPC.
Tom s " nominated Jim Ilic .
Due to 111 not being an LEPC member yet Maker stated he will check with the riel Fonteyne
to find out it they I ct a new air before 's actually a member. He doesn't think r will be a
problem caul the nts to see these L moving forward t r than be hold
back by administrative issues.
There were no r e nominations.
VOICE r ON FOR JIM MULLICAN AS CHAIR CARRIED UNANIMOUSLY
c. November i,2014 Fuel Barge Grounding Debrief
Maker stated he was unable to contact Sarah Lovette in to speak to i . He said at this
point he can say we did have i with Lt.Lovette and other members the ri Safety
Detachment re In Kodiak to discuss the grounding of that barge.One best lessons learned
from that rou i as how the t Guard does a great job of addressing o issues It was
refloated,ins ct elu I and v i t great,but the n area where they realized they
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AGENDA ITEM U.1.
had a breakdown was communication with the city and borough.The city and borough were not
notified.
Tom Logan stated the Base orders Joel 3 or 4 times a year at that quantity. This barge was for our
delivery.The reason that there were notification issues with this barge is because there wasn't an oil
spill and that didn't activate the protocol to nolity. It was a good lesson learned and there were things
taken from that. We ended up taking an more fuel than expected to lot that barge go empty due to
structural damage to the barge. We let them slay at the Base to weather out the storm that was
coming In sot wouldn't have any issues near town. It ran smooth forte grounding, we were
lucky. In that plan, there was no notification If there was no spill. He said they are currently doing a
rewrite of it SPCC Plan that will be up for public comment probably next month.
Aimee Knlazlowskl stated from the city's perspective,what happened was we were never notified,our
mayor was called at 3:30 a.m. and said there was a fuel barge that had run aground in the harbor.
She couldn't got a of of anyone and finally reached Kniaziowski early morning. That's not our
normal protocol to call the mayor. It triggered a sodas of events an our part to make sure we have
people aware and ready to respond In the event there was a fuel leak,
Jim Mullican stated with something like this the potential being so large we don't want to it until
there's fuel flowing before we got people spun up to react to It.
d. Emergency Operations Plan (EOP) and Incident Management Team (IM'F) Activation
Procedures
Nall Horn stated there are a number of people who watch what is going on constantly assessing
events.We have the Incident Management Team, the EOC, and the EOP that are there to activate It
an event looks like it's going to expand or Is expanding, hat; expanded or looks like it's going to
expand outside of our normal capabilities. At the it the EOP is activated Kodiak dispatch calls the
Emergency Director and explains what is going on, then the Emergency Director makes the decision
of who to recall,what its oft plan to activate,do we need to got everyone into the EOC or do we
need just specific members to discuss what the next steps will be. From there we start gradually
building up the Incident Management Team and call In the various members.We may start requesting
State assets.We start small, activate the plan, activate the Emergency Services Director and It's the
Direcloes decision on what do we need and how big we need to go. It depends on how big the
Incident Is as to how many people get Involved, and Is looking at does that incident expand outside of
our normal daily capabilities or It may be within our capabilities but It needs coordination with a
number of different assets.
Kniazlow skis tated we did a minil IMT slandup with the last rain event.
e. Pills to Polar Bears POD Exercise
Maker stated he attended one of the teleconferences. Nell Horn Is probably more up to speed on It
than Maker and he's going to a planning meeting this month to discuss that and do more planning in
regards tot t exercise.
Nall Horn stated Pills to Polar Bears Is an every 3 year exercise that the Department of Health &
Social Services runs is is to look at pushing forward drugs from the strategic stockpile, looking at
a major pandemic ors for of Instant that we build up and that requires prophylactics from the
strategic stockpile to be pushed forward for various locations too up points of dispensing (POD).
POD's are basically a drive4hru administration or a walk-in administration where a large area Is set
up, members
oft community come to got whatever the drug may be, It's an exercise for issuing
vaccines.This year's Pills to Polar Bears will be May 11""— M. It's going to be Anthrax and he's not
sure It It's going to be a terrorist threat or a pandamic threat from Anthrax. DHSS is looking at flying
out exercise drugs to be administered either on the 14th or 15'h. From the DHSS perspective the Coast
Guard Is doing a closed POD and he doesn't know If Providence will have an open or closed POD.
There Is a in planning conference on January 14" and I e to finalize the details. As a community
we need to find out at level of participation we want to put into this. It's an opportunity to exercise
the Incident Management Team,the now Emergency Operations Plan,and to finalize the POD Plan.
January 6,2015 Page 3 of 5 LEPUESO Minutes
it Protection Area No. 1 Board RM,April 7, SM,April 14, Page 199 of 237
AGENDA ITEM #A.1.
f. Approval to Expend LEPC Grant Funds for an Emergency Preparedness Booth at Crablest
2015
Maker stated last year's Emergency Preparedness booth was a huge success thanks tot Stale
sending over the earthquake simulator along with personnel to help with that.There was a lot of good
press and a lot of emergency awareness raised through the booth. We won't be able to have the
earthquake simulator at this year's CrabFast although he thinks we can still have the same Impact by
having the preparedness booth not where It was With the earthquake simulator but In with all the other
vendors. He believes this should be an annual event and to partner with the Red Gross,ADEC, Public
Health to do a group preparedness booth. Estimates of up to $1,000 should cover the booth rental.
We'll use Bayside's tent for the booft We'll also got same additional outreach materials.
Kathrynn Hollis-Buchanan MOVED to approve the expenditure of up to $1,000 in LEPC grant funds
for an Emergency Preparedness of at CrabFast 2015.
VOICE VOTE ON M077ON CARRIED UNANIMOUSL Y
g. LEPC Support for Creating a Joint Bot ty Emergency Management Specialist
Position
Maker stated he provided In the packet an actual job description for that position that he pulled from
the Internet. He feels this position would show KodlaWs commitment t o e mergency preparedness.
Right now it's a collateral duty fors many different people and so many people are Involved In it that
this would bring it to a local point for one position basically handling all the Emergency Operations
Plans and Hazard Mitigation Plans and keeping those updated, tabletop exercises for the IMT.
managing the ICS training and all those lists, keeping the IMT activation lists updated following our
resources that constantly change. Maker can't devote the time he feels needs to be committed to
emergency preparedness. Anchorage, Fairbanks, Juneau, Kenai Peninsula Borough, and the
Aleutians Borough all have a position. The progress Juneau has made with regards to mutual aid
agreements, developing partnerships, creating smooth communication between all the different
entities that would be Involved In an actual emergency. they are so far ahead of all of Alaska. It would
also take duties away from the Fire Chief with regards tot allowing him to focus more an what he
needs to focus on. As far as support to LEPC we could just have the chair to a letter tote Mayor
Pat Branson, city council members. Mayor Jarrol Friend, and assembly members or we could do it
more formally through a resolution to the city council and borough assembly. The State funds
positions like these for other communities and there's always the chance those funds would go away.
Aimee KnIazlowski stated she recommends the borough and city discuss It because joint positions era
very diff[cult for reporting,supervising,and financing.The city council fort last six years has said no
new positions except in an emergency. 11 out be good to got a feel for what this proposed position
is and how It would work on the two bodies. It sounds a lot like the emergency services or the
coordinator position which Is generally the it Chief. Everybody is picking up bits and pieces when
they have time but there are so many potentially moving parts that It needs to be mapped out first and
then come back to LEPC to request a recommendation. She attended the position specific training
and they were surprised that Kodiak didn't have a similar position.
Bud Cassidy stated he echoed what KnIaziowskI said. It this committee feels a position like this Is
critical then pass a resolution and get that bottoms up flow because you are the ones who are day to
day wise In touch with the kinds of things that occur.We need to find out If there is State funding for
this.He recommended to keep this It on the agenda.
Tom Trosvig stated the emphasis oft ICS and hazmat, a lot of things came Gut during Hurricane
Katrina. FEMA did or didn't do it job and It was a real moss. He thinks a position like this Is
warranted because of that.To be prepared you have to have plans In place.
FUTURE BUSINESS FOR DISCUSSION
a. Other Items of Interest for the good of the order(Open Raporls)
one
January 6,2015 Page 4 of 5 LEPC/ESO Minules
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AGENDA ITEM .1.
PUBLIC
None
NEXT MEETING
a. April ,2015
b. Next Local Emergency Planning Committee soci tion(LEPCAYState Emergency
Response Commission( )Meetings—To Be Determined
c. Next Division of Homeland Security&Emergency Management( ) BI-annual
Preparedness Conference—To Be Determined
Maker said we can have two people from our LEPC attend the conference and the State will fund that.
He offered it up for an officer to attend.
ADJOURNMENT
Tom Trosvig MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
ODIAK ISLAND BOROUGH
LaCAl. ERGS Y NI l� 'G 4CO '� I E E
a i
APPROVED:
f
January 6,2015 Page 5 of 5 LEPCIESO Minutes
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AGENDA ITEM #A.1.
RECEIVED
jifl v':-i 2015
KODIAK ISLAND BOROUGH
PARKS & RECREATION COMMME N CLEWS OFFICE
MINUTES I W 04j MAL�AC��I
KODAK ALASKA
May 26,2015 Regular Meeting 7 p.m.-KIB School District Conference Room
CALL TO ORDER
CHAIR SALTONSTALL caged to order the May 26, 2015 Parks and Recreation regular
meeting at
ROLL CALL
Committee members present were Patrick Sallonstall, Heim Johnson, Sharon Wolkoff,
Marnie Lelst, and Date Stratton. Ex-officia member present was Alan Schmitt. Absent
ex-officio members were Aaron Griffin, Ron Bryant, and Corey Gronn.
A quorum was established.
Community Development Department staff present was it Horn and Sheila Smith.
APPROVAL OF AGENDA
COMMITTEE MEMBER JOHNSON MOVED to suspend the rules to move
Communications Item A up before Old Business and to approve the agenda as
amended.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
MINUTES OF PREVIOUS MEETINGS
COMMITTEE MEMBER JOHNSON MOVED to approve the April 28, 2015 regular
meeting minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
None
COMMUNICATIONS
A) June 17, 2015 Planning and Zoning Commission Agenda
Neil Hom gave an update on the upcoming subdivision case stating there Is no
recreational opportunities on this property.
Brief discussion
COMMITTEE MEMBER JOHNSON MOVED to accept communications.
VOICE VOTE ON M077ON CARRIED UNANIMOUSLY
OLD BUSINESS
A) Killarney Hills,Tract R-2
Alan Schmitt gave an update of P&Zs discussions. He encouraged the committee to
stay aware and come to the P&Z meetings to tell the commission that you continue to
support turning it Into a park. Schmitt stated that if the commission supports the idea of
making it a park then it would require a rezone to Public Use Lands. For a rezone we
P&R Minutes Page 1 of 3 W6120115
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AGENDA ITEM #A.1.
have to ve a public hearing on that and if we approve it then it goes to the l
where ill hold a public hearing.
Brief discussion
} Saltery Cove r il Improvements
Neil Horn stated have a contract in lace. We have the grant from the State for
for Saltery Cove and it improvements. ntr cte with
Island Trails Network.They have one their initial stock take of the traRs and are ttin
an Idea of the work that needs to be done. We are looking to get the most bang for our
buck.
Brief discussion regarding trail conditions, vehicle cc ss, and habitat
Island il Improvements
Neil Horn stated the contract placement goes to the assembly on Jun th and if
approved we'll be an contract to start doing the ork.
} Monashka Bandit tin
Neil Horn stated it's a thorn In our sides. A while back Bob col recommended to
turn it into a park, clear it, make it pretty with trees, and t in some benches to make it
like a vista. It got a bit of steam but went nowhere. There are a number of issues out
there. The Troopers do their best to kick people out of there but it's borough land n
borough ordinance. The place Is ss, trees have tr and boats have
had bullets flying around them.
Brief discussion of it being an ongoing roble couple of members will make a site
visit to see what could be done.
Pillar i n to Womens Bay TMO's Devel
The committee finished reviewing the relayed any changes to Paul Van
updated Dyke. An copy of the will come back to the itt a for review again
In the near future.
BUSINESS NEW
None
REPORTS
Meeting c ul
• June 23, 2015 Parks Recreation Committee meeting-7 t chooi District
Conference o
• July 28, 2015 a ecre do Committee meeting-7:00 p.m.-KIB School
Istria Conference Room
COMMITTEE JOHNSON MOVED to accept communications.
VOICE !ON CARRIED UNANIMOUSLY
COMMENTS AUDIENCE
None
Minutes P a 2 of 3 5126r201 5
Fire r t ci Area o. 1 Board RM,April ,April 1 , ... Page 203 of 237
AGENDA ITEM A.9.
COMMITTEE MEMBER'S COMMENTS
None
ADJOURNMENT
COMMITTEE MEMBER JOHNSON MOVED to adjourn.
CHAIR SALTONSTALL adjourned the meeting a 8:30 p.m.
fECK IAK I ND OR GH
PARKS ION=EE
EE
By:
a al s h
ATTEST
By: ..
Sheila Smith, cretary
Community Development Department
APPROVED:June 23,2015
P&R Minutes Page 3 of 3 samo15
Fire Protection Area No. 1 Board RM, April 7, SM, April 14, ... Page 204 of 237
AGENDA ITEM #A.1.
RECEIVED
Kodiak Island Borough JUL 13 2015
Planning & Zoning Commission
Minutes BoROuGH CLERKS OFFICE
L 0(01310k�j.�IKA
April 15,2015 6:3 pmJn the Mnml��
CALL TO ORDER
COMMISSIONER ARNDT called l o o rder the April 15,2015 regular meeting of the Planning and
Zoning Commission at 6:33 p.m.
PLEDGE OF ALLEGIANCE
COMMISSIONER ARNDT led the pledge of allegiance.
ROLL CALL
Requested to be excused are Kathy Drabek,Jay Baldwin,and Maria Painter.
Commissioners present was Alan Schmitt,Scott Arndt.Pat Olson,and Greg Spalinger.Excused
was Kathy Drabek,Jay BaldvAn,and Maria Painter.
A quorum was established.
Community Development Department staff present was Director Bob Pederson, Martin Lydick,
and Sheila Smith.
COMMISSIONER SCHMITT MOVED to excuse Kathy Drabek,Jay Baldwin,and Maria Painter.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SCH TT MOVED to approve the April 15, 2015 Planning & Zoning
Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SC TT MOVED to approve the minutes of the January 12, 2015 Code
Update special meeting&the February 18,2015 Planning&Zoning regular meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN COMMENTS
Kyle Crow asked how and why Is the Planning Department and Commission defying the law
and routinely denying property owners the right to place or construct minor structural
developments within their private property setback spaces, The Kodiak Island Borough Zoning
Code 17.16D.020 defines what an accessory building is and the difference between an
accessory building and a minor structural development, paragraph C states, Any structure,
regardless of type of foundation or base support, including skid-mounted or other movable
struclum.that also requires a building permit for construction(for example,structures where the
projected roof area exceeds 120 square feet). A minor structural development does not require
a building permit is not regulated by this chapter. Building permits are administered by the City
of Kodiak Building Department In accordance with Kodiak Island Borough Code Chapter
15.10.010 adoption of building and other codes.The city and borough both use the International
Building Code as a mandatory reference document, Section RAOS2 of the IEIC: defines
exemptions from permit requirements for residential construction, this section states that a
building permit Is not required for 1 story detached accessory structures used as tool and
storage shed, playhouses and similar uses provided the floor area does not exceed 200 sq.
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AGENDA ITEM #A.1.
feet.Title 17.150.A.2 states that minor struciural development does not require a building it
or if less than 30 inches above finish grade. Crow gave examples of minor structural
development that are 1 tted and stated they are in the Table In 17.150.040 and this table
provides a heading tie called Minor Structural Development with 3 sub-columns The written
code defines what a minor structural development Is and it states a minor structural
development does not require a building it, is not regulated is chapter, n u r
states at minor structural development does not require ilin permit.The example table
only serves to confuse the issue by listing accessory buildings under the minor structural
development column. The Community Development Department and I ni Zoning
Commission r to have arbitrarily a n to Ignore the fii itio language of the code
In favor of the example table and consequently they incorrectly or unfairly and perhaps
Illegally denying property owner's for exercising their legal rights.
PUBLIC !
} Case 15-014 ( s 1 Regular Meeting). Request a Variance to
construct an accessory building will encroach 5 feet Into it foot tear
yard setback II Estates Subdivision (KIBC( IBC 17.195, 17.160.G60, and
17.06.040.C).The applicant Is Gary E. Sailer and the agent Is locartion
Is 3534 Sharatin and the o ! is R3-Multi-family Resi i I.
Director a on stated he t to pass out an serial photo with overlay.
Martin Lydick reported is variance request is for the purpose of constructing . fool
residential accessory storage building and locating It within the required t rear yard
setback. The applicant's t Is that topography Is limitation l restricts the
development potential of the lot and creates a hardship; e s to utIlize that same
topographical feature for development. The applicant has not demonstrated that he meats the
criteria for a grant of vaftrice under state law or the applicable Kodiak Island Code.
The department is nin denial.
In response to COMMISSIONER SCHMITT'S Inquiry If the aerial photo was done In GIS, Lydick
stated yes.
COMMISSIONER l to grant a variance to construct an accessory building at
will encroach 5 feet Into the required 10 foot rear yard setback on Lot 4. Powell Estates
Subdivision( !BC 17.195, 17.160.060,and 17.85.040.C).
Close regular meeting&open public hearing:
Kyle ro stated when he read the packet online he sees it as i the I n i
and Zoning t and their determination and findings fact. The accessory structure
111 be ilt according to shict International it i s that will cover the department's
structuraliengineering concerns. If you read the table in the e It says that these kinds of
structures are allowed within the rear yard setback. It confuses and concerns him that the
Planning n Zoning Department's determinations and recommendations that these kinds of
ins be denied.The prop" r Is going to i it responsibly with setbacks but ii's not
the entire setback In the rear yard.You have a the i c recently that we would like to
e a friendlier Planning and Zoning Department and some friendlier property owner(inaudible)
determinations issi implores that the commission listen to u li
respect the property owner's rights in this case.
In response COMMISSIONER I i 't you say that this wasWt a minor
building and it's an accessory building, r at it Is o structure,It is not exempt
by the uil i es, under these sections that he referenced earlier,the efinitio , it does not
meet the definition of a minor structural development,It does meet the definition of an accessory
building.
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AGENDA ITEM .1.
Chaz(C dl )Glagolich stated he's very familiar with the Salter property.He helped to build
Salter's porch at which time it was taken into consideration that a storage shed would o whey
It's proposed to go.He n't find any justification for not allowing the variance.
Gary Salter, applicant, stated he received n initial response from the Community evlop et
Department recommending de ial of his variance request. This variance o not Impact
create o hazard to the edge of his property.There is no fire a s it's been stated.There is
no useable right of way or easement impacted to this construction. There Is no impact on
stet , power lines, or sewer lines, There Is no material damage or endangerment to the
surrounding properties.The ocean view will not be blocked this construction. To change
dimensions and layout of a building wfll have a substantial negative impact on the financial
cost of this construction, costing i m more money for rock fill for the foundation. This variance
will allow him to i a his property value that he pays taxes on without hindering,damaging,
or endangering any other surrounding propertles. There hasn't been one ative response
from n surrounding roe o net's.The granting of this request doer. not hinder or have
negative Impact on the Kodiak Island ro h's Comprehensive PI n. As you can see by the
pictures approximately 1 or less of ones all comer of the bullding will actually be across the
10 foot setback.The comer of the building will be approximately 1 —12 feet from the slope that
staff he out to ili s into to hold the o r of a building . They were
Incorrect in t assessment. There is o impact on prohibited land use or weUands. The
building will be engineered licensed ilt to code.This Is a reasonable t.He
encouraged the commission to reconsider staffs recommended ial of this qua
In response o COMMISSIONER SCHMITTS Inquiry r. Salter seen the 2 sketches In the
packet from t Salter stated they are , they o 't show where ft building Is of to
align in race with the 10 foot setback line.They am showing more of the building in
the t .
In response to COMMISSIONER SCHM17TS Inquiry of did Salter see the 2 staff alternatives
and t he thinks about them,Salter stated yes, he seen them but that is not what he wants to
o. He made a reasonable request to construct an accessory building t would be square with
his home and allow him to feet of the actual comer of the ildi into the setback.
There's no pilings needed to go over the steep slope that drops 40 feet to the lower piece of
property.
In response to COMMISSIONER SPALINGER'S Inquiry of what kind of foundation Is Salter
going to In, Salter stated there will be 9 or 10 twelve inch solid ili ngs buried under
approximately feet of rock fill.
Kyle Val is state he's a neighbor of the Sailers, He's seen where the shed vAll go. and he's
seen the alternatives. Salter wants to line is shed square with his house. Salter has the
opportunity to build what he wants with a 3 or 4 foot hang on a comer. It's not going to be a fire
hazard. her Is support for this project. The commission should work with a community
member h ' h the process of getting a permit.This Is a reasonable request and
he feels it should be granted.
Ryan tt, agent, stated he's one of principles working for Nortec Engineering, they will
provide professional oversight for this development. They will also be doing this pro b
because f the r tic overreach that the Planning onin Commission has had.
Close li hearing regular meeting:
In response to 11 I t for staff to to the Information n
Table 1 following 17.15.040 pr esented by Kyle Crow, Director Pederson stated he disagrees
with Mr. Crows assertion that we're i law in this case. We're following the code and
Alaska t i es clearly and consistently. Regarding the code question, Table 17.15.040.1.
Table 1 clearly says that an accessory building structures, which this is, this Is not a minor
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AGENDA ITEM #A.1.
structure are not permitted in any setback by that table, Nowhere in the staff report did it
say that he would be driving pilings. Pederson recommend the commission delete Finding of
Fact ,it was developed before they developed the topographic Information that you have and
was based on a applicanrs statement in the application t the back area of the shed is a
shear wall c!iff and no access or pathways are being blocked by this building.
In response to COMMSSIONER OLSEN'S inquiry regarding the 1"alternative provided by staff
It looks like the accessory building Is not caddywampus to the dwelling, Director Pederson
stated thaVs correct. The initial staff report talked about maybe not necessadly make the
building angle and still get the square footage ante .It 't be square to the house but
the conforming alts Live A has it squared to o it`s just closer to the house and
conforming afternative B rotates It to meet the setbacks.
In response to COMMISSIONER SCHMITT'S inquiry of what is the distance between the new
building and the rear deck on Alternative A, Pederson stated didn't show that because
were working from the site plan that was submitted by the applicant that didn't turn out to be to
scale.
Martin Lydick. planner, stated the li nt didn't provide anything in the nature of a surveyed
asbulh for this so we started off taking r drawing as fact. He believes the rear yard
shown on the drawing is not to scale. Lydick asked the question of how much room that leaves
between the building and the deck portrayed in the n and staff indicated that scale is
about 10 feet separation.
Gary Salter clarified that on page 59 of 119 staff have the building space on the corner closest
to the deck as et and it's not, it's 6 feet. You can imagine that whole thing coming 2 feet
closer to the house which i c the setback even less.Its still within the 5 foot setback on the
side. The it i is 400 sq. feet and there's 6 feet from a outside edge of the deck. He
requested feet but he probably only needs about 2 % feet. Only one corner Will be In the
setback.
Close public hearing&open regular meeting:
Discussion
COMMISSIONER SCHMITT MOVED to the motion to v to grant a variance to
construct an accessory uil in at will encroach 2.5 feet into the required 10 foot rear yard
setback on Lot 4,Powell Estates Subdivision.
COMMISSIONER l i I to amend the motion to grant a variance subject to one
condition of approval to construct an accessory building that will encroach 2.5 feet Into the rear
yard setback on Lot 4,Powell Estates Subdivislon.
CONDITION L
1. The applicant will be required to submit an asbuilt survey with conjunction with the zoning
compliance uil i it.
LL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
LL CALL VOTE ON MOTION I UNANIMOUSLY
ROLL LL VOTE ON MOTION I t L
COMMISSIONER SCHMI e findings of fact until next month.
ROLL CALL VOTE ON MOTION I UNANIMOUSLY
B) Case 16-015 I r n by Applicant). Request a Title 18 Land Disposal review
consider i oat of approximately n ithi
1 .The Intent oft this request Is to transfer the ownership of
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AGENDA ITEM #A.1.
this land to the City Kodiak. The applicant Is the i Island rou City of
Kodiak. The location Is , MonaBhka Reservoir and surrounding area in T27S,
Seward ri I .The zoning - to .
Director Pederson stated applicant requested to it this case.
BUSINESS OLD
None
NEW BUSINESS
] FY2016-2020 Capital Improvement r List
Director Pederson stated of to sears some of the Items.The borough feels you can
delete Its 1- dl Lateral Expansion phase 3 Wastewater Treatment Facility. Its m 2-E91 I-
st Is still researching,we need to e sure the commission has the right information, Its -
Monashka Say Utility Installation, Pederson has a note saying the language is i nt than
what was on the s bl Resolution last year, Its 13-Chiniak School Playground Equipment-
this may be able to the list this year, some money has r but the
equipment hasn't been Installed t an d there's another potential grant award that may provide
some additional fun i for that project. The borough manager feels we should have a
OSCUS51on about the Otmelol paving firciect, some money was there from prior appropriation
t there's still a gap in the funding.
Brief discussion
} Tract R-2,Killarney Hills Subdivision ter Plan Process Outline for Discussion
Pederson stated there's no new information n this other than we are working up the similar
map that was a topa on an aerial overlay,he will get both maps to you next month.
Brief discussion
] Follow-up to r 12, 2016 Borough Assembly and Planning and in
Commission Joint Work Session.Discussion of possible code updates
Director Pederson stated you are tasked with working on your lists to rin g back to the next
work session. Well look at your lists and staff a b rs are looking t the same information.
'II sit down and through t o
COMMISSIONER I TT stated he provided o regarding the Code Update he
spoke the process. It's In the memo that he may not have caught all the refs In the
Comp Plan so he encouraged B who has the Interest or time to look at It to see If there are
others.any The discussion he recalls from last week Is that we are sort of Individually n
to prepare our own lists of potential Items for code revision based on public hearing process
that we had late last year and early this year.He thinks thaft One and appropriate t he tried to
do some research to ure out how we got to ended up and as he ntion of
on the commission in January 2011 the process had already started t that point. He went
online and did the research that he could and at the meeting on December e e
assembly dot hat we now have s the hensiv Plan Update that makes various
references to the need to code and We fairly clear from the minutes that the assembly
actually spent some time looking at it because they made 3 amendments to the Camp Plan.
Names that are still Involved that participated then would be Assembly Member Jerrol Friend
and Cris Lynch, they are the only ones that are still Involved at the o et level at this
stage. Then hat happened was. at least that he could find, July 15, 2010 the assembly
approved contract for professional services to update Title 16, 17, & 18.They don't make any
reference in that motion or the discussion an how they went from the update to hiring the
consulting firm. It's his understanding and he ou like It if someone could pin it down fairly
specifically it there was ever any assembly action that they said , the code has so many
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references that we just need to do the whole code. How we went from the recommendations
and the o de update to completely riti the code is not clear from the is the point
's trying to make.Again the assembly members Jerrol Friend and Chris Lynch participated in
that decision. And then on October 1, 2010 the rou a resolution to point the
Project Advisory itt and that was after the lti firm ! ten until
the consulting of the PAC and then It came to us and we got involved,spent all our time we got
to the vote that was made In February to just table It Indefinitely, He thinks when we get to the
point what he would Ile to the commission do Is adopt a resolution that sets out the isto
starting t the Camp Plan then concluding t the commission will collectively
decide s to be or should be the emphasis of y code revision efforts in that as he
mentioned last week he thinks it needs to be In bites that we can manage in oth or less
time timekame, not drag it out over multiple years, and then got that to the to have them
adopt at.Basically. it I be an amendment to the I so they would need to adopt
that by inance so there's going to be a pretty clear record on hat's going to be done an
Now as he thinks it needs to get to the assembly by ordinance there's the t t
Statute 2D40.040 that says in ith the Comprehensive Plan that has been adopted
and in order to implement the plan the assembly ordinance sh l adopt or amend provisions
governing the use and occupancy of land that may Inckide but not limited to. Basically, the
Camp Plan sets the guidelines for what we're supposed to be doing when it comes to land use
planning n zoning regulations in the borough and w&ve of an existing Camp n that talks
about doing some amendments and maybe, and he Wnks likely some those amendments Is
not Ume to do them or we need to revise them and based on the recent public hearings we need
to come up with some t we need to amend the Comp Plan and the borough
assembly needs to adopt that.There were 2 decisions from the I a Supreme Court that had
made it clear that In this one case the Supreme Court said that a borough n or
amend a zoning ordinance without Involving its planning commission in n that ordinance
this review place Includes considering htr proposed ordinance Is consistent with the Camp
Ian, that's Griswold vs City of Homer 2008 case. Then therWs another one where the court
stated t the language in AS 29.40.040 requiring that zoning regulations a enacted in
accordance with or in order to Implement o Ian requires the borough's zoning
regulations st be consistent with a validly enacted plan and that's Lazy Mountain Land Club
vs Matanuska/Susitna Borough from 1995. He thinks we need to have for the benefit of the
future II 2 clear record L we're doing and he ants and think there would any
changes i t make to the code or recommend because we can't make them,the l
has to vote on them and approve them but if they come from us and the assembly s it and
they are not tied back to the Camp Plan they're subject to in challenged in ants
to avoid future litigation for the borough.
Director Pederson said COMMISSIONER C I Is right about a lot of that and a lot of that
was in the what you didn't see because we didn't get to that point, the adopting ordinance for
the Wes if they had gone forward and the citls and the it the link to the Comp Plan.
The only thing he would slightly disagree I I SCHMITT Is if the PU is of
to do a Camp Plan amendment and then forward that recommendation on to the assembly.that
needs to be by ordinance II rather than olut s he thinks that's pretty
consistent with what we talked about at the joint work session; the assembly t d P&Z to
through the process we just Ike t, priodifte them and e ` them back to the
assembly so the s can take action so there Is ear direction forte record for folks to
follow.
COMMISSIONER T stated we also talked about at the work ion staff putting er
list where we have s over She years. We also have the lic testimony given
through all the li hearings wWve had e ill be more.One thing he will say Is t on
the Camp Plan like and some that other stuff will not be addressed au
enforcement is a nightmare and he's not In favor of taking on ins that take more enforcement
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that we don't have control over. It will be moving on and `ll have more discussion
month t the or session.
COMMUNICATIONS
February la i and Zoning Case Results Letters
Letter of Courtesy at are 1
COMMISSIONER I to c l receipt of the communications
presented.
VOICE Tr CARRIED
REPORTS
} Meeting Schedule:
1 ,2015 work session at 6:30pm in the KIB Conference Room
• May 20,2015 regular meeting at 6:30pm In the Assembly Chambers
Abbreviated ial Approvals-Subdivisions
COMMISSIONER I to le the reports as presented.
VOICE TI ON CARRIED UNANIMOUSLY
CITIZEN
Betty McTavish I t addressed l concerning t Woody Way
Loop. That piece of Is used by many citizens within our community. She's had
feedback from other Individuals n i the use f that property being put into residential.
The schools,Little League, Relay for Life use a t property.She would like to see that stay like it
Is and open to the public.It`s a place where people it airplanes and kites.You should
really ok at the value to the public, not just the revenue that can be brought in.The livability f
our community Is very Important, i Il r our : they l ce to go. That area
has n very valuable within n 1 oth the or city. They've
also brought forward a proposal concerning the v I nt of that property for Parks
Recreation s for a playground, t room facility, upgrades tote fields.
requested the commission take their consideration into account.
Kyle stated Ws reviewed Plan, specifically looking the Justification e
need to update the code. The need as referenced in li Zoning Variance
Requests that the I Is or is not being abided or followed. He searched the Camp
Ian for the words'setbacks n they r mentioned in about 2 ors places. I
each case they referred t r a Industrial r s and residential areas k t
did not specifically talk about Individual r i tiaf properUes and those kinds of details. When
he looks at the state law. it says the ors authorizes and requires the ro to
have land use lni and control over land use but it doesn't specify specifically in
tit how thorough t t needs to on individual . It doesn't give a license to
borough Planning oni Department to provide miniscule, little it regulaUons
concerning v o 's properties.The Camp Ian does not do that either so he sees that both
the t law and the Camp Plan 1 it often referred to and referenced In these kinds of
discussions that as it's used it demands we do this, this requires s to do that, no such thing is
there.Concerning the t of the code, 'v e had ( inks)a resolution by the ission
at it a done s respect to i 's property rights and less government control. He
hopes u will continue to consider that. He sat In the r ough work session and he talked to
some of the s l understands it the ciUzen's would like to the
code amended it eliminates some nfuin about the table that Ik
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AGENDA ITEM #A.1.
earlier that neWwr lists prohibitions or approvals for structures to be within that
table is a bit confusing,
STAFF COMMENTS
Director Pederson stated in Lydick li be retiring the of May after some twenty-seven
years with the r We vAsh him well in future endeavors.Wa will have a celebration and
you'll be invited.
COMMISSIONER T
Alan Schmitt stated he appreciates s. cTavi 's comments and there should be v it l ,
agenda its was the Loop Planning Outline is has the history.The reason
the commission Is looking t this Is because of e Borough Parks and Reds akin a motion
and approving it and kin that the property be dedicated as a park,rezoned as Public
It has to a to the commission to that to then go to the assembly a commission has
started this process and It's going to take a while to get Input from people and to look at
alternatives. It's not going to happen within the next month or two. Well get Input from s many
people that we can and nor a the public to participate and tell us what they think. He lives
in the area and hWs also the P&Z rep on the Parks and Rao Committee. Schmitt welcomed
Greg aii r.
Greg Spalinger thanked everyone for the welcome,and he thanked everyone who showed p.
Scott dt also welcomed Greg Spalinger to the commission. Arndt said as eh stated
regarding the Killarney Hills Subdivision Master Plan process, it's going to involved and the
Idea Is primarily to look at what all the options are and then look at getting some ire from
the assembly.Realistically,we are looking t about a year.
ADJOURNMENT
COMMISSIONER SCH l to adjourn.
VOICE ! UNANIMOUSLY
CHAIR ARNDT adjourned the meefing at 7:5 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ON G C SSION
By:
'S6ott Arndt,Chair
ATTEST
By:
Shelia Smitth,Secretary
Community Development Department
APPROVED:June 1 , 2015
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Kodiak AGENDA ITEM #A.1.
Island Bo
Planning i ssion 20
Minutes
BOUGH cLERWs a -1a
ay 20,2015 R uler MeeklikMal, 6:30 p.m,
CALL TO ORDER
COMMISSIONER T called er the May 20, 2015 regular meeting of the
Planning n d Zoning Commission at .
PLEDGE OF ALLEGIANCE
COMMISSIONER led the t of II i nce.
ROLL CALL
Jay Baldwin requested xcus 1.
Commissioners re t were Alan Schmitt, Kathy b Maria inter, Scott Arndt,
and Greg lin r. Excused was Jay Baldwin. Absent was Pat Olsen (submitte
resignation).
quorum was established.
Community lop nt Department staff present was Director Pederson, Martin
Lydick,Jack Maker,and Sheila Smith.
COMMISSIONER I to excuse Jay Baldwin,
APPROVAL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
OF AGENDA
COMMISSIONER I approve the t nnin Zoning
Commission agenda.
VOICE !
MINUTES APPROVAL OF
COMMISSIONER LI to approve the ril 1 , 2015 regular eetin
minutes 13,2015 special meeting minutes.
COMMISSIONER I to the motion to ost one the ril 1
minutes until our n tin .
COMMISSIONER i said in the New Business -I st month he had some
lengthy comments out the code update process. He had one research n nt
back to the extent h could track down the r vio borough assembly do and
thought it would be to v historical record for future commissions, should
ever be an effort i to try some kind of comprehensive code update process and
basically none of it it in to the minutes and it would be his preference that it a put
into the minutes. He may not have been correct on v hi but it would be good to
have the historical record when people o back In time in the come back to see
what happened before. is why he n Postpone the ril minutes.
In response to I I ONER PAINTER's PAINTER' inquiry If 's to add the detailed discussion
we had, COMMISSIONER l said wasn't much In the f discussion.
Schmitt n t back to the s could to Identify r vi s ordinances and
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resolutions that the l had t that started roc i k to the
last revision to the Comp Plan and what had happened since then. It's a historical
perspective of to it. None of the commissioners are on the issi
now that were Involved at that time in the tr there y be another effort to do
that and it would be helpful to have some in historical record.
Director Pederson said it's good to have record s COMMISSIONER SCHMITT
sold he o some length other than just what the information he turned in so I
doesn't cause any problems for us that fer it to next month.
VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
MOTION VOICE VOTE ON ! UNANIMOUSLY
CITIZEN
) Items of Scheduled for Public Hearing: Limited to three i ute per speaker. I
number:phone 486-3231 Toll Free phone r:855-492-9202.
Judi Kidder read Martha Garcia's comments into the record. arcs Is a homeowner
Jackson's Mobile Home Park for over twenty-one rs. Everyone is friendly t
to themselves unless someone needs something. h lives in Juneau and relies on
the income received from er home so she Is to live there. The lack of
communication of what's going on with Jackson's is unsettling. The mobile
owner's, need our questions answered as to t is ni . The real estate rules
need to help us with more ts. It seems completely wrong totell a mobile homeowner
to move without any compensation or consideration of our property. it's going to
almost virtually next to impossible to reloc to her home anywhere in i ricia
hopes of d work together to come up with a long term solution for displacing
numerous families instead of being told to move our homes in less than a year in
Ice where we all know space is limited.
Judi Kidder stated she spoke with Bud Cassidy about the u figures for Kodiak
being available online readily v it I , it took about 7 minutes to No . It's not the
first time she has mentioned it. The borough accountant n different set of
figures in to the ss 1 . She doesn't believe the median Income
figures ccu tel y depict the economic dynamic In a diversity of t has asked
any times for it to be broken r t e Income and housing standards.
She printed the ousin is and almost %of Kodiak is rental housing.That Is
really i amount of ntl housing.The Income raflos are Il . If you took 1
people making $10,000 year, that's 1 million, and you took 1 person making 1
million, that's 101 people. divide that by 2 million and you get an average income of
1 .Thais how figures r e manipulated to look skewed and of the decisions
in this community have been based upon the assumption that that's the f of income
that's available for all to be able to repay loans and have all the great facilities that we
want. We need to go back to what we need. Things haven't been looked at, there are
obligations that Planning and Zoning Community Development Department have to
provide in percentage of low income housing. It's supposed to be 30% of the low
income. When the figures that t calculation is being based on inaccurate we've
of the situation ve in Kodiak where we have starter rents that are around
$110041400.1 sin g Authority built building for seniors. Seniors are telling her
that they n't afford to be them. It's all well building that kind of low Income housing but
low income 't afford IL There's a lot of facts ur , the reason this is on
every 10 years is so these numbers v it I to the Community v to nt
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Department if they choose to look them up, they re there for governments to use for
accurate ictios of hat's going on in the i k, ° of the heating is
fuel oil which is super high compared to the rest of the state where they have ltri ,
s, etc.There are n figures In this that is ro n out by incomes and percentages
of o's paying what. Over ° in o iak are paying over $2000 a month In rent and
that's from the figures from theist census In 2013. he provided staff and the
secretary a copy to forward to the commission. The zoning thing to t us out of
Jackson's, she ally wants the commission to work on it because the residents
working for a solution, a positive, sane solution and they old appreciate the
commission's help.
Terri Storch stated she s upset by some of the thins she read in the r that
sounded as though Jackson's was being taken apart, this place, the of partly
because r are non-paying tenants and some e I e using drugs there. She feels
that the new industries a s Interested In coming to Kodiak and would surely get
discouraged if they r about all these laborers that are going to i lace from
their homes and basically ipe out c use some do have businesses in their homes.
She feels we don't need to trivialize how serious this situation i . It's going to have
ripple e t in many ways.
David it r stated he is checking to see if there are any waivers for permits that can
be given to these people that have to move their trailers. has no idea what it's going
to cost. Who do we talk to about getting a permit to o our trailers? a er the
meeting tonight he could talk to i out it. There's quite a few fishermen that have
already a fishing they may not even hat Is happening with the permitting
process and other thins talked about. He asked if there Is some kind of a Community
Development page that we can come up with to help the mobile home park residents.
Neal Cooper stated since we all live here in Kodiak and you are our representatives
he'd like to see us not have to hire allameys to t Planning and Zoning which we
usually o to t that particular department, not specifically the commission but
Community vel ent for years. We hire, we win but we lose all the way around.
Why don't we go an arbitration situation here he doesn't have to pay to have a
determination by do people have to rit a , 1 , 1 , or $20,000 check and
wasting the court's time when he believes that we can settle some of this between you
and I, we sit down with an arbitrator and get it done. Someone recently rot ,
check to make an interpretation of the I For someone to get a permit to do
what was permitted already. by are we running into roadblocks? Someone has been
harassed in the past that he has watched the letters come from the uni
Development Department area threatening legal action and if this person doesn't do
something. n a block away is a hue junkyard that is still sitting there hich they
keep in to it and nothing et one.When you want to talk about codes, is level
the playing field and let everyone have an opportunity to do the some things. Just
because he doesn't have the o of I 't mean he doesn't equal
the Importance of someone else. Why are selectively orci who we are going to
cite for violating the laws and letting other people skate.
Timothy lin stated he r c' i s the fact that there i i n ers hying to
come up with solutions that will help the e I are stuck here. The last time he
s here there was talk of P&Z doesn't have any money to help people but P&Z does
have the authority is waive fees for permits to move their trailers or to defer payments
for the people who own property. You could also tack it onto the property taxes at the
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end of the ar. There are s you could I the people that r stuck. It's his
understanding at minimum borough size lot is , .feet,you don't need 7,500 s .
feet to park a trailer, you could make smaller lots available to people instead of putting
lots up for auction and letting v to to lock them up for the next 10 or 15 years.
You could release it out at a reasonable rat o mandate that a person can
only 1 lot.That gets some I some help,gets them out of Jackson's,gets them
into a good housing situation so they can continue to o part of the communhy.
There are all kinds of options out there but it's just a matter of looking at the s. He
appreciates the commission looking at the codes to try to change it so we can move our
homes.There are a lot of people that will need help but there's some people just barely
squeaking by living h to check as it i . All of these extra expenses aren't going to
help them. There is land out there, there's land that's locked up that can be ased.
It's just a matter of getting it develops but it's going to take time. We need some
decisions made soon so we can t the process going.
PUBLIC I
Case'15-017. Request a Conditional Use Permit conduct non-r cr nal
mineral extraction activities Lot 15B, USS 2639 (KIBC 17.50.040.F). The
applicant is the iv of Kodiak. The locaUon is Swampy Acres, just south of
Deadman's Curve at milepost 4.3, West Rezanof Drive zoning Is -
io .
Director e o stated first, for the gentleman who spoke Iasi, Planning and Zoning
doesn't have the authority to waive fees and for folks to know any amendment to the
code a legal process takes a minimum of 5 months. It will be about 5 months fore the
assembly n adopt any new ordinance to make those changes.
COMMISSIONER I T stated she was trying to look up various grants and what
not for some assistance and it's really i Eclt because they either want owners or
something to that affect. She has a phone number where you can try to get more
information. It's the HUD Anchorage Field Office; the toll free number is 077-302-9800.
direct line is 907-677-9800. You can also go on their website. They have all kinds of
programs and grants. doesn't know is ones will help but she's sure they can
connect people to something. Sh i so talked to her priest about the situation
thought he could along it other members of the ris collectively tal to other
churches to t together to try to t funs or Inforination so it could Ip facilitate
vs. People are trying to help and the community is coming together trying. Hopefully
as of ty group we can thin out.
Pederson said its are Involved with relocation; 1 being Zoning Compliance
Permit for the new location,a building it for placement on the new site, a plumbing
permit for hookup to your water and wastewater disposal, and an electrical permit for
electrical service.
Jack Maker stated this is a request for proposed gravel extraction site an
Conservation zoned portion of a large 580 acre tract.The resources extracted from the
site will be used for the applicanCs own development project as ell as the uni .
The r ct' n activities ill terrace the face steeply sloped hillside adjacent to
Business zoned t A and that terracing ill stabilize the hillside and rove the
development potential of Tract A. To ensure public safety convenience the site will
utilize equipment cleaning p rt and d way sweeping equipment to vi
clean and obstruction free surfaces for the passage of vehicles, bikes, and pedestrians.
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AGENDA ITEM RA.1.
Due to the restrictive views approaching the site staff recommends a condition of
approval requiring that signs of other means of notification be Installed to warn
approaching motorists and others of the activity during the hours of operation. At last
week's or session the commission requested adding 2 conditions of approval and
modifying the Initial condition. A supplemental staff report recommendation Includes
those changes as provided In the packet. The commission also requested maps that
show the Brechan site, state quarry site, and the proposed NOK site which he
distributed to the commission and the public. to recommends approval subject to the
3 Conditions of Approval listed In the supplemental staff reporL
Director Pederson said one of the reasons that you see our recommended wording for
Condition #1 rather than some other wording suggested Is this is part of a larger site
that is not all been subdivided so if you talk about the perimeter of the site you are
talking out bigger acreage than just the piece subject to this application. We didn't
want to specify a distance from the perimeter of the site because the bigger site is much
bigger and it could lead to less preservation of vegetation.
COMMISSIONER PAINTER MOVED to grant a Conditional Use Permit. per KIBC
17.200, to conduct non-recreational mineral extraction activities on Lot 15B, LISS 2539.
subject to three (3) conditions of approval and to adopt the findings of fact listed In the
staff report for this case as'Findings of Facto for Case No. 15-017.
In response to COMMISSIONER SCHMITT'S inquiry from staff, in a document that was
in our previous packet there's Kodiak Electric Association has an easement that
appears to go across the property and there's also a communications easement. We
didn't provide any notice to KEA or whoever has the communications easement and
does this need to be resolved at this stage, Pederson said the applicant has had
discussions with KEA and he'll have Maker check to see if they of notice of the
application because the applicant has had discussions and their engineer in fi rm
about relocating potentially some of those easements so he knows there's been active
and ongoing discussions so KEA is aware of this application. He asked Maker If formal
notice go out.
Maker stated formal notice only goes out to the property owners, the department
doesn't send out notice to those who might utilize an easement
Close regular meeting&open public hearing:
David Anderson. Natives of Kodiak, sold he sees 4.3 mile listed on this application and
the zero marker is at the stop light downtown, I mile is at the dip, 2 miles at Green
Mountain, and 3 miles Is where we're aL He doesn't know where you came up with 4.3
its use that's at the Busking River turn off road. We would appreciate it if that
change could be made.
Close public hearing&open regular meeting:
COMMISSIONER ARNDT thanked Maker for getting the maps fort commission.
Arndt raised the question to about KEA's substation and GIS shows that It Is Coast
Guard who was notified.As far as easements go Anderson knows that they will have to
work things out. Condition 42 says that material from the extraction site has been
exhausted the area shall be re-vegetated to blend In. There doesn't need to be any
effort made to re-vegetate due to Alders grow like weeds-
COMMISSIONER PAINTER MOVED to amend Conditions of Approval#2 to strike the
word shall and replace with may.
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AGENDA ITEM 4A.1.
CONDITIONS OF APPROVAL
I. Natural vegetation on the site, except vegetation on those areas utilized for resource
extraction activities,shall be retained to the maximum extent possible.
2. Once material from the extraction site has been exhausted. the area may be re-
vegetated to blend In with the surrounding area to the maximum extent possible.
3. Permanent signs shall be posted to wam 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
Facilifies.
FINDINGS OF FACT(KIBC 17.200.050.A-D)
1. The proposed non-recreational mineral extraction use supports and compliments the
uses designated In the comprehensive plan for the surrounding area. The use Is
consistent with approved ongoing mineral resource extraction on two nearby sites.
2. While the plan presented for this CUP is conceptual in nature, the project will be
required to undergo a thorough zoning compliance review. Stipulations attached to
this decision will ensure that the development meats, or exceeds, minimally
acceptable standards of development.
3. Extraction activities will be sufficiently separated from public passage. Additional
operational controls applied by the contractor will ensure that no undue burdens will
be imposed upon the public.
4. The large lot size and location of the site will not require additional buffers.
Additional safeguards In the form of attached conditions will augment the Intent of
subsections A through C of this section,
VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
0) Case S16-019. Request a Preliminary approval of the replat of a portion of Lot
3, portion of Lot 4. Lot 4A, Lot SA-1 A, Lot 5B, and Lot 7A, USS 2538A creating
Tract 8 and Lot 6A-11B, USS 2536A, and dedicating right-of-way for Egan Way
(KIBC: 16.40 and 16.60). The applicant Is the Kodiak Island Borough/City of
Kodiak.The location is Borough Hill and the zoning Is PL-Public Use Lands.
Maker stated this plat eliminates the interior lot lines of five lots to create one 13.59 acre
track that encompasses the high school, middle school, and Borough facilities. The lot
lines of an adjacent parcel are also reconfi gured to accommodate the dedication of
additional Egan Way right-of-way. That additional right-of-way will formally connect
Eagan Way to Rezanof Drive East as a public street,The elimination of interior lot lines
will reduce existing grandfathered nonconformities and possible restrictions on future
development. The Kodiak Island Borough School District administration and learning
center building and high school are constructed across current interior lot lines. The
elimination of those lot lines remedies those encroachments and improves development
potential by eliminating the setback requirements associated with to lot lines. The
Plat also vacates portions of unused utility easements and creates new waterline and
electrical easements that correspond with existing utilities. Staff recommends approval
of this request, subject to 2 conditions of approval that should ensure review agency
requests are satisfied and that the Final Plat meets the standards of KIBC Titles 16 and
17. On the markup last week COMMISSIONER ARNOT, you said to not cut off that
portion, just the inner portion and the department will work with the surveyor to ensure
that outer portion is left at the angle that it is.
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AGENDA ITEM ® r
Director Pederson said you asked about the sidewalk pI for the area, he just got
these and he handed them out to the commission.There are sheets that show there's
sidewalk on the school side of Egan y coming up from Rezanof rive and at the
curve there's hardscaping and sidewalks going to the ntr` s of the new ili
even some of the sidewalks is heated.
COMMISSIONER i it shows sidewalk along the parking lot on n Way
but once again there's ion that shows I little further up but no
connecting sidewalk Ion .
COMMISSIONER I to n t preliminary app val of the replat of a
portion of Lot 3, portion of Lot 4, Lot 4A, Lot -1 A, Lot 5B, and Lot 7A or LISS 2538A
creating Tract B and Lot 5A-13 of USS 2538A, vacating portions of utility easements
and dedicating right-of-way for Egan Way (KIBC 16.40 and 16.60), subject to O
conditions of approval and to o t the findings in the staff report entered into the
record for this case as"Findings f Fact"for case S15-019.
Close regular meeting&open public hearing:
None
Close public hearing e regular ti :
Discussion of the need of sidewalks, incorporating sidewalks into future improvements
along Egan Way
CONDITIONS
1. The horizontal curve at the newly dedicated o ion of Egan Way right-of-way shall
be adjusted to meet local roadway curve radius requirements on i I Plat (KIBC
1 40.A.1).
2. The Final Plat shall comply it the requirements of Chapter 1 (Final Plat) of the
Borough Code and shall depict the technical corrections and additions listed in the
staff ort entered into the record for Case No.S1 5-019.
FINDINGS
1. This Plat remedies encroachments and improves evel ent potential by vacating
Interior lot lines and eliminating the seR ck requirements asociat it those lot
lines.
2. The adopted conditions of rov I should ensure that all required Improvements
are completed rior to roval of the Final Plat.
. The adopted conditions of approval shout nsur that e Final Plat meets the
standards of Titles i (Subdivision)and 1 (Zoning)o the Borough Code.
4. The adopted conditions of approval should satisfy review n requests.
. This plat provides subdivision of land that is consistent with the adopted Borough
fans and development trends for this area
ROLL CALL VOTE ON MOTION r UNANIMOUSLY
5/20/2015 P&Z Minutes Page 7 of 1
Fire rot ti Area . 1 Board RM, April 7, SM, Apdl 14, ... Page 219 of 237
AGENDA ITEM 4A.I.
C) Case SIB-020. u rli i approval of the replat of Lot 4, Block ,
Woodland Estates creating Lots I through 6, Marlah r access
and utility I . ).The applicant Is r ri s, LLC and the
agent Is vin Arndt. The location is Iv i ne Way and the zoning Is
Two-family esi nl r.
Director Pederson stated the applicant came in just before closing today to request
postponement. It 't give a definitive timeframe.
COMMISSIONER I to t o s e SIS-020 to the pt er
2015 meeting.
VOICE ! UNANIMOUSLY
OLD BUSINESS
Findings A) Case 1"14.Adopt f Fact In f the Commission's approval
of a Variance construct uil i will encroach
the required 10 foot rear yard setback on Lot 4, Powell Estates Subdivision
subject ii Approval. The applicant is It r and the
location s 3534 Sharatin Road.The zoning 1 R3-Multi-family i 1.
Maker stated at the April 15. 2015 e l r Meeting, the Planning Zoning
Commission granted a variance for this case. The Commission then pos"ned
adoption of the findings of fact until the May 20, 2015 regular tin ril 23,
2015, Commissioner Schmitt provided recommended findings of fact. Staff has
reviewed those findings of t and recommends that they to d as presented.
COMMISSIONER LI to adopt the findings in the supplemental staff
report entered Into the co for this case as"Findings of t"for case 15-014.
Discussion-Amendments y be offered at this time.
FINDINGS
. The most appropriate location for the applicant's proposed shed is in the r
comer of Lot 4.
2. There Is an acute angle at the north rear comer and this presents practical
difficulties i I in the shed square to the side and rear lot lines.
. From visual perspective to maintain aesthetics, it is of appropriate to site
the shed so that it Is parallel t the side lot line.
4. So,there are exceptional physical circumstances or conditions applicable to the
property and Its intended use or development which do not apply to Most other
properties in land use district.
5. The strict appfication of the oni ng ordinance wo f suit In cti I difficulties or
unnecessary ships.
6. Granting variance of an encroachment of only 2.5 feet into the rear yard set back
is not unreasonable in this context and is not contrary to the comprehensive plan.
. The applicant did not create the cut r lot angle and he s not acted
precipitously or with a lack of fore thought.
Granting the requested variance ill not result in rohi ite land use.
CARRIED ROLL CALL VOTE ON M077ON !
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AGENDA ITEM #A.1.
} FY2016-2020 Capital t v rjc Lit
Director Pederson stated since the ck review c Maker went back to verify the
amounts and funding that was previously received for item #8 Otmelol Way Paving
Project and not r one that is ll i him.
Maker stated we also added the st e changed it er 3 or 4, the ton
Larson Bay Road Extension to Ice Free Water Anton Larsen Bay Road Switchback
Stationing, ti's actually the Monashka Water and Sewer Facilities Project Feasibility
Planning sin th is Item #5 and we basically took the wording from e
Assembly Resolution and changed it accordingly. We also e request of the
air, Fire Protection it Tanker[Tender Vehicle and additional $100,000
for that funding. The district has $320,000 and estimated not r $100,000 is
required to get that vehicle here.
COMMISSIONER I stated that it says that it's not In any priority order but in the
Alaska t tuts it says it should be. and also in a code it says It should be in rior'
order so if n has a particular order that wishes it to go In icul r order she
suggested it be put In that order and presented that way.
COMMISSIONER T stated that last year he and COMMISSIONER had
spoke to l out making sure the Anton Larsen Bay Road was listed as#3
and he would like to see It s#3 an our list.
COMMISSIONER I suggested in g#16 VFW Rifle e into position #10
and put#10 Mill Bay Beach Recreation Upgrade In 1
COMMISSIONER I approve 1 - o tin the CIP List
for FY 2016-2020 is Includes the i ng moved from #16 to 1 and the ill
Bay Access o from 1 to 1 .
In response to COMMISSIONER SCHMITT'S Inquiry of why there are 2 different
resolutions numbers, Maker stated initially resolution FY15-02 was c a i o
the l that we dispose the t he to the City Kodiak ut that case was
withdrawn and that resolution v r went forward so we go back to Resolution FY15-02.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
} Code Revision Update
Director Pederson sit doesn't have n further update for tonight other than to
call to your attention to out. Pederson prepared this yesterday for the Borough
Manager for his comments and he passed it out to the assembly lost night. He gave
copy to Miss Kidder last night because she in the r . It's basically an update
on some of the Issues circulating around Jackson's oil e Home Park. Mobile homes of
any vintage e moved however additions or other structural modifications that may
have been done over the years may have compromised the t I Integrity of the
unit and If any stick built additions are v or added they must meet all current code
requirements. Spaces in i ti s,we did i tour of all the parks on Monday
and you may be able to n y as sixteen spaces in the istin s. In many
cases those are non-conforming land uses that would require i code change
because they In oni districts r mobile home parks Il Some
would be a small expansion of the park in s of 1 of them that would require
different permitting process and there out a utilities so forth. That's something
we'll bring forward to you next month Is a packet of information out the parks in town
5/20/2015 P&Z Minutes Page 9 of 1
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AGENDA ITEM #A.1.
and it history and or a and options for ways to tweek the oil
code. Park expansions,we note that s se 's Is jac to a 2.43 acr site zoned
Business, there Is some storage on It now but t ally no structures there
there utility lines running along the of that property on the westerly side of It.
Mr. Rasmussen met with them on y and he's contemplating that an r
guesstimating h r some - spaces could be possible h r the current
mobile home code requirements y ore if the code were tweeked. Cove
Mobile Home Park, there's of that sale, there's a small piece of Business zoned
property that's adjacent to It that's In i that doesn't have mobile
homes on it now but if t was added to the r you could rh s get a couple f
spaces there. Other housing options, we did call the Kodiak Island Housing t ri
and the rs he got from them is they managelown i -sev n fixed Income units
but he doesn't have ll the details t that means but anyone interested should call
the housing authority. i h -t low rent units. They currently have about 1
vacancies.You have tasked staff to look at the o it e Home Park&RV chapters of the
Currently i only allowed in Business and R3 zoning
districts. Only Rasmussen's Mobile a Park meets the code requirements, all other
parks have non-conforming structures, spaces, amenities and so forth. Under code
compliance, he believes the c sso ry dwelling unit provisions could be a vehicle to
provide a additional, affordable, or workforce housing i re not allowed in the
current code. Building codes, they're just reiterating about meeting Federal scan r
and they t the iii tion must comply with International ntial
's would be a tougher nut to crack in terms of revisions t i! i to
allow them to used as dwelling units. Regarding i i the building official
said lot of the I r mobile homes didn't have GFI's and that out one r
that out to In the bathroom and kitchen.
In response to COMMISSIONER SCHMITT'S inquiry the usn's park were
be expanded,would that include kind of traffic flow analysis where ingress
egress i for the e twenty-rive s, Director Pederson said he's sure
when It comes to that would be part of the discussion.The most logical thin o do
would be to xt n d Melnitsa Lane from a it ends now by Mr. Zimmees property at
the r line right on through the in xis i ng Rasmussen's because if
they didn't k that connection then they out looking i a cul-de-sac turnaround
for fire apparatus and that would take up spaces. With that connection traffic could go
either way which could be a benefit to potential new residents and exis i residents.
COMMISSIONER t o uld be a cul-de-sac with a dead n ue to the
terrain constraints r It's not going to be connected to the existing trailer court.
There's I only a sewer line along the a of it not a water line. Service Area 1
did the sewer and water in h r the r Is n the road of ove Drive and
sewer is on the ac side.
Tract R-2, Killarney Hills Subdivision
Director Pederson sold he sn' have anything additional tonight other than the
handout i gave you at the work session s i the conceptual lot layout. He did speak
to the r and we're going a if we can partner with the Arm that often comes
to town to do wetland delineations they i is summer to them to
look at that site to t a current delineation.
5/x®/2015 P&Z Minutes Page 10 or 1
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AGENDA ITEM #A.1.
In response to COMMISSIONER PAINTER'S Inquiry about approximately how many
sites are there when you were working with that, Director Pederson stated IVs not a
proposal, It's just a paper exercise of some idea of what might be able to fit there if it's
one all as residential. There will be multiple options. That is showing sixty-eight lots
that meet the minimum dimension and area requirements for R2.
NEW BUSINESS
A) Case 16-016. Request a Fencing Review of a fencing plan for the City of
Kodiak compost site,adjacent to the Kodiak Island Borough Landfill.
Maker stated this fencing review is for the Industrial zoned City of Kodiak Compost site
adjacent to the Landfill. Covered finished compost material and a stockpile of wood
chips used In the composting process will be stored outdoors on this site. Borough code
requires that any open storage in Industrial zoning be enclosed by a fence that Is
acceptable to the commission. The applicant is proposing a gated entry with 20 toot
sections of 6' high chain link fencing to each side. combined with the existing electric
fence as adequate fencing, Existing topography and retention of vegetation, along with
the application of setback requirements, will provide additional protections from
nuisances. to recommends approval of this proposed fencing plan.
COMMISSIONER SCHMITT MOVED to approve the fencing plan, with one attached
Condition of Approval.as submitted by the applicant in Case 15-016.
CONDITIONS OF APPROVAL
1. The driveway into the compost facility will have a sliding gate that has a 10 foot long
driveway opening.
2. On each side of the to will be a minimum of 20 feet of 6 feet high chain link fence.
3. The remainder of the property Will retain the existing electric fence.
4. The distance from the edge of the improved road to the property line (location of
fence)Is roughly 85 feet.
FINDINGS OF FACT
Existing fencing,augmented fencing, topography,vegetation retention,and separation
distances are adequate for the purpose of compliance with Kodiak Island Borough Code
17.105.060 F.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMUNICATIONS
A) Planning and Zoning Case Results Letters
B) Letter of Courtesy&Advisory
COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications as
presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• June 10, 2015 or session-6:30pm-KIB Conference Room
• June 17,2015 regular meeting-6:30pm-Assembly Chambers
5/20/2015 P&Z Minutes Page 11 of 13
Fire Protection Area No. 1 Board RM,April 7, SM,April 14, ... Page 223 of 23 7
AGENDA ITEM #A.1.
Minutes f Other meetings
December 16,2014 Parks and Recreation Regular Meeting
Abbreviated in I Approvals-Subdivisions
S14-011 15- 11
STAFF
COMMISSIONER to k I receipt of reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN
Local phone number:486-3231 Toll Free phone number: 8554192-9202
Limited to i t per speaker,
Dave sin r, VFW Senior Vice Commander, stated tonight you voted on some
Capital Improvement Pr j t . We appreciate and we endorse a lot of things the
We want to o the community v outdoor range, o ever no one
ever talked to us about Improving the it i , land, or the v tin you are talking
about.As far as he knows would like to have a conversation with the ro out
is project because maybe we want to expand the trailer park. As you may know we
have i t of the trailer park that's bigger than what we have existing but we
vent been able to it because we haven't had the money or the equipment to
expand It because it will have to o up into the trees o of the land there. He'd like to
have a conversation with the s I , our Post Commander, and the hi Is
the leaseholder. [ don't think we've signed any t ith the borough on this
item. It would be Important o talk to efore you start improving the r .
He can give you the Post Commanders phone number.
Director Pederson stated on that case, expansion of the outdoor range was
approved borough in 1987 and the 1 on file in our office. At that lime Mr.
Graham n up the plans. All those sections tilt good and it was a 200 yard
range. He was told subsequently, there r Ins drawn at one time for a
range.yard The current effort Is 100 yards and they're looking at possibly using of
the rock that would come out and in in that there would some s rock that
could used at the o ti site. It's a different lease with I it the
and that would be a different discussion with the u manager and that would be
where to initiate that.
Nick n ini asked when you are making Ins like this do you Involve the xistin
members of the neighborhood in your planning.
COMMISSIONER T stated it's a concept sin right but eventually
notifications would be sent out.
Gary Salter asked If can start construction now on i accessary it i .
Director Pederson stated s,we can issue a zoning compliance per it tomorrow.
STAFF
Director Pederson stated he drug in Lydick here tonight. It's his Iasi P&Z meeting,
Lydick a + years with the borough and he's retiring at the end of the month. 's
given lot of great service to the borough.
5/20/2015 P&Z Minutes Page 12 of 13
Fire r c i Area r dl 7, SM, Ap6114, ... Page 224 of 237
AGENDA ITEM 4A.1.
Jack Maker stated that If Dave would come into the office, he recently permitted a move
from Jackson's to Rasmussen's and he can show you what is required. If anyone else
wants to call the department he can walk them through it also. Maker congratulated
Lydick for his last meeting, upcoming retirement, and mentarship.
COMMISSIONER COMMENTS
Kathy Drabek congratulated Martin Lydick. It's been good working with him and she
wished him a happy retirement.
Alan Schmitt congratulated Lydick stating he's worked In a couple different capacities
while with the borough. When Schmitt came onto the commission he could tell is
ones were Lydick's even though they aren't identified. Maybe he'll engage ins sort
of creative writing in his retirement. He has a way with words. He appreciates the effort
staff has made with doing the mobile home park inventory and the map for the area at
Swampy Acres.Staff does very good work with the time they have and thanked them.
Greg Spalinger congratulated Lydick, he's envious. For all oft citizens that testified.
especially the Jackson's people, keep It up. Come to our next work session. He thinks
some oft it ideas have already been tossed around up here so he thinks we're on the
same wave length. He thanked everyone.
Maria Painter of Lydick good luck and enjoy his retirement and thanked him for his
service tot borough. Lydick one a good job. Painter thanked the public for coming to
share their thoughts.
Scott Arndt thanked Lydick for his service with the borough. Arndt won't be here for his
party next week.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION
COMMISSIONER ARNDT adjourned the meeting at 7:55 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Scott Arndt, it
ATTEST
By:
Sheila Smith,Secretary
Community Development Department
APPROVED:June 17.2015
5/20/2015 P&Z Minutes Page 13 or 13
it Protection Area No. 1 Board RM, April 7, SM, April 14, ... Page 225 of 237
AGENDA ITEM #A.I.
WOMENS BAY SERVICE AREA BOARD
REGULAR MEETING MINUTES BECEIVED
Data: June 2,2015
UL 13 2`15
Call to order. 7:05 pm 13GROMH CLERWS
KODIAK
Members Present George Lee,Dave Neuman,Dave Conrad,Greg Le. 1 Prot,
John Isadore.
Members excused:Jessica Horn,
Absent;Dale Rice Fire Chief
Also present:Craig DeHart
Minutes approved and signed:Regular meeting of 5.5.l5
C o' C nts•
3 open Work Orders outstanding:Status uncertain
Unfinished Business:
Fire De ent
• Emergency Shelter
• Slab placed earlier this week,wall framing in progress
• Rot repair costs totals pends invoice
• 100k transferred from unreserved fund to building fund
• Truck canopy interior storage pends quotes,arrival and installation.
• New Copier in use,needs set-up adjustments
Road Service
• FEMA:closing out all projects as of June 30,2015
• Fish Culvert Project complete,25K earmarked as gravel cost contribution
• Eskew Drainage:Lee set up meeting with Eskew,but never achieved.
New Business
Fire Department:none
Road Service
• BF Road dust mitigation pends correct weather conditions-wet but not too wet
• Contract Bid Package Review:Results were released as to the Bid results.
Fire Protection Area No. 1 Board RM, April 7, SM, April 14, ... Page 226 of 237
AGENDA ITEM #A.1.
WOMENS BAY SERVICE AREA BOARD
REGULAR MEETING MINUTES
a The board reviewed and discussed,then Lee made a motion to recommend
to approve the low bidder, our first choice,with BEI as our second
choice.Seconded by Isadore;the Toll call vote passed unanimously.
Board_Member comments
so Conrad;J Home on excused hiatus for the summer
Next Regular Meeting July 7,2015 7:00PMatthcWBI'D
Meetingadd,jou eddat88:1155pm
U
D10A;j V
4CHAIRP WITNESS
it Pr on Area No. 1 Board RM, April 7, SM, April 14, Page 227 of 23 7
AGENDA ITEM #B.9.
Kodiak Island Borough
r
Engineering&Facilities Department
Projects Office
710 Mill Bay Road
Kodiak,Alaska 99615
Phone(907)486-9210 Fax(907)486-9347
To: Bud Cassidy,Borough Manager
Cc: Bob Tucker,E/F Director
From: Matt Gandei,Project Manager/Inspector
RE: Change Orders for Period Ending June 30,2015
Below Is a summary of approved change orders for capital projects for June 2015:
Four School Generators
Wolverine Supply.Inc.—Contract 2015-06
Change Order#2-$178,889.89
Provide and install new generator and automatic transfer switch at Akhiok School,Including new
concrete generator pad and demolition of electrical equipment no longer required.Substantial
completion date for the project is extended to October 15,2015.Final completion date is
extended to November 1,2015.
Change Order#3-$4,061.60
Provide labor and materials for temporary connection at Karluk School to allow existing
generators to remain operational during installation of new generator.
Kodiak High School Addition and Renovations
Watterson Construction Co.—Contract 2013-24
Change Order#49-$61,745.00
RFP#133—The curb and gutter constructed per the civil plans at the entrance to the Mental
Health Facility Parking lot diverts rain water directly into the gravel parking area. A concrete valley
gutter will need to be constructed across the opening to the parking area to allow the rain water
to flow onto Rezanof.$4,309.00
RFP#148—At the completion of the Phase 4 commissioning efforts a report was provided that
noted some of the mechanical systems not being able to meet peek design efficiencies. RFP 148
was issued adding such items as differential pressure trip switches and advanced programming of
the controls system. These modifications are needed to ensure the buildings mechanical systems
run at their optimal performance levels.$17,792.00
RFP#158—The existing Area B roof was attached to the gymnasium wall at grid line 15. The roof
structure was removed and raised to a higher elevation. After removing the existing roof
structure,it was realized that the existing wall conditions at grid line 15 would now be exposed to
view in the interior of the new Level 2 Commons. A metal stud and drywall soffit was designed to
conceal the unsightly existing conditions.$6,034.00
Change orders—June 2015
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 228 of 237
AGENDA ITEM #B.1.
RFP#159—Door 8301 providing roof access from Mechanical 8301 was modified to accommodate
the new Area B roof system. This modification requires a new ladder for access to the roof.
$2,548.00
PCO#166—In RFI 166 it was noted that the Area B Mechanical 8202 was not scheduled to receive
a floor drain or hose bib for typical maintenance functions. This PCO includes costs to install the
floor drain,waste line,vent and hose bib. Also included is the cost to relocate the canopy roof
drain. Canopy roof insulation was modified to maintain the canopy parapet heights which
required the drain relocation.$7,384.00
PCO#171—Miscellaneous Area B and Learning Center items-$17,102
1. RFI 454 at Mechanical Room B301,existing metal framed wall with drywall was not
shown on the drawings. Demo and patching was required to accomplish new scheduled
work.
2. RFI 457 at Area B Level 2 projected window head,the bottom of existing concrete
spandrel is 2"lower than shown on the drawings. Modification to structural framing
was required to accommodate existing conditions.
3. RFI 196 at Area B Level 2 projected window seat will be covered with plastic laminate.
Scheduled 1"plywood is not a suitable substrate for the laminate. One layer of 3/4"fire
treated MDF will be applied over the 1"plywood as the laminate substrate.
4. RFI 497-In Mechanical Room 8301 there is an existing 6'6"x 9'opening on the east wall
not shown on the drawings.Mechanical utilized this opening for a 4'x5'duct. Balance of
opening required framing,insulation and fire treated plywood as infill.
S. RFI 517-Area B Vestibule 6148 is scheduled to receive recessed ceiling lighting.
Reflected ceiling plans show this vestibule open to structure.Drywall ceiling will be
Installed to accommodate the fixtures.
6. RFI 549-At the Learning Center there are existing air ducts scheduled to be cut and
capped where the building is to be demolished.The location of this work becomes an
exterior wall.In addition to capping the ducts,there are large voids In the existing wall
on both side of the duct that need to be framed in and insulated to accommodate cold
climate conditions at the new exterior wall.
7. RFI 554-The Learning Center soffit on the east face Is scheduled to be supported by
steel brackets attached to the existing CMU wail.There are existing voids in the CMU
wall where the support brackets are to be installed.Steel bridging is required to span
the voids and provide attachment points for the scheduled support brackets.
8. RFI 572-Maln Entrance Canopy horizontal steel when Installed per design dimensions
provides for 1/4"between the steel and the new Area B siding.The 1/4"gap is
problematic for the siding installation.The horizontal members will cut back a few
inches to accommodate the siding installation and any future movement of the building.
9. RFI 574-Main Entry Canopy structural framing elevation is shown to be at the same
elevation of secondary framing below.This conflict in dimensions requires S"of
Syntheon panels to be cut off to accommodate construction elevation clearances.
10. RFI 585-On the Area B roof at grid line 16.5,the drawings show an existing seismic
joint.While constructing the new Area B roof it was discovered that the seismic joint
was not installed as shown.PVC roofing will be used to construct a roof to wall seismic
Joint that will provide a water tight condition.
11. RFI 597-At Mechanical Room 6301,there is an existing wall penetration in the south
wall not shown on the drawings.Metal framing,insulation and drywall will be used to
infill the opening.
Change Orders-June 2015 Page 2
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 229 of 237
AGENDA ITEM #B.1.
12, Custom Range Vent Cover-Rooms A221&8322 are schedule to receive residential
range hoods over the new electric ranges.The exhaust duct extending up into the
ceiling space above was not scheduled to be concealed with a duct cover that would
match the hoods.To maintain the architectural intent,steel duct covers were fabricated
and painted white to match the new hoods. .
13. Electrical chase In B106 display case-The display case installed in Area D was fitted with
scheduled LED lighting.Routing for electrical to install these lights was problematic
where conduit was not completely concealed.This same display case and lighting will be
Installed at 8146 in B corridor.To conceal conduit and enhance the installation,an
electrical chase will be built into the display case.
PCO#172,The Contractor issued RFI 582 regarding limited access to the locking devices at
folding security grille 8140. Because the manual type floor bolt is located on the south side of the
grille and only a few inches in front of the reception desk,there would be no access to secure the
grille panels. Acknowledging this conflict,the manual floor bolts have been upgraded to cylinder
locks mounted on the north side of the grille.$1,048.00
PCO#174 -The new fire sprinkler riser tree scheduled to be installed in room B002 is not shown
to be fitted with code required alarm monitoring devices. The response to RFI 405 provided
direction to add the required devices.$5,528.00
5chool Specialty.Inc.—Contract 2014-33
Change Order#4-$14,950.00
Cost to add Phase 3 for furniture installation in Area B,including added travel,staging,and
handling costs.Cost to be charged on a time and materials basis,not to exceed$14,950.Daily
time sheets,travel receipts,etc.will be required to substantiate final cost.The following phases
and substantial completion dates shall be added to Article 2.2 of the Contract,and the time for
completion shall be extended accordingly:
Portion of Work Substantial Completion Date
Phase 2 Areas D,E,F installation August 20,2015
Phase 3 Area B installation October 1,2015
Landfill Lateral Expansion Phase 3
ASRC SKW Eskimos.Inc.—Contract 2014-24
Change Order#3-$29,443.00
COR 17—Tote Containment—The tote containment for the Citric Acid Skid was modified to
provide for clearance access between the containment structure and the WAS Pump Skid.Due to
the design and the size of the containment,a restriction for access was developing.In order to
allow for lifting equipment for future maintenance the concrete containment was made smaller to
accommodate access.—$2,233.00
CDR 25—Crane Support Modifications—Due to an error between a construction set of
architectural drawings and the final set of conformed drawings,the building supplier,ASRC
Builders had the building package built to the first version set.The package submittals were
approved and the steel frame was constructed based on those drawings.During the construction
of the facility,it was discovered that the foundation,concrete tanks and steel support walls were
constructed to the conformed drawings.This difference of approximately three inches required
the steel support beam to be turned 180 degrees from Its original position in addition new
mounting holes and web stiffeners had to be installed to accommodate the loads and attachment
points for the crane gantry support.The cost for the GC to make these changes was$8,396.00.As
Change Orden-June 2015 Page 3
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 230 of 237
AGENDA ITEM #B.1.
this error was shared by the building supplier and the KIB,this change cost was divided equally.—
$4,198.00
COR 26R2—Steel at Coiling Door—This is a credit for materials and labor for COR 26 approved on
Change Order#2.—($1.713.00)
COR 28—Stainless Steel Mounted below Chemical Pump Panels—The chemical tote paint of
distribution area at the chemical pump skids as designed neglected to enclose an area of
approximately two feet from the bottom of the pump skid to the top of the chemical sump
containment are.KIB staff requested the installation of a stainless shield that would direct and
leaks or spills from the pump skid into the containment.This provides for building protection and
worker safety as it minimizes the employee from being required to clean up spilled chemicals from
behind the containment area and pump skids.—$3,226.00
COR 29—Change Out Existing 15A Breaker for new 20A Breaker—The original design and cut
sheet for the device supplied by this breaker was specified as 15A.Upon delivery of the
equipment it was discovered that in fact a 20A breaker was required.This cost accounts for the
new breaker and associated labor to perform the installation.The 15A breaker will be placed in
stock for a spare at the plant.—$2,741.00
COR 30—Not Installing two 30A disconnects—This is a credit reflecting that two disconnects could
be deleted from the electrical system when it was determined that the Motor Control Center
(MCC)will act as the disconnect eliminating a redundancy in the design.—($373.00)
COR 31—Add Insulation to Ductwork-This work has been added to minimize condensation on the
Interior of the facility associated with the Intake for the HVAC system.This was requested by KIB
staff.—$5,750.00
COR 32—Replace Four Breaker Buckets—This work is for the replacement of four breaker buckets
that were incorrectly sized for the equipment during the design phase.These buckets will be
replaced by Schneider Electric;the MCC manufacturer's representative during the electrical
commissioning to ensure the equipment warranty.—$13,381.00
Womens Bay Emergency Shelter
_Wolverine Suouly.Inc.—Contract 2015-21
Change Order#6•$3,473.27
RFP 1—Five of the windows in the new addition had to be changed to tempered glass to satisfy a
building code requirement.—$564.23
RFP 2—Two light fixtures at the new restrooms had to be changed to emergency fixtures to satisfy
a building code requirement—$672.11
RFP 4—The existing fuel tank used to refuel Fire Department vehicles needs to be relocated to
allow for the new addition.An existing concrete pad will also be relocated for the fuel tank to sit
on.$2,167.83
RFP 5—The drawings showed a new sidewall vent for the existing boiler,but this work had already
been completed prior to construction.—($2,178.79)
RFP 6—Door closers were added at three doors to satisfy a building code requirement.-$1,116.84
RFP 10—An existing 4"concrete curb had to be removed at the openings between the existing
building and new addition.—$1,131.05
Change Order#7-$16,629.24
RFP 8—Provide and install automatic transfer switch and related equipment to allow connection
for future generator.
Change Orders-June 2015 Page 4
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 231 of 237
AGENDA ITEM #B.1.
WILSON ENGINEERING;MONTHLY PROGRESS REPORT
KGdI& Igh School Renovation
,Period Ending; June 36;2015
Summary:
With the High School Staff and students officially on summer break,this period opens areas D,E&F to the scheduled
full scale renovation of Phase 7(north campus).Work in Phase 7 this period includes demolition,structural framing,
underground foundations,electrical and plumbing utilities.Also completed are Phase 7 seismic up-grades.With a fast
track scheduled in place,Watterson has already started framing new wall partitions. This summer break has seen a
moderate increase in the project work force as the Contractor is now required to have a full size crew working
simultaneously on both Phase 6(south campus) and Phase 7(north campus).Phase 6 Area 8 exterior continues to
progress with the completion of siding and the exterior glass curtain wall systems.Area B Interior this period progressed
with the completion of electrical and mechanical rough-in,drywall and mechanical ventilation duct work(all areas).
Also started this period is the Phase 8 Main Parking Lot improvement including mass excavation to establish subgrade,
storm drain and water mains
Work This Pe ..,
• Area D,E&F demolition,framing and utilities
• Continue Area B interior finishes south
• Complete Area B framing&drywall north
• Complete Area B plumbing and electrical rough-in
• Main Parking Lot mass excavation and embankment
` g
Work Scheduled Next Period:
• Phase 7 framing,drywall,mechanical ventilation ' 0' `' ` �� "' '"'0a
• Area B interior finishes r Main Parking Lot Improvements ,
• Main parking lot grading,curb&gutter
• Area 8 entry walkways
• Phase 9 demolition
oA W �� rrrrr ,,,,�„ mmmmm
Schedule Status:Phase 6 completion revised to
October 1,2015
Scheduled Milestones In Progress' "I's
Phase Start Milestone % Complete L
3 4-5-13 01-16-14 100% This Period 49 New mezzanine in Construction D113
�� wM
4 4-5-13 11-18-14 100% Open RFI s 06
5 6-1-14 08-21-14 9696
i
6 6-1-14 10-01-15 783% Total To-Date 711
7 5-15-15 08-20-15 38%
Bruce Walter,Project Manager
Installation of oak bleacher seating Area A
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 232 of 237
AGENDA ITEM #B.1.
Kodiak Island Borough
Engineering&Facilities Department
Projects office
' 710 Mill Bay Road
Kodiak,Alaska 99615
Phone{907}486-9210 Fax(907)4R6-9347
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 June 30,2015
LANDFILL LATERAL EXPANSION
ASRC SKW Eskimos,Inc.is the contractor for Phase 111 of the Landfill Lateral Expansion,construction of a
leachate treatment plant.Subcontractors are currently installing the chemical piping required for plant
operation, digital control system,and finalizing electrical connections.CH2M Hill and General Electrical
(supplier of the process equipment) were on site in early June to perform a 90% check, and are
scheduled to return in early July for another status check. Startup of all the process equipment is
scheduled for early September.Phase III is scheduled to be complete by October 30,2015.
KIB staff is currently working on a bid package for procurement of the chemicals necessary for the plant
operation. This bid package is scheduled to go out in early July. Chemicals will need to be onslte for
plant startup in September.
Chernkai Piping Belt Filter Press Conveyor Process Pump
ANTON LARSEN BAY DOCK REPLCAMENT
KIB has received Alaska Legislature and Denali Commission grants to provide upgrades and expansion of
the existing Floating dock at Anton Larsen Bay.Jensen Yorba Lott and PND Engineers completed design
for this project, and Rainier Welding of Redmond, WA is currently fabricating the new dock and
gangway.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. Fabrication Is scheduled to be complete in August 2015.
Pacific Pile and Marine of Seattle is the installation contractor and will be responsible for transporting
the dock and gangway to the site. Installation is scheduled to start September 15, 2015, and be
complete by October 31, 2015, KIB staff has been working to get notice to the public that the existing
dock will be closed to try and limit the potential disruption to users.
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 233 of 237
AGENDA !T #B.1.
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,
toilets,and storage rooms.Wolverine Supply of Wasilla began construction March 2015.All exterior wall
framing and sheathing, roof truss installation, and roof sheathing have been completed. A new 2,000
gallon septic tank has been installed and connected to the existing leach field.Wolverine is starting on
interior wall framing and installation of electrical and mechanical systems, as well as prep work for
roofing.The project is scheduled to be complete by August 15,2015.
i
a,
ry
Roof Trusses 5eprlc Tank NewAddition
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 had requested some modifications to the building mechanical systems and added tree
clearing and landscaping.The hillside on the south IRezanof)side of the property was hydroseeded on
June 14,2015,and all work on the project is now complete.
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). At this time the
highest priority item is repairing the concrete floor.A bid package for repairs to the floor was compiled
by staff based on the concrete topping product used when the floor was last repaired In 2007.The bid
package was issued on May 28,2015,and bids were due June 16,2015. No bids were received,and KIB
staff is currently evaluating possible options to complete the work.
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 all four schools is now complete.Using the remaining grant funds,KIB has issued a change
order to Wolverine to provide a new generator to Akhiok School which is having recurring problems
with its existing generators.The work in Akhlok will take place in September 2015.
Project Status Report—June 2015 Page 2
June 2015 Change Order Report, KH5 Wilson, Other Projects Re... Page 234 of 237
AGENDA ITEM M.1.
FIRE PROTECTION AREA NO 1 EMERGENCY GENERATOR
�. -- ..,. ,,,,,,.,,�,,.,,,gisl,,t,,,,, „,.. ., p,,,,,,,,, ge y,p_,..., , ,,..
KIB received a Oesi Hated Le islative 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.On May 7,2015,the Assembly voted to approve a contract
for Pacific Power Generation of Anchorage to provide the generator and switch gear.The equipment is
currently In production, and expected to be delivered in early August 2015.At that point KIB staff will
coordinate with the Fire Protection Area No.1 Board for installation.
Note: A status report on the Kodiak High School Addition and Renovation project is provided
separately from Wilson Engineering,Inc.
Project Status Report--luxe 2615 Parma•�
June 2015 Change Order Report, KHS Wilson, Other Projects Re... Page 235 of 237
c
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Kodiak Island Borough
Project Budget Status
EL Period Ending June 30,1015
to
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Anto�Larse�n Ba Dock��wµw �$ 2,1 $ 724,152 5 1.D15,871 $ 359,977 �
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on
Area No.1 ar ;s5,.;oo 33A 5 519 81.148
Pond :Fire Protection No.3($125,1 J,State pJAImska LWWwfie Grant($4q=)
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Four School Generators 5 1,274,765 5 1,017,380 5 224,198 $ 35,187
Funding.Stale.)Alaska Legislative Grant($1,27Q765)
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HS A' it and t lon "',_80.479 ,718 31fl 12,591.937 $,, 4,168,763
to
Lan drill Lateral EK ansian Phase t,It and III $ 32,DD%ODO $ 23,831,984 $ 3,877,215 $ 4,290,801
Funding:Afosku DEC Loans(51 7,463,548).Revenue Bonds($3,215,000),Alaska DEC Grant(53 ),State aJAtaska tegislative Grant(57,729, )
Long Term Care F lity 15,517.237 37.453 $' 4,3110.310
+Funding:Revenue Bonds(els, ).Side afAlwAu Grants(S )
omens BaySMe rganSkehex 5 LGW,Wo $ 725,411 $ 771,157 $ 103,422
Funding:stare aJAtaska legislative Grant 151,025, ),US Housing and urban Development Grant($475, ),Womeas Say Fire Department(51 )mow
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Kodiak Island Borough
Assembly Regular Meeting Guidelines
August 6, 2015, 7:30 p.m., Borough Assembly Chambers
plll,,„EASIE AININ01I.JNGER IF."lls,ase rern rn'bsr b,) turn off drigers oin your call phoniesoir put
t.lheim on vibrato„
1. INVOCATION
Major Michael Bates of the Salvation Army.
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 any Assembly member who may be
absent.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine and non-controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the consent agenda and considered in its normal sequence on
the agenda. All items in yellow are consent agenda items.
Summary of Consent Agenda Items:
*Regular Meeting Minutes of July 2, 2015.
Recommended motion: Move to approve the agenda and consent agenda.
Recommended motion: Move to amend the agenda by removing Item 15.8
Borough Clerk's Performance Evaluation.
ROLL CALL VOTE ON MOTION TO AMEND.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.
5. APPROVAL OF MINUTES
A. *Regular Meeting Minutes of July 2, 2015.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 1
6, AWARDS AND PRESENTATIONS
A. Employee of the Quarter Award— Manager Cassidy
• Sharon Blakeslee, Programmer/Analyst in the Information Technology
Department.
B. Longevity Awards— Manager Cassidy
• Tom Slagle, Baler Operator I—Ten Years
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.
I151ease ask spealkers to:
°t a sign lii,i
2. state their riaiirie fei ttie rei:oi,'d
3. tui°i°iu or-iii the i°iilib i°elpllhiorm i II..-mfore spea'kinig
8. COMMITTEE REPORTS
9. PUBLIC HEARING
A. Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-Conservation
District and Chapter 17.130 PL — Public Use Lands District To Allow the Temporary
Storage of Mobile Homes Displaced Under AS 34.03.225 To Be Stored On Sites
Zoned C-Conservation Or PL-Public Use Lands.
Recommended motion: Move to adopt Ordinance No. FY2016-03.
Staff Report—Manager Cassidy
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 2
B. Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing
Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under As
34.03.225 To Relocate Within Existing Nonconforming Mobile Home Parks.
Recommended motion: Move to adopt Ordinance No. FY2016-04.
Staff Report—Manager Cassidy
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
C. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015
Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary
of Road Service Area No. 1.
Recommended motion: Move to adopt Ordinance No. FY2016-05.
Staff Report— Manager Cassidy
Assembly discussion.
Recommended motion: Move to postpone indefinitely Ordinance No. FY2016-
05.
Assembly discussion.
ROLL CALL VOTE ON MAIN MOTION TO POSTPONE INDEFINITELY.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
None.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 3
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel Oil Delivery.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2016-11 to Petro Marine Services for No. 1 heating fuel delivery to
Borough Facilities for a three-year term based on the margin of 0.486 cents
above the average monthly OPIS quoted price.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel Oil Delivery.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2016-12 to Petro Star Inc. for No. 2 heating fuel delivery to Borough
Facilities for a three-year term based on the margin of 0.4846 cents above
the average monthly OPIS price quoted.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
3. Contract No. FY2016-13 Aerial Imagery Acquisition.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2016-13 with Kodiak Mapping of Palmer, Alaska for Aerial Imagery
Acquistion in an amount not to exceed $70,000.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions—None.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 4
C. Ordinances for Introduction
1. Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by
Adding Chapter 2.160 Borough Lands Committee.
Recommended motion: Move to adopt Ordinance No. FY2016-02 in first
reading to advance to public hearing at the next regular meeting of the
Assembly.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
The Borough Lands Committee ordinance was requested by Mayor Friend. The
Committee will be responsible for review of real property acquisition and disposal
of borough land and it will also provide a forum for input and recommendations to
the Assembly.
The powers and duties of the borough lands committee are the following:
A. Assist in identifying creative and workable solutions to ongoing and
emerging issues in selection, acquisition, management, and disposal of
borough real property and resources.
B. Provide input for potential land sale plans.
C. Provide input for utilization of borough land that achieves multiple land
and housing options.
D. Collaborate and seek input with private land owners when considering
whether borough land should be developed.
E. Provide for balanced consideration and representation of the viewpoints,
problems and issues regarding borough real property and resources.
F. Provide a forum for discussing development of specific sites and projects.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 5
D. Other Items
1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Tia
Leber).
Recommended motion: Move to confirm the mayoral appointment of Ms.
Tia Leber to the Solid Waste Advisory Board for a term to expire December
31, 2016.
Staff Report—Clerk Javier
There are two at-large vacant seats and a Retail Business Representative vacant
seat on the Solid Waste Advisory Board; two seats expiring December 31, 2016
and the Retail Business Representative seat expiring December 31, 2015. On
June 16, 2015, the Cleric's Office received an application from Ms. Tia Leber
indicating her desire to be appointed to one of the vacant seats on the board
2.100.030 Appointments.
Members of boards, committees, and commission,s, except for members of the
board of adjustment, members of the board of equalization, and elected service
area board members, are appointed by the mayor and confirmed by the
assembly unless otherwise specifically provided elsewhere in this code. An
appointment not confirmed by the assembly shall not become effective. The
mayor shall appoint a new applicant until an appointment is confirmed by the
assembly.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Declaring a Seat on the Personnel Advisory Board Vacant (Tom Lacey).
Recommended motion: Move to accept, with regret, the resignation of Mr.
Tom Lacey from the Personnel Advisory Board for a term to expire
December 2016, and direct the Clerk to advertise the vacancy per Borough
Code.
Staff Report—Clerk Javier
We have received notification regarding Mr. Laceys move to another state. Staff
requests that the Assembly declare Mr. Lacey's seat on the Personnel Advisory
Board so we can start the advertising process to fill his seat.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 6
3. Confirmation of the Assembly Appointments to the Fire Protection Area No. 1
Board (Paul VanDyke and Jeff Halcomb).
Recommended motion: Move to confirm the Assembly appointments to the
Fire Protection Area No. 1 Board of Mr. Paul VanDyke for a seat term
ending October 2015 and Mr. Jeff Halcomb for a seat term ending October
2016.
Staff Report—Clerk Javier
There are currently two vacant seats on the Fire Protection Area No. 1 Board for
terms ending in October 2015 and October 2016. The Clerk's Office received
applications from the following:
• Douglas Payelle on May 7, 2015
• Paul VanDyke on May 22, 2015
• Andrew DeVries on June 1, 2015
• Jeff Halcomb on July 20, 2015
The FPA No. 1 Board has recommended Paul VanDyke to fill the seat term
ending October, 2015 and Jeff Halcomb to fill the seat term ending October,
2016.
Per KIBC 4.15.040(E), the service area board may submit its nomination of a
erson from the submitted applications to fill the vacancy to the assembly. The
assembly shall appoint a new member selected from the submitted applications
for the remaining unexpired term.
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.
f:)Ilease speakers t:o:
t. S:i g,,)in uirm
2. state tliteiir ui°iiiaui°iir e for tlw record
. tuui°ui-m oui°% tlhie, iu°ini «rollphr rile before spealt(ing
15. EXECUTIVE SESSION
A. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Case and
Litigation Update Regarding the Wren Case.
Recommended motion: Move to convene into executive session to discuss
Litigation, Trial Strategy, and Tactics Regarding the Markham Case and
Litigation Update Regarding the Wren Case.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 7
Recommended motion: Move to invite the Borough Assembly, Borough
Manager, Borough Assessor, Borough Attorney via teleconference, and
Clerk's Office Staff into executive session.
ROLL CALL VOTE ON MOTION.
After the vote, Mayor Friend recesses the regular meeting and convenes the
executive session.
Upon returning from the executive session, Mayor Friend reconvenes the regular
meeting and announces no action is to be taken as a result of the executive session.
OR the Assembly may make a motion if necessary.
ROLL CALL VOTE ON ANY MOTION.
Clerk's rmofe: Proceeld with Assembly rrmernber"s c,m.:::miimrnentz it agertda was
amen Merl,,
B. Borough Clerk's Performance Evaluation.
Recommended motion: Move to convene into executive session to discuss the
Borough Clerk's performance evaluation, a subject that qualifies for executive
session as a matter that may tend to prejudice her reputation or character.
ROLL CALL_VOTE ON MOTION.
Recommended motion: Move to invite the Borough Mayor, Assembly, and
Clerk into executive session.
ROLL CALL VOTE ON MOTION.
After the vote, Mayor Friend recesses the regular meeting and convenes the
executive session.
Upon returning from the executive session, Mayor Friend reconvenes the regular
meeting and announces no action is to be taken as a result of the executive session
OR the Assembly may make a motion if necessary.
ROLL CALL VOTE ON ANY MOTION.
16. ASSEMBLY MEMBERS' COMMENTS
Announcements—Mayor Friend
The next Assembly work session will be held on Thursday, August 13 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting is scheduled on Thursday, August
20 at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 6, 2015 Page 8
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KODIAK ISLAND BOROUGH
Regular Meeting
Regular Meeting of:
Please your name Please PFINT your,name
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