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2016-01-07 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 7, 2016, 7:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None. 6. AWARDS AND PRESENTATIONS 51 A. Stalking Awareness Month Proclamation for January ii ernes rca ai 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 6 - 28 A. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. Liguor License #622 K131 Spiritsc c f 29 - 50 B. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. Li uor License 17 Island Grocers ck to - df 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,. website at y N��. u , n icmu� Ilii ur .u..R.- @Kodiakl3orough Visit our we �II4a �u�.. ��.��u��I� �� urm�iii��a �iui��ll�u�IIIu,�._�.��M0 Page 1 of 169 51 - 86 C. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003). Ordinance No. FY2 16-010@ pp icable raft P Z Minutesand Aoolicable P&Z Case Packet- Pdf 87 - 90 D. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. Ordinance No. FY2 1 -11 - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 91 - 120 A. Ordinance No. FY2016-07 Amending Kodiak island Borough Code Chapter 17.25 Definitions, Chapter 17,165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. Ordinance No. FY201 - 7 and CQD Staffeorts with olicable P Z Minutes - Pdf 13. NEW BUSINESS 13.A. Contracts 13.13. Resolutions 121 - 123 1. Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. 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. Visit our website at �� ,� ,I; „u 1, a i m°u : �diil 111 it 111 iru lllk �� u.�� KodiakBorou h l h uuuw .i odiiak�m k, u s ........ ........m...........� . ...... @ 9 Page 2 of 169 Resolution No. FY2 1 -2 _ Pdf 124 - 136 2. Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $1,815,000 To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters. Resolution Y2 1 3 Bond Resolution - Pdf 137 - 140 3. Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a Kodiak Representative to the North Pacific Fishery Management Council Resolution o. FY2016-24 f 13.C. Ordinances for Introduction 13.D. Other Items 141 - 145 1. Declaring a Seat on the Solid Waste Advisory Board Vacant (Ms. Tia Leber). SWAB si doTia Leber- Pdf 146 - 148 2. Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Jeff Stewart). SWAIAMgjntent ® r. to art a Pf 149 - 154 3. Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr. Patrick Saltonstall, Mr. Helm Johnson, and Mr. Ben Millstein). Parks and Recregjjgn �eats ® 14. EXECUTIVE SESSION A. Strategies in Negotiating the Hospital Lease. 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT Meeting broadcast live over radio station KMXT 100.1 FM, Citizens'Comments and Public Hearing Numbers Toll Free(855)492-9202 and Local 496-3231Visit our . website at vwyv fac:eboo , @KodiakBoroughwwmtkodia@m Page 3 of 169 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 155 - 169 1. Architectural/Engineering Review Board RM October 28, 2014; Monashka Bay Road Service Area Board RM December 17, 2014 and March 18, 2015; Solid Waste Advisory Board RM October 19, 2015; and Planning and Zoning Commission RM November 18, 2015. Meeting i is of Other Boards 18.13. Reports 1. Kodiak Island Borough Short Report for November 2015 (Available Online at 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. Visit our website at Nuufvy fbir,�:lk3,oiok coin mro U iii ll4 ii 111 i� ill �wwuc nwui Um 4 ' KodiakBorou h WNW 1(01646k 6k iius _._......M................ ...... r @ 9 Page 4 of 169 AGENDA ITEM . . Pratifflao"404a DECLARING JANUARY 2016 AS NATIONAL STALKING AWARENESS MONTH IVIIEREAS, under the laws of all fifty states,the District ofColumbia,and federal government,stalking is a crime�and `VIIE EAS, 3.4 million people over the age of 1$are stalked each year in the United States,and nearly 75%ofvictims are stalked by someone they know,and %V111 EREAS, three in four women killed by an intimate partner had been stalked by that intimate partner.,and WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population,,and WHEREAS, many stalking victims are forced to protect themselves by relocating,changing their identities,changing jobs, and obtaining protection orders,and IVIIEREAS, many stalkers use increasingly sophisticated devices, such as global positioning systems, cameras„ and computer spyware,to track their victims;and WHEREAS,EREAS, there is a greater need for great public awareness about the nature,criminality,and potential lethality of stalking,and WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of law enforcement officers and aggressive investigation and prosecution of the crime;and WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers;and WIIEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services;and %V11EREAS, Kodiak Women's Resource and Crisis Center is joining forces with victim service providers,criminal justice officials, and concerned citizens throughout Kodiak Island and the United States to observe and promote the 2016 theme, "National Stalking Awareness Mouth." NOW. THEREFORE, 1,Jerrol Friend„Mayor of the Kodiak Island Borough do hereby proclaim the month of January 2016 as: Stalking Awareness Month and applaud the efforts of the many victim service providers, police officers, prosecutors, national and community organizations-,and private seclor supporters-for their effomis in promoting awareness about stalking. err as/:r rrlrmraf�n-71rV 1& nrJord ruts r f an 1 anise Are sail to 1a,fadt qmr2i�A:%2�v fflk— Stalking Awareness Month Proclamation for January Page 5 of 169 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT d JANUARY 7,2016 J ��' ASSEMBLY REGULAR MEETING TITLE: State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Wayne L.Sargent dba Kalsin Bay Inn to Wayne T.Sargent dba KBI Spirits#622. ORIGINAT Angela MacKenzie OR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This application is for a liquor license transfer of ownership and dba name change permit for Wayne L.Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits#622. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1.The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2.The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3.The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license;and 4.The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk.A transfer from one person to another of a liquor license,even if the location stays the same,shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B.The assembly, after public hearing,shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged,the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Note: Public hearing notices were mailed to 14 as referenced above. RECOMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and DBA Name Change permit Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits#622. Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 6 of 169 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 7.2016 AI, ASSEMBLY REGULAR MEETING �, 0fJi' „ Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 7 of 169 AGENDA ITEM O.A. l/ lO�� Kodiak � Office of the Borough Clerk u 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)4 8 6-9314 Fax(947)486-9391 MEMO TO, Bud Cassidy,Manager Karl Short,Finance Department Bill Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob Tucker,Engineering/Facilities Department FROM: Nova M.Javier„NIMC,Borough Clerk DATE: December 8,2015 SUBJECT., Liquor License Transfer of Ownership-KI Spirits (Former Business Name-Before Transfer:Kalsin Bay Inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership and DBA Name Change for: From: Ta: Li nse :622 License :622 License Type:Package Store License Type Package Store B.A.:Kalsin Bay Inn , .A.:KBI Spirits Licens Appli nl;Wayne L.Sargent Licensee/Applicant:Wayne T Sargent Location'.1633 E Rezanof Location.1633,Airport Road Please see the enclosed notice from ABC Board. Per KIC 5.01.030(Al), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer.Please return the form below to the clerk's office by Monday.December 14,2615. LIQUOR LICENSE TRANSFER OWNERSHIP vWith regard to the Department,the Borough has NO interest,which can be protected by protesting the application for transfer. Signature: Date: rWith regard to the Department, the Borough HAS an Interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Si nature: Date: State of Alaska lcoolic Beverage Control Board for a Liquo... Page 8 of 169 AGENDA ITEM . From:Nova Javier Sent:Thursday,December 10,2015 11:31 AM To:'dmathers@dty.kodlak.ak.us';Bill Roberts;Bob Pederson;Bob Tucker;Bud Cassidy;Karl Short Subject:Liquor License Transfer Forms Hello, Please see the corrected information below for KBI Spirits SUBJECT: Liquor License Transfer of Ownership—KBI Spirits (Former Business Name—Before Transfer-Kalsin Bay Inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership and DBA Name Change for: rom• License#:622 License Type Package Store D.B.A.:Kalsin Bay Inn Licensee/Applicant.Wayne L.Sargent Location;Mile 29„Chiniak Hiway License#-622 License Type:Package Store D.B.A.:KBI Spirits Licensee/Applicant:Wayne T.Sargent Localiom 1633 Airport Road Thank you, Nova Ms.Nova M.Javier,MMC Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak,AK 99615 PUBLIC RECORDS LAW DISCLOSURE:This a-mail and responses to this&mall are subject to provisions of the Alaska Statutes and may be made available to the public upon request. State of Alaska AlCoholic Beverage Control Board for a Liquo... Page 9 of 169 AGENDA ITEM #9.A. THE STATE Department Ofcol rilill 11111111111:111111, and 1)iavelq)��wneii,it 01ALASKA M,10011WHIC IECVERAIGIE Ca"qrY111a01,90,VltD GOVERNOR BILL WALKER 550%'Velsli 7111,Ave %le,116011!1I AWXIIONS,Aknka 995011 M,-:1MV26Vj0'E!,0 T�AI:90, Ad 5 5 417 liuc 907 311 UE!" November 18,2015 Nova Javier VIA EMAIL: njavict@kodiak-alLus Wayne L Sargent d.bs.KBI Spirits — Lkl#6n 13 New Application 0 Transfer or Ownership 21 Transfer of Location E3 Restaurant Designation Permit 0 DBA Name Change, We have received an application for the above listed licenses(see attached application documents) within your jurisdiction. This is the notice as rquired under AS 04.11.520. Additional information concerning filling a'protest'by a local governing body under AS 04.1 IA80 is included in this letter. We have received an application for the above listed licenses(sw attached application documents) within your jurisdiction. This is then `ce as required under AS 04.11.520. Additional information concerning filling a"protest"by a local governing body under AS 04.11.480 is included in this letter. A I goverrong body as defined under AS 04,21.00(11)may protest the appl of an application(s)pursuant to AS 04.11 ASO by furnishing the board and the applicant with a clear and coricise written statement ofreasons in support of protest within 60 days ofreccipt of this notice. Ira protest is filed,the board will not approve the application unless it findis that the protest is "arbitrary,capriciousandurtreasomble. Instead,in accordance with AS 04.1 1.510(6},the board will notify the applicam Oat the application is denied for reasons stated In the protest. The applicant is entitled to an info conference with either the director or the board and,if satisfied by the Informal conference,is entitled to at formal hearing in accordance with AS ".62.33044.62-63D.IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04 11 420(a),the by may not issue D license or permit for premises in a municipality where a zoning regulation or ordinance pill the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been atill UndffAS04AL420(b) munidpalifles must inrorm the board orzoning regulations or ordinances which prohibit the sale or cart orwchoull,beverages. Ira municipal zoning regulation orordinance prohibits the or consurnl of alcoholic beverages at the proposed premises and no variance or the State of Alaska Alcoholic Beverage Control Board for a Li o... Page 10 of 169 AGENDA ITEM #9.A. regulation or ordinance has been approved,please notiry us and provide a certified copy orthe regulation or ordinance ifyou have not previously done so. Protest under AS 04.11.480 and the prohlbilion of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04,11.420(a)am two separate and distinct subjects.Me ase bear that in mind in responding to this notice. AS 04.21.01 d),i rapplicable,requires the municipality to provide written notice to the appropriate community couacil(s} If you wish to protest the application referenced above,please do so in die prescribed manner and within the prescribed ti m Please show prooFors ace upon the applicant For additional information pkase refer to 3 AAC 304.145,Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(g),3 AAC 304.335(aX3),AS 04.1 Lome), and 3 AAC 30x1. e)must be approved by the governing body. Maxine Andrews Buimess Registration 11sarnmer Direct linc-.907.269-035B Email: -jm:.2ndrcws@alaska gor State of Alaska Alcoholic Beverage Control Board for a Liquo.. Page 11 of 169 AGENDA ITEM O.A. State of Alaska Alcoholic Beverage Control Board Date of Notice:November 18,2015 Application Type: new —JL—TMSKR --A—ownership —L—Locatlon arhe Change Kodiak island 5 Community Councils- n/a License 0- 622 LicenseType, pec e5tnre D.O.A.: KBI Spirits Lion �/Aplkant. ._!�ayne f ent, Physical Location: 1633 rt Read Mail Address! PO Box 8923 Kodiak AK 99615 907-942.2659 EON, 92-0135210 ent: r one Date a State G d Incorporation standIn!g? n/a I I------ Rease it.,the (pdncipah)third below are the p members.Theremaybe addlvowl members that we® not aware albemset hey are not pdmary members. We have third ail princlaal members and those who hold at kost JOX shares. Munber/Officer/Director DOB Address phow to Is) Currently located at Mile Z9 Chinlak Highway State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 12 of 169 AGENDA ITEM O.A. Page 2 A local governing body as defined under AS 0412=0(11)may protest the approval of an applications)pursuant to AS 04.11A80by rurnishing the board and the applicant with a clear and concise rttten statement of reasons i support of a protest within 60 days of receipt of this notice. If a protest is Tiled,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable'. Instead,in accordance with AS 04.11.5101b), the board will notify the applicant that the application is denied for reasons stated in the pmtesL The applicant is entitled to an Informal conference with either the director or the board and,If not satisfied by the Informal conference,is entitled to a formal hearing in accordance with AS 44M33G-44,62-630.IF THE APPLICANT REQUESTS A HEARING, GOVERNING I IN OR UNDERTAXE THE DEFENSE OF ITS PRO71W. Under AS 04.11.420fa),the board may not issue a license or permit for premises Ina municipality where a toning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11A201b)municipalities must Inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption ofakoholk beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously ne 5a. Protest under AS 04.11.460and the prohibition of sa le or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.IL420(a)are two separate and distinct sublech.Please bear that in mind in responding to this notice. AS 04.21.010(d),11'applicable.requires the munidpality to provide written notice to the appropriate community councills)• If you wish to protest the application referenced above,please do so in the pre bed manner and within the prescribed time.Please show proof of service upon the applicant.For additional information please refer to IS AAC 104.145,Local Governing y Protest. Note.Applications applied for under AS 04.11AMIS),15 AAC i .335(a)(3),AS 04.11 e), Arid 3 AAC 304.660(e)must approved by the governing body. Maxine Andrews Business Registration aminer Direct line: 7-269-0353 Email:maxine.andrews@alaska.gov State c li Beverage tri Board for a Liquo... Page 13 of 169 AGENDA ITEM O.A. 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IN 111he 11ftfiny fill,qlikv�!y113idrp iiib uhc Al2A3 Ell ms�uvi of Nepam6am, 111�311'11M 10 ITsm m rim 111 rm, d sh: I!,mind sh: "llem R 11 MmAda"Min'm iih w 111c"m H11111,1 ............ ............... ---------------rj Wmil,Tdi#., Viou pi ffilim!'11 II uu'm'lurx Ill nrvllr Tm III 1114cph'Ar 04%11111d� ...................... ............... .................................................... .................................. ..........................................L........................................... .............................................................. ............................ lrwxslllmi ApIlilhicafian Pupil!1(x1r3liumr W11 11111 u 5 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 15 of 169 AGENDA ITEM O.A. V mVfl llui°:II!I IIIIM�fl� �°'AN r'w111131a cixn arrmolll lBiari,,,w,iea0 luoilr .N i 14� .. �M n �.a V� NNPIy'M",maa'g7),2419 0350 a",rMx,ic,.Sas'wt,all1160l0 P!amm, q'NaDriN'q:ky.M•;!:'C x I u,"0.,91460111'� Ih&IrrVa alum:1111u.I'rYc:raYlaolulMuuu¢Puuuu:mhuc Himc,arl;l'u,w V .,.—ITwYmu uarv^u ulll am ulllm4.l,,,l, M ".Mr,Pwmrmm aauil im ii.Nw am..am mumn Vm,mw,i� .� � .. � .. .... � .� � „. uluwum colla awm; !. .,_ I!MW, .,. milt'"°M"III(KY III" WV"V'iFIIDP..MaIUMM:"IIuk),4—sou I4IROPIy"dIIIII:'lll"9SSII'i1SH1IIII111'MDIV''IIM74 LA' ,iMlllN7Niil"ui16"'NM A SPOUSE) Illumc0.�uuMulluuaVVlrmmaaill�„ rima'hyttm"IyMiaa .' ga�rraaIll'amuaa:mac mVn'wtt11 „.. ,4311 : II Nq:J IL m yg UP�m�gir �allMr°�� I ullvllfu as lVlliiUuaw�wln IL mtt it u�wua IImM y Wa..a�auua m.. rich�millrullamu,a�V�U mxMcuil ISN W MIIIywPu';mua: as Addre mlYtliV 5II M"P Mohclaaa,, '9IIM�N'.,912-,'iM�w�59� r.a,am�.am"I�om.�hr� ....� ..� �''�MF�1iII�1W�lalxrwr�nc. a ilOromuroucVm�lioxmur, Ido w+Iu aM�a NmMUuIW» » �m�pa �au'aN,miimlll�,�;�;: VBua Vlu w u ri 11 meq"MNmuroue' 101NNM@,.Maau' Nn ill .... .. ........, I '.a M'MMMuull.- � �IU�•axmaattlllliii,Va HcInlii 'Ipho ma°, 1dllaanrU4nm:'pymmmrrae: 'u,'haa rk QP"Illmaau'aaa ttm olil w Ip'Iholin IV6an Gualrua.mlli�suuw w h ull'a..N,aalm 0landa".'w,Irmemuu;aVllyr fillCillaogMuuurr 11911,2 U llharm ia"aqua iiiu'uu�d dill^u,amiMVa:�au9�ii011%xlrluu,:xl�iuMGnjIlUnr cdw`u",u:i�l mpmko nIItl'501110112°r,w dwu:wnil 51113110:iwluali unalll mum r';Il,la.'lllwnllii Or omigpr III,,.Irramua III !Ill ue rmmrwuN 1xiiiiOr mtt iis'Px°uum,arnao-miaa':m aaauM I Mull Ifis ulrV1;uyahi,aPmmmm ruuui�umx'aiiimnh,mimumn eiM;amnyu Iaa°m illilllg a1i'llurer:ta auea aillwa ur i,amlrinamaaaraaV. i m�,iMudll oyy��ax liimwa�s, III Moist v.fytt M vaa rI Ixhu d'i'ma:Uxaura I 6MIg a Mn:'u mIMI'ilix'>mswu auw:a4aaa4d:ila!Idlattiaa3 Mllka�Ill Ilhudam rwu il:bm a Ioa laiurma^a 11 mrcm did,;jy,Illaiarlholk ICM i wna'a Lgic:Clu"ttw uufll IIlWaffid Uhl4aranwi5luuury ipci ,rulmraam mli bilh IHri l' e vin'I,lu'Iiliru:u iRcmilVumNY uremau iim 'udU.%llan jmdia111111Px+skunvma umu~gaeu onlIrtaouirnulllllV'am'ttxlai xau.IlCuamlr' lummuaimoi 4g'IIID'uu,s niilllllrl',IMIM'owm ur a a Vhilinhire r:srualGlV�'shm III ha'saa aaawaaM aaaull ml�Inuru iMlalruaulVoaau amlllh 1»mPIII 'M imdf lihir:AIlla,allP,m swilumu'amsrnna�id V�um mjuudemuw wlu,%,aind ullolaa in a amillfmllarlaa„111m1lldh AS I M 111450, moan Illwa':cmi nilliiam 11ha n dle9luiaaam eca 2g Im aamy,°ni6wmaa:.IV cw rtuawMiiu'cv Miiln mlvaiil.4 ilmailrst ilroi Ililluu Viiiauwwurs id Illvaum.ii,anass m V ar ammo uuu urrlroN u,u l aml lmmuu MnlwmuualI'�uana liiai wuli r lll„mr UNnu a4Nwr Na�wV c IkMan�mm y maattnlV4n:s:a aPm mu u . .. �u nummV ml Mtt,iyaaum iIm n;al Yro. . , ..... ....„..... ........ .��......Il...�ium..��...�fl m....fl.......�..��w� "'iP�i;�ieo:aawamrer aM lM"uraduuw.di'w"nn ai di '"rv�aiim m, la.aimsariai um'aIV P w as rnUV.awa n iwum8vuure:� ^,.,.-�,..� �. �� .. MuMuua4muuro;. �,"' "^ammo.ntt I qi lIII:� ,.m.. ai 'MmnMmm�mqN��aauu�mPalfuowaunnasuyAr mm. __��_ .... ., ..,, , I'M uua Va.1.1 _ p ,.m ry �w� °,uMba„»n'u'dam'r��W;auuuM amaaa«am u4mwull4aau uwrmlluiim... .. mm. u� �mW;u w'�ulll" Ila'n^�m:;wr°,tt'IX"asavllm¢uwn,aaa:M faam A.va':"„b"gam,aareV�Mam��ma.4i:;m II'Mawa„au',gr ThsAwpuu uiru�ImumICnwe utl!umar,°µ!tmuulC m'aIP,��nw'lu�;m IMNIb auwaaaau„oruu mu mesa wmIu . .... ...�.,: .. mm w..°, ,.�_ ..�mm ...�.... V � I rmm �4nllr�� I ANWO'IV IIl' ill1 im J�M°mIq 1”201V13 Illu tt lnu�.a'�F�att� .tt,�'IIIha��a M o'M'�Prtt l�:P',oigle olf I Ro,0 ao 0 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 16 of 169 AGENDA ITEM #9.A. 53ATE.OF AEA5KA AtC011HOL BERVE Ill CONTR011.SIDARD Mallm.d IlwmwfflOwn ICaRa irmi,im HISTRUCTPONofaw a ii p4m W our pir-mli%twil popmed i p"Milsm s vq¢i jjjtbrjv WOW,Olow,W VWAMT101 Me ON4L ard;101 ragUwaa'EUCh H 94UPS,INUUM IIMMOa.WWWM WIN,MORTL Puftim,RIC DBA: 1'.Q. V p ............................................................................................................................................................................................................ PREMISES LOCAIDOM I11 3..".......A......1 ky� ET....W.a .V................—.. ..................................................................................... [ndkialiescalh!r Iby:x aher appropiNalle rtatement or!Rhmio IPS iph and Wdrilla airprp,,un4es. SCALE A:: ..........................— 150m4rT, SCALE B: ....................................... UG-11pT Lientph and m,l of Iplairsp6sels M feet:[3)7"%34'40l QuiiRh,iiUhlearea W 111ir deOginailed foirsiiiNe,sendce,,,Storage,and R�1111 gilrijgljhiiw111 hiekl#11316 1111 Med D10 N1,..FT'USE BLIVE 111Y ..................................................................... ....92..Effi�� ...........K. 1L.D.R.I.Iffli Eftrigam;„ R" JPAiq Imp 2"" wo Storage ......................... IUV mll 4a 19nV" Shelves Ow ON IN.M. ........ Counter ...... .. ............. ..... ...... L . ...... ... ... ........................ ....... ............. ........ -.1....... ....... .............. —----- .... .......... .... ...... .......... S,ha*wlh�i IlReWseid 6 1.16105 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 17 of 169 AGENDA ITEM #9.A. Kodiak Island Borough Office I r 710 MITI Bay Road Kodiak, Alaska 99615 P hone (907) -9310 Fax(907) 6-9391 clerks .kodiakak.us/www.kodiakak.us NOTICEIHEARING A public hearing will be held on Thu div,January 7,2016,and the meeting will begin at 7:30 p.m, In the Borough Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application or intent to approve the transfer of ownership or issuance of a new liquor license. O ;License 622 License Type. Package Store )13.A.: Kalsin Bay Inn Licensee/Applicant: Wayne L.Sargent Location Mile 291 Ghiniak Ww Kodiak AK 99615 License#; 622 License Type: package Store D,B.X. K I Spirits Licensee/Applicant. Wayne T.Sargent Location: 1633 Airport d Kodiak, 99615 Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ....the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. if you do not wish to testify verbally, you may provide comments favoring or opposing in the space below,Please email your comments to clerk kodiakak.us,fax to(907)486-9391, mail or hand deliver to the Office of the Borough Clerk at 710 Mill Bay Rd., Kodiak,AK 99615 by 1 noon on Thursday,January 7, 2016. If you have any questions, please call us at(907)46- 9310. Name: Mailing Address°. Comments: State of Alaska Alcoholic Beverage Control Board for a Li o... Page 18 of 169 0) LEASES first naalast name MaiB Lima Mail Unel mad,City Mail Mail"bp ED ALASKA AIRLINES INC ATTN PROPERTY TAX ADMIN p O BOX 689M SEAB2 SEATTLE WA 98168 DREW AIRWAYS INC PO BOX 1037 KODIAK AK 99615 BR€NT ARNOT P O BOX.IG66 KODIAK AK 99615 to m AVIATION ACQUISITION GROUP LLC PO BOX 3 KODIAK AX 5.4615 ($ THE KISHAN GROUP,INC SRSI S.VIRGINIA ST RENO NV 6551x2 KODIAK TRANSFER INC 5152 TOM STILES RD KODIAK AK 49615 MARITIME HELICOPTERS,INC. 3520 F.A.A.ROAD HOMER AK 94603 MP BUSINESS PARK&STORAGE LLC PO BOX 2412 KODIAK AK 99615 GARY PETERSON P.O.BOX 1221 KODIAK AK 49615 BOLAN RUOSS PQ BOX 1371 KODIAK AK 9961,i1 ° STATE EBF ALASKA SBEPT OF TRANSPORTATION&PUBLIC FACILITIES 4111 AVIATION AVENUE ANCHORAGE AK 99519 WINGSPAN PROPERTIES LLC 1834 MI551ON RD KODIAK AK 95815 0 AGENDA ITEM O.A. PARCELS last—name MallLine_ Mail—City Mail—State Mail—Zip UNITED STATES GOVERNMENT P.D.BOX 825 KODIAK NK 99615 UNITED STATES COAST GUAR P.O.Box 5 KODIAK AK 99619 State of Alaska Alcoholic Beverage Control or for a Liquo... Page 20 of 169 AGENDA ITEM #9.A. Kodiak Island BoroughOffice of tiro Borougli Clerk f' A 7 10 Mill Bay Road poi Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 ME To:i/Bud Cassidy,Manager Karl Short,Finance Department Will Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob Tucker® n ineerin Facilities Department FROM: Nova M.Javier,MMC,Borough Clerk DATE: December 3,2515 SUBJECT- Liquor License Transfer of Ownership—FC I Spirits (Former Business Name®Before Transfer,,Kalsin Bay inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership and DBA Name Change for: r® O, License C 622 License N.522 Lica3n Type!!package Store License Type.package Stere .B A.:KaIain Bay Iran D.&A.:KBI Spirits Licensee/Applicant:Wayne L..Sargent LIcenseeiApplicant.Wayne T.Sargent Location:1533 E.Rezanof Location:Mile 29,C inlak Hlway Please see the enclosed notice from ABC Board.Per KIBC 5.01.035(Al),please Indicate,with reg.rd to your department,it the Borough has an Interest which can be protected by protesting the approval of the transfer,Please return the form below t®the clerk's office b a�a eco r 1 a 2 15. LIQUOR LICENSE TRANSFERF OWNERSHIP With regard to the Department,the Borough has NO Interest,which can be protected by prokesfing the application for transfer. Signature: lr Date: + With regard to the Department,the Borough HAS an Interest which can be protected by protesting the application for transfer.The Interests)to be protected are stated be State Alaska AlCoholic Beverage Controlr r a Liquo... Page 21 of 169 AGENDA ITEM O.A. Kodiak Island Borough Offtce of Me Borough Clerk 710 MillBaY Road Kodiak, Alaska 99615 Phone (907)486-9310 Fax (907)486-9391 MEMO TO. laud Cassidy,Manager Karl Short,Finance Department ill Roberts,Assessing Department Building Official Bob Pederson, unity Development Department Fire Marshall Bober, n ieerin Facillti Department Nova M.Javier,MMC,Borough Clerk December 0,2015 Liquor License Transfer of Ownership—KBI Spirils (Former Business Name—Before Transfer Kalsin Bay Inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of owgership and UBA Name Change for Ere— License q:622 License#.622 License Type:Packago Store License Type:Package Store D.B.A.-Kalsin Bay Inn . .:KBI Spirits LiconsWApplIcant.Wayne L.Sargent ensea/ i nt:Wayne T.Sargent Location:1633 E.Razanoftion:1633 Airport Read Please see the enclosed notice from oa .Per KIBC 5.01.0 (Al). please indicate. th regard to your department.if the Borough has an Interest which can be protected by protestingthe approval of the Iransler.Please return the form belowto the clerk's office by MgndayDecembjr 14,2015. UOUOR UCENSE TRANSFER OF OWNERSHIP With the r;,„ Department, h Interest. ich n e Signature: ' a't protected by protea th p i for Transfer. Date:. ` D With regard to the Department,the Borough HAS an interest which can be protected y protesting the applicationfor Iransf or.The Interest(s)to be protected are stated below: i i Signature.,., Date: State of Alaska Alcoholic Beverage Control Board for a U ... Page 22 of 169 AGENDA ITEM O.A. Kodiak Office of the Borough Clerk 710 111 Road Kodiak, Alaska 99615 Phone (907)486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy,Manager Karl Short,Finance Department V' Ill Roberts,Assessing Department Building Official Bab Pederson,Community Development Department Fire Marshall Bob"tucker®EngineeringlFacilifies Department Nova M.Javier,MMC,Boroughle 4 DATE: December B.2015 SUBJECT: Liquor License Transfer of Ownership m KI Sshits (Former Business Name®Before Transfer isin Bay Iran) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Boroughof a liquor license appli.00pn for IM, and DBA Name Chan 4 " T9—. ".622 ;622LicenseType:Package acre License Type:Package Store D.B.A.:Kalsin Bay Inn D.8.Pe°e tC I Spirits Llcsre a/ plicant®Wayne L.Sargent Licensee/Applicant:Wayne T.Sargent Location:1699 c EkLz nol _ Location: 68� r'F enl� B E"s¢uw� Please s the enclosed tice I'mm ABC Board.Per KIBC 5.01.030(Al).please Indicate,Win regard to your department.N the Borough has an Interest which can be proleded by protesting the approval or the transfer.Tease return the forma below to the clerWa tics by LIQUOR LICENSE F OWNERSHIP With regard to the L ! � ' .Department,the Borough has NO Interest,which can be F y p pp rba3taJer®.b emtlra Use application for transfer. �i ...r...... With regard to the Department.the Borough HAS an Interest which can be protected by pretesting the appllcain f transfer,The Interest(s))to be protected are stated below-, horse Date- State I lig Beverage Control Board for a Liquo.... Page 23 of 169 AGENDA ITEM O.A. Kodiak Island Borough Office of life Borough Clerk 710 Mill Bay Road Kodiak,Alaska 49615 Phone (907)486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy,Manager Karl Short,Finance Department Bill Roberts,Assessing Department Building Official A Pederson,Community Development Department Fire Marshall Tucker,Engineering/Facilities Department Nova M.Javier®MMC,Borough Clark ATDecember 6,2015 SUBJECT: Liquor License Transfer of Ownership—KSI Spirits (Former Business Name®BoVare Transfers Kalsirb Bay Inn) The Alaska Beverage Control (ABC) Board hes notilled the Kodiak Island Borough of a liquor license application for transfer of owner to and DBA Name Change for; F ron. To: License#e 622 License .622 License Type.Package Store License`type:Package Store . ,A,,Kalain Bay Inn Cts .aA-Itl3I Spirits Licen etA pti rite Wayne L,Sargent Licensee/Aap licark:Wayne Te Sargent Location:1633 E.Razanof Locations Mile 29,Chinlak HIway Please see the enclosed notice from ABC Board.Per KIBC 5,01,030(Ai),please Inclicale,with regard to your department,if the Borough has an interest which can be protected by protesting the approval of the transfer.Please return the form below to the clerk's office by Monday December 14 2015. LIQUOR UCENSETRANSFER IP With regard to the Department,the Borough has NO interest,which can be pretec p tin �5app �afionr transfer. Signatur - late.1 1 With regard to the Department,the BoroughHAS an Interest which can be protected by protestingthe application For transfer.The interest(s)to be protected are stated below- Date; el ate; State f Alaska Alcoholic Beverage Controlfor a Liquo... Page 24 of 169 AGENDA ITEM #9.A. 3 Kodiak Island Borough Office of else Borough ler 710 Mill Bay Read Kodiak Alaska 99615 Phone (907)486-9310 Fax (907)486-9391 MEMO TO., Bud Cassidy,Manager /Karl Short,Finance Department Bill Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Il Bob Tucker,Engineering/Facilities Department F Nova M.Javier„MMC,Borough Clerk DATE: December8,2015 SUBJECT. Liquor License Transferal Ownership I Its (Former Buolness Name®Before Transfer Kalsin Bay Inn) The Alaska Beverage Control (A has notified ilia Kodiak Islan rough of a liquor license application for transfer rsf ner to and DBA Name Change for: From, To- License :622 License 622 License Type:Package More License Type:Package Slers D.B.A.-Kalsin Bay Inn D.B.A.-It I Spirits UcenseelApplicaft Wayne L.Sargent LicanseelApplicaft Wayne T.Sargent Localiaw 1633 E.fie not Location:Mile 29,Chiniak Hlway Please e the enclosed notice from ABC Board. Per KIBC 5.01.030(A1),please indicate.with regard to your department,If the Borough has an Interest which can be protected by protesting ilia approval of the transfer.Please return the form below to the clerk's olfice by e e er 2 1 LIQUOR LICENSE TRANSFER F OWNERSHIP -1� With regard to the Department,the Borough hasInterest,which can be protected by pretesting the application for transfer, i nature .t m fi ..,"... Date, t 'I N l'tr With regard to the IT Department, the Borough HAS an Interest which can be protected by protesting the application for transfer.The intaresf(s)to be protected are stated below hure, D8fl a: State of Alaska AICoh®lac Beverage Control Board for a Llquo,... Page 25 of 169 AGENDA ITEM #9.A. Kodiak Island BoroughOffice of the Borough Clerk 7 10 Mill Bay Road Kodiak, .Masks 99615 Phone (907) 486®9310 Fax (907)486-9391 MEMO TO; Sud Cassidy®Managerd Shorts Finance Department Bill Roberts,Assessing Department 113111ilding Official Bob Pederson,Community Development Department Fire Marshall Bob`tucker®EnginearinglFacifitles Department FROM: Nova M.Javier®MMC,Borough Clerk Po DATE- December 8,2015 11 SUBJECT: liquor Licen Transfer of Ownership®KSI SP rite (Former Business turn-e–Before Transfer;Kalsin Bay Inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license Riiceliort for trar-sfer of o nehla and DB Name Cha for: Fr Tim Ucensa a #:622 License#a 52.2 License Type:Package Store License"type:package Mere D.B.A.:Kalsin Bay Inn D.B, ,:t«I Spirits Licensee/Applicant.Mayne La Sargent Licensee/Applicant:Wayne T.Sargent LocaHon:1633 E.pezanef Location-Mile 29,Chiniak Hiway Please sea the enclosed notice from ABS Board.per KIBC 5.01.03 (Al),please Indicate,with regard to your department,If the Borough has an interest which can be protected by protesting the approval of the transfer.please return the form below to the clerk's office by onda�e ce r 1�m 95a LJOIJOR UCENSE TRANSFER OF OWNERSHIP With regard to a—ALfer cation- Department,t rough has N Interest,which can be protected by testing the app transfer. Signature: Gate: +°er With regard to the Department,the Borough HAS an interest which can be protected by protesting the application for transfer,The interesi(s)to be protected are stated below: -��re: dale• State of Alaska AICA olio Beverage Control Board for a Liguo— Page 26 of 16 "GENDA ITEM N.A. ; 7m i �� ak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9310 Fax (907)486-9391 MEMO TO: Bud Cassidy,Manager Karl Short,Finance Department Bill Roberts,Ajawsaing Department Building Official Bob Pederson.Community Development Department Fire Marshall Bob Tucker,EngineeringlFaclilies Department FROM: Nova M.Javier,MMC.Borough Clerk DATE: December 8,2015 SUBJECT: Liquor License Transfer of ownership—KBI Spirits (Former Business Name—Before Transfer Kalstn Bay Inn) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownarshig and DBA Name Change for. License -622 License P.622 License Type:Package Store License Type:Package Store D.B.A.:Katsin Bay Inn D.B.A.:KBI Spirits Licensee/Applicant:Wayne L.Sargent L Applicant Wayne T.Sargent Location:1833 E.Re not Location:1633 Airport Road Please we the enclosed notice from ABC Board.Per KIBC 5.01.030(Al),please Indicate,with regard to your department,if the Borough has an Interest which can be protected by protesting the approval of the transfer.Please return the form below to the clerk's office by December 1 015. 1 LIQUOR LICENSE NSFER OF OWNERSHIP _ D With regard to the. --!'— Department,the Borough has NO Interest,which can be protected by protestin i' application for transfer. Signature: Date: j`, f " Departmentthe Borough HAS an Interest D With ma' to the , erosl which can he protected by protesting the application for transfer.The Interest(s)to be protected are stated below; � 5i inr�„atuir Data: State of Alaska Alcoholic Beverage Control Board for a !_iuo... Page 27 of 169 AGENDA ITEM O.A. 12/10/2016 01301 FAX QIID01111'001[m' 12 1012®15 12:15 9874969391 K18 t2.. • PAGE e1 Kodiak,wand Borough Office of the Boroughp Kodiak. Alaska 99615 Phone(907) -9310 Pax(907)486-9391 Dacsfter to,2ois Depammont of public SaWyI 10 Alaska Sisles 2921 A Min Bay Road Kodiak. i5 SUWEr-T= Uquor Licaroa Tranniarol Ownpromp,—KqI Spirits (Fommr Business Narne—Balers T sfer. e1nBayInn) The Alaska BeverageControl( has notified the K4ftk Island Borough of a liquor for r. t nsmsJ and DBA Name Changef,. ®Licenseir:1322 License :Padoge$l License Type.P St D-Bam A,: In y Inn . .:K91 Spirits UcensoolAppkant.Wayne La A t a T. a t LocaI , y atlan:l&X1 Airport Road PerMOC5-01-030 NOW 11c0n e End trunalor procedure(AZ). Upon receipt of notim Imm the Alco4olitransfer c Issuance Control Bowd of the IPt ce Intent to approvee new liquor license, a sh c the starmationle be,a e number fax your i u1 c to a info Ce tf ow T It 0M. Y N J r, BOrouah Ckffk LIQUOR UCENSE TRANSFER F OWNERSHIP MI�anl Mra NO trouble EUP043 fOr this place of business the last twgIft mmlhs, El T vara f [his place of businessIn the last twaW months, Please OxPWn below w t ldnd of troublewere fw@lv&d(fighting,under a ged om On laes, I TA y r at enforcement to visltnthe Este mem). n/ r is ,r Jr 1 at".. t 7" ,&L State f Alaska Alcoholicr r I Board for a Liquo... Page 28 of 169 AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 7 2076 ASSEMBLY REGULAR MEETING TITLE: State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. ORIGINAT Angela MacKenzie OR: FISCAL IMPACT: No FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: This application is for a liquor license transfer of ownership and dba name change permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796 . The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1.The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2.The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3.The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license;and 4.The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk.A transfer from one person to another of a liquor license,even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B.The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged,the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Note: Public hearing notices were mailed to 45 as referenced above. RECOMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 29 of 169 AGENDA ITEM O.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT ��r,�'I� JANUARY 7,2016 ASSEMBLY REGULAR MEETING r, License Transfer of Ownership and DBA Name Change permit for Island Grocers. LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers#1796. Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 30 of 169 AGENDA ITEM O.S. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (9017)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Manager Karl Short,Finance Department Bill Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob Tucker,EngineefinglFacilifies Department FROM: Nova M.Javier,MMC,Borough Clerk DATE: December 6,2015 SUBJECT: Liquor License Transfer of Ownership.-Island Grocers (Current Business Name-Before Transfer AC Express/Bells Flats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership and DBA Name Change for- From: To, License 1796 License 1796 License Type:Package Store License Type:Package Store D.B.A.:A.C. press Its Flats D.B.A.:Island Grocers Licensee/Applicant:Island Grocers,LLC Licensee/Applicant:The North est Company Location:11012 Rezanof or West Location:11012 Rezanof or West Please see the enclosed notice from ABC Board. Per KIBC 5.01.030(Al), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer.Please return the form below to the clerk's office by MondayDocomber 14 2015, LIQUOR LICENSE TRANSFER SI w With regard to the Department,the Borough has NO Interest,which can be protected by protesting the application for transfer. Signature: Date: v With regard to the Department,the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: -Signature: Date, State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 31 of 169 AGENDA ITEM #9.B. or TD-61";.STATE,,, Department oricommerce, Community, and Economic Development "ALASKA A�CO�10,',.�Cnll�'VERACj[".CONTRM 110,AH11) ........................................................... G50VERNOR I.I.WALKER 5WWj'11AVL1'vjL1 Sle 0) A liosLa 99��O i 91�7249 U3M i�'65 5,07 1 No I 824415 Kochak Idand Borough Aatn-. Novajavicr,Borough Cliark VIA Erna& nh5��uN ��-ik Island Grocers LLQ Pacluge Sauce—License#V96 DBA Island Gracers 12 New Application X Trartarer of Ownership 13 TtiansfarorLocafion 0 Restaurant Designation Permit X DBA Name Change %Vc have received air application for the above listiad licenses(see aRtarhed application docturients)widan your juristficdon. This is the nonce as required under AS 04.1 Additional inronradon concernrng follinga"protest"by a local goveming body under AS 04,11480 3%included ut du.%lcifcir. A local governing body as defined under AS 04-21.0 (H 1)may protest the approval of an application(s) pursuant w AS 04�l 4.480 by Furrushing the board and the Rpphcaw%vith a clear-and connse wrtucin Ira piroicsilits tiled"ohe board wall not approve the applicartain unless mr finds that the para lest is"arbitrary,capricious and unim. sonmble'. Instead,in ncoardancewhuh AS04,1 1,510(b),the board will noury dtia applicant diat the app hc2non a denicd for Teawns stated in the pmaem The applicant is citudod to ain informal conference with adscr the director or die board arid,if not sansfied by the inrormal cartrerence,Es crindrd to a formal hearing an accordance with AS 44,62,330-44.62.630,IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTESM Under AS 04 I1A20(a),the board may not issue a license or pertivit for Ip arm an a aims nicipahity whare a zoning ircgulation or ordinance prohibits the sale at consumption of alcoholic beverages,unk-ss a vanancc of the rep gukdon or ordinance has br..mn approved. Under AS 04.1 t w420(b)municip;aliuu5 must,gn riorm the board of zoning regulations air ordinances which prohibit the sale or consumption of alcoholic bcvcngcs. I r a irnunscap2l voning regulo uon or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed prenra5cs and no variance of the regulation or cadirintnce has becin approved,please notify us and provide a ceirtificd copy or the regulation or or&=cc if you have not Igueewaouusly done so, Protest under AS 04�l 1,480 aurid the pfohibidon or sale or ronsumpuort of alcoholic bevenscs as required by zoning rcgulmion or ordmance under AS 04 11.4720(a)are two sepante and disuncg subjects.Please bear that in ritind in resimading W dui notice. 9Q Jo 6e, 0%" IUMA40C 1, X* VIM ............. State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 32 of 169 AGENDA ITEM O.S. Page 2 A Ilocal gaverning body is dr fined under AS 0.4.2#,080(11)nay pingeq Cdtc npprrivad of at,app6cauan(s) puirsuant to AS 04.11.480 lby Furnishing die bonvd and die applicant mth A clear and conasc writrej,statement a[ rual"M in supp",11 of a pro,",umlm 611 d2p,olnuxi,,of rims node', 11 aprotest is Med,the board wwwnot approve the Whcaaon winless it finds that the protest is"tirbarary,capricious 2nd unircasoriabk". Instead,an acrarcisnce undo AS alma boaxd will ncu4dic appkarn that die app6cadon is denied(or masons waacd in dw protest. 'Me apphcant as criuded to=tinfoirmal conference with cadier the dimclor or the board and,if not sAusfied by the informal conkrence,a enudcd to a formal IEteann ita accordatim with AS 44.62.33044,62-630.IF THE APPLMANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR U"ERTAKE THE DEFENSE OF iTs PRoTur. Under AS 04 11 420(a),the board may not issuc I dsccnsc Or Pecault for Pre-scs in a mulamrapArry whae 3 woamng rq"Alidnn or ordinance prohibits the Salle at cowumption of alcohrilic bevexiges,anle5s a w.2"Ralce of dic ireg,ullauontar hard iim%i[icrlt2r,bccni,pproved, Under AS04.l#,4.V(b)mu"HOPIlitics must infiarm die bo2rd ofzonang regulalutins Of 0"firionces which limhabir the Wc or consurnprion of akohohr beverages, if a imauawaipM-xunang regubtion at ardiwaice prohibus%he sale or consumption of akohisfic licrcrages at disc proposed pirrmses And no 16-11"ance of the ircgu6noos or ordinance ha%been approved,pk2sa nuaiay us and provide a cartified copy of ahc woulauoin or ordinance of you have nor ptcv=my done so. Prowst under AS 04..11.4&l0 and the prohibition of sale or consumption afalcohok 1xverages as rcqwired by zoning argulation or oedin2fice under AS 04A 1.420(a)are two separacand distina wb;ccu!%.Please Tkar that In and Ian resporutna to flus 0106ce. AS 0421.0101,4),irRpIplicable,equEffes alts 0-20PARY to prortdc%vntwcn no6ce to the tipproprzaae coarmunity couned(s), dyou wish an Protest the application referenced above,plesse do so in the prescrilbed gnanner and vathut die prescrab4tit ne. Ream%how proof of scirvice upon the 21ppheant.ror adckaninal hariornration ple2so weer to 3.AU%C 304 14%Local G-overnang Body Prooem.. Note:AppticationsappW for under AS&L 1 1,400(g),3 AAC 304,335(a)(3),AS 04A 1 Mo(c), and 3 AA C 304A60(c)intast be approved by die goveming body. Sinccr* Chnsuna TInbodcaux Btruniris ReLpstradon Ex.mminer chn 9107-75.4-3588 State of Alaska Alcoholic Beverage Control Board for a Liquo..... Page 33 of 169 AGENDA ITEM #9.B. State of Alaska Alcoholic Beve Control Board Mile of Nou=Niaven,hibcT 18,2015 ApIlAkrailioiri TM c� --X—TRANSFE-:R --K—Ownctship _--i-ocaucin %I—N2mc Change Goviolvang Body 14,10id1ak Island Borough 0.,WundlIsr NCRIL Uceirur a 17196 UCU1115C Tnm Vackqn,Store EXBA!� hdand Grocurs UCIETISCIVI A ppll ialui v IsIland Grocers,LIZ ftysk.%iill 1,4maulow I IIii0 2 Rezanof Dr West,Kadi2k,AK 99615 Mailing xkiddrvsv, PC)Box 211015,Anchorage,AK 99521 TC."11C,,phW11c a %7-942-2077 907-512-0707 E..I N 17-1935293 L,L C D r 1) C'Ar,;,,",,,,.,., ...... ............. o �� n c....................... ba'ie- ......... and State of Good .......................................... / , 4r;c i n I .................................... .9n ln!a!i _5 nd', ..!� sland,Girocors,U-C PO Box 211015 907-942-2077 08/31/200 Yes A,!S.,99521 907-512-0707 Alaska aolease notc:the Mem beq/0ffccrs1&xctarx15hsmha1den Ozoincipm1s)hired bdo w am the pda dpal memben. Them mar be sda6fdonalmemban;that we am nota of erose thel amnorpaimw Mem.bea. Web old a t Jas!t 100A shotes. W&C"ii0ifficer/Director DOD �hono � Title/Sh rc� .................................................................................................... hhchadjams 01,130/1963 2401 ChnnLL-alar Dr 907,333.3911 50'., ................................................................................... ............... vorge L.Gaucrjr ()511'7/1969 13155imconoff 907-512-0707 SCr Kodk1k,AK 19191613 .......................................................................... ........................................................................................................ — . . . . . . . . I. . .. . . . . . .j.............................--L.............................. If transfer apphcafion�current hiccrtwinfori-ninon- ficense,#,1°9''96 Cutreni D,B,A,,:iW Expreas/Bells Eats Curren;Dir,cinsive:'nit North Wev Conipany Inc. Current I Gciuoiry 11012 Rez,ainaf l.I)r Wen Kodiak,A K 19961!.5 Additional contrnenw. State of Alaska AlCoholic Beverage Control Board for a Liquo... Page 34 of 169 AGENDA ITEM #9.B. AS 041L.1010i(d),if applicaltle,requims Ific muniapabiry to prioya,Je%vitmilen Inciacir,to iffic approp"W"I'r, rolmr1IMUIVIR),cictuillicid(s) l[f)-im wish Ito proiticsil the,appLeaulan rr.Fercinced above,palm;tu do so ui flac presiciribr.,d uruauraunen raand widifin thir:pmsciflycid tarn c, Please 8111mv pmroirservicia upoin ditir appimaim,FDr addituinal itivIn pi[r.mc irek!r itia 3 AKC 2*4.1451,ixcal iGovicrump,Body Flaxest,, Noim:s Applumuons j1ppLird fo:r under AS 0411 4100(&�,3 A.AC 3154 335(A);3),AS 0- I I and.1 A kC3104,6i(AO(c�,I lbir approvird by iffic,gosvzming body, Suncerck, ,Christin,a 70WwaV. (9V7)754-35W8 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 35 of 169 AGENDA IT #9.B. 111"t,dun ifi 11:1 1 4:� ...................................... ............................ .......... .............. OR Smstmoil List D1'0jjX1a1W11, FELS 4411 DIRMA a WN t1ull T, 111 fl,4 I I ItO .................. . ....... ............ Rd Old 15 Al 1 i.............................. III WN!114 jlI 22 11 g4 ItQUA,mi�kl,qi!Ruuiz plmm,;I� I ml:PruTUYI' tj 'huvA4,11111, 1 rIII i MOV 0,A6 t ............................. ...................... it K Ohl FRIMI 11 IRMA IWN 111111,rx El ft, V„tal I::I nk flitc% m, NMMA, uz 1 wavi Rzbw�Ull r hqP 1,4ti 11 H:J AN 01"GO 4, pi—,h Alk 0 t,i W M��V� a 0 nj AAA 01%4 U An,to I:....IUk,lll�j jw,m'.man k�iilni" MIA�11 I&wmAmO,&Wh nl,�mm,mL%x4Ihwo V,li�k4d;W.?¢Y 4%at SM 'F5 I I - ''Mm"m 11111111111111�mm, "Eit'llovC,11:111MI:MININ ITII IMI K VMrb ............. 1. ...................... ........... MOV 7 1 Im!•K, r 11) 1:1A q rly 1%�1,t4�I j�I��zd 1!I=gtp Utt, 11!3 �rr s I, il I I R 5= .......... ........... ��t n�U I t�o r�::11 114!!!1 A-�dw,g I A I it A, t, -q, II . ......... C1 �1,wdgi— lo ..................................... l......................................................................................... ansf'�t A PJA ww ilit" State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 36 of 169 AGENDA ITEM #9.B. .. .. ......... ...................................... ................................................................................. ...................-.............. ..............................................................I'll,...................... 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Kodiak Island Borough Office r Clerk 710 Miff Bay Road Kodiak,Alaska 99615 Phone ( 07)486-9310 F x( 7)486-9391 clerkstkodiakak.us 1 www.kodiakak.us PUBLICNOTICE OF public hearing will be held on Thu day.January L 2016,and the meeting will begun at T30, .m. in the Borough Assembly Chambers, 710 Mill Bay Road,Kodiak„Alaska before the Kodiak Island Borough Assembly to hear comments on Slate of Alaska Alcoholic Beverage Control Board liquor license application or intent to approve the transfer of ownership or issuance of a new liquor license, ........ ....... ... .. ............... _--- FRbM: License : 1796 License Type: Package Store D,8 A.: A.C.Express ells Flats Li ns lAppli nt: Island Grocers,LLC Lo tion; 11012 Rezanof Cr West Kodiak,AK 99615 _,_. ..._ ... . ...._. ....... .... _w... .... TO: License m 1796 License Type': Package Store .B. .: Island Grocers LicenseelApplicariL The Nort West Company Lo tion: 11012 Rezanof Or West Kodiak,AK 99615 Per Kodiak Island Borough Code 5,01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you da not wish to testify verbally, you may provide comments favoring or opposing in the space belowplease email your comments to clerks kodiakak.us,fax to(907)486-9391, mail or hand deliver to the Office of the Borough Clerk at 710 Mill Bay Rd.,Kodiak,AK 99615 by 1 noon on Thursday, January 7, 2016. If you have any questions, please call us at(907)48 - 9310. Name: Mailing Address: Comments,' State laska Alcoholic BeV r o trot Board for a LI o... Page 40 of 169 0) 0 _ first name last name Mail line MaI LInel Mail City Mail State Mail_2EP JOHN Ee B 5 ROx 1199 _ KODIAK AK 99615 )URAL BRYANT 7110 E 4TH AVE ANCHORAGE AK 99504 JOSEPH BURKETTETAL PO BOX 2321 KODIAK AK 99fils BRYON CAIN 11410 S.RUSSIAN KRK RD KODIAK AK 49615 to W MARK CHANDLER 240 RHODODENDRON DRIVE FLORENCE EBR 97439 0 BASON CHANDLER ETAL 569 LETA STREET KODIAK AX 99615 0 MICHAEL E COLE PO BOK 2499 KODIAK AK 99615 LEROY COSSETTE ETAL 48a7 W MILL RIVER CT COEUR D ALENE 10 B3914 STEVEN L DEHART 2233 THREE SISTERS DR KODIAK All 99615 C DOUGLAS DEPLAZES ETAL PO BOX 2923 KODIAK AK 99615 2) DHR KODIAK PROPERTIES INC 6431 RIVERSIDE DR, REDDINO CA 96001 EL ANDREW EDGERLY RD Box 1907 KODIAK AK 99615 ELIZABETH F INC P O BOX 1275 KODIAK AK 99615 RONALD ELLER 11572 5 RUSSIAN CREEK ROAD KODIAK AK 99615 LARRY EVANSITAL 11410 S.RUSSIAN CREEK RD KGOIAK AK 99615 ANDREW FINKE ETAL 522 LETA ST KODIAK AK 99615 CB LOCKE FINLEY ED BOx 6649 KODIAK AY 99615 ROBERT GUNDERSON ED BO% KODIAK AK99615 ROBERT OUSTAFSON 11322 S.RUSSIAN CREEK RD. KODIAK AK 99615 KRI TEE HARDERETAL PO BOX 136 HAINES AK 99327 KENT HELLASSO ETAL PO BOX 319 KOWAK AK 99fils DOUGLAS HOEOEL 2711 SORBUS WAY ANCHORAGE AK 99509 CY HOEN ETAL 11206 RUSSIAN CREEK ROAD KODIAK AK 99615 DOUGLAS HOOEN 3049 SPRUCE CAPE RD KODIAK AK 99615 WrL SEAFOODS OF ALASKA PD 6Dx 2997 KODIAK Ass 99615 KATYAANN€ JOHNSON 113305.RUSSIAN CREEK RD KODIAK AK 99615 CHANDLER JOHNSON 113305.RUSSIAN CREEK RD.. KODIAK AX 99615 KEITH JOHNSON ETAL 710112 5 RUSSIAN CREEK.RD KODIAK AK 99615 K LIVESTOCK CO-OP P 3Ox 27.3 KODIAK AK 99615 SILVIA KAVANAUGH 719 COTTONWOOD CIRCLE KODIAK AK 99615 KOHIAG INC 4300 BSTREE'T SUITE 444 ANCHORAGE AK 99503 -q SCOTT KRANTZ 11210 BELLS FLATS ROAD KODIAK AK 99615 DANE LARSEN PO ROK 29 KODIAK AK 99615 Go ErB KAREN MILLSTEIN S23 LETA ST KODIAK AK 99615 NORTH PACIFIC SEAFOODS ONE. 4 NKXERSON STREET SLIME 400 SEATTLE WA 98109 MICHAEL OTTO 691 COTTONWOOD CIRCLE KODIAK AK 99619 MICHAEL OTTO 11918 GARA OR KODIAK AK 99615 STEVEN PENN PCI BOX 249 KODIAK AK 99615 RI ARIBA PILLARS 11276 BELLS FLATS ROAD KODIAK AK 99615 th LAMES RIPPEY P®B®%2039 KODIAK AK 99615.1838 0 JEFFREY TREK€RY P®Box 1681 KODIAK AK 99515 STEVEN VARGO 11233 S RUSSIAN CREEK RD KODIAK AK 99615 0 JEFF WELCH RD Bo%2316 KODIAK AK 99615 PAUL YATSIK P.O.B®x 9026 KODIAK AK 99615 CB KELLY L YOUNG Po Box 996 KO0tAK AK 99615 ID ni ,In AGENDA ITEM N.B. Kodiak Island Boroughfico of the arm u Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907)486-9310 Fax (907)486-9391, E 0 TO:/Bud Cassidy,Manager Karl short,Finance Department Bill Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob"tacker, ineerin Facilii€es Department F ova M.Javier,MMC,Borough dark DATE: December 8,2015 SUBJECT- Liq or License Transfer of ownership m island Grocers (Current Business Name m Before Transfer AC Express/Balls Flats) The Alaska Beverage Control (ABC) Board hes notified ft Kodiak Island Borough of a liquor license application for)fd; ( r of rear h and DBA Name Change for: To: License#„1796 License#m 170E Ucens,rro e:Package Store License"type:Package Store D.B.A., .Ce pre Ifs Flats D.B.A.:island Grocers Licens p li t®Island Grocers,LLC Licensee/Applicant:The Nord est Company Location.11012 Flazanof Dr West Location:11012 Razanot Dr West Please see the enclosed notice from ABC Board.Per KIBC 5.01.030(A1)®ploane Indicate,with regard to your department, If the Borough has an interest which can be protected y protesting the approval of the transfer.please return the form below to the clerk's office by Mgitida a r 1 X07 LIQUOR LICENSE F F OWNERSHIP With regard to theDepartment,the Borough has NO interest,which can be j protected by protesting the a ficatlon for transfer. ell Signature: , 11 �. Ctalaa With regard to the Department,the Borough HAS an interest which can be protected by protesting the application for transfer.The Interest(s)to be protected are slated below I i lure LEata: �, „�,,,� oris.%i�m,. . ��ro✓xmwm ruaaina�,.,,,� .,, w�,.»,»„ . y. rwrwwwriwa « rvrramr�e State of Alaska AlCoholic Beverage Control Board for a Liquo... Page 43 of 169 AGENDA ITEM O.B. rKodiak Island Borough Office of the Borough Clerk � u W1. 710 Mill Bay Road y Kodiak, Alaska 99615 Phone(907)486-9310 Fax (907)486-9391 MEMO TO.Aud Cassidy®Manager Karl Shaul, Finance Department ill Roberts,Assessing Department BuildingOfficial Bob Pederson,Community Development Department Fire Marshall Bob Tucker,En ineering/Factillies Department FROM, Nova M.Javier®MMC,Borough Clark DATE: December 8,2015 SUBJECT. Liquor License Transfer of Ownership m Is and Grocers (Current Business Name®Before Transfer AC Express/BellsFlats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license plicati0n for flr pj1gr of Ownership and DBA Name Change for: Fr -rc® License 41.,1796 License Na 1795 License Type:Package Stere License Type Package Store DM. .m A.C.Express/Balls.Flats D.B.A.:Island Grocers Lien eetA leant:Island Grocers.LLC Licensee/ pp4canta The NorthWast Company Location:11012 Razanuf or West Location:11012 Razancl OrWast Please see the enclosed notice from ABC Board, per KIBC 5.01.030(All).please indicate,with reg.rd to your department.it the Borough has an Interest which can be protected by protesting the approval of Ohs transfer,please return the forrn below to the clerk's office b fldpy, rrr 11 p_ 0 5® LIQUOR LICENSE TRANSFERIP YWith regard to the �,„ . a erne the Bo u h h Inter t, ich rgbe protected y protes atton for transfer. Signature With regard to the Departme0t,the Borough HAS are Interest which can be protected by protesting the application for transfer.The Inlerest(s)to be protected are stated below; nature° pate. . -arnre�rrwwrraomm�meum awvNniraenmmrrrne�vo�arnrr.. .. ,mm, „ ..mom . State of Mask.Alcoholic Beverage Control Bard for a Liquo... Page 44 of 169 AGENDA ITEM O.B. lrKodiak Island Borough fico of the Borough Clerk 710 Dill Bay Road I, Kodiak,,Alaska 99615 Phone (907)486-9310 Fax (907)486-9391 MEMO TO. Cassidy,Manager Karl Short,Finance Department AlitRoberts, inDepartment BuildingOfficial Pederson,Community Development Department Fire Marshall Bob Tucker,Engineering/Facilities Department F ova M.Javier,MMC,Borough Clerk DATE, December a,2015 SUBJECTt Liquor License Transfer at Ownership-Island Grocers (Current Business Name®Before Transfer ASC Express/Bess Flats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ars-hlip ars-hland D13A Name Change for: Fro s License W 1796 License :1796 License Type;Package Store License Type:Package Stere D.B.A.:A.C. Express/Balls Flats D.B.A.:Island Grocers 'ce eels t rat:Island Grocers,LLC Lic seely II nt:The NorthWast Company Location.11012 Rezanof or West Location:11012 Pa not Or West Please sae the enclosed notice from ABC Board.Per KI SO&01 Z30(Al)®please Indicate.with regard t your department,If the Borough has an Interest which can be protected by protestingthe approval of the transfer.Please raluEn the forts below to the clarks office b onciaY� a r 1 2iai ® LIQUORLICENSE TRANSFER OWNERSHIP • With reg.rd to the //?Y 4 � � �apartment,the Borough has NO Interest,which can be protected by rotting a application f transfer. Signature® ata: it® • With regard to the Department,the Borough HAS an interest which can be protected by protesting the application for transfer.The interests)to be protected are stated below: I rralu, ao Colo.- State l Alcoholic Beverage Control Board for a Liquo... Page 45 of 169 AGENDA ITEM O.B. Kodiak Island Borough Office of the Borotigh Clerk 'w 710 ill Bad Road Kodiak, Alaska 99615 Phone (907)486-9310 Fax (907) 486-9391 MEMO TO: Sud Cay .Idy,manager Karl Short,Finance Department Sill Roberts,Assessing Department Building Official bb Pederson,Community Development Department Fire Marshall Rab Tucker,EngineedrtglFacilitlas Department FROM- Nova M.Javier,MMC,Borough Clark DATE-. December 5,2015 SUBJECT: Liquor License Transfer cf Ownership—Island Grocers (Current Business Name—Before Transfer:AC Express/Sells Fiats) The Alaska Beverage Control (AB ) Board has notified the Kc4ak Island Borough of a liquor license application for ransf ��and DEA tame Change for: Fro- To. License R,1755 License :1755 License Type:Package Store License Type.Packages Stare D,S,A.:A.C.ExpressiBells Flats 13B.A:Island Grocers Licensee/Applicani:Wand Grocers,LLC LicenseulApplicarx.,The h odh est Company Location:11012 Razanof Or West Location;11012 Rezanef or West Please see the enclosed notice from ABC Board. Per MSC 5.01.030(A1),please Indicate,with regard to your depadmenl,H the Borough has an Interest which can be protected by protesting the approval of the lransfer.Please return the tarn below to the clerk's office by nnda�, cent r 140 015e LIQUOR LICENSE TRANSFER OF OWNERSHIP With regard to the C Department,the Borough has N Interest,which can be prelect by prt�l ti the plicalinrt fo�Iransfe�r. , Signature. 1& ith regard to the Department,the Borough HAS ars Interest which can be protected by protesting the application for transfer.The Interest(e)to be protected are stated below: SI nature: Crate: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 46 of 169 AGENDA ITEM O.B. Kodiak Island Boroughlei° Office of theBorough Clerk 710 Mill Bay Road Alaska 99615 Phone (9£17)486-9310 Fax (907)486-9391 MEMO TO, Bud Cassidy, ana er /Karl Short,Finance Department AI Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob Tucker,Engineering/Facilities Department Nova M.Javier,MMC,Borough Clerk DATE. Decembera,2015 SUBJECT. Liquor License Transfer of ownership—Island Grocers (Current Business Name-Before Transfer AC Express/Sells ats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor licence application for transfer of ownoMN2 and DBA Name Change for: P "rte° License :1795 License :1796 License Type-Package Store License Type-Paage Store 17, .A.e A.C.Exprossffialls FlatsD.B.A.:Island Grocers Licensee/A ti art:Island rocers,LLC LicensaelApplicenh The NorthWast Company Location.,11012 Rozanof or WestLocation-11012 Rezanof or West Please see the enclosed notice from ABC Board.Per KIBC 5,01.030(Al),please indicate®with regard to your department,It the Borough has an Interest which can be protected by protestingthe approval of the transferor Please return the form below to the clerit's office by ca3 r 1� 2 LIQUOR IC TRANSFER OF OWNERSHIP it regard tc the 'n _ P"z _Department,the Borough has NO interest,which can be protected by protesting thea plication for transfer. Signature-. ate: 1 ll( With regard to the ........ Department,the Borough HASan interest which can be protected rotestin the application for transfer®The Inter l(s)to be protected are stated below® _§!Unature.- State of Alaskaolio Beverage Controlr a Liquo... Page 47 of 169 O.B.AGENDA ITEM Kodiak Island Borough Office of the Borough Clerk710 Mill Bay Road off' Kodiak, Alaska 99615 � Phone (9017) 486-931 Fax (907) 486-9391 MEMO TO: Bud Cassidy,Manager d Short.Finance Department 811I Roberts,Assessing Department rd Official Bob Pederson,Corr munity Development Departmen Fire Marshall Bob Tucker,EngineeringfFacilitlns Department FROM: Nova M.Javier®MMC.Borough Clerk DATE: December 8,2015 SUBJECT: Liquor Lkense Transfer of Ownership—Island Grocem (Current Business Dame--Before Transfer:AC press/Bells Flats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a lkluor license application for transfer of oarrnership and DBA Name Change for; Fri i-- License N:1795 License#.1796 License Type-Package Stare License Typee package Store D.B.A..A.C.Express/Bels Flats D.B.A.:Island Gracers Licensee/Applicant:Island Grocers.LLC Licensee/A IicanC The NorthWest Company Location.110112 Re not or West Locallam 11012 Ra not Dr West Please see the enclosed notice troth ABS Board.Per KIRC 5a01.030(Al),please Indicate,with regard to your department,If the Borough has an interest which can be protected by protesting the approval of the transfer.please return the term below to the clerks office by da f7ece r 1# 201 m LIQUOR LICENSE TRANSFER OF OWNERSHIP 1With regard to theDepartment,the Borough has NO interest,which care be protected by protesting than a ;tion for transfer, Signature: _ ------------- Date: 7 With regard to the Department,the Borough HAS an interest which can be protected by protesting the application for transfer.The Interest(s)to be protected are stated below. Si nature: Ctatea State ofAlask I oholi overage Control Board for a Liquo... Fuge 48 of 169 AGENDA ITEM O.B. Kodiak sl Borough Office of the Borough Clerk r a 710 Mill Bay Road Kodiak,Alaska 99615 A' .,w Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Manager Karl Short,Finance Department Bill Roberts,Assessing Department Building Official Bob Pederson,Community Development Department Fire Marshall Bob Tucker,EngineeringlFacll' Department FROM- Nova M.Javier,MMC,Borough Clerk DATE: December 8,2015 SUBJECT: Liquor License Transfer of Ownership—Island Grocers (Current Business Name—Before Transfer,AC ExpressfBells Flats) The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor Dense application for Iransfe_r_af.owner_shio and DBA Name Change for, License#7 1798 License#:1798 License Type:Package Store License Type:Package Store D.B,X.,A.C.Exp ells Flats D.B.A. Island Grocers Licensee/Applicant Island Grocers,LLC Licensee/Applicant The NorthWest Company Location:11012 Rezanof Dr West Location 11012 Rezanof Dr West Please see the enclosed notice from ABC Board.Per KIBC 5-01-030(A1)„ please indicate,with regard to your department,if the Borough has an interest which can be protected by protesting the approval of the transfer„Please return the form below to the clerk"s office by Monday.December 14 2015. LIQUOR LICENSE TRANSFER OF OWNERSHIP With regard to theill Department,the Borough has NO interest,which can be protected by prate ling t' pplication for transfer. o° Signature Date;V`.2 - With regar to the Department,the Borough HAS an Interest which can be protected by protesting the ppllcation for transfer,The Interest(s)to be protected are Mated below: W. ... ......... --- L--- State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 49 of 169 AGENDA ITEM W.B. IZJ'1012015 oz,,°os FAX aooz.saoz 12/00/2015 13:53 9074069391 KIB CL93aM PME 01 Kodiak Island Borough Offire of the Borough Ckrk rr' 710 11I Bay Road Kodiak,Alaska 9961.5 Phone(907) - )486-9391 December 0,2015 Department Pubic SE VIA EAKRES810 Alaska State Troopers 2921 A Ran Say Road Kodak AK 1 SUBJECT. LiquorUcanse T nota ( n -BWom Transfer AC ExprossiBeft Flats) The Alaska Beverage control( )Board has notified the Kodiaklaland Boroughof a liquor ficense application for and DBA Name Change for Elm : License ll:1796 Lkense 1796 Ucensa Type.PackoW Moree Type.Package D.B.A.:A.C.Express0afts Flab D.B.A.:Island Grocers Island Grocers,LLC Llc L The NodhWast Company Location:11012 e I Of West Location:11012 Rf Or West Per KIBC 6.011.11M Now license and transfer procedure(A2). Upw receipt of notice fnom the Alcoholic ® t of a boar receipt of an application or Intent to approve the transfer or Issuance of a now liquor Iluonse. the e ll chack with the state troopers an the number of troublereports at Up piece of buolness.Please complete file blormallon below and tax your response to r 9 8. pnk u, &M-1,4'r Somml,Clark LIQUOR UCENSE TRANSFER OF OWNERSHIP E3 There were NO trouble reports for thle place of buziness In the lag twelve months. 1211hers were_.jM of table reports for Oft placeIn a montim. Please x aln below what kind of boublo reporls were received ,under aged driniting,minors an es, lack of TAM caMs, wxYor any other calls that required law onlorcoment to vhit ft Ishme 1 _ I a ftdiV Agr A41 re.ce. r e tis ,o _ —,wises ®® Sluns : _ State I s Alcoholic r Control Board for a Liquo... Page 50 of 169 AGENDA ITEM O.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT a JANUARY 7.2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1,Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial(P&Z Case No. 16-003). ORIGINAT Jack Maker OR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: This request is to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial.A comprehensive Plan amendment is a necessary prerequisite to rezone the subject lot from C-Conservation to I- Industrial. If the Future Land Use designation is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and a subsequent rezone approved,the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on this amendment request at their November 18, 2015 regular meeting.The Commission voted unanimously to recommend that the Assembly approve the amendment. The Clerk's Office sent out 5 public hearing notices on Friday, December 18 and any copies that will be returned will be attached to the packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-10. Kodiak Island Borough Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 51 of 169 AGENDA ITEM . Introduced by: Borough Manager Requested by7 P&Z ComrNsston I drafted by- CDC)Staff 2 Introduced: 121172615 3 Public Hearing: 011072016 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY II CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1, 12 SAWMILL SUBDIVISION FROM OPEN SPACEIRECREATION TO 13 INDUSTRIALILIGHT INDUSTRIAL(PBZ CASE NO.16-003) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises 16 planning, platting, and land use regulations on an area wide basis pursuant to Chapter 17 29.40 Alaska Statutes;and 18 19 WHEREAS, in accordance with AS 29.40,the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6,2007(Ordinance No.FY2008-10)to replace 21 the 1968 Comprehensive Plan;and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In 24 accordance with AS 29 40 to Implement the Kodiak Island Borough Comprehensive Plan; 25 and 26 27 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 28 convenience, general welfare or good zoning practice requires, the assembly may, by 29 ordinance and after report thereon by the commission and public hearing as required by 30 law, amend, supplement, modify, repeal or otherwise change these regulations and the 31 boundaries of the districts;"and 32 33 WHEREAS, the Planning and Zoning Commission received a request to amend the 34 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 1,Sawmill 35 Subdivision;and 36 37 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 38 Code 17.205.D40, the Commission considered the merits of the Comprehensive Plan 39 amendment request;and 40 41 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 42 Comprehensive Plan Future Land Use Designation of this lot be changed finding that the 43 public necessity, convenience, general welfare, and good zoning practice would be 44 enhanced by such action;and 45 46 WHEREAS, the Commission hereby recommends that this amendment request be 47 reviewed and approved by the Borough Assembly. 48 49 Kodiak Island Borough,Alaska Ordinance No.FY2016-10 Pagel of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 52 of 169 AGENDA ITEM O.C. 50 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 51 BOROUGH that: 52 53 Section 1: This ordinance Is not of a general and permanent nature and shall not 54 become a part of the Kodiak Island Borough Code of Ordinances;and 55 56 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1, 57 Sawmill Subdivision is hereby changed from Open Space/Recreation to 58 Industrial/Light Industrial. 59 60 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 61 Commission are confirmed as follows: 62 63 1. The amendment will recognize long standing industrial uses on this site. 64 65 2. The lot is of sufficient area and provides suitable building sites for industrial use. 66 67 3. The lot is adjacent to I-Industrial zoned land and uses. 68 69 4 Adequate buffers between this lot and nearby residential development are 70 established by ordinance and plat restrictions, 71 72 5. The lot appears to be capable of accommodating the full range of Industrial uses 73 without negatively impacting the surrounding area. The I-Industrial zoning 74 performance standards(KIBC 17.105.060)should further ensure that there are no 75 negative impacts with future industrial development. 76 77 6. The amendment is consistent with various objectives of the adopted 2008 78 Comprehensive Plan and will facilitate a rezone that will further implement those 79 objectives. 80 81 7. The Planning and Zoning Commission recommends that the Borough Assembly 82 approve this Comprehensive Plan amendment. 83 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2016 86 87 KODIAK ISLAND BOROUGH 88 89 90 91 ATTEST: Jerrol Friend,Borough Mayor 92 93 94 95 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough Alaska Ordinance No.FY2016-10 Page 2 of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 53 of 169 AGENDA ITEM O.C. Kodiak Island Borough Draft Planning &Zoning Commission Minutes Applicable to Case No. 16-003 November 18,2015630 m in the Assem Chambers CALL TO ORDER VICE CHAIR BALDWIN called to order the November 18,2015 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR BALDWIN led the pledge of allegiance. ROLL CALL Requested to be excused are Scott Arndt due to a family emergency. Commissioners present were Jay Baldwin,Alan Schmitt,Maria Painter,and Greg Spalinger. Excused was Scott Arndt.Absent was Kathy Drabek(submitted resignation 11/13/2015). A quorum was established Community Development Department staff present was Director Pederson,Jack Maker,and Shelia Smith. COMMISSIONER SCHMITT MOVED to excuse Scott Arndt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the November 18, 2015 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY PUBLIC HEARINGS C) Case 16-003 (postponed from the October 21, 2015 regular meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision, from Open Space/Recreation to IndustriallLight Industrial (KIBC 17.205).The applicant Is Surf and Turf,LLC and the agent Is Doreece Mulch.The location Is 1667 East Monashka Say Road and the zoning Is C-Conservation. Maker stated this is a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial. This is a necessary prerequisite to rezone the subject lot from C-Conservation to I-Industrial.If the Future Land Use designation is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan.Should the Comprehensive Plan be amended and a subsequent rezone approved,the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. Five public hearing notices were mailed on September 10, 2015. One public hearing notice opposing the amendment was returned. Staff has determined that the amendment request is consistent with the objectives of the adopted Comprehensive Plan and meets the requirements of Title 17 of the Borough Code for amendments and changes. Staff recommends that the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 1 of 2 Ordinance No. PY2016-10 Amending the 2008 Comprehensive Plan... Page 54 of 169 AGENDA ITEM O.C. Lot 1, Sawmill Subdivision from Open SpacelRecreation to Industrial/Light Industrial and to adopt the findings of fact listed in the staff report entered Into the record for this case as 'Findings of Fact"for Case No.16-003. COMMISSIONER PAINTER slated the Case is 16-003 but the staff report motion says 16-002 so she corrected the motion to say Case 16-003. Close regular meeting&open public hearing: None Close public hearing&open regular meeting: Discussion on this site abutting industrial land and being compatible with existing land uses, findings of fad covering it well,being the right size with adequate buffers.There was consensus to grant approval. FINDINGS OF FACT(KIBC 17.205.020.A-C) 1. The amendment will recognize long standing industrial uses on this site. 2. The lot Is of sufficient area and provides suitable building sites for industrial use, 3. The lot is adjacent to I-Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I-Industrial zoning performance standards (KIBC 17.105 060) should further ensure that there are no negative impacts with future industrial development. 6. The amendment is consistent with various objectives of the adopted 2008 Comprehensive Plan and will facilitate a rezone that will further implement those objectives. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve [his Comprehensive Plan amendment. ROLL CALL VOTE ON M07ION CARRIED UNANIMOUSLY 11/18/2015 Planning and Zoning Comm[ssion Regular Meeting Minutes Page 2 of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 55 of 169 AGENDA ITEM #9.C. PUBUIC VEA RING OTEM F-C R&Z REGULAR ME.EMGV NOVEMBER 98„2015 Future Land Use Map I IRS G/ „r JAI, �R a Yrl!Iw ................. 00, �� -®-m�®- 20b8 Comp Plan "i7lll'l��"III"'Im°ouuitl IV VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVVVVV �I�VVllm !l / Proposed u,uMe o,i10 rwa 1111m PTU ,..,,....a. IMP I l re Ills Ci 11111ylliF—III"i"a Aw,11141111M illu5Z.6 d-tuW U p 'V10 Case No 1e—M inuw0coon Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 56 of 169 AGENDA ITEM . PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING,NOVEMBER 10„2045 N Zoning Map Wr, 5 If1 (� �i a ��r (f'I(I iftl 161VV w �m 11111111111 111111I�11\l`I "� " � 11 V��1i��`\. 1 I �,r � t m.tYld Al /// � 1/4 ;j r r J� i Rr F\ a !gond Parcel Zarted C-Cartservalfan l 1" Zoning Legend „I Pub&c Use Lands Rural Residential t p Muki FemNy Residential tight Industrial VMershed Rural Residential 2 ME Business M Rural Neighborhood Commercial Conservation ."f Single Family Residential I=Retail Business Urban Neighborhood Commercial Rural Residential f� °�'., Two Family Residential MlIndustrial Nalurw Use Kediek 1ztmd Benush GIs Community Development Department Amms Roaft k4.. df� 6". MepIM.kms¢�eukeiwsVx q '�R 46�-'a'J.98 �mep:.�g«x.q Mil dLWyr Case No.16-D03 WrodmNon Ordinance No. Y016-10 Amending the 2008 Comprehensive Plan... Page 57 of 169 AGENDA ITEM . . PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING NOVEMBER IB.Z4a5 Overlay Nni�(K fd fRi fl I l �r I i .meq p I'd i off, Image Overlay Legend Poco WH �W S lMww k.6�a Wand YaTY{et4-W57...,.., ne Kodak lsaarcl8wougr�GtS Canmun4y PovMoprrwntP ertmant hHpswear r ' C erry rdrrot w.ow®a ba.py eq+a Case No 763 Introduction Ordinance No. FY201 -1 0 Amending the 2008 Comprehensive Plan... Page 58 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-C P ti Z REGULAR MEETING:NOVEMBER 18„2015 '0 w�warc® STAFF REPORT AND RECOMMENDATION _ ....w'm_ d� n ,, m„ CASE No. 16-003. A Pl Comprehensive an amenn dment to cha,�,n9 a the Futur,,,e Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial NBC 17.2051 DATE. October 7,2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE. 16-003 APPLICANT, Surf and Turf;LLC AGENT: Doreece Mulch LOCATION: 1667 East Monashka Bay Road LEGAL DSC; Lot 1;, Sawmill Subdivision ZONING: C�Conservation FUTURE LAND USE DESIGNATION:Open Space/Recreation NOTICE Five(5) public hearing notices were mailed on September 10„2015, One public hearing notice opposing the amendment was returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: •Not classified by the 1968 Comprehensive Plan. •Zoned C-Conservation by Ordinance 1977-15-0. •Rezone to I-Industrial denied by Assembly(Case No.84085). •Rezone to I-Industrial denied by Commission(Case No.91-037). •Rezone to B-Business denied by Assembly(Case 91-042). •Rezone to LI-Light Industrial denied by Commission(Case No. 06-012). •C-Conservation zoning remains. 2. Lot Size: 15 Acres 3. Existing Land Use: Sawmill,warehouses(2),and outdoor storage. 4. Surrounding Land Use and Zoning; KIB landfill and leachate treatment facility zoned I and vacant parcels zoned NU and C. Nearest residential development (single-family residences zoned RR1)is approximately 250'to the northwest and is separated by a vacant lot zoned NU. 5. Comprehensive Plan: •Designated Unclassified by the 1968 Comprehensive Plan. •Designated Business by the 1985 Monashka Bay Comprehensive Plan, Casa No.16003 Staff Report and RecommendaWn Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 59 of 169 AGENDA ITEM . PUBI IC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 18.2015 �'L ALASNA •Designated Open Space/Recreation by the 2008 Comprehensive Plan. It appears this designation may be a mapping error,as no other private properly was designated Open Space/Recreation In the 2008 Comprehensive Plan Update.In addition,adjacent Borough land is shown as Commercial/Business and no other Borough owned land Is so designated. 6. Applicable Comprehensive Plan Future Land Use Designations: Qpgn 5gj22ffl1q3gfiow.This designation is intended for park,recreation,and open space areas and is implemented at the zoning level by the WH-Wildlife Habitat, NU-Natural Use, and PL-Public Use Lands zoning districts. InduslriaVLight Industrial:This designation covers industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's I-Industrial and LI-Light Industrial zoning districts. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use_(Comorehenahm Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority(Amendments and changes). 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. 17.205.020 Report from planning and zoning commission(Amendments and changes) 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. 17.205.055 Submission to assembly(Amendments and changes) A.Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions,a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205,070 by the clerk. B.If the commission recommends denial of any proposed amendment; Its action shall be final unless the initiating party,within 10 days,files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Case No.1643 Stffir Refit and Reemmendation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 60 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 18,2015 14'1 w�wpKw STAFF ANALYSIS This is a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open SpaeelRecreation to Industrial/Light Industrial. This action is a necessary prerequisite to rezone the subject lot from C-Conservation to 1-Industrial. If the Future Land Use designation Is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and a subsequent rezone approved,the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. ZONING AND CURRENT USES The lot is currently zoned C-Conservation. The uses on the property are: • Sawmill: Established prior to June 5, 1980. In 1984,sawmills were added as a conditional use for C-Conservation zoning. In 1985,a Conditional Use Permit was approved(Case No. 85-067),bringing the sawmill into compliance with Borough zoning code. • Warehouse/Outdoor Storage: Two warehouses are established on the lot.The warehouses, along with outdoor storage,were permitted by an Exception granted in 1991 (Case No. 91- 042), In October of 1992 the Exception procedure was eliminated from Borough zoning code. At that time, the warehouses and outdoor storage became legal nonconforming (grandfathered)uses. The existing uses are appropriate In an industrial area and are listed as permitted uses In 1- Industrial zoning. Accordingly, this amendment, combined with a successful rezone to I- Industrial,would eliminate the nonconforming warehouse and outdoor storage uses. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development in the area is the expansion of the landfill, a new leachate treatment facility,and a new composting facility. PREVIOUS REZONE ATTEMPTS Four previous rezone requests were dented;two to I-Industrial, one to B-Business, and one to LI-Light industrial.Those rezones were denied primarily due to public concern over inadequate buffering between the nearby residential neighborhood, potential offsite Impacts (i.e., noise, odors,and fumes),and Inconsistency with the 1985 Monashka Bay Comprehensive Plan. The 1985 Monashka Bay Comprehensive Plan was superseded by the 2008 Comprehensive Plan. As noted in the 2008 Comprehensive Plan, the individual plans are still relevant as a source 4f information on some topics. In addition the 2008 Comprehensive Plan states that "when an inconsistency related to land use planning goals or designations exists between the plans,this plan shall lake precedence" NEW CIRCUMSTANCES At the time or previous rezone requests,the area northeast of the site was zoned PL-Public Use Lands, with all other abutting parcels zoned C-Conservation. The site is now adjacent to and east of I-Indusirtal zoning at the landfill site..The area to the north is zoned NU-Natural Use and to the southeast is C-Conservation zoning, Case No.10,W3 SUN Report and R:.; .ffwftasat.. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 61 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM T-C P&Z REGULAR MEETING:NOVEMBER 16,2015 Q-L w�aaK'a COMPREHINSIVE PLAN GUIDANCE FOR IDENTIFYING NEW INDUSTRIAL LOCATIONS The adopted Comprehensive Plan states that "in assessing the need and most appropriate locations for new Industrial land,consider the foliowing factors". • The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in speciric economic sectors,Including a realistic assessment of their potential within the KIM • -Staff Analysis: The local population trend is flat 10 declining and there Is no Indication of that trend reversing in the foreseeable future. Stable or declining populations do not necessarily correspond to a reduced need for industrial uses. With our economy's reliance on the fishing industry, marine related services including warehousing and outdoor storage are continuously in demand. • Proximity to adequate public facilities, Including roads, water and air transport facilities, as well as water and wastewater treatment facilities. • Staff Analysis: The lot Is served by an established arterial roadway(East Monashka Bay Road)that is capable of supporting traffic generated by the full range of Industrial uses. The lot is served by an onsite well and septic system.Any expanded or new industrial development would be served by these facilities. Future Industrial development may require expansion or upgrades to these systems, If municipal water and sewer were extended to the area,development potential would substantially increase. • Potential conflicts with adjacent land uses,particularly residential uses and sensitive natural resourms. Staff Analysis: The lot is adjacent to and east of the landfill and leachate treatment facility.The site also abuts NU-Natural Use zoning to the northwest and northeast. This land(owned by the Borough)provides a vegetative buffer and physical separation between the site and the nearest residential development(over 250'to the northeast).The area to the northwest Is also encumbered by a greenbelt established by KIB Ordinance No. 98-06'. The subject lot also abuts East Monashka Bay Road to the southeast. The plat for Sawmill Subdivislon2 established a 50'greenbelt on this lot parallel to the road right-of-way. The Plat note states that"The area shown as a greenbelt shall not be altered from its natural state." Given these circumstances (i.e., physical separation, a greenbelt buffer, and the plat restriction), this site appears suitable for industrial use, without creating incompatible land use conflicts for residential uses at least 250' away. Industrial uses on this site should be compatible with the adjoining landfill development. By way of comparison, it should be noted that other 1-Industrial zoned areas in Kodiak are nearby or adjacent to residential zoning. These areas do not have the extent of Staff Report ExWbLI A =Staff Report EMbd B Case No,184003 Staff Report and Recom a dshon Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 62 of 169 AGENDA ITEM . . PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 18,2615 3 w6.wsKw buffers and separation that are associated with this site. Those areas have coexisted with surrounding residential zoning and uses for decades.Accordingly,this lot should be capable of accommodating the full range of industrial uses without negaWeiy Impacting the surrounding area.The I-Industrial zoning performance standards of KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. • Staff Analysis: The lot is of sufficient area(15 acres),appears to be adequately buffered,and provides suitable building sites for the full range of Industrial uses. COMPREHENSIVE PLAN CONSISTENCY The proposed amendment is consistent with the following goals, policies, and implementation actions or the adopted 2008 Comprehensive Plan: • tend Use Goal: Regulate and manage land uses to balance the rights of private properly owners with community values and objectives. ■ dicy. Maximize compatibility of adjacent land uses and minimize conflicts through zoning,buffering,design standards,and other means. • Policy..Zone land to meet future housing,commercial,industrial,and other land needs. ® implementation action: Identify an adequate supply of land in each community to meet future residential needs and other land development needs based on future population and employment growth projections,assumptions about the type and land requirements for projected uses, and conditions or constraints that might affect development. Consider use of public or private !Native-owned land to help meet these needs. n lmnlementation Action_ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. o "ementatlon Action: identify potential future landfill sites and zone surrounding areas forcompatible(i.e.,nonresidential)uses. o Implementation Action:Address the fishing industry's needs for gear storage through local land use controls. a lmolsmentallon Action: Conduct an industrial lands study that identifies preferred areas for future industrial and commercial development. • Land Use Goal: Continue to update and improve the effectiveness of Borough policies, plans,regulations,and ares. o dm m n t n A ion:Review and analyze area zoning to determine the need and potential placement of industrial property zoning If needed. Casa No.16-M Stall Rpt and Recommendation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 63 of 169 AGENDA ITEM . Ni PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 1a.2015 i 4-s ��.asKw • Economic Goal. Regulate land uses to protect industrial uses and minknize conflicts with adjacent uses. The rezone Is also consistent with the following 1985 Monashka Bay Comprehensive Plan land use goal and objectives: e land Use Goal:To work towards eliminating existing conflicts in the land use pattems within the Monashka Say area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. • ive: Establish zoning patterns to ensure that land use types are separated by natural and manmade boundaries that effectively buffer potentially conflicting land uses from each other. • Obiective: Maintain the general pattern of existing land uses while providing suitable land use areas kir expected community growth. CONCLUSION Staff recommends the amendment is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Case No.1843 Stmt Repon and Reoommerdabon Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 64 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 18,2015 'L ALA9KA' RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan amendment request to the Kodiak island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion I& Move to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fad"for Case No. 16-002. FINDINGS OF FACT(KIBC 17.205.020.A-C) 1. The amendment will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use 3. The lot is adjacent to I-Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I-Industrial zoning performance standards (KIBC 17.105,060) should further ensure that there are no negative impacts with future industrial development. 6, The amendment is consistent with various objectives of the adopted 2008 Comprehensive Plan and will facilitate a rezone that will further implement those objectives, 7.. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Case No.1 Sudf Repod wW Recornwardation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 65 of 169 AGENDA ITEM O.C. PUBLIC HEARING rrEm 7-C P&Z REGULAR MEE-nNG NOVEMBER 18,2015 �lPage 1 of 3 InlToduCed by Mayor by Requested by- Enginaeoloill Fw1giclat Deparvnem Drafted by: Environnionthl Engirriget JntrDduca& 04107198 PUMC Hearing. 04416198 Adopted, 04i11IP38 KODIAK ISLAND BOROUGH ORDINANCE NO 98-06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO.87-15-0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA DAY ROAD SERVICE AREA AND BALERtLANDFILL WHEREAS, the Monsshka Bay Hand Service Area shares a common boundary with the Kodiak Island Borough balerilandfill site;and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot(200')common boundefy of the service area and ADL 44355, as wall as within a two hundred foot J200') buffer surrounding a former beaver pond;and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No B7-15-0 reserving certain Borough lands as a vagatative screen and greenbelt;and WHEREAS, the Monashka Say Road Service Area and approved a request of the Borough to change the greenbelt to accommodate landfill expansion;and WHEREAS. this reservation will serve as a visual and sound barrier separating activities at the landfill site Irom residences in the road service area, NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT. Section 1. This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2-, Ordinance No. 137-15-0 is hereby repealed to be reenacted by this ordinance to reserve a greenbalt along the common boundary of the Monashka Bay Road Service Area and AOL 44355 described as follows. Beginning of the most westerly comer of Lot 1, Sawmill Subdivision, Plat No. 84.46; KID&A 1101w 9 amwwgN Malair MdNo 98-410 Pimp I or Case No..16-003 Staff Repon and Recommendation Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 66 of 169 AGENDA ITEM #9.C. PUBLIC HEARING ITEM 7-C P&Z REGULAR ME NG NOVEMBER 10 2015 -Slaffrke-Opoir F 11H kih-ii'S�i[1,4,.......... Plagie 2(SII (1)thence, N37'16'44'W, 264,,04 feet; (2)thence, S55 TO""11 AW, 491 62 feet; 131 thence, S852 1'00"W 171.75'feet: (4)thence, N34'39'00"W, 411.00 feet,, 151 thence® N25'21*007E, 739,00 feet; 161 thence. N63*3246E, 1486,67 feet; 171 thence, N2 7'42"I B'W 1,163 feet, more or less, to the Mean High Wafer (ine along Monashka BaV,, 181 thence, northeasterly, approximately Z 100 feet, more or loss, along said can High Water Line to the common boundary between U.S. Survey 16`78 and the city of Kodiak SanlfarV Fill Site Survey.- 19)thence,along the common boundary between U,S.Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00'02 r33T 3093,17 feet,more or less, to the southwesterly coiner of U.S. Survey 1678. common with the most northerly comer of Lot 2, Sawmill Subdivision., (10) thence, S29 04532'W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; 1111 thence,S43'25'09"W. 1328.77 fact along the northerly boundary of Lot I of saed subdivision, to the Point of Beginning. Can taming 80 28 acres, nwra or less Section 3® This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the ex=i®n of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur an Lot 2. Sawmill Subdivision with the concurrence of the Monashka,Bay Road Service Area board, ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH gg Jeff a M,S pry ens,Presiding Officer ATTEST: Hie�1 rte banns F. Smith, CMCIAAE, BOF;-ugh-Clerk rhg..d tWomwromm Pimp ZW 2 Came No 16-0011 Staff Repod"Recommandobw Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 67 of 169 AGENDA ITEM O.C. PUBLOC HFARWG aEM a-C IP&7 REGULAR pn0E:E'nN9G NOVEMBER la,2015 E age I of 1 y �je, ��b� ,yt� u'l va � E fv �v V4� re dfr° a�f u r fa �ya f Y m� r r f R ^ WA l f� f wM Case No 96$)4 Staff Report wW Recommancla4ion Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 68 of 169 0 a UMRM�1111EAM11I t4 rl, 8+A Z FIDWILAA ME.PING 11,04'.19111HEIR RK'Nis —.......... o ..... ........ ... ... ........ ... ........... ,10 "Ile 4r.0 :3oj LA. e h ........... . ............... "Ar e. A J, ........... rn .. .............. ......... r n .0 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-C P S Z REGULAR MEETINGNOVEMBER 18,2015 Introduced by: Borough Manager Requested by: P&Z Commission 1 Drafted by: Community Development 2 Introduced: XX/XX12015 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY 11 CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1, 12 SAWMILL SUBDIVISION FROM OPEN SPACEIRECREATION TO 13 INDUSTRIALILIGHT INDUSTRIAL IP&Z CASE NO,1"03). I4 15 WHEREAS,as a second class Borough,the Kodiak island Borough excercises planning, 16 plaiting,and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes;and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6,2007(Ordinance No.FY2008-10)to replace 21 the 1968 Comprehensive Plan;and 22 23 WHEREAS,the Kodiak Island Borough has adopted KIBC Title 17(Zoning)in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan;and 25 26 WHEREAS,KIBC 17.205.010 provides that"Whenever the public necessity,convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and 28 after report thereon by the commission and public hearing as required by law, amend, 29 supplement, modify,repeal or otherwise change these regulations and the boundaries of 30 the districts;"and 31 32 WHEREAS,the Planning and Zoning Commission received a request to amend the 2008 33 Comprehensive Plan by changing the Future Land Use Designation of Lot 1, Sawmill 34 Subdivision;and 35 36 WHEREAS,at an advertised public hearing,consistent with Kodiak Island Borough Code 37 17.205.040, the Commission considered the merits of the Comprehensive Plan 38 amendment request;and 39 40 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 41 Comprehensive Plan Future Land Use Designation of this lot be changed finding that the 42 public necessity, convenience, general welfare, and good zoning practice would be 43 enhanced by such action;and 44 45 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 46 and approved by the Borough Assembly. 47 48 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH thaL• 50 Case No.164)03 Draft Amendment Ordinance Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 70 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-G P d 2 REGULAR MEETING'.NOVEMBER 10,2015 51 Section 1: This ordinance is not of a general and permanent nature and shall not 52 become a part of the Kodiak Island Borough Code of Ordinances;and 53 54 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1, 55 Sawmill Subdivision is hereby changed from Open Space/Recreation to 56 Industrial/Light Industrial. 57 58 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 59 Commission are confirmed as follows: 60 61 1. The amendment will recognize long standing industrial uses on this site. 62 63 2. The lot is of sufficient area and provides suitable building sites for industrial use. 64 65 3. The lot is adjacent to I-Industrial zoned land and uses. 66 67 4. Adequate buffers between this lot and nearby residential development are 68 established by ordinance and plat restrictions. 69 70 5. The lot appears to be capable of accommodating the full range of industrial uses 71 without negatively impacting the surrounding area. The I-Industrial zoning 72 performance standards(KIBC 17 105.060)should further ensure that there are no 73 negative impacts with future industrial development. 74 75 6, The amendment is consistent with various objectives of the adopted 2008 76 Comprehensive Plan and will facilitate a rezone that will further implement those 77 objectives. 78 79 7, The Planning and Zoning Commission recommends that the Borough Assembly 80 approve this Comprehensive Plan amendment 81 82 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 83 THIS DAY OF 2015 84 85 86 KODIAK ISLAND BOROUGH 87 88 89 90 Jerrol Friend,Borough Mayor 91 92 ATTEST; 93 94 95 96 Nova M.Javier,MMC,Borough Cleric 97 98 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 71 of 169 AGENDA ITEM #9.C. PUBLIC HEARING ITEM 7-C P 6 Z REGULAR MEETING,NOVEMBER 18,2015 Print Su by Emil munky Is1 Bent Depanment 710MIJIBaylicLilm 205 KodtakM996m Ph.f )486•9361 Fax 7y 405•9 Fate) AOM6 kus CcArmwSlie PROUD Application forRerefwe-KIBC 17.205 P Owner/A Ikartt a � R MaI&V Address , Phone Number. othet Conua ernag,eta Legal DucAptl0rk Sllhdr fllntk ^ L6C st u _ m,, ELM % Cu r P L� Applkable Camprelnnsl"Plan .� .,....hi,.4—I Explanation of the neer!6 Justlf udon far a dunye or amendment of mMnW i Erplanation of the effect such a dung or amendment would have on the objW li s of the applkable c=pM4*n0ve p4rc �� ....... .. � Da �� " 5iynaturc Case No M003 Appficabim Package Ordinance 1 6-10 Amendingthe 2008 ComprehensivePlan... Page 72 of 169 AGENDA ITEM O.C. PUBLIC NEARING ITEM 7•C P E Z REGULAR MEETING NOVEMBER 18,2015 Dale-, CDOSI&M Pjra=jYZffkMjM Fee Payable In Cashkes 6fte Room i 104-Main row ofilwough BWWjng Na Appiluble r sogo Less than 1.75 mc= r S 1.75 to SM matt r ST &01 to 4O. S1 40.01 wes txtr, r St PAID KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No 1&0MAppbcabx3n Package Ordinance No. FY01 -10 Amending the 2008 Comprehensive Plan... Page 73 of 169 AGENDA ITEM O.C. PUBLIC HEARING IT 7-C P&Z REGULAR MEETING NOVEMBER 10.2015 PAYMENT DATE Kodiak Island Borough BATCH NO, 0910112015 710 Mill Say Rd. 2016-0 d72 COLLECTION STATION Kodfak,AKM115 RECEIPT NO. CASHIER 2016-OD0001199 RECEIVED FROM CASHIER DOREECE MUTC H Cashier DESCRIPTION APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT KIBC.17.205 • 522r ®U Other or Mac Other or MimA SIA00.00 Pa n ; Type Datall Amount chea 10011 $1,000bo Total Amount: $1,000.00 Printed by-Cnablow Pxnn 1 of 1 021011`2015 02,311MI Pat Case N®.16-OM AppkaWn PwJmge Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 74 of 169 AGENDA ITEM #9.C. PUBLIC HEARING IT 7-C P tti Z REGULAR MEETING:NOVEMBER I B,2015 Corporations.Business,and Professional Licensing Page I of 2 Division of Corporations, Business and Professional Licensing Narne(s) 7We a Legal N2MO ISurf and Turf LLC Preview lxgAl Name I Monashko Bay Rnad LLC Entity Details EntlityType. Limited LiabUity Company Entity#t 120760 Status- Good Standing AIC Formed Date: 2126/2DO9 Duration/Eypiraticars® Perpetual Home State- ALASKA Ne-vt Biennial Report Due- 1/212017 Entity Mailing Address. 218 CENTER AVENUE.SUrPE 8,KODIAK,AK gq6t5 Entity Physical Address. 218 CENTER AVENUE,SUrM B,KODIAK,AK 996LS Registered Agent Agent Name. Reed E.Owalt Regi.stered Mailing Addresn. PO BOX 722®Kodiak,AX 99615 RegIstered.Physical 218 Center Avenue,Suite B,Kodiak,AK giy-6i5 Address: Officials AK Enfity* Name Titles Pcirce1st Owned Samuel&Doreeft Mulch Member So 92wreill Storage Company,Inc. momber So Filed Documents Date Ffled Type Filing Certificate 2/2612009 Creation Filing 3/16/2009 Amendment 6/2/2009 T.111.1 Report 1i/i5/20n Biennial Report httpE/Iwww.co mmerce-alaske.govICBP/MaiWCorporatio gktail espx?id^"-12076CI 9412015 Case No 16-003 Applicaboo PwAago Ordinance No. FY201 6-10 Amending the 2008 Comprehensive Plan... Page 75 of 169 AGENDA ITEM O.C. PUBLIC HEARING IFEsMk T-C IP A Z REGULAR MEETWG:NOVEMBER 18,2015 Csuiu'm'uwu«naaeons,„113 u'siness,„ard'i rufessiional LACensing, Page 2 oft 2117/2012 12 1 RRa imwcnal e'IX u'aR ..........H.......................................................................... livip dfv,Www..a:omiinevice.®caska.gov/CBP/Main/CDrpomlianDetaii.espx?id'^120768 9A12015 Case No.1603 Appkabon Package Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 76 of 169 AGENDA ITEM #9.C. PUBIC HEARING ITEM 7.0 P 5 Z REGULAR MEETING NOVEMBER 18,2015 'ir�i/��r7��Ii'y�r W�L i. irrr prfiri off •dam•Skus Kodiak Island Borough GIS Website K i n.rrrrro wrrowwr Lmab be r wir � .MV�riruW lVMI„W, � r a T Ab Trd.1LC q ,1."`. J IIte141000�1 ,' d ww um "oa '" ,'!✓r R u.Mm LVM9ftl,MT „aYia,•,IAr"LLU Y � �r �mcs„�a�,ioimrrmLn h e Case No 164M AppieMm PaeMage Ordinance No. FY 1 -1 0 Amending the 2008 Comprehensive Plan... Page 77 of 169 AGENDA ! . PUBLIC HEARING ITEM 7-C P d Y REGULAR MEETINGNOVEMBER tn,2615 Kodiak Island Blorough A f � Community Development De eat 710 Mill Bay Rend Room 205 Kodiak,Alaska 9%15 AUX Phone(907)486-9363 Fax(907)484.9396 www.ktxli In September 2,2015 Ms.Doreece Mulch Surf and Turf,LLC P.O.Box 1753 Kodiak,AK 99615 Re: Case 16 00. Request a Comprehensive Pian amentiment to change the Future Lad Use Designation of Lot 1,Sawmill Subdivision, from Open Space/Rcercation to IndustriallLight Industrial(KIBC 17.203). Dear Ms.Match: Please be advised that the Kodiak/eland Borough Planning nod Toning Commission has scheduled the ease referenced above for Public Hearing at their October 21,2015 regular rneeling.This madirts will begin at 6:30 p.m.in the Assembly Chambm,710 Mill Bay Road,Kodiak,Alaska.Attendance at this ming is not mandatory but recommended. One week prior to the regular ming,on Wednesday,October 14,2015 at 6:30 p.m.in the Borough Coafetence Room(4121),the Commission will hold a packet review work cession for the purpose of reviewing packet ma"als and staff summaries of cam scheduled for the regular meting. The public is welcome to attend the packet review work session;however,the work session Is not for the purpose of receiving public testimorty.Applicants who wish to present lestimanty and/or evidence related to their case should appear at the Public Hearing during the Regular Mating and present such information in person. Pie=contact the Community Development Department at 40-9362 if we can answer any numanding questions or provide additional inforation.In advance,thank you for your cooperation. Sincerely, &ack -ker.Assistant Planner Comnonity DevelopmrM Department Case No.16-003 Public Comment Package Ordinance No. FY2016-10 Amending the 2008 Comprehensive Pian... Page 78 of 169 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING NOVEMBER 16 2015 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 September 10,2015 Public licarm,Item 7-B I PUBLC BEARING NOTICE A public hearing will be held on lVeduesday,October 211,2015.The meeting will begin at 6..30 p.m.in the Borough Assembly Chambers, 710 Mill Bay Road, Kodi*- Alaska, before the Kodiak Island Borough Planning and Zoning Commission,to hear comments if any.on the following reguest CASE: 16-003 APPLICANT Surfand Turf,LLC AGENT, Dorecce Mulch RE-QUEST, A Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision, from Open SpaectRecreation to Industrial/Light Industrial (KIBC 17.205}. LOCATION 1667 Monashka Bay Road ZONING C-Conservation This notice is being sent to you use our records indicate you are a property ownevinteresied pany;n the area of the request If you do not wish to testify verbally,you may provide your comments in the space below or 10 a letter to the Community Development Departmeni,V% m�Ififyafi� – I'll, I "-- -!.� ! - L If you would like to fax your comments to us,our fax number is (907) 496-93%,or you may email your comments to If you would like on testify via telephone, please call In your comments during the appropriate public hearing section of the meeting, The local call-in telephone number is 49&3231. The fall free telephone number is 1-855492-9202. One wmk Prior to the regular mccling,on Wednesday,,October 14,2015 a%%vrk session will be held at 6;30 p in.in the Kodiak Island Borough Conference Room(N 1211,to review the packet material for the caw Kodiak Island Borough Code provides you with specific appeal rights if you disagree w1h the Commostons decision OR this request. Ifyou have any questions about the request OF Your 2PPC21 rights,Plea=feel I`FCC 10 C211 Us no 486.9363 Your Nam........................................................................................................................................... NIAHog Addmv.................................................................................................................................................................................... Your property afteriplian.....-—-------- Com ummol- ............... ................... ............... .................. .......... .......... ...................... ---------------- ............... ............... ....................... --—----------- ............... ............ ------------------------------------- Case No 18-003 F'Oft Commant Package Ordinance No. FY -1 0 Amending the 2008 Comprehensive Plan... Page 79 of 169 AGENDA ITEM #9.C. PUBLIC NEARING ITEM 7-C P S 2 REGULAR MEETING:NOVEMBER 18,2015 Case 16-003 Request a Comprehensive Plan amendment to Location change the Future Land Use Designation of Lot 1, 3667 Monashka Bay Road Applicant Sawmill Subdivision,from Open Space/Recreation Surf&Turf,LLC to Industrial/Light Industrial (KIC 17.205). i I i I� uJuk�a°'� r ga r M Public Hearing Notice "d Fe-! Subject Parcel W - E 0 1500 3.fSAW Notification Area Kodiak filar-t 6waage GIS Community Developots®nl De anmcnl ....A-Rom. Mipl .kadfakakuf9Y(07)®t a137 .^�icpvdaa= aWryrda-a1" bwq UrdeftWuMd ROMnlWap Casa No,184)03 PubRlc Comment Package Ordinance No. FY201 -10 Amending the 2008 Comprehensive Plan... Page 80 of 169 0 a z PURIM OEARM ITEM I-C P Z REGLXAR MME RHO NOVEMBER 18 2095 T to Er 0 1%3 C) 0 Do 0 First Na rrm LaU_Nmme all_U e® Mau Une IMailty Ci MALState mail zip PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK AK 99615 011 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 SURF&TURF,LLC ED BOX 1753 KODIAK AK 99615 CITY OF KODIAX PIM Box 1397 KODIAK AK 99615 M MARIE HEIDEMANN, TRANSPORTATION PLANNER SOUTCOAST REGION A &PF PC BOX 112506 JUNEAU AK 991111.2506 rn cc Z AGENDA ITEM M.C. PUBLIC HEARING ITEM I-C P&Z REGULAR MEETING:NOVEMBER 18,2015 Sheila Smith From: Paul Zimmer<kodiakzimmers@YahGo.cum> Sent: Monday,October 05,2015 1051 PM To. Sheila Smith Subject Public Hearing Notice CASE 16-003,Surf and Turf October 5,2015 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak,Alaska 99615 Re: Public Hearing Notice Case 16-003 1667 Monashka Bay Road Dear Reader, We have lived at 2000-2003 Ridge Circle,the lot closest to lot 1,Sawmill Subdivision since 1998. Our home is a few hundred feet from lot 1. When purchasing our property,we read the 1985 Monashka Bay Comprehensive Plan,which states as an objective, 'to maintain the scenictsecluded nature of Monashka Bay residential neighborhoods" We Chose to move to Monashka Bay because of the tranquil,natural setting. In general,that has been the case,although at times we deal with industrial equipment noise from the lot in question,and have been concerned about irresponsible dumping of construction waste, including leaking barrels of chemical substances, (that got the attention of both the EPA and DEC), potentially affecting air and well water quality,by the previous owner. For this reason,we are opposed to the proposed change in the future land use designation of lot 1, Sawmill Subdivision,from Open Space/Recreation,to Industrial/Light Industrial. The current comprehensive plan states a Future Land Use designation as open space/recreational. This seems to be an oversight,given the current zoning designation as business,and the past and current uses of the land. Change to a future land use designation of industrial/light industrial,which is likely a precursor to a zoning change to the same designation, is also inappropriate,as it would potentially alter the tranquil nature of the neighborhood. We would not,however, oppose a change to future land use designation of business for lot 1 Sawmill Subdivision. The previous owner of the land,in defiance of the zoning and disregard for surveyed property boundaries, used it more in line with industrial uses,and sought rezoning to that designation. This was opposed by residential neighbors who were concerned about ongoing noise issues from the lot, as well as irresponsible dumping, backfilling against live,old-growth spruce trees 20 feet beyond his property line,and the resultant fire hazards. Sincerely, Paul V.Zimmer and Tia M. Leber Case W ie-om Public comment Package Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 82 of 169 AGENDA ITEM O.C. iii. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road e Kodiak,Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 c,l,e,rks,gi kak,.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday,January 7,2016,at 7:30 p.m, in the Borough Assembly Chambers„ 710 Mill Bay Road„ Kodiak,.Alaska before the Kodiak island Borough Assembly to hear comments on: Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open SpacelRecreation to IndustriallLight Industrial(P8Z Case No.16-003). If you do not wish to testify verbally„ you may provide your comments on the attached public hearing form and fax it to (907) 486-9391 email to g rks, diakak,us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on January 7,2016.Comments favoring and opposing are encouraged. If you have any questions,please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. E=Y2016-10 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 83 of 169 AGENDA ITEM O.C. Ordinance No. FY2416-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open SpacelRecreation to IndustriallLight Industrial(P&Z Case No.16-003). c Y marr " 0 ',a exicaPOW za:aoC4r=rVMn ppZOOWQLopn ..:.:� PWIC use LanesI Rural ResUenttal I.. MulD FafUtr RGtftW. r ';UjMt MO.ctru! WOUTM O i RuM Rnklenttal2 ?/��/ Bumezz ii FtWW Nevmcrmom Comm"= ,,,,q wnrnratwn r ,;;;;;;;; ctteole Fater Resueresy iiia Henn eusr�ess urnan ift a i cn-_re CW ...........::n nurat Reslden�l I;m 71ro Resaenry rnm:zhr�r p kamtrw use Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 84 of 169 AGENDA ITEM O.C. PUBLIC HEARING FORM Ordinance No.FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1,Sawmill Subdivision from Open Space/Recreation to IndustriaVLight Industrial (P&Z Case No.16-003). ,] This is in support of changing the future land use designation. This is in opposition of changing the future land use designation. Other comments.. Name: Residence Address: Mailing Address ------- Comments,, ,w---Comments. Written comments may be submitted by email to r,;ierir ,q kod'uakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office,710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m.on Thursday.January 7.2016. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan— Page 85 of 169 z 0 First—Name Last_Name Mail Line Mail—Una-1 Mail_clty Mail—Stale Ma11 Zip PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK AK 99615 KORIAK ISLAND BOROUGH 710 MILL RAY RD KODIAK AK 99615 SURF I3 TURF,LLC PD RI]R 1753 K®UTAK AK 99615 CITY OF KODIAK P.0,BOX 1397 KODIAK AK 99615 CIL MARIE I-0EIIB€ATANN, TffiANSpURTATIUIt PLANNER SU CUAS'T REGION ADOT IS PF P1B RC}K 1125iBffi JUNEAU AK 99911Q506 I� 0 C3 CD 0 0 M n co M z Do °n m AGENDA ITEM #9.D. KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 17.2015 6ASSEMBLY REGULAR MEETING 4, „rM TITLE: Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens'Comments. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: The purpose of this ordinance is to change the commencement and adjournment for Assembly regular meetings and regular work sessions.This ordinance also provides flexibility to call other meetings and work sessions as the Assembly deems appropriate as long as reasonable public notice is given. Staff checked with KMXT Manager Mike Wall and he stated that the meeting time change could be accommodated and they will continue the broadcasting of Assembly meetings. The Assembly also requested that Section 2.30.060 Order of Business and Agenda be amended by switching the order of awards and presentations and citizens'comments. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-11. Kodiak Island Borough Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 87 of 169 AGENDA ITEM #9.D. Introduced by KIB Assembly 2 Requested by KIS Assembly 3 Drafted by Borough Clerk 4 lntroduced: 1211712015 5 Amended. 1 211 712 0 1 5 6 Public Hearing: Adopted: 7 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2016-11 11 12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 13 AMENDING TITLE 2 ADMINISTRATION AND FINANCE, CHAPTER 2.30 14 RULES OF THE ASSEMBLY, SECTION 2.30.030 TYPES OF MEETINGS TO 15 CHANGE THE COMMENCEMENT AND ADJOURNMENT TIMES FOR 16 ASSEMBLY MEETINGS AND WORK SESSIONS AND SECTION 2.30.060 17 ORDER OF BUSINESS AND AGENDA BY SWITCHING THE ORDER OF 18 AWARDS AND PRESENTATIONS AND CITIZENS'COMMENTS 19 20 WHEREAS, the purpose of this ordinance is to change the commencement and the 21 adjournment time for Assembly regular meetings;and 22 23 WHEREAS, the Assembly also wishes to change the commencement and establish the time 24 for adjournment for work sessions;and 25 26 WHEREAS, the Assembly should also have the flexibility to call other meetings and work 27 sessions as it deems appropriate as long as reasonable public notice is given. 28 29 WHEREAS, the Assembly also desires to switch the order of business for the regular meeting 30 agenda by moving citizens comments before awards and presentations. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: This ordinance is of a general and permanent nature and shall become a part of 36 the Kodiak Island Borough Code of Ordinances;and 37 38 Section 2: Title 2 Administration and Finance,Chapter 2.30 Rules of the Assembly,Section 39 2.30.030 Types of meetings is hereby amended as follows: 40 41 2.30.030 Types of meetings. 42 43 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 44 borough administration building,Kodiak,Alaska,and are to commence at 3 6.30 p.m.on 45 the first and third Thursdays of each month, or such other lime and place as may be 46 designated in the notice of the meeting.Public notice of changed meetings shall be made in 47 at least one newspaper of general circulation in the borough. Meetings shall adjourn at 48 14i30 10:30 p.m. unless the time is extended by a majority of the votes to which the 49 assembly is entitled. No meeting shall be extended beyond n0d4 4i;;f'ht ro,,,,,,,,,,a„i munless 50 extended by a two-thirds vote of the assembly,except the meeting shall be extended to set 51 the time and place for resumption of the meeting. 52 Kodiak Island Borough.Alaska Ordinance No,FY2016-11 Page 1 of 3 Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 88 of 169 AGENDA ITEM O.D. 53 B. Special Meetings.Special meetings may be called by the mayor,deputy presiding officer,or 54 by three members of the assembly and, except in an emergency, upon no less than 24 55 hours'effective notice to each member. Effective notice shall be written or oral.The notice 56 shall indicate time,location and the purpose of the special meeting and by whom called.The 57 calendar for a special meeting shall be as follows: 58 1. Roll call. 59 2. Citizens'comments. 60 3. Consideration of matters in the call for the special meeting. 61 4. Adjournment. 62 63 Matters not included In the call for the special meeting may not be considered. Special 64 meetings shall commence and adjourn as provided in subsection A of this section unless 65 specifically amended. 66 67 C. Adjourned or Recessed Meetings. 11 the assembly has not concluded the agenda, the time 68 and place of the resumption of the meeting shall be announced or the items shall be carried 69 over to the following regular meeting or taken up at a special meeting called for that 70 purpose. 7I 72 ti. Work Sessions. The assembly may meet informally in work sessions, at the call of the 73 mayor,deputy presiding officer,or by three members of the assembly,to review forthcoming 74 programs of the borough, receive progress reports on current programs or projects or 75 receive other similar information from the manager, provided, that all discussions and 76 conclusions thereon shall be informal.Work sessions are public and no formal action shall 77 be taken by the assemblyw Ido ularl scheduled worlk sesslouros are to commence al 5°34D 78 m.and shall ad Dorn at 10:30 ..m,wunliess tine time Is extainded Ih ma oiri burs 79 of the Assoirnlsl! . 80 81 E. Other 3ulblic meeti s or work seWons. The Assemiim hold other mookinnn Dir 82 work sessions at such other lime and lace s It deems a ro riate as to as 83 reasonable pulalic notice is Ivan. 84 85 Section 3: Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly,Section 86 2.30.860 Order of Business Is hereby amended as follows: 87 88 2.30.050 Order of businew and agenda. 89 A.Order of Business.The order of business for each regular meeting of the assembly shall be 90 as follows: 91 1.Invocation. 92 2.Fledge of Allegiance. 93 3.Roll call. 94 4.Approval of agenda and consent agenda.(Approval of consent agenda passes all Items 95 indicated.Consent agenda items are not considered separately unless an assembly member so 96 requests.In the event of such request,the item is returned to the general agenda.) 97 5.Approval of minutes. 98 6 Awaf&-a ii W Il:liegen mm& Citizens'c.pirnmerirls. 99 a.Agenda items not scheduled for public hearing and general comments. 100 7. 4 44a"rru...c*run.. 1R-A Bards auf;uri Ifolr;wa;wantations. Kodiak Island Borough,Alaska Ordinance No.FY2016-11 Page 2 of 3 Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 89 of 169 AGENDA ITEM O.D. 101 8.Committee reports 102 9.Public hearing. 103 10,Borough manager's report. 104 11. Messages from the borough mayor, 105 12.Consideration of calendar-Unfinished business. 106 13.Consideration of calendar New business, 107 a.Contracts. 108 b.Resolutions. 109 c.Ordinances for introduction. 110 d.Other items. 111 14.Citizens'comments. 112 15.Assembly members"comments 113 16.Adjournment. 114 115 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 116 THIS DAY OF 2015 117 118 119 KODIAK ISLAND BOROUGH 120 121 122 123 Jerrol Friend,Borough Mayor 124 125 ATTEST" 126 127 128 129 Nova M.Javier,MMC,Borough Clerk 130 131 Kodiak Island Borough.Alaska Ordinance No.FY2016-11 Page 3 of 3 Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 90 of 169 AGENDA ITEM #92.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 7.2016 rA � ASSEMBLY REGULAR MEETING Silt, r„e TITLE: Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: There is a growing awareness of the need for additional affordable and workforce housing options in Kodiak.The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address this multi-faceted issue. Some of the existing regulatory requirements for recreational vehicle parks have been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks.These amendments address this issue by reducing or eliminating some of the zoning requirements for recreational vehicle park development. The Planning and Zoning Commission held work sessions and/or special meetings to review the proposed amendments on August 12, September 2, September 9, October 7, October 14, and November 10, 2015.The Commission held public hearings on the amendments at their September 16, 2015 and November 18, 2015 regular meetings. Following the November 18, 2015 public hearing,the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending Chapters 17.25 KIBC, 17.165 KIBC, and related Chapters of'title 17,Zoning to revise and update the standards for recreational vehicle parks in the Borough. The Assembly postponed this Ordinance on December 17,2015 to the January 7, 2016 Regular Meeting.The Assembly requested that they be provided a copy of the Attorney's review. RECOMMENDED MOTION: The motion on the floor is to"Move to adopt Ordinance No, FY2016-07.” Kodiak Island Borough Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 91 of 169 AGENDA ITEM #12.A. Introduced by- KIB Manager Requested by' P&Z Commission IIODrafted by CDD s RSN Introduced: 1210312015 2 VERSIONVE3 Public Headng: 121072015 3 RENIOVAL X1 OF"E11131TA REFERENCES PostponAdopled�ed. 12;0712015 4 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-07 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING CHAPTERS 17.25 KIBC (DEFINITIONS), 11 17.166 KIBC (RECREATIONAL VEHICLE PARKS), AND RELATED 12 CHAPTERS OF TITLE 17, ZONING TO REVISE AND UPDATE THE 13 STANDARDS FOR RECREATIONAL VEHICLE PARKS IN THE 14 BOROUGH AND TO SPECIFICALLY LIST RECREATIONAL VEHICLE 15 PARKS AS A CONDITIONAL OR PROHIBITED LAND USE 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 Kodiak Island Borough adopted the 2008 22 Comprehensive Plan update on December 6,2007(Ordinance No. FY2008-1 0)to replace 23 the 1968 Comprehensive Plan;and 24 25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In 26 accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; 27 and 28 29 WHEREAS, KIBC 17.205.010 provides that "Whenever the public neoessity, 30 convenience, general welfare or good zoning practice requires, the assembly may. by 31 ordinance and after report thereon by the commission and public hearing as required by 32 law, amend, supplement, modify, repeal or otherwise change these regulations and the 33 boundaries of the districts;'and 34 35 WHEREAS, there is a growing awareness of the need for additional affordable and 36 workforce housing options in Kodiak,,and 37 38 WHEREAS, the Use of recreational vehicles as temporary housing may be one part of a 39 regulatory solution to address this mufti-faceted Issue;and 40 41 WHEREAS, some of the existing regulatory requirements for recreational vehicle parks 42 have been noted as a disincentive for new recreational vehicle parks to be established; 43 and 44 45 WHEREAS, the public necessity and general welfare of the community may be better 46 served by amending the code to reduce or eliminate some zoning requirements for new or 47 expanded recreational vehicle parks rather than requiring strict adherence to existing 48 zoning requirements for these parks;and 49 Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 1 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Cade ... Page 92 of 169 AGENDA ITE 12. . 50 WHEREAS, the amendments to Chapters 17.25 KIBC (Definitions) 17.40(WH-Wildlife 51 Habitat), 17.50 (C-Conservation), 17.55 (RD-Rural Development), 17.60 (RR2-Rural 52 Residential Two), 17.65(RR-Rural Residential),17.70(RRi-Rural Residential One), 17.75 53 (R1-Single-family Residential), 17.80 (R2-Two-family Residential), 17.85 (R3-Multi-family 54 Residential), 17.95 (RNC-Rural Neighborhood Commercial), 17.100 (UNC-Urban 55 Neighborhood Commercial), 17.105(1-Industrial),17.110(RB-Retail Business),17,120(LI- 56 Light Industrial), 17.130(PL-Public Use Lands), and 17.165 (Recreational Vehicle Parks) 57 of Title 17 will accomplish the stated public need;and 58 59 WHEREAS, the Planning and Zoning Commission held work sessions or special 60 meetings to review the proposed changes on August 12, September 2, September 9, 61 October 7,October 14,and November 10,2015;and 62 63 WHEREAS, the Planning and Zoning Commission set aside time for public input and 64 discussion at each work session;and 65 66 WHEREAS, the Planning and Zoning Commission held public hearings on September 67 16, 2015 and November 18, 2015 and following the November 18, 2015 public hearing, 68 voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; 69 and 70 71 WHEREAS, as part of their recommendation to adopt the revisions to Chapters 17.25, 72 17.40, 17.50, 17.55, 17.60, 17.65, 17.70, 17.75, 17.80, 17.85, 17 95„ 17 100, 17.105„ 73 17.110, 17.120, 17.130, and 17.165 KIBC, based our the Planning and zoning 74 Commission adopted Findings of bibit,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 80 part of the Kodiak Island Borough Code of Ordinances;and 81 82 Section 2: This ordinance shall be effective upon adoption. 83 84 Chapter 17.25 85 DEFINITIONS 86 ... 87 88 17.26.190 R definitions. 89 90 91 "Recreational vehicle means a vehicular-type unit primarily designed as living quarters for 92 recreational,camping,or travel use,which either has its own motive power or is mounted 93 on or drawn by another vehicle 94 denglh. Examples of recreational vehicles are travel trailers, camping trailers, truck 95 campers,and motor homes. 96 "Recreational vehicle park" means a tract of land upon which two or more recreational 97 vehicle spaces are located, established, or maintained for occupancy by recreational 98 vehicles ofi t iii i..is iia c ...lmu rw a 4 wryra ..i •i a ,.t f-„fir iwamm. t-+.,010 t �k°r Kodiak Island Borough„Alaska Ordinance No,FY2016-07 Page 2 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 93 of 169 AGENDA ITEM #12.A. 99 100 recreational vehlol 3ark nnaF Include aro area de sfl nated for cam 101 "Recreational vehicle space" means a plot of ground within a recreational vehicle park 102 intended for the accommodation of a recreational vehicle„or other individual camping unit 103 on a temporary or permanent basis. 104 105 106 Chapter 17.165 107 RECREATIONAL VEHICLE PARKS 108 Sections: 109 17.185.010 Intent. 110 14 I51l3 "tlaa a°w inw ovw (Nolo� Moved tolllrcaI'oleii1725 IlDnallniiatlbions Io eifiiirrc iiiuulte I I r1 rllGnIViii„milli 11111 112 17.165.030 Conditional use.. 113 I7o165 035 Prohibited use. 114 17,165,040 Development standards for rerc reat.lonal vczlf>iofle nairks. 115 17.165,045 IOevello mont standards for cam Ain areas in recreaMonal 116 vetrBole roarlks,. 117 17.165.050 Recreational vehicles on individual lots. 118 119 17.165.010 Intent. 120 The intent of this chapter is to provide minimum acceptable standards for the 121 establishment and permanent maintenance of recreational vehicle parks. It Is also the 122 flntent. of ttnlls oha tear to rovflde looatflens ang a&;5 LMblg , ,tand7rds for the 123 temtng 6u ,use of recreat6onafl vehicles, [Ord. 90-39 §2, 1990„ Ord 85-8-0 §1, 1985; 124 Ord.62-34-0§4, 1982.Formerly§117,,53 0101, 125 126 177,4 5420 rx,i initlwrmr 127 fi4,.)r The F.4y wosia We 1& 128 t4,arim r�4" aswnr+�a • u r rrc� klanurl�,ur tr��rnn F u�t lnh°n��s`"-oa0-04,-FOW40,urctGo&,wt iq�h u 129 ah*.4 aara�5rw �r �u a�.> yf flw; n*1 n�n: �nn, �5kt�-,a� E Ilo- ,,,I'agr„rw m�a>,er�,lnwltllO , 130 v”, -n64400: nnu 131 w4hol -a,parmam 132 t4aaming,... � rm �;ifllwaoursflw 133 awwwlViwagwwwa�l-awa:wrnswr�auwlla awwi IIw. nk. lu iu�� wwswt Ir1,. I :warc,xw�rcaw Iflwru-rcrewr w, 134 ref n a n I R,4-mra a taMAQIR WW,luww thIfOCH"J on- 135 n 135 alrawuwwt I�4rHrr aw& l-1wnw�mwrlua,r+ndrwuaao4a..rrma„Iwlnnurwia- a n� wllwranwwwa urcwavdnF wramlam�ta rcfl 136 waPwlr..farny tiin wr na wnl d nun wd di a wwa °aa• I I rw� 1, 137 onoujdew Il iy, nnnnlcnyf .l*5_.1swan 4uwrI an 5...aalel 9an�r 6° �t waaww a�r,n u�wat nc nwn 138ra�rcIIwaaoaaln ��w: wuwVo-. r�lnwwlN-wurfl &aa-mraau�ian, nna - rwrrc , l ,flaV �s 139 »aaauni kasa - �w ,nnrcuwau,.Id' .d�, nraaa�5l. umuld� u°�aotwa --;r1.. cerr1 dn7n 140 d �"� Iu � , � :�wBr P�lflufanwll, 141aral ru ul dew lana°u n mn(�aWi as "a,.m nulawn wl y au n al& Kmuv ,ui r rall.�u � w rc� Ioa� fwE 142 raua re a:wuwu i,4 mpio ,w -Ir,,,iY(HAci a 41N,-own,rgw1UYk#lnwymo; a°K, 143 oiR oil, meNil rww ww ara- w m�I�nga rw t 144 kwwfnwwna•,- I anfrnwwju„urn •nwt.-aww a, u nwunw -w env taww lawn Iw o waa, tdflau,�,, C;arYvNn,�j 44aN) s ,Iwa ak 145 wnaw ,wn,��a3agwmu:,,.R�nww : 146 -Aocoeafl4(m tl i,n FMO- upINa -AA,0C4 S 147 nnaiuluwnww.a �uaww�:wmmaa �..awwa5 ��w �� flrcwuawa rw .,.rwawwnnG,w: anawr�iwaroow�wkYaunu � 148 aa�aiwrnnwnwIrenw awi.. Pw �rins4m � � Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 3 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 94 of 169 AGENDA ITE 9 .A. 149 -fuUirM r4 150 lr1ti' ',lw, lll a r °,: 1&r;rn 1. marldwar, �� r�rrlr rt -rpr9u iu�u1 ,�U �r a l :n,rr,r 15Itylwwwaryair fa�r�`wyu'�w+l uIlw1 ; � m ;Yarrl 3i-WS -� 1, tarv, ru� mV` 152 f )%1,• ,3, +nV 153 154 17.165.030 Condidonal use. 155 Because of their potential impact on adjacent land uses, recreational vehicle parks shall 156 only be permitted as conditional uses in all I"id 3.2fl gg districts, oAEgpt where 157 [Ord. 90-39§2, 1990; Ord. 85-8-0 158 §1,1985;Ord.82-34-0§4,1982.Formerly§17.53 0301. 159 l60 17..165.035 Prohibited use. 161 Rocroational vehiclo auks ams rohllbitod In t.ho foil in tonin disarlc4sr 162 A....INU- tural Usol 163 B.W-Watersh �I'and l64 C.9WI"-MIdllfe H a b I I a L 165 166 17.165.040 Development standards o.E. rF1 is jfrinp[vehicle rks. .................................. 167 The following development standards shall be met or exceeded by all recreational vehicle 168 parks prior to the placement or occupancy of any recreational vehicle in the park. 169 A.Density. The average park density shall not exceed 25 recreational vehicle sites per 170 acre.. 171 B.Area. Each recreational vehicle space shall contain not less than 1,000 square feet of 172 area. 173 C.Width.Each recreational vehicle space shall be at least lir ,feet wide. 174 D,Occupancy. 175 1 A recreational vehicle park shall only accommodate recreational vehicles ee ....:tool 176 Gwnp,Mig. 177 2-One mobile home or permanent structure may be located or installed in a recreational 178 vehicle park for use by persons engaged in the management or operation of the 179 recreational vehicle park. 180 3.No structure or attachment shall be constructed or installed on any recreational vehicle 181 space,or to any recreational vehicle. 182 4 The f eisfeaWwat velw4,e pm4r,-wwM19•ir No Dire n shall we ,locate any recreational vehicle 183 in the park for the purpose of renting or leasing the recreational vehicle to another. 184 5.A recreational vehlclo ark rna contain an airea de inated for can In rovlded 185 such sires meets tfpe it ulrements of tf118C f' .165.045. 186 E, Setbacks. No recreational vehicle space shall be closer than 25 feel to any front 187 properly line facing a public street or closer than am upN1 10 feel to any other property line. 188 F,Separation 19gae[IrIrOgua „tfvg!cgBtnp,ugng : 189 1. No part of a recreational vehicle shall be located closer than 10 feet from any other 190 recreational vehicle on an adjacent recreational velhicle space--, ............................................. ............................... 191 2. No oirlllon of a recreational vetulole wllll bo closoir than 5” from the recreational 192 vetalol space Ikxoundary„and 193 ,'These se arat.lon r ulrements Include an slide out or bum out extensions. 194 G,tg)oki fkw e..fkarw�wwHwl..r ewe 1I 195 eiwew tw�uflyamuap lwuuof �w r, M- u�l ,rluwlww�ul-�wh,..rk�Vaw wfwu9dw1�f, u, r�aw�w 196 aiw4• �� lawwl +mrr�V'u�i�ewr dwa�l n4 I97 Repealed I98 by Ordinance No. FYI M7„§20.2015),. Kodiak Island Borough,Alaska Ordinance No,FY2016-07 Page 4 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code page 95 of 169 AGENDA ITE 12. . 199 H„Screening. Fu11y,.povrgm4',irk''lrl rrUro re�Iorq lay 41, �P, r ref 4AW,.ls ire& 0I 200 4e,4)lJ for IlpopA -":Arih, r� 201 pax rdirw ,4A, appm pmi4ai --rr rrms wuuir g GAW46 iiACA.48....11 Ywr ur rro '741 re Pwq'CriKJO„end rear raope;Ill:y 202 V ne wW4#u r''w'mrwrlwaoce wway V>ruag'44ke-fioop, icgiiierty,4r i, The 203 lainirnln aind oinlin coinnirnlsslon irna ra ulire that a feince wall or had The 204 established and maintained between the recreational vehicle Dark and a.-..other lot 205 or land use. 206 I.Required Water and Sewer Facilities. I otl rl�r�ri rw rw rr�,V�r� r��V� 207 tw Frrwvurlrrwt•rwrra,rVrrtriisumrrrrrrruwcarw rt&lnwwfmrmr3inrrrirruwrutrlwr.lruuprrrrr 208 A,mwr rwwr -4_44,&-& A4i @413444...r 1 k w a w t w r ao wwm r mu atur mr•r n 4aNwwr',All recreational 209 vehWes shall be connected to ulbllic sewer and water or ADIEC a roved water and 210 wastewaterdVsiaosal s792MI . 211 J t�wl°ual ,.rlw rmrfr-tnu�pmww tri rkuwt m ,�wrU��w� wr� 11i1rw ,wrall�-wr �rrk wcrwt -1rr 212 tk4e',. Repealed by Ordinance 213 No. FYI 6-07,§21,2015). 214 Kmw` iw°lruwar,a ,ml wrrw . lnrra roar ww w,w „w�mrrrra°w,V,rnwkrn.rlrau b,taw. nw, ruar r —1,Nw 215 wegrouar6mA, .kRepealed by Ordinance No. FY16-07, §2; 216 2015)... 2I7 L.Roads.Well-drained, gravel-surfaced roadways, not less than 12 feet in width for one- 218 way traffic and not less than 20 feel in width for two-way traffic, shall provide access to 219 each recreational vehicle space. 220 M.Solid Waste Management. A solid waste management plan must be provkled to and 221 approved by the borough engineering and facilities department staff.[Ord.90-39§2,1990; 222 Ord. 85-8-0 §1, 1985; Ord. 83-56-0(A) §§4, 8, 1983; Ord. 82-34-0 §4, 1982. Formerly 223 §17.53.040]. 224 225 17..165.045 Develo rnent standards for carnoinn areas In recreational vehlcla arias. 226 The followlii i devaulo meat standards shall be mast or exceeded b g all r reatllornal 227 vehicle arks with an area de Inated for cares 31n „ Com Hance with those 228 re ulremernts must IY demonstrated Nor to time ansa of ainv carraoln¢1 arena len tlhna 229 park° 230 A. Stich camp&,] .giro �g gunt0,ln a levell area of at least 600 sqg lrg„f,,,,, t for erecting ....................................................... 231 camg[tng,guti4[ wrtggph,,g6 aaiaq„tuprkln s . 232 B.The maximum leng „gr„grecreational vhladn m l Ig„ f „ §0 „ .....__,_ m,camgg,,( ,,,,,,. 233 gy jn..g...). ............................pal ..l prtod alis taroa�da2n I to rohlblt the Rise of camrrlinn arenas for 234 ermamont or nnrnaneint use as awelllln ,P..- 235 O.Waste Ols osal Station. At least one waste dis 3osal station shall be nra0ded In 236 accordance with„state of Alaska reanulatloirns, 237 10. Re ulred 'Tolist and Shower Facilities. "collet and shower facillltles will The 238 falrrcaY ce d,-Ss 12gg!! ....lhy;....the more restrictive of the Borough°s currgun�l�g ted 239 IPlumtslin Oode or the slate of Allaska ut lIc a connmodatlon im nulatioins. 240 E. Ll�gh Imq¢1:.I�a�mdmag.4ffla!l ggM 2 darlantnss ode asate APnlntllnar stsall be rrnalntalined at ...................... 241 the entrances to toilet and shower facHitles the waste dis osal station and an 242 pl- [ E :: 243 F.Roads.Well-drained ravei-surfaced iroadwa s not Iless than 12 feet In width for 244 one- @I Me and not than 20 feet In wldth for o-vava�,au g�„ dug[[ fslrma2[�st ............ ...... ....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................... ,,,,,,,,,,,,,,..,.,..,,.,,,,,.,,,.....................,m,,,�..,.,., 245 ,access to each cans Ilte. 246 O. Solid Waste Man ug ; A solid waste mania ement .faro marst be rovlded to 247 and a .irovad the borons hen 0naerin sand faclliitlos de airlment staff. 248 Kodiak Island Borough,Alaska Ordinance No FY2016-07 Page 5 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 96 of 169 AGENDA ITEM 1 . 249 17.165.050 Recreational vehicles on individual lots. 250 A.Recreational vehicles may be used as dwelling units on individual lots when they are 251 used In conjunction with the construction of a permanent dwelling unit. They may be 252 located on an individual lot for a period of not more than 180 rr��V s oine yeah. 1"1 aquas-laiime 253 wdoiosmi(41 gyp 14) 11111_d ays Extend n Ilrr one eau Inciremeints f r no arra ire than 5 254 years will be permitted by staff If there has been progress made towards the 255 completion of the permanent dwelling unit. Recreational vehicles shall be completely 256 vacated at the expiration of this time limit. 257 1,No certificate of occupancy shall be issued for the permanent dwelling unit until the 258 recreational vehicle is vacated,in conformance with all applicable regulations. 259 2.Any recreational vehicle used as provided for in subsection A of this section Is required 260 to be connected to either the public sewer and water system or an individual on-site septic 261 system and well. 262 B.The parking or otherwise locating of recreational vehicles for any purpose other than 263 storage or as permitted in subsection A of this section outside a recreational vehicle park 264 is pa4444 144 4�4,er Gsubject to the 265 following limitalions; 266 1.,Only one recreational vehicle is permitted per lot; 267 2.The maximum length of occupancy f a"•eaoh 4A is X110 J,,;S days in each 12-month period; 268 3.The recreational vehicle cannot reduce the available off street parking spaces to less 269 than two tiaree spaces„ ,,,,,,,,,,,,,,,,,,,,,,,,, 270 4.No portion of a recreational vehicle occupied under this section can be located in a 271 right-of way.and 272 5.Recreational vehicles occupied under this section must be located on a residentially 273 zoned lot with a main dwelling or on an adjacent lot in common ownership. 274 C."%heN 0,4@ok r,4 4Irua" klwa#�kk ' a°alae r �a. i.,� rNr�a al ural 275 ala dwr t y ap 11 n r1-1° ua tl $(Repealed by Ordinance No FY16-07, §2p 2015). [Ord. 276 90-39§2,1990.Formerly§17.53.050). 277 278 279 Chapter 17.40 280 WH—WILDLIFE HABITAT DISTRICT 281 ... 282 283 17.40.040 Prohibited use. 284 The following land uses 'u pro prohibited: Vrre a°mal w w�� w thOU911r n-Illcurrru-IIr m -II 285 k noug1lhm. 286 A.Uvestoclk graziinn tfarounolha a loose from the rourfha aind 287 t3.Rec allonal vehlclle oairlks, 288 [Ord.81-43-0§1, 1981 Formerly§117,111,040]. 289 290 291 292 Chapter 17.50 293 C CONSERVATION DISTRICT 294 295 296 17.50.040 Conditional uses. 297 The following land uses and activities may be allowed by obtaining a conditional use 298 permit in accordance with the provisions of Chapter 17.200 KIM Kodiak Island Borough,Alaska Ordinance No FY2016-07 Page 6 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 97 of 169 AGENDA ITEM #' . . 299 A.All of the conditional uses in the NU natural use zoning district; 300 B.Airstrips; 301 C Commercial livestock grazing, excluding those areas historically established for 302 livestock grazing as described in KIBC 17,50.020(B),where it is a permitted use; 303 D Lodges that have provisions for more than six clients:. 304 E.Logging camps and timber harvesting support facilities (e.g.. log transfer facilities),. 305 including timber products prooessing facilities; 306 F,Nonrecreational mineral extraction activities and related structures;. 307 G,Seafood processing facilities and related structures;0044 308 M,Transportation and utility facilities not otherwise permitted and not otherwise used in 309 conjunction with permitted uses (e.g , roads„ pipelines„ communications facilities, etc.) 310 and 311 tl. Recreational VehWe Parks.[Ord. 2001-05§4, 2001; repealed and reenacted by Ord.. 312 93-66§2,1993;Ord.84-57-0§1,1984;Ord 82-46-0§2.1982,Formerly§17,13,0401. 313 314 315 Chapter 17.65 316 RD—RURAL DEVELOPMENT DISTRICT 317 318 319 17.56.040 Conditional uses. 320 The following land uses and activities may be allowed by obtaining a conditional use 321 permit In accordance with the provisions of Chapter 17.200 KIBC: 322 A.All of the conditional uses in the NU natural use and C conservation zoning districts; 323 orgl 324 B.Lodges that have provisions for more than 15 clients-;,@U, 325 .__ecre ,gLonatl veh6ctle arlks, (Repeated and reenacted by Ord. 93-67 §2, 1993; Ord. 326 90-03§2.1990.Formerly§17.14.0401. 327 328 329 Chapter 17.60 330 RR2—RURAL RESIDENTIAL TWO DISTRICT 331 332 333 17.60.030 Conditional uses. 334 The following land use may be allowed by obtaining a conditional use permit in 335 accordance with the provisions of Chapter 17.200 KIBC: 336 A.Fireworks stands-Land 337 S.Pecroaf.i;pinal v ffttp Kfg,irl .[Ord.86-27-0§5, 1986;Ord.83-16-0§1, 1983. Formerly ,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................................................... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 338 §17.15,0301. 339 340 341 Chapter 17.65 342 RR—RURAL RESIDENTIAL DISTRICT 343 344 345 17.66.040 Conditional uses. 346 The following land use may be permitted by obtaining a conditional use permit in 347 accordance with Chapter 17.200 KIBC: 348 A.Fireworks stands-;and Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 7 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 98 of 169 A GENDA ITEM #12.A. 349 -B,7R-c-r-e-a-t-o-n-a--vehc- Ir lJOrd.89-31-0§2, 19890 Formerly§17.16.040]. 350 351 Chapter 17.70 352 RRI-RURAL RESIDENTIAL ONE DISTRICT 353 354 355 17.70.030 Conditional uses. 356 The following land use may be allowed by obtaining a conditional use permit in 357 accordance with the provisions of Chapter 17.200 KIBC: 358 A.Fireworks stands-., gfl.d., 359 13.,Recireatl0inall v 360 §1 7-1 TO 3 0-1, !Ly2bjgjfLR§ft[Ord.84-59-0§1, 1984u Ord,83-15-0§2,1983.Formerly 361 - 362 363 Chapter 17.75 364 RI-SINGLE-FAMILY RESIDENTIAL DISTRICT 365 366 367 17.75.030 Conditional uses. 368 The following land uses may be allowed by obtaining a conditional use permit In 369 accordance with the provisions of Chapter 17.200 KIBC: 370 A, Hospitals. 371 B,School%; 372 C, Bed and breakfasts.-uouj 373 D.Vacation homes:and 374 ,BMJOrd.FY2007-08-0§9.2006:Ord.86-27-0§7, 1986 Ord, 375 83-17-0§2, 1983.Formerly§17.18.030]. 376 377 378 Chapter 17.80 379 R2-TWO-FAMILY RESIDENTIAL DISTRICT 380 Sections: 381 17.80,010 Description and Intent. 382 17.80.020 Permitted uses. 383 17,80.025 Conditional uses. ................ ....................................... 384 0 3 0................A'r''e a r"e"q"u"l"r'e"m"e"n"t"s'. 385 17.80,040 Yards. 386 17.80.050 Building height limit. 387 17.80.060 Public service requirement. 398 389 390 17.60-025 Conditional fuses. 391 The followl land use maws bu Dermitti,1,!!1" fair obtaiinlrn a conditional use It In 392 accordance with Cha for 17.200 KIBC- 393 AA.Recreational vehic Ille parks. 394 395 396 Chapter 17.85 397 R3-MULTIFAMILY RESIDENTIAL DISTRICT 398 Sections.. Kodiak Island Borough,Alaska Ordinance No,FY2016-07 Page 8 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 99 of 169 AGENDA ITEM #12.A. 399 17,85.010 Description and intent. 400 17.85,020 Permitted uses. 401 1IA5,025 Conditional uses. 402 1785W0 Area requirements. 403 1785040 Yards. 404 17.85.050 Building height limit. 405 17.85.060 Public service requirement. 406 117.85W0 Group housing. 407 17.85-080 Site plan requirement. 408 409 410 17.85.025 CondWonal uses. 411 The foltowlirno land use mmay tie Ia9irnnit4edr obtainlrnrr a conditlirmal It In 412 accordance with Chanter 17.200 KIBC. 413 414 415 416 Chapter 17.95 417 RNC—RURAL NEIGHBORHOOD COMMERCIAL DISTRICT 419 419 420 17.95.040 Conditional uses. 421 The following land uses and activities may be allowed by obtaining a conditional use 422 permit in accordance with the provisions of Chapter 17.200 KIBC: 423 A.Institutional facilities (e g,,, hospitals, fire stations, group homes, correctional facilities, 424 etc.)., ,aod 425 B.Utility and service uses(e.g.;,substations)-.Land 426 C.Recreational Vehlirle Parks. [Ord.92-13§3,1992.Formerly§17.22.0401. 427 428 429 Chapter 117.1100 430 UNC—URBAN NEIGHBORHOOD COMMERCIAL DISTRICT 431 432 433 17.100.040 Conditional uses. 434 The following land uses and activities may be allowed by obtaining a conditional use 435 permit In accordance with the provisions of Chapter 17.200 KIBC: 436 A.Animal hospitals,veterinary clinics,and boarding kennels: 437 B.Automobile service stations; 438 C. Churches; 439 D.Commercial recreation facilities(e.g.,racquetball courts,health clubs,Ice rinks,etc.): 440 E.Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, 441 etc.);arW, 442 F,Utility and service uses(e.g.,substations,etc.).I and 443 "C"; R a c i'r e a I I o n"a I V" a-ii'11 c I e P'a r"k s,,, [Ord.92-13§4, 1992.Formerly§17.23.0401. 444 445 446 Chapter 17.106 447 1—INDUSTRIAL DISTRICT 448 Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 9ol'12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 100 of 169 AGENDA ITEM #12.A. 449 450 17.105.020 Conditional uses. 451 The following uses may be permitted by obtaining a conditional use permit in accordance 452 with the provisions of Chapter 17.200 KIBC: 453 A.Acetylene gas manufacture or storage; 454 B.Ammonia,bleaching powder or chlorine manufacture; 455 C.Cement,concrete,time and plaster manufacture; 456 D.Chemical bulk storage and sales; 457 E.Garbage disposal sites,dumps and sanitary landfills;-,rwO 458 F.Petroleum or flammable liquid production,refining or storage,,,Land 459 ,,,,f,,,;,,,, gglreaki l:lM.!!,,�s�m,�f E� lg,p, e;, M.,, [ord.81-40-0§2,1981.Formerly§17.24.020]. 460 461 462 Chapter 17.110 463 RB—RETAIL BUSINESS DISTRICT 464 ... 465 466 17A10.040 Conditional uses. 467 The following land uses and activities may be allowed by obtaining a conditional use 468 permit in accordance with the provisions of Chapter 17.200 KIBC: 469 A.Automobile and boat sales,storage,and repair; 470 B.Churches; 471 C,Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, 472 etc.);, 473 D.Outdoor storage, when screened by a sight-obscuring fence a minimum of six feel in 474 height; 475 E.Utility and service uses(e.g.,substations,etc.); 476 F.Warehouses;and 471 G.Wholesaling and distributing operations(excluding bulk fuel operations)-.Land 478 H.IBecreatloirnall Vehicle Parks. [Ord.92-13§5,1992.Formerly§17.25.0401. 479 ... 480 481 Chapter 17.120 482 LI—LIGHT INDUSTRIAL DISTRICT 483 484 485 17.120.040 Conditional uses. 486 The following land uses and activities may be allowed by obtaining a conditional use 487 permit in accordance with the provisions of Chapter 17.200 KIBC: 488 A.New airports (when a facility is granted a CUP, all aviation-related uses will be 489 considered permitted uses); 490 B. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, 491 etc.);;i,iw l 492 C,Junkyards and salvage yards-LR.,1011, 493 D.Recir�ational ms;phll,lrle amk,I, 140IMIO�lr 494 495 496 Chapter 17.130 497 PL—PUBLIC USE LANDS DISTRICT 498 Kodiak Island Borough,Alaska Ordinance No,FY2016-07 Page 10 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 101 of 169 AGENDA ITEM 92.A. 499 500 17.130.030 Conditional uses. 501 The following land uses may be allowed by obtaining a Conditional use permit in 502 accordance with the provisions of Chapter 17.200 KIBC 503 A.Airports; 504 B.Correctional facilities;. 505 C. Dormitories; 506 D.Governmental maintenance and service facilities and storage yards; 507 E.Natural resource extraction; 508 F.Solid waste disposal sites; and 509 G.Radio and television transmitters*L ru�od 510 l4--I.lRa ireatioinal vehiclie„psnirllrs„[ lrnl 8340-10§2, 198 511 512 513 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 514 THIS DAY OF 2015 515 516 KODIAK ISI-AND BOROUGH 517 518 519 520 Jerrol Friend,Borough Mayor 521 ATTEST 522 523 524 525 Nova M.Javier,MMC,Borough Clerk 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page I I of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 102 of 169 J4GENDA ITEM #12.A. 546 ,� I „ : ...... 547 ��maa�°a^uaf � I� uad�mm� wfa � �� a�� u �a ��ual ikimuaa�:��W 548 � � �akrwwIwir, 549 Rndl,rwg&of c* 550 al iw&A i t1rowu"T'Nl nuaid, 551 Kraid4 -TM,4we-dV-K§Grf' a 401; 552 . ir'vged A jmn"'�- 553 2 T4ara„rr r r ai lrgwaa,,.T,7-42&4;-464,.raa 4-,'A ,arm Wa.: 46 554 raga iota;ula rrealrawuf lrr as iaaa a-1 r rarrl '9a dar&rarr.,,raau rwP a daha ° sa 555 F d ara ONO aalW"143. 556 Iai ,,,arraraan-r�aalwlaa ,1plalrmirar.. r, W,..ll - aaalaaaWV.raa;awla °yfgarrGwia1 - 1f1". 557 oraa•rwrmwanr��arrl� w�ullualamlalrs arkllr�a�iaw µ 1riw4 � �a,n�c�°� l �m 558 luaaaaau wal w aaraFulr �1 aria ralhau, araaa uai 559 ., lwmafa,G 'wirra aarr,L farlmaa aaarana`a aaavr",rarrnarwrraaaWaalawurwa�rla - nrwaawvrrun!alab 560 7.17ra -drl �9a4li"1la�aua�ar��ftlwll Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 12 of 12 Ordinance No. FY2 1 - 7 Amending Kodiak Island Borough Code ... Page 103 of 169 AGENDA ITEM #12.A. Kodiak Island Borough Community*Development Department 790(Hill Bay Load Kodiak,Alaska 96615 .: y® Rhone(907)486-9363 Fox( 7)486-9396 ftqt.kod1akak.us Memorandum November 24,2015 o® Borough Mayor and bly Cc: Borough Manager From: Robert H.Pedersm&P-DirectwW RE: Ordinance No, 9 7 l Vehicle achanges This memo is to surn adze the proposed changes to the zoning code requirements for recreational vehicle parks in the Kodiak Island Borough. Background RV arks are governed by Chapter 17.165 KIBC. The currant version of the code for this type of land use was last amended in 1990(Ord.90-39).The Planning Zoning Commission initialed a review of these regulations as part of their efforts to address the regulatory aspects of housing options In the borough. Summary of Changes efinition ° Current code has conflicting definitions for RV parks (see KIBC 17.25.1 90 an 17°165. 20).This conflict was created with the 1990 amendments parks. As proposed, an RV parkis defined as any property it 2 or more RV spaces.This Is consistent with the existing definition in 17.25.190. This definition conflicts with KIBC 17.165.020,which defines are RV parkas 10 or more spares.The proposed ordinance ill eliminate this conflict. Ordinance o.F1f16®07 also moves all definitions related to recreational vehicles to the definitions chapter of Title 17. The ordinance also defines that an RV park now has e option of Including an area designated for camping. Location, Ordinance 16-07 Amending KodiakIs „a Page 104 of 169 AGENDA ITEM A. e Current code lists RV parks as a conditional use In all zoning ist' ts, however, this language Is not found in the list of conditional uses for each zoning is ct.This update ill correct this omission. In addition, RV parks will be listed as a prohibited use in the Natural Use LI),Watershed (W), and Wildlife Habitat )zoning districts, as these districts generally prohibit residential uses. evelo ent Stan r s. recommends a number of changes to development standards for RV parks, including: o Graft KIBC 170165. .1 increases RV space width from 20 to 25 feet. This change will allow spaces to accommodate larger RVe and RVe with slide-outs. • Draft 17.165.040AS allows RV parks to contain an area for RV camping,provided at area meats specific development requirements. • Draft 17.165.040.E updates RV space distancerequirements from propertylines.This change will ensure adequate buffers betweens s and adjacent properties. e Draft 17.165.040.F updates taration requirements between RVs.This chane will ensure adequate fire separation and access byemergency r ers. a The open space and play area requirements of KISC 17.165,040.G are eliminated. gi Draft 17.165.D40.G eliminates the requirement for six foot high fifty percent sight obscuring screening and allows the Commission to require that a fence,wall, or hedge be established and maintained if It Is determined that such screening is warranted, ® Draft KIBC 17.155.0,40.1-1 requires that all recreational vehicles be connected to public sewer awater or ADEC approved water and wastewater disposal systems. • The current KIRC 17.165.040.1 requirement to provide separate toilet and shower facilities Is eliminated,due to the above requirement. o The current KIBC 17,165,040.K requirement fora waste disposal station is eliminated, as RVs must be connected to public sewer and water or are ADEC approved water and wastewater disposal systems. • Development standard for camping areas with RV parks are established. KIBG 17-165.045. Vs gn Individual Lots. Current code limits use of an RV on an Individual lot to 160 days Win one extension, in conjunction with construction of a residence. e draft Increases this time to one year® with annual renewals for up to 5 years®The maximum occupancy for an RV(without a corresponding contruction it)Is Increased days to 120 day& Action. held 6 worksessions and 2 public hearings an these changes. recommends approval of the changes. Ordinance 16-07 Amending Kodiake 105 of 169 AGENDA ITEM 1 . 413 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING°NOVEMBER 18,,2015 !.aLasxw SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case Title:Amending the Recreational Vehicle Park Standards of KIBC Title 17(Zoning). Request:An ordinance amending KIBC Chapters 17.25(Definitions)and 17.165(Recreational Vehicle Parks)to revise and update the standards for recreational vehicle parks In the Borough. This ordinance will also amend the following KIBC Chapters 10 specifically list recreational vehicle parks as a conditional or prohibited use: • 17,40(WH-Wildlife Habitat District) + 17,50(C-Conservation District) ® 17,55(RD-Rural Development District) + 17,60(RR2-Rural Residential Two District) • 17,65(RR-Rural Residential District) ® 17..70(RR1-Rural Residential One District) . 17.75(R1-Single-family Residential District) • 17,80(112-Two-family Residential District) • 17„85(R3-Multi-family Residential District) • 17.95(RNC-Rural Neighborhood Commercial District) • 17..100(UNC-Urban Neighborhood Commercial District) • 17.105(I-Industrial District) • 17.110(RB-Retail Business District) • 17.120(Ll-Light Industrial District) • 11713 I Use Lands„Dislri� ryryrym„ y DATE: November 3,2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 18,2015 Regular Meeting APPLICANT; Kodiak Island Borough LOCATION: Borough-wide ZONING: Varies STAFF COMMENTS At the September 16, 2015 regular meeting, the Commission postponed the proposed amendments to the recreational vehicle park standards of KIBC Title 17(Zoning)to the October 21, 2015 regular meeting. Due to a lack of quorum on October 21, 2015, the proposed amendments were further postponed to the November 18,2015 regular meeting. At their October 14, 2015 work session, the Commission further reviewed the proposed amendments and recommended the additional changes shown below(removed language in red strikethrough,added language in bold blue). • Lines 94-95: A recreational vehicle park may include an area designated for ii:61Gfeikhomd yeLAe camping. • Lines 110-111: 17.165.045 Development standards for recreational vehicle camping user, areas In irecreationall velhicle parks. RV Peek Code Amendmerd Supplemental Slur Report and Recanmendelion Ordinance No. BY2016-07 Amending Kodiak Island Borough Code ... Page 106 of 169 ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:NOVEMBER 18„2015 o`r. ALAaNA • Lines 116-118: It is also the intent of [his chapter to provide locations and acceptable standards for the temporary use of recreational vehicles lair-y4c,1Ili irc;ind I UmAs. • Lines 179-180:A recreational vehicle park may contain an area designated for i*Giea:iiion,:!II vr,l4k'jms camping,provided such area meets the requirements of KIBC 17,165.045. • Lines 196-199: The planning and zoning commission may require that a fence, wall, or hedge be established and maintained between the recreational vehicle park and any other lot or land use r Br#jq.GojtU+Pl �&,�Df k�.:Wla-F Rjed, • Lines 219-220: The following development standards shall be met or exceeded by all recreational vehicle parks with an area designated for ro,i'ddUNibluon au ve xga camping, • Lines 236-238:Well-drained, gravel-surfaced roadways, not less than 12 feet in width for one-way traffic and not less than 20 feet In width for two-way traffic,shall provide access to each campsite. • Lines 248-248: Extensions in one year increments for ino more than five years will be permitted by staff if there has been progress made towards the completion of the permanent dwelling unit. The attached draft ordinance shows all changes to date. This ordinance should be substituted for the version distributed to you for the September 16,2015 public hearing. RV Pack Code Amendment S eftl sleff ReMd and Re=nmendalkxi Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 107 of 169 ITEM #12.A. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:NOVEMBER 18,2015 �y. aLwsrt'w RECOMMENDATION Staff recommends that the attached ordinance be substituted for the version provided for the September 16,2015 public hearing. PRIOR MOTIONS MAIN MOTION COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks),and related Chapters of Title 17(Zoning)to revise and update the standards for recreational vehicle parks in the Borough and to specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for this cede amendment and to delete the word'uniform"from Line 240 of the proposed ordinance. MOTION TO AMEND COMMISSIONER CROW MOVED TO AMEND the Chapter 17.100 to allow Urban Neighborhood Commercial and to allow Rural Neighborhood Commercial Districts to be unconditional and further amend 17.165.030 to allow those changes(no vole was taken on this motion). MOTION TO POSTPONE COMMISSIONER SCHMITT MOVED TO POSTPONE the consideration of the RV code amendment to the October 2i„2015 regular meeting(this motion passed). PROPOSED MOTION FOR NOVEMBER 18,2015 Should the Commission agree with the staff recommendation,the appropriate motion I& Move to amend, by substitution, the attached ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17(Zoning). Staff recommends this motion be approved. FINDINGS OF FACT(KIBC 17.205.020) 1, There is a growing need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address this multi-faceted issue. 2, The amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC are intended to ease the regulatory burdens associated with establishing a new recreational vehicle park or expanding an existing recreational vehicle park. 3 The amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically,affordable housing. 4. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC. RV Park code Amerdmerd suppWmerM staff Report and Remrrmerdation Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 108 Of 169 AGENDA ITEM . PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETINGNOVEMBER 18,,2015 i wt-waKw SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case Title:Amending the Recreational Vehicle Park Standards of KIBC Title 17(Zoning). Request:An ordinance amending KIBC Chapters 17.25(Definitions)and 17,165(Recreational Vehicle Parks)to revise and update the standards for recreational vehicle parks in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list recreational vehicle parks as a conditional or prohibited use. • 17,40(WH-Wildlife Habitat District) • 17.50(C-Conservation District) • 17,55(RD-Rural Development District) • 17,60(RR2-Rural Residential Two District) • 17.65(RR-Rural Residential District) • 117,70(RR1-Rural Residential One District) • 17.75(R1-Single-family Residential District) e 17.80(112-Two-family Residential District) • 17,.85(R3-Mufti-family Residential District) • 17.95(RNC-Rural Neighborhood Commercial District) • 17.100(UNC-Urban Neighborhood Commercial District) • 17.105(1-Industrial District) • 17.110(RB-Retail Business District) • 17.120(LI-Light Industrial District) • 17 130 SPL Public Use Lands E]isirict yyy DATE: October 8,2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the October 21,2015 Regular Meeting APPLICANT: Kodiak Island Borough LOCATION: Borough-wide ZONING: Varies STAFF COMMENTS At the September 16,2015 Planning and Zoning Commission regular meeting,the Commission postponed the proposed amendments to the recreational vehicle park standards of KIBC Title 17(Zoning)to the October 21,2015 regular meeting. At the October 7,2015 Planning and Zoning Commission special work session,the Commission further reviewed the proposed changes and recommended the following additional change (highlighted in yellow)to KIBC 17.165.050.A(Recreational vehicles on individual lots): • djjY6 Extensions In one year increments will be permitted by staff if there has beenlost nliia:l progress made towards the completion of the permanent dwelling unit. This change is reflected on lines 257 and 258 of the attached draft ordinance. October RV Peak code Amendmern SupplemenW staff Repon end Reeanm Ordinance No. FY2016-07 Amending Kodiak Island Borough Cade ... Page 109 of 169 AGENDA ITEM . MP PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING:NOVEMBER 18,2015 i wt,®attw RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion is: Move to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17(Zoning)to revise and update the standards for recreational vehicle parks in the Borough and 10 specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff report entered into the record for this case as`Findings of Fact'for this code amendment. FINDINGS OF FACT(KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options In Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address this multi-faceted issue. 2. The amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC are Intended to ease the regulatory burdens associated with establishing a new recreational vehicle park or expanding an existing recreational vehicle park. 3. The amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically,affordable housing. 4. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25,17.165,and related Chapters of Title 17 Ki BC. October RV Park Coco Amwftent SuMennental Start Repon and Recom Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 110 of 169 AGENDA ITEM #12.A. Kodiak Island Borough Draft Planning & Zoning Commission Minutes Applicable to RV Park Zoning Code Amendments November 18,2015 6:30 p.m.in the Assembly Chambers PUBLIC HEARINGS A) Amending the Recreational Vehicle Park Standards of KIBC Title 17 Zoning (postponed from the September 16, 2015 regular meeting).. Request an ordinance amending KIBC Chapters 17.25(Definitions)and 17.165 (Recreational Vehicle Parks)to revise and update the standards for recreational vehicle parks in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list recreational vehicle parks as a conditional or prohibited use: 17.40(111tH-Wildlife Habitat District) • 17.50(C-Conservation District) • 17.55(RD-Rural Development District) • 17.60(RR2-Rural Residential Two District) • 17.65(RR-Rural Residential District) • 17.70(RRi-Rural Residential One District) • 17.75(RI-Single-family Residential District) • 17.80(112-Two-family Residential District) • 17.85(R3-Multi-family Residential District) • 17.95(RNC-Rural Neighborhood Commercial District) 17.100(UNC-Urban Neighborhood Commercial District) • 17.105(I-Industrial District) • 17.110(RB-Retail Business District) • 17.120(LI-Light Industrial District) • 17.130(PL-Public Use Lands District) The applicant Is the Kodiak Island Borough.The location Is borough-wide and the zoning varies. The motions on the table made at the September 16,2015 regular meeting were: Main Motion on Table: COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions),17.65 KIBC(Recreational Vehicle Parks),and related Chapters of Title 17(Zoning) to revise and update the standards for recreational vehicle parks in the Borough and to specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff report entered Into the record for this case as"Findings of Fact"for this code amendment and to delete the word'uniform"from Line 240 of the proposed ordinance. Amendment on Table: COMMISSIONER CROW MOVED TO AMEND the Chapter 17.100 to allow Urban Neighborhood Commercial and to allow Rural Neighborhood Commercial Districts to be unconditional and further amend 17.165.030 to allow those changes. Jack Maker stated at the September 16, 2015 regular meeting, the Commission postponed these proposed amendments to the October 21,2015 regular meeting. Due to a lack of quorum at that meeting, the proposed amendments were further postponed to the November 18, 2015 regular meeting. At the October 14, 2015 work session, the Commission further reviewed the Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 111 of 169 AGENDA ITEM W.A. proposed amendments and recommended additional changes.Those changes are incorporated In to the revised ordinance provided in the written staff report. Staff recommends the revised ordinance be substituted for the version provided for the September 16,2015 public hearing If the commission agrees with staff the appropriate motion is: COMMISSIONER SCHMITT MOVED TO AMEND by substitution the attached ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17(Zoning). Close regular meeting&open public hearing: None Close public hearing&open regular meeting: During discussion then;was consensus for approval.Concern about the Industrial zone being included and the need for long term planning re:availability of sites zoned Industrial and retaining them for industrial activities,and currently being an unconditional use. FINDINGS OF FACT(KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address this multi-faceted issue. 2. The amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are Intended to ease the regulatory burdens associated with establishing a new recreational vehicle park or expanding an existing recreational vehicle park. 3. The amendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 4 The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25. 17.165,and related Chapters of Title 17 KIBC, ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 112 of 169 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-C I( P&Z REGULAR MEETING SEPTEMBER 10,2015 STAFF REPORT AND RECOMMENDATION Case Title:Amending the Recreational Vehicle Park Standards of KIBC Title 17(Zoning). Request,An ordinance amending KIBC Chapters 17.25(Definitions)and 17.165(Recreational Vehicle Parks)to revise and update the standards for recreational vehicle parks In the Borough. This ordinance will also amend the following KIBC Chapters to specifically list recreational vehicle parks as a conditional or prohibited use: * 17,40(WH-Wildlife Habitat District) * 17.50(C-Conservation District) ® 17.55(RD-Rural Development District) ® 17.60{R2-Rural Residential Two District) * 17,65(RR-Rural Residential District) ® 17,,70{ 1-Rural Residential One District) * 17.75(R1-Single-family Residential District) * 17,,80(R2-Two-family Residential District) * 17.65(113-Multi-family Residential District) * 17,95(RNC-Rural Neighborhood Commercial District) ® 17.1 (UNC-Urban Neighborhood Commercial District) * 17-105(I-Industrial District) ® 17,1110(RB-Retail Business District) * 17.120{LI-Light Industrial District) * 17.130(PL-Public Use Lands District DATE: September 11„2015 TO: Planning and Zoning Commission FROW Community Development Department SUBJECTInformation for the September 16,2015 Regular Meeting APPLICANTiak Island Borough LOCATION: Borough-wide ZONING: Varies APPLICABLE REGULATIONS: The following sections of Title 17(Zoning)of the Borough Code are applicable to this request: 17.205.01I0AUjb"rit . 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.[Ord.83-58-0§1,1983.Formerly§17.72.010). 117.205020 Rgpgq from planning and zQning ggirrImissign. 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 fln& RV Park Code Acte,e*nsnits laff RepW"Remnunvndshan Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 113 of 169 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:SEPTEMBER 18.2015 a,, 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.[Ord. 83-58-0§1, 1983.Formerly§17.72.020). STAFF COMMENTS At the September 9, 2015 Planning and Zoning Commission work session, the Commission requested that staff draft an ordinance and findings of fact to amend the recreational vehicle park standards of KIBC Title 17(Zoning). The attached draft ordinance contains the proposed changes to Chapters 17.25 KIBC (Definitions), 17,165 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17 (Zoning). The changes (shown In bold/64r*ethfough formal) reflect the discussions at recent P&Z work sessions to address Title 17 (Zoning) regulatory requirements for new or expanded recreational vehicle parks. The draft ordinance also contains findings of fact In support of forwarding the ordinance to the Borough Assembly with a recommendation for approval. SUMMARY OF CHANGES As drafted, the regulations will modify several development standards for recreational vehicle (RV)parks. The following Is a summary of the proposed changes: • Draft KIBC 17,165,010 (intent) is updated to Include the provision of locations and acceptable standards for the temporary use of recreational vehicles by visitors and tourists (previously listed In KIBC 17 165.050.G) • The definitions for recreational vehicle, recreational vehicle park, and recreational vehicle space are removed from Chapter 17,165 (to eliminate duplication with definitions listed in KIBC 17 25 190)and the definitions listed in KIBC 17.25.190(R Definitions)are updated. • Draft KIBC 17,165 035 lists RV parks as a prohibited use In the NU-Natural Use. W- Watershed,and WH-Wildlife Habitat zoning districts. KIBC 17.165.030 currently lists RV parks as a conditional use In all zoning districts. The consensus of the Commission Is that RV parks are not an appropriate land use In the above districts, • The following development standards for RV parks are updated: * Draft KIBC 17,165.040.D.1 increases RV space width from 20 to 25 feet. This change will all spaces to accommodate larger RVs and RVs with slide-outs. * Draft 17.165.040.D.4 eliminates the ability for anyone to locate an RV In an RV park and rent the RV to another. * Draft 17,165,040,D.5 allows RV parks to contain an area for RV camping, provided that area meets specific development requirements(addressed later In this report). Draft 17,165 040.E updates RV space distance requirements from property lines. This change will ensure adequate buffers between spaces and adjacent properties. Draft 17 165.040.F updates the separation requirements between RVs.This change w'll ensure adequate fire separation and access by emergency responders. RV Park Code AmerKknent Staff Repoft and RecommendaWn Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 114 of 169 AGENDA ITEM #12.A. PUBLIC HEAR IPTG ITEM 7-C P&2 REGULAR MEETING:SEPTEMBER 16,2015 G O Y wt®aKa o The open space and play area requirements of KIBC17.165. 0. are eliminated. o Draft 17.165.040.G eliminates the requirement for six foot high fifty percent sight obscuring screening and allows the Commission to require that a fence,wall, or hedge be established and maintained If it is deterrnined that such screening is warranted. o Draft KIBC 17.165.040.H requires that all recreational vehicles be connected to public sewer and water or ADEC approved water and wastewater disposal systems, • The current KIBC 17.165.040.1 requirement to provide toilet and shower facilities is eliminated,due to the above requirement. The current KIBC 17,165.040 J requirement for toilet and shower facility lighting is eliminated,due to the elimination of the above requirement, i The current KIBC 17 165.040.K requirement for a waste disposal station is eliminated, due to the draft KIBC 17,165-040,H requirement for RVs to be connected to public sewer and water or ADEC approved water and wastewater disposal systems. • New development standards for RV camping uses are provided. These standards apply to V dry camping sites where RVs are not connected to public sewer and wafer or ADEC approved water and wastewater disposal systems. The standards limit the length of slay and require additional development In the form of waste disposal stations;toilet and shower facilities,and lighting. The new standards are as folia Draft KIBC 17.165.045(Development standards for recreational vehicle camping uses). The following development standards shall be met or exceeded by all recreational vehicle parks with an area designated for recreational vehicle camping. Compliance with these requirements must be demonstrated prior to the placement or occupancy of any recreational vehicle In the park: A. Each campsite shall contain a level area of at least 600 square feet for erecting camping equipment and one parking space. B. The maximum length of stay for a recreational vehicle Ina camping space is 180 days in a 12 month period. This provision is to prohibit the use of camping areas for permanent or semi-permanent use as a dwelling, G Waste Disposal Station. At least one waste disposal station shall be provided in accordance with stale of Alaska regulations. D. Required Toilet and Shower Facilities.Toilet and shower facilities will be provided as required by the more restrictive of the Borough's currently adopted Uniform Plumbing Code or the state of Alaska public accommodation regulations, Lighting, During the hours of darkness adequate lighting shall be maintained at the entrances to toilet and shower facilities,the waste disposal station,and any park office. F. Roads. ell-drained, gravel-surfaced roadways, not less than 12 feet in width for one-way traffic and not less than 20 feet in width for two-way traffic,shall provide access to each recreational vehicle space G. Solid Waste Management.A solid waste management pian must be provided to and approved by the borough engineering and facilities department staff, RV Park Cnvi a Amimftwo Staff RapM and Re=. nrn atmmro Ordinance 1 -07 Amending KodiakIsland Borough ... Page 115 of 169 AGENDA ITEM #12.A. N PUBLM.HEARING ITEM 7-C P a Z REGULAR MEETWG. SEPTEMBER 18;,2015 6 ' d�r.waKa' • The following standards for RVs on individual lots are updated: o Draft KIRC 17165 050.A increases the time allowed for an RV to be used as a dwelling unit on an individual lot in conjunction with the construction of a permanent dwelling from 180 days to one year. The authorization of a one-time extension by staff (provided progress is made towardsconstruction)is also increased from 180 days to one year. lip Draft KIBC 17 165,050, updates the following: • Eliminates the zoning compliance requirement for parking or otherwise locating of RVs for any purpose other than storage when outside of an RV park This does not apply to RVs used as dwelling units on Individual lots in conjunction with the construction of a permanent dwelling. • Increases the length of occupancy for the above from 60 to 120 days, ■ Requires that available off-street parking not be reduced to less than three spaces when an RV Is occupied as above(current code states two spaces). • Chapter 17, D(WH-Wildlife Habitat District)is amended to list RV Parks as a prohibited use, The WH-Wildlife Habitat District is the only district that specifically lists a prohibited use- Accordingly,RV parks were added as a prohibited use In that district. • Currently, KIBC 17.165,030 is the only reference stating that RV parks area conditional use In all zoning districts. Typically, the permitted and conditional uses for a specific zoning district are listed in the respective code for each district. In an effort to be consistent and provide clarity, the following KIBC Chapters are amended to include RV parks as a conditional use-, D 17.50(C-Conservation District) 13 17,55( -Rural Development District) 17,60( -Rural Residential Two District) r 17,65(R -Rural Residential District) a 17.70(RI-Rural Residential One District) 17 75(Ri-Single-family Residential District) 17.80(112-Two-family Residential District) r 17.85 M-Multi-family Residential District) 17.95(RNC-Rural Neighborhood Commercial District) 17.100(UNC-Urban Neighborhood Commercial District) r 17.105(I-Industrial District) u 17 110(RB-Retall Business District) 17,120(LI-Light Industrial District) 17,130(PL-Public Use Lands District) • Other housekeeping changes are shown in the text of the ordinance. RV Park Code Am art Stat{Repod arta Rewmmendation Ordinance No. FY21 - in Kodiak Island Borough ... Page 116 of 169 AGENDA ITEM #12.A. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:SEPTEMBER 16,2015 RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion Is: Move to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17(Zoning)to revise and update the standards for recreational vehicle parks in the Borough and to Specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed In the staff report entered Into the record for this case as'Findings of Fact"for this code amendment. FINDINGS OF FACT(KIBC 17.205.020) 1. There Is a growing need for additional affordable and workforce housing options In Kodiak. The use of recreational vehicles as temporary housing may he one part of a regulatory solution to address this multi-faceted Issue. 2, The amendments to Chapters 17.25, 17,165,and related Chapters of Title 17 KIBC are Intended to ease the regulatory burdens associated with establishing a new recreational vehicle park or expanding an existing recreational vehicle park, 3 The amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically,affordable housing. 4. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.165,and related Chapters of Title 17 KIBC. RV Park Coft Amendment Staff Repan and Recommendabon Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 117 of 169 AGENDA ITEM #12.A. Kodiak Island Borough Planning & Zoning Commission Minutes Applicable to RV Park Zoning Code Amendments Se d:ember 4B 2015 �mmmm 8 3b o rn in lhg Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the September 16, 2015 regular meeting of the Planning and Zoning Commission at 6:27 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance ROLL CALL Requested excusal was Jay Baldwin due to being sick. Commissioners present were Alan Schmitt, Kathy Drabek, Maria Painter, Scott Arndt, Greg Spalinger,and Kyle Crow, Excused was Jay Baldwin. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Pederson,Jack Maker,and Sheila Smith. C) Case Amending the Recreational Vehicle Park Standards of KIBC Title 17 (Zoning). Request an ordinance amending KIBC Chapters 17.25(Definitions)and 17.166(Recreational Vehicle Parks) to revise and update the standards for recreational vehicle parks In the Borough. This ordinance will also amend the following KIBC Chapters to specifically list recreational vehicle parks as a conditional or prohibited use: • 17.40(WH Wildlife Habitat District) • 17.50(C-Conservation District) • 17.55(RD-Rural Development District) • 17.50(RR2-Rural Residential Two District) • 17.55(RR-Rural Residential District) • 17.70(RR1-Rural Residential One District) • 17.76(R1-single-family Residential District) • 17.80(R2-Two-family Residential District) • 17.65(R3-Muttl-family Residential District) • 17.95(RNC-Rural Neighborhood Commercial District) • 17.100(UNC-Urban Neighborhood Commercial District) • 17.105(I-Industrial District) • 17.110(RB-Retail Business District) 17.120(LI-Light Industrial District) • 17.130(PL-Public Use Lands District) The applicant is Kodiak Island Borough. The location is Borough-wide and the zoning varies. Director Pederson stated this is one of the series of ordinances that has risen from the closure of Jackson's Mobile Home Park.The RV Park ordinance currently has some internal conflicts with the rest of the code and hasn't been updated since 1990. The philosophy was to look at the regulations and see If there is a way to make it a little easier for an RV Park to locate in our 9/16/2015 Planning and Zoning Commission Regular Meeting Minutes Page 1 of 3 Ordinance No. FY2016-07 Amending Kodiak Island Borough Cade ... Page 118 of 169 AGENDA ITE ' .A. community.. None have been located since the ordinance was adopted,one was approved but has not been developed. The specific changes in contemplation is to start working your way through the ordinance in 17.25.1908, the definitions are being placed in the definitions where they belong rather than the RV chapter.The other big change is one of the flaws in this ordinance was that if you look at the lists of permitted or conditional uses for any zoning district you wouldn't see RV Parks mentioned so If someone knew where to find the RV Park chapter you wouldn't know if the use was allowed or not. For development standards the significant changes are that an RV Park make under the proposed changes contain an area designated for RV camping as opposed to short terms in setting out for longer period of time,the eliminates the requirements for open space and play areas in RV Parks,, reduces the requirements for screening or establishes that to be undetermined at the time the RV Park comes in for permitting than later in the process.The other change is the RV chapter contained requirements for toilet and shower facilities even if the RVs are connected to waste water disposal system,either a public sewer or septic tank and water lines. The change gels rid of that requirement that they have to be connected to some public, water, sewer,or waste water disposal systems and they don't have to provide toilet and shower facilities. Another change is If you look on page of 5 of 11 of the ordinance„line 240,the building official said it would be much cleaner if it said the adopted plumbing code rather than the uniform plumbing code,The other change pertains not so much to RV Parks but this chapter Includes the regulations for recreational vehicles on individual tots.The current code allows someone to live in an RV on a lot up to 6 months while building a permanent dwelling and they can get a 6 month extension„ It was the desire of the commission to double those time frames so it could be a year with a year extension to give people more time when building out of pocket. COMMISSIONER SCHM117 MOVED to recommend that the Assembly of the Kodiak island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chapters of Title 17 (Zoning)to revise and update the standards for recreational vehicle parks in the Borough and to specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff report entered Into the record for this rase as"Findings of Fact"for this code amendment and to delete the word"uniform"from Line 240 of the proposed ordinance. Close regular meeting&open public hearing: None Close public hearing&open regular meeting: COMMISSIONER CROW expressed concern of the Issue of the draft code effort last winter was that people didn't have a clear Idea of what to do to achieve compliance and had to seek a determination from the department, In this revision of the RV codes it will only allow them as a conditional use and believes that clear directions on how they must be constructed and must have not for all areas but for at least allowing them to be placed in a couple areas,specifically into Urban Neighborhood Commercial and Rural Neighborhood Commercial Districts and they would be conditional uses in every other district or zone.The need to have a clear set of directions that are easy to understand for whoever wants to do something whether it's an RV Park or anything else in the borough.They can come in,pay the fee,and get the stamp to do the job of what they want to do on their private property.There could be public hearings for the other areas but in certain cases without having to come before the staff to make their determination puts them in some discomfort and creates consternation amongst the community COMMISSIONER CROW MOVED TO AMEND the Chapter 17.100 to allow Urban Neighborhood Commercial and to allow Rural Neighborhood Commercial Districts to be unconditional and further amend 17.165.030 to allow those changes. 9/16/2015 Planning and Zoning Commission Regular Meeting Minutes Page 2 of 3 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 119 of 169 AGENDA ITEM #12.A. COMMISSIONER PAINTER stated she noticed an error, the Business District, 17,90 was not included In the conditional use or prohibited use,what is the reason. Maker staled the Business zoning district is the only zoning district that specifically lists RV Parks as a conditional use already. COMMISSIONER SCHMITT stated some people may not be comfortable that an RV Park may be allowed in a particular zoning district.We aren't changing anything in the current code other than prohibiting it in the Wildlife Habitat, Conservation Districts but it's already a conditional use In all the other ones and if we're going to permit it in a new one it would be appropriate to give people notice if they wanted to be heard. Director Pederson stated currently RV Parks are a conditional use In all zoning districts.Mr. Craws motion to amend seeks to modify that to make it a permitted use.He's comfortable with it going to the assembly because we aren't eliminating a permitted use. People will have the opportunity to speak at the assembly level. COMMISSIONER SCHMITT said the fact that it's already a conditional use in so many of the zoning districts and the way the code was drafted you would really have to dig to find that out. We're Just making it Gear by listing it in each of the various code sections that deal with the various zoning districts.Many RV's today have plumbing facilities within them and can easily be hooked up to existing water and sewer connections in RV Parks. If someone is going to go through the expense of putting in that it would seem burdensome to the commission under the current code to also require that they construct a stand-alone shower and bath facility If all they are doing is accommodating RVs that have those things anyway.There are RV Parks where people could do tent camping or some RVs do not have a self-contained bathroom facilities so people would need to make use of some kind of sanitation facilities.Those types of parks are still going 10 be required to have a dump station and bathroom facilities. COMMISSIONER CROW slated he hates putting the public through the situation where they have to come in and whoever happens to be sitting here on any particular time will say we'll know it when we see it. It's almost like dangling a carrot and playing with them because there's always going to be some contention and some disagreement and he would like it to be Gear cut and simple,if you do these things you can't do them anywhere else but you can do them right here- Director Pederson said if you do what Crow mentioned there's a corresponding reference In 17.165.030 that we need to put language back in,. CHAIR ARNDT slated it's In his motion. Brief discussion on moving forward,postponing. COMMISSIONER SCHMITT MOVED TO POSTPONE the consideration of the RV code amendment to the October 21,2015 regular meeting. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS SCHMITT, DRABEK,ARNDT,SPALINGER,AND CROW. The no was COMMISSIONER PAINTER. 9/16/2015 Planning and Zoning Commission Regular Meeting Minutes Page 3 of 3 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 120 of 169 AGENDA ITEM W.B.I. KODIAK ISLAND BOROUGH AGENDA STATEMENT " JANUARY 7,2016 ASSEMBLY REGULAR MEETING JY+� TITLE: Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13:Kodiak Island. ORIGINAT Karl Short OR: FISCAL IMPACT: Yes$255,743 FUNDS AVAILABLE~: Revenue Account Number: 100-000 335.132 Amount Budgeted: SUMMARY STATEMENT: The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities.Applications must be submitted annually by municipalities to receive an allocation from the program. This resolution will allow the Kodiak Island Borough to submit its application for the FY2016 Shared Fisheries Business Tax Program using an alternative method.The resolution indicating approval of the application is a required portion of the application. The FY2016 Shared Fisheries Business Tax allocation will be based on the population of each of the cities within the borough,and the Borough's allocation will be based on the total population of the Borough less the population of each of the cities. Last year Kodiak Island Borough received$60,771.55 as their share.The total allocation to The Kodiak Area FMA for FY2015 was$193,352. For FY2016 Kodiak Island Borough is slated to receive$80,882.25 and the total allocation to the Kodiak Area FMA for FY2016 is $255,742.52 RECOMMENDED MOTION: Move to adopt Resolution FY2016-22. Kodiak Island Borough Resolution No. FY2016-22 Adopting an Alternative Allocation ... Page 121 of 169 AGENDA ITEM #13.B.1. 1 Introduce by: Manager Cassidy 2 Requested by7 Finance Diredur 3 Drafted by; Finance Diredw Introduce on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2016-22 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE 11 FY16 SHARED FISHERIES BUSINESS TAX PROGRAM AND 12 CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY 13 REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF 14 FISHERIES BUSINESS ACTIVITY IN FMA 13:KODIAK ISLAND 15 16 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY16 17 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 18 Department of Commerce,Community, and Economic Development that the municipality 19 suffered significant effects during calendar year 2014 from fisheries business activities; 20 and 21 22 WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to 23 eligible municipalities located within fisheries management areas specified by the 24 Department of Commerce,Community,and Economic Development;and 25 WHEREAS, 3 AAC 134.070 provides for the use,at the discretion of the Department of 26 Commerce, Community, and Economic Development, of alternative allocation methods 27 which may be used within fisheries management areas if all eligible municipalities within 28 the area agree to use the method, and the method incorporates some measure of the 29 relative significant effect of fisheries business activity on the respective municipalities in 30 the area;and 31 WHEREAS, the Kodiak Island Borough proposes to use an alternative allocation method 32 for allocation of FY16 funding available within the FMA 13:KODIAK ISLAND in agreement 33 with all other munUpatitles in this area participating in the FY16 Shared Fisheries 34 Business Tax Program. 35 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 36 ISLAND BOROUGH that by this resolution certifies that the following alternative allocation 37 method fairly represents the distribution of significant effects during 2014 of fisheries 38 business activity in FMA 13:KODIAK ISLAND: 39 All municipalities share equally 50°x6 of allocation;all municipalities share remaining 50°x6 40 on a per capita basis. 41 The Kodiak Island Borough population is reduced by the population of the Cities of 42 Akhiok,Kodiak,Larsen Bay,Old Harbor,Ouzinkie&Port Lions Kodiak Island Borough,Alaska Resolution No.FY2016-22 Page i of 2 Resolution No. FY2016-22 Adopting an Alternative Allocation ... Page 122 of 169 #13.B.9. 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF JANUARY,2015 45 46 KODIAK ISLAND BOROUGH 47 48 49 50 ATTEST: Jerrol Friend,Borough Mayor 51 52 53 54 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough„Alaska Resolution No.FY2016-22 Page 2 of 2 Resolution No. FY2016-22 Adopting an Alternative Allocation ... Page 123 of 169 AGENDA ITE #13.B.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 7,2016 U ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed$1,815,000 To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds,Authorizing Their Sale,And Providing For Related Matters ORIGINAT Karl Short OR: FISCAL IMPACT: Yes FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: On October 6,2009 Kodiak Island Borough voters approved the sale of$76,310,000 in general obligation bonds for the expansion and renovation of the Kodiak High School facility. This resolution approves the sale and sets certain details of these bonds.This is the fifth sale of bonds related to the project,the previous four sales add up to$65,000,000 and there is $11,310,000 remaining unissued at this time. This bond issue is reimbursable by the State of Alaska at 70% RECOMMENDED MOTION: Move to adopt Resolution FY2016-23 Kodiak Island Borough Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 124 of 169 AGENDA ITEM #13.B.2. CERTIFICATE OF CLERK 1, NOVA JAVIER, Clerk of the Kodiak Island Borough(the'Borough"), HEREBY CERTIFY that the document attached hereto Is an accurate and complete copy of Resolution No.FY2O16-23 of the Borough adopted by the Borough Assembly at a meeting duly called and held_'2016, and that Resolution No, FY2016-23 has not been modified,amended,repealed,or rescinded, but Is In full force and effect on the date hereof. IN WITNESS WHEREOF, I have executed this certificate this_day of 2016 NOVA M.JANAER,MMC; Borough Clerk Kodiak Island Borough Resolution No. FY2016-23 Of The Kodiak Island Borough Assem b... Page 125 of 169 ITEM . Introduced by- BO-0 mansaw Requested by. F' ®icor Drafted by' Bond Gaussel Introduced- 0110712016 A 1 KODIAK ISLAND BOROUGH,ALASKA 2 RESOLUTION NO.FY2016-23 3 4 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 5 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION 6 SCHOOL BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED 7 $1,815,000 TO PROVIDE FUNDS FOR SCHOOL AND RELATED 8 CAPITAL IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS 9 OF ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH 10 BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR 11 RELATEDMATTERS 12 13 WHEREAS, pursuant to Ordinance No.FY2010-03 of the Kodiak Island Borough,Alaska(the 14 'Borough'),adopted August 6,2009,a question whether the Borough should issue not to exceed 15 $76,310,000 in general obligation bonds for the purpose of paying the cost of planning,designing, 16 and constructing school and related capital improvements in the Borough, Including without 17 limitation, the reconstruction and renovation of the Kodiak High School, referred to the regular 18 Borough election held on October 6, 2009, as Proposition No. 1 ('Proposition 1'),was passed 19 and approved;and 20 21 WHEREAS, pursuant to Resolution No. FY2011-18, the Borough issued its General 22 Obligation School Bond,2011 Series A,as a general obligation bond referred to In Proposition 1, 23 which bond produced net proceeds of 58,000,000;and 24 25 WHEREAS, pursuant to Resolution No. FY2013-26, the Borough Issued its General 28 Obligation School Bond, Series 2013,as a general obligation bond referred to in Proposition 1, 27 which bond produced net proceeds of$25,000,000;and 28 29 WHEREAS, pursuant to Resolution No. FY2014-24, the Borough issued its General 30 Obligation School Bond,2014 Series A,as a general obligation band referred to In Proposition 1, 31 which band produced net proceeds of$25,000,000;and 32 33 WHEREAS, pursuant to Resolution No. FY2016-05, the Borough issued its General 34 Obligation School Bond,2015 Series A,as a general obligation bond referred to in Proposition 1, 35 which bond produced net proceeds of$7,000,000;and 36 37 WHEREAS, $11,310,000 principal amount of general obligation bonds remains unissued 38 under Proposition 1 and 39 40 WHEREAS, the Borough received $7,538,000 grant funding that may ultimately reduce the 41 amount of bond proceeds needed for theproject;and 42 43 WHEREAS, the Assembly finds that it is in the best interest of the Borough to plan,design, 44 and construct the school capital Improvements described In Proposition 1 as the reconstruction 45 and renovation of the Kodiak High School(the'Project'),and to Issue not to ex $1,815,000 48 principal amount of general obligation bonds referred to In Proposition 1,to pay part of the costs 47 of the Project and costs of issuing the bonds;and 48 49 WHEREAS, Section 29.47 410 of the Alaska Statutes provides that the Assembly by 50 resolution may provide for the form and manner of safe of bonds and notes;and Kodiak Island Borough,Alaska Resolution No.FY2016-23 Page 1 of 13 Resolution No. FY2016-23 Of The Kodiak Island Borough ss ... Page 126 of 169 AGENDA ITEM #13.B.2. 51 52 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of the 53 Borough Manager and Borough Finance Director authority to determine the maturity amounts, 54 interest rates,and other details of the bonds,and to determine other matters that are not provided 55 for In this resolution,Including without limitation,whether to sell the Bonds to the Alaska Municipal 56 Bond Bank(the'Bond Bank')or another Financial Institution or to offer the Bonds at public sale; 57 56 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 59 BOROUGH THAT: 60 61 Section I- Nfiniligm. In addition loterms which are defined In the recitals above, the 62 following terms shall have the following meanings In this Resolution: 63 64 (a) means the Assembly of the Kodiak Island Borough, as the 65 general legislative authority of the Kodiak Island Borough,as the same shall be 66 duly and regularly constituted from time to time. 67 68 (b) "_BQn"or'AodM'means any of the'General Obligation School Bonds' 69 of the Kodiak Island Borough, the issuance and sale of which are authorized 70 herein, 71 72 (c) "%MQ @Mnk means the Alaska Municipal Bond Bank, a public 73 corporation of the State of Alaska. 74 75 (d) "_BQMd,Bank,D0ds`means the series of general obligation bonds issued 76 by the Bond Bank,all or part of the proceeds of which are used to purchase the 77 Bonds. 78 79 (a) means the registration books maintained by the so Registrar,which Include the names and addresses of the Registered Owners of 81 the Bonds or their nominees. 82 83 'AQMMgLh:means the Kodiak Island Borough,a municipal corporation of 04 the State of Alaska, organized as a second class borough under Title 29 of the as Alaska Statutes, 86 87 (g) 'RgaNgh MAngae means the Manager or Administrative Official of the as Borough. 89 90 (h) means the Internal Revenue Code of 1986, as amended from 91 time to time,together with all regulations applicable thereto, 92 93 (1) 'QQA8" or means the cost of planning, designing, acquiring 94 property for, acquiring, constructing, installing and equipping the Project, 95 Including interest on the Bonds during the period of planning, designing, 96 acquiring property for, acquiring, constructing, installing, and equipping the 97 Project,the cost whether Incurred by the Borough or by another of field surveys 98 and advance planning undertaken In connection with the Project properly 99 allocable to the Project, the cost of acquisition of any land or interest therein 100 required as the site or sites of the Project or for use In connection therewith,the 101 cost of any indemnity and surely bonds and premiums on insurance incurred In 102 connection with the Project prior to or during construction thereof, all related 103 direct administrative and Inspection expenses whether incurred by the Borough 104 or by another In connection with the Project prior to or during construction thereof 105 and allocable portions of direct costs of the Borough, legal fees, costs of Kcdak Island Borough,Alaska ResdLfilon No.FY20IB-23 Page 2 of 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 127 of 169 AGENDA ITEM #13.B.2. 106 issuance of the Bonds by the Borough,including financing charges and fees and 107 expenses of bond counsel, financtal advisors and consultants in connection 108 therewith,the cost of any bond Insurance premium and bond ratings,the cost of 109 audits,the cost of all machinery,apparatus,and equipment„cost of engineering, 110 architectural services, designs, plans, specifications and surveys, estimates of til cost, the reimbursement of all moneys advanced from whatever source for the 112 payment of any item or Items of cost of the Project, and ail other expenses 113 necessary or incidental to the acquisition and development of the Project, the 114 financing thereof and the putting of the same In use and operation 115 116 {)) ®Finl!Mlal Institution means any bank or other financial Institution 117 Insured by the Federal Deposit Insurance Corporation or the Federal Savings 118 and Loan Insurance Corporation, 119 120 (k) 'rao"rnment.-_%IigAtIQnsmeans obligations that are either (i)direct 121 obligations of the United States of America or(ii)obligations of an agency or 122 instrumentality of the United States of America the timely payment of the 123 principal of and interest on which are unconditionally guaranteed by the United 124 States of America. 125 128 (1) 'Loan Aa mens' means the Loan Agreement between the Borough 127 and the Bond Bank or other Financial Institution concerning the Bonds. 128 129 (m) 'Registered Owner means the person named as the registered owner 130 of a Bond in the Bond Register, 131 132 (n) '_R&gjg0r means the Borough Finance Director,or any successor that 133 the Borough may appoint by resolution. 134 135 (o) "Resolulron means this Resolution No.FY2016-®of the Borough. 138 137 Section 2: Authorization of Hands and Pu se of Issuance. For the purpose of providing 138 funds for financing the Costs of the Project, the Borough shall issue and sell 139 general obligation bonds designated'Kodiak Island Borough, Alaska, General 140 Obligation School Bonds"(the'Bonds`)in the aggregate principal amount of not 141 to ex $1,815,000. The proceeds of the Bonds shall be used to pay Costs 142 of the Project, The Project serves a public purpose of the Borough, 143 144 The Manager and/or the Finance Director are hereby authorized to determine 145 whether the Bonds shall be sold to the Bond Bank or a Financial Institution or 146 sold at public sale,and whether to issue the Bonds in one or more issues,but in 147 no event shall the aggregate principal amount of the Bonds exceed$1,815,000. 148 149 Section 3: Obljgation of Bonds. The Bonds shall be direct and general obligations of the 150 Borough,and the full faith and credit of the Borough are hereby pledged to the 151 payment of the principal of and interest on the Bonds. The Borough hereby 152 irrevocably pledges and covenants that it will levy and collect taxes upon all 153 taxable property within the Borough without limitation as to rate or amount, in 154 amounts sufficient together with other funds legally available therefor,to pay the 155 principal of and interest an the Bonds as the same become due and payable. 156 157 Section 4: Deslgnatbn. Maturities Interest Ral .and Other Details of nds. The Bonds 158 Shall be designated'Kodiak Island Borough,Alaska,General Obligation School 159 Bonds.' The Bonds shall be in the denomination of $5,000 or any Integral 160 multiple thereof, shall be numbered separately in the manner and with such Kodak Island Borough,Alaska Resoltdion No,FY2016-23 Page 3 of 11 Resolution No. FY2016-23 Of The KodiakIsland BoroughAss b... Page 128 of 169 AGENDA ITEM #13.B.2. 161 additional designation as the Registrar deems necessary for purposes of 162 identification, and may have endorsed the such legends or text as may be 163 necessary or appropriate to conform to the rules and regulations of any 164 governmental authority or any usage or requirement of low with respect thereto. 165 168 The Bonds shall mature in one or more years commencing no earlier than 2016 167 and ending no later than 2036. The Bonds shall bear interest from their date, lea payable commencing on a date on or after July 1, 2016, and semi-annually 169 thereafter. Interest will be computed on the basis of a 36 ay year consisting of 170 twelve 30-day months, 171 172 Subject to Section 2 and the remainder of this Section. the dated date, the 173 principal and interest payment dates,the record dates for interest payments,the 174 aggregate principal amount, the principal amount of each maturity, and the 175 Interest rates on the Bonds shall be determined at the time of execution of the 176 Loan Agreement at or before public sale of the Bonds under Section 17 177 178 Section 51 Optional R!Wemptign The Bonds,if any,subject to optional redemption by the 179 Borough,the time or times when such Bonds are subject to optional redemption, ISO the terms upon which such Bonds may be redeemed,and the redemption price 181 or redemption prices for such Bonds,shall be determined at the time of sale of 182 the Bonds by the Borough Manager or Finance Director 183 184 Section 6: Set do of agpda for Radmigilm;Not 9-1Redgintal las 186 (a) IC12gggn of loga IM RCdCmI2igp When and If the Bond Bank or a 187 Financial Institution Is the Registered Owner of the Bonds,the selection of Bonds 188 to be redeemed shall be made as provided In the Loan Agreement When and if 189 the Bond Bank or a Financial Institution Is not the Registered Owner of the 190 Bonds,the selection of Bonds to be redeemed shall be made as provided in this 191 subsection (a). If the Borough redeems at any one time fewer than all of the 192 Bonds having the same maturity date,the particular Bonds or podk)ns of Bonds 193 of such maturity to be redeemed shall be selected by lot(or in such other manner 194 determined by the Registrar)In Increments of$5,000. In the case of a Bond of a 195 denomination greater than $5,0130, the Borwgh shall treat such Bond as 196 representing such number of separate Bonds each of the denomination of$5,000 197 as is obtained by dividing the actual principal amount of such Bond by$5,000, In 198 the event that only a portion of the principal amount of a Bond is redeemed,upon 199 surrender of such Bond at the office of the Registrar there shall be Issued to the 200 Registered Owner,without charge therefor,for the then unredeamed balance of 201 the principal amount thereof.at the option of the Registered Owner,a Bond or 202 Bonds of like maturity and interest rate In any of the denominations authorized 203 herein. 204 205 (b) 112ka-21LBSOMMiM. When and if the Bond Bank or a Financial 206 Institution Is the Registered Owner of the Bonds, notice of any Intended 207 redemption of Bonds shall be given as provided in the Loan Agreement. When 208 and if the Bond Bank or a Financial Institution is not the Registered Owner of the 209 Bonds,notice of any intended redemption of Bonds shall be given as provided In 210 this subsection (b). Notice of redemption shall be mailed not less than 20 or 211 more than 45 days prior to the date fixed for redemption by first class mail to 212 Registered Owners of the Bonds to be redeemed at their addresses as they 213 appear an the Bond Register on the day the notice is prepared. Notice of 214 redemption shall be deemed to have been given when the notice Is mailed as 215 herein provided,whether or not it Is actually received by the Registered Owners Fbdak Island Borough.Alaska Resolution No,FY2016-23 Page 4 or 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 129 of 169 AGENDA ITEM #13.B.2. 216 All noires of redemption shall be dated and shall state (1)the redemption date„ 217 (2) the redemption pnce; (3) it fewer than all outstanding Bonds are to be 218 redeemed, the identification (and, in the case of partial redemption, the 219 respective principal amounts) of the Bonds to be redeemed; (4) that on the 220 redemption date the redemption price wilt become due and payable upon each 221 such Bond or portion thereof called for redemption,and that Interest thereon shall 222 cease to acme from and after said date;and(5)the place where such Bonds 223 are to be surrendered for payment of the redemption price, which place of 224 payment shall be the office of the Registrar, 225 226 Official notice of redemption having been given as stated above, Bonds or 227 portions of Bonds to be redeemed shall,,on the redemption date, become due 228 and payable at the redemption price therein specified, and from and after such 229 date, such Bonds or portions of Bonds shall cease to bear interest. Upon 230 surrender of such Bonds for redemption In accordance with said notice, such 231 Bonds shall be paid at the redemption price. Installments of Interest due on or 232 prior to the redemption date shall be payable as herein provided for payment of 233 Interest. All Bonds which have been redeemed shall be canceled and destroyed 234 by the Registrar and shall not be reissued. 235 236 Each check or other transfer of funds Issued to pay the redemption price of 237 Bonds shall beer the CUSIP number, if any, Identifying, by maturity the Bonds 238 being redeemed with the proceeds of such check or other transfer. 239 240 Section 7: Eorm of BonQ Each Bond shall be In substantially the following form,with such 241 variations, omissions,, and Insertions as may be required or permitted by this 242 Resolution,. 243 244 UNITED STATES OF AMERICA 245 246 KODIAK ISLAND BOROUGH,ALASKA 247 248 NO 249 250 GENERAL OBLIGATION SCHOOL BOND 251 252 REGISTERED OWNER: 253 254 PRINCIPAL AMOUNT! 256 256 The Kodiak Island Borough(the'Borough"), a municipal corporation of 257 the State of Alaska, hereby acknowledges itself too and for value received 258 promises to pay to the Registered Owner identified above, or its registered 259 assigns, the principal amount Identified above In the following Installments on 260 each of the following years, and to pay interest on such installments from the 261 date hereof,payable on_1.201_and semiannually thereafter on 1, 262 and_1,of each year,at the rates per annum as follows: 263 264 Maturity Principal Interest 265 2aM 6!mmill &JI 266 267 268 269 When and if this Bond is owned by the Alaska Municipal Bond Bank or a 270 Financial Institution,payment of principal and Interest shall be made as provided Kodak Island Borough,Alaska Resolution No FY2016-23 Page 5 of 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 130 of 169 AGENDA ► . . . 271 in the Loan Agreement between the Bond Bank or Financial Institution and the 272 Borough (the'Loan Agreement'), When and if this Bond is not owned by the 273 Bond Bank or a Financial Institution, installments of principal of and interest on 274 this Bond shall be paid by check or draft mailed by first Gass mail to the 275 Registered Owner as of the dose of business on the 15th day of the month 276 before each installment payment dale; provided, that the final Installment of 277 principal of and interest on this Bond shall be payable upon presentation and 279 surrender of this Band by the Registered Owner at the office of the Registrar. 279 Interest will be computed on the basis of a 360-day year consisting of twelve 30- 280 day months. Both principal of and interest on this Bond are payable in lawful 281 money of the United States of America which, on the respective dates of 282 payment thereof, shall be legal tender for the payment of public and private 283 debts. 284 285 This Bond is one of the General Obligation School Bonds of the Kodiak 286 Island Borough,Alaska,of like tenor and effect except as to Interest rate,serial 287 number,right of redemption or prepayment and maturity,and constituting Bonds 288 authorized for the purpose of paying the cost of school and related capital 289 improvements in the Borough,and is issued under Resolution No.FY2016- of 290 the Borough entitled: 291 292 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 293 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION 294 SCHOOL BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED 295 $1,815,000 TO PROVIDE FUNDS FOR SCHOOL AND RELATED 296 CAPITAL IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS 297 OF ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH 298 BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR 299 RELATED MATTERS 300 301 (the"Resolution). 302 303 The Bonds[Installments of principal of this Bond]maturing on and after 304 1,20 ,shall be subject to prepayment on and after 1,2P_,at the 305 option of the Borough [(subject to any applicable provisions of the Loan 308 Agreement)],in such principal amounts and from such maturities as the Borough 307 may determine,and by lot within a maturity, at a redemption price equal to the 308 principal amount to be prepaid,plus accrued interest to the date of prepayment. 309 310 This Bond is transferable as provided in the Resolution,(i)only upon the 311 Bond Register of the Borough,and(ii)upon surrender of this Bond together with 312 a written Instrument of transfer duly executed by the Registered Owner or the 313 duly authorized attorney of the Registered Owner, and thereupon a new fully 314 registered Bond or Bonds in the same aggregate principal amount and maturity 315 shall be issued to the transferee in exchange therefor as provided in the 316 Resolution and upon the payment of charges,if any,as therein prescribed. The 317 Borough may treat and consider the person in whose name this Bond is 318 registered as the absolute owner hereof for the purpose of receiving payment of, 319 or on account of,the principal or redemption price,if any,hereof and Interest due 320 hereon and for all other purposes whatsoever,. 321 322 This Bond is a general obligation of the Kodiak Island Borough,and the 323 full faith and credit of the Borough are pledged for the payment of the principal of 324 and interest on this Bond as the same shall become due. 325 Kodhak Island h,Alaska Resdutioo No.FY2016-23 Pape 9 of l l Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 131 of 169 AGENDA ITEM #13.B.2. 326 IT IS HEREBY CERTIFIED AND RECITED that all conditions„ acts or 327 things required by the constitution or statutes of the State of Alaska to exist,to 328 have happened or to have been performed precedent to or in the issuance of this 329 Bond exist, have happened and have been performed, and that the series of 330 Bonds of which this is one,,together with all other Indebtedness of the Borough,. 331 Is within every debt and other limit prescribed by such constitution or statutes. 332 333 IN WITNESS WHEREOF,THE KODIAK ISLAND BOROUGH,ALASKA, 334 has caused this Bond to be signed in its name and on its behalf by the manual or 335 facsimile signature of its Maya and its corporate seal(or a facsimile thereof)to 336 be impressed or otherwise reproduced hereon and attested by the manual or 337 facsimile signature of Its Clerk,all as of the_day of ,2018. 338 339 KODIAK ISLAND BOROUGH 340 341 lsoecimenl 342 Borough Mayor 343 344 ATTEST: 345 346 lscimenl 347 Borough Clerk 348 349 Section B: Emmitim, The Bonds shall be executed in the name of the Borough by the 350 manual or facsimile signature of the Maya,and its corporate seal(or a facsimile 351 thereof)shall be impressed or otherwise reproduced thereon and attested by the 352 manual or facsimile signature of the Borough Clerk. The execution of a Bond on 353 behalf of the Borough by persons who at the time of the execution are duly 354 authorized to hold the proper offers shall be valid and sufficient for all purposes, 355 although any such person shall have ceased to hold office at the time of delivery 356 of the Bond or shall not have held office on the date of the Bond, 357 358 Section 9: Payment of Principal and Interest. The Bonds shall be payable In lawful money 359 of the United States of America which at the time of payment is legal tender for 360 the payment of public and private debts, When and if the Bond Bank or a 361 Financial Institution is the Registered Owner of the Bonds, payment of principal 362 of and interest on the Bonds shall be made as provided in the Loan Agreement. 363 When and if the Bond Bank or a Financial Institution is not the Registered Owner 384 of the Bonds,installments Of principal of and interest on the Bonds shall be paid 365 by check mailed by first Gass mail to the Registered Owner as of the record date 388 for the installment payment at the address appearing on the Bond Register, 367 provided, that the final installment of principal and interest on a Bond shall be 368 payable upon presentation and surrender of the Bond by the Registered Owner 389 at the office of the Registrar. 370 371 Section 10: Registration. The Bonds shall be issued only in registered form as to both 372 principal and interest. The Borough designates the Borough Finance Director as 373 Registrar for the Bonds. The Registrar shall keep,or cause to be kept,the Bond 374 Register at the principal office of the Borough. The Borough covenants that,until 375 all Bonds have been surrendered and canceled, it will maintain a system for 376 recording the ownership of each Bond that oDmplies with the provisions of 377 Section 149 of the Code, The Borough and the Registrar may treat the person in 378 whose name any Bond shall be registered as the absolute owner of such Bond 379 for all purposes,whether or not the Bond shall be overdue,and all payments of 380 principal of and Interest on a Bond made to the Registered Owner thereof or Kodak Island h,Alaska Resdullon No.FY2016-23 Page 7 of 11 Resolution No. FY2016-23 Of The Kodiak Island Borough As ... Page 132 of 169 AGENDA ITEM #13.B.2. 381 upon its order shall be valid and effectual to satisfy and discharge the liability 382 upon such Bond to the extent of the sum or sums so paid, and neither the 383 Borough nor the Registrar shall be affected by any notice to the contrary 384 385 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the Bond 386 Register. Upon surrender for transfer or exchange of any Bond at the office of 387 the Registrar, together with a written instrument of transfer or authorization for 388 exchange in form and with guaranty of signature satisfactory to the Registrar, 389 duly executed by the Registered Owner at the duly authorized attorney of the 390 Registered Owner, the Borough shall execute and deliver an equal aggregate 391 principal amount of Bonds of the same maturity of any authorized denominations, 392 subject to such reasonable regulations as the Borough may prescribe and upon 393 payment sufficient to reimburse it for any tax.fee or other governmental charge 394 required to be paid in connection with such transfer or exchange AJI Bonds 395 surrendered for transfer or exchange shall be canceled by the Registrar. 396 397 Section 12. VWmd1j ML!tiIj1Jgd-12g5j[pyW,%ftitqr Lost. Upon surrender to the Registrar of , 398 a mutilated Bond, the Borough shall execute and deliver a new Bond of like 399 maturity and principal amount. Upon filing with the Registrar of evidence 400 satisfactory to the Borough that a Bond has been destroyed,stolen,or lost and of 401 the ownership thereof, and upon furnishing the Borough with indemnity 402 satisfactory to it, the Borough shall execute and deliver a new Bond of like 403 maturity and principal amount. The person requesting the execution and delivery 404 of a now Bond under this section shall comply with such other reasonable 405 regulations as the Borough may prescribe and shall pay such expenses as the 406 Borough may incur in connection therewith 407 408 SecUon 13: Dispoltign of the ragig!Pn dg 9BQnd§. The sale f da of the Bonds xm -the, procee 409 representing accrued interest on the Bonds shall be applied to pay a portion of 410 the Interest due on the Bonds on the first interest payment date for the Bonds. 411 The sale proceeds of the Bonds representing original Issue premium on the 412 Bonds shall be applied to pay a portion of the interest due on the Bonds on the 413 first interest payment date for the Bonds, or Costs of the Project, and shall be 414 deposited in such manner as the Borough Manager or the Borough Finance 415 Director may determine. The remaining sale proceeds of the Bonds shall he 416 applied to pay Costs of the Project, and shall be deposited in the appropriate 417 funds ora unts of the Borough for such purposes. 418 419 Section 14: Tax Qgvgniinla. The Borough covenants to comply with any and all applicable 420 requirements set forth in the Code in effect from time to time to the extent that 421 such compliance shall benecessary for the exclusion of the interest on the 422 Bonds from gross incurne for federal income tax purposes. The Borough 423 covenants that it will make no use of the proceeds of the Bonds which will cause 424 the Bonds to be'arbitrage bonds'subject to federal Income taxation by reason of 425 section 148 of the Code. The Borough covenants that It will not take or permit 426 any action that would cause the Bonds to be'private activity bonds'as defined in 427 Section 141 of the Code. 428 429 Section IS- AMgEdillQnt and 430 431 (a) The Assembly from time to time and at any time may adopt a resolution 432 or resolutions supplemental hereto, which resolution or resolutions thereafter 433 shall become a part of this Resolution, for any one or more of the following 434 purposes. 435 Kodak Island Borough,Alaska Readulion No FY2016-23 Page 0 of 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assem b... Page 133 of 169 AGENDA ITEM #13.B.2. 436 (1) To add to the covenants and agreements of the Borough In this 437 Resolution, other covenants and agreements thereafter to be observed 438 or to surrender any right or power herein reserved to or conferred upon 439 the Borough. 440 441 (2) To make such provisions for the purpose of curing any 442 ambiguities or of curing, correcting or supplementing any defective 443 provision contained In this Resolution or in regard to matters or questions 444 arising under this Resolution as the Assembly may deem necessary or 445 desirable and not Inconsistent with this Resolution and which shall not 446 adversely affect the interests of the Registered Owners of the Bonds. 447 448 Any such supplemental resolution may be adopted without the consent of the 449 Registered Owners of any of the Bonds at any time outstanding,notwithstanding 450 any of the provisions of subsection(b)of this section. 451 452 (b) With the consent of the Registered Owners of not less than 60 percent In 453 aggregate principal amount of the Bonds at the time outstanding,the Assembly 454 may adopt a resolution or resolutions supplemental hereto for the purpose of 455 adding any provisions to or changing In any manner or eliminating any of the 456 provisions of this Resolution or of any supplemental resolution; provided, 467 however,that nos supplemental resolution shall: 458 459 (1) Extend the fixed maturity of any of the Bonds,or reduce the rate 460 of interest thereon,or extend the time of payments of interest from their 461 due date, or reduce the amount of the principal thereof,or reduce any 462 premium payable on the redemption thereof,without the consent of the 463 Registered Owner of each Bond so affected;or 464 465 (2) Reduce the aforesaid percentage of Registered Owners of 466 Bonds required to approve any such supplemental resolution without the 467 consent of the Registered Owners of all of the Bonds then outstanding. 468 469 It shall not benecessary for the consent of the Registered Owners of the Bonds 470 under this subsection to approve the particular form of any proposed 471 supplemental resolution, but it shall be sufficient ifs consent approves the 472 substance thereof 473 474 (C) Upon the adoption of any supplemental resolution under this section,this 475 Resolution shall be deemed to be modified and amended in accordance 476 therewith,and the respective rights,duties,and obligations under this Resolution 477 of the Borough and all Registered Owners of outstanding Bonds shall thereafter 478 be subject In all respects to such modification and amendment,and all the terms 479 and conditions of the supplemental resolution shall be deemed to be part of the 480 terms and conditions of this Resolution for any and all purposes 481 482 (d) Bonds executed and delivered after the adoption of any supplemental 463 resolution under this section may bear a notation as to any matter provided for In 484 such supplemental resolution, and if such supplemental resolution shall so 485 provide,new Bonds modified so as to conform,in the opinion of the Borough,to 486 any modification of this Resolution contained in any such supplemental resolution 487 may be prepared by the Borough and delivered without cost to the Registered 488 Owners of the Bonds then outstanding,upon surrender for cancellation of such 489 Bonds in equal aggregate principal amounts 490 .................................—-—---—-----................................. Kodiak Island Borough,Alaska Resolution No.FY2016-23 Page 9 of 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 134 of 169 AGENDA ITEM . 491 Section 16: Defeasance. In the event money and/or non-callable Government Obligations 492 maturing at such times and bearing interest to be earned thereon In amounts 493 sufficient to redeem and retire any or all of the Bonds in accordance with their 494 terms are set aside in a special trust account to effect such redemption or 495 retirement and such moneys and the principal of and interest on such 496 Government Obligations are irrevocably set aside and pledged for such purpose, 497 then no further payments need be made to pay or secure the payment of the 498 principal of and interest on such Bonds and such Bonds shall be deemed not to 499 be outstanding. 500 501 Section 17: Safe of B2UJI. The Bonds shall be sold at negotiated sale to the Bond Bank or a 502 Financial Institution as provided in the form of Loan Agreement or at public sale 503 as the Borough Manager and Finance Director determine is in the best interest of 504 the Borough. Subject to the limitations provided In Sections 2 and 4,each of the 505 Borough Manager and the Borough Finance Director is hereby authorized to 506 determine the aggregate principal amount, maturity amounts, Interest rates, 507 yields„ dated date, principal and Interest payment dales, redemption terms, if 508 any,for the Bonds,and other details of theBonds;provided that the true interest 509 cost of the Bonds,,expressed as an annual rale,,does not exceed 6 0 percent. In 510 determining the maturity amounts,interest rates,yields,and redemption terms,if 511 any,for the Bonds,the Borough Manager or Borough Finance Director shall take 512 into account those factors which,in the judgment of each,will result in the lowest 513 true Interest cost on the Bonds to their maturity, including without limitation 514 current financial market conditions and current Interest rates for obligations 515 comparable In tenor and quality to the Hands, Based upon the foregoing 516 determinabons„the Borough Manager and the Borough Finance Director each is 517 authormed to execute the Loan Agreement,in substantially the form presented at 516 this meeting, or to sell the Bonds at public sale as they deem appropriate and 519 cost effective to,and in the best Interest of,the Borough. 520 521 Section 16: Authorityy tficers. The Mayor, the Borough Manager, the Borough Finance 522 Director, and the Borough Clerk each is authorized and directed to do and 523 perform all things and determine all matters not determined by this Resolution,to 524 the end that the Borough may carry out its obligations under the Bonds and this 525 Resolution. 526 527 Section 19: P_rohibiled_Sale_of Bends. No person, firm, or corporation, or any agent or 528 employee thereof, acting as financial consultant to the Borough under an 529 agreement for payment in connection with the sale of the Bonds is eligible to 530 purchase the Bonds as a member of the original underwriting syndicate either at 531 public or private sale. 532 533 Section Ongoing Dis sure. The Borough acknowledges that under Rule 1 -12 of the 534 Securities and Exchange Commission(the 'Rule')the Borough may now or In 535 the future be an'obligatedperson.' In accordance with the Rule, and as the 536 Bond Bank or a FinanGal Institution may require,the Borough shall undertake to 537 provide certain annual financial information and operating data as shall be set 536 forth in the Loan Agreement. 539 540 Section 21: Mis Ilan s. 541 542 (a) All payments made by the Borough of,or on account of;the principal of 543 or interest on the Bonds shall be made on the several Bonds ratably and in 544 proportion to the amount due thereon,respectively,for principal or interest as the 545 case may be. Kodiak Island Borough,Alaska Resoitfilon No,FY20i&23 Page 10 of i 1 Resolution 1 - 3 Of The Kodiak Island Boroughs ... Page 135 of 169 AGENDA ITEM #13.B.2. 546 547 (b) No recourse shall be had for the payment of the principal of or the 548 interest on the Bonds or for any claim based thereon or on this Resolution 549 against any member of the Assembly orofficer of the Borough or any person 550 executing the Bonds The Bonds are not and shall not be on any way a debt or 551 liability of the State of Alaska or of any political subdivision thereof, except the 552 Borough, and do not and shall not create or constitute an indebtedness or 553 obligation, either legal, moral, or otherwise, of such state or of any political 554 subdivision thereof,except the Borough. 555 556 Section 22. $gverabillj . If any one or more of the provisions of this Resolution shall be 557 declared by any court of competent jurisdiction to be contrary to law, then such 658 provision shall be null and void and shall be deemed separable from the 559 remaining provisions of this Resolution and shall in no way affect the validity of 560 the other provisions of this Resolution or of the Bonds, 561 562 Section 23. Eff-eyfive Date This Resolution shall become effective upon passage and 583 approval, 564 565 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 566 THIS DAY OF .2016 667 sea KODIAK ISLAND BOROUGH 569 570 571 572 573 Jeffol Friend,Borough Mayor 574 575 ATTEST 576 577 578 579 580 Nova M.Javier,Borough Clerk Kodak Island Borough,Alaska Resdullon No FY2016-23 Page 11 or 11 Resolution No. FY2016-23 Of The Kodiak Island Borough Assemb... Page 136 of 169 AGENDA ITEM! #93.B.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT 1p, JANUARY 7 2016 ASSEMBLY REGULAR MEETING 'bNr ego' TITLE: Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a Kodiak Representative to the North Pacific Fishery Management Council ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: This resolution was prepared at the request of Assembly member Skinner.The purpose of this resolution is to urge Governor Walker to appoint a Kodiak representative to the North Pacific Fishery Management Council (NPFMC). This is not the first time that the Assembly has adopted such a resolution. In 2001, Resolution 2001-09 was adopted recommending KIB resident Kevin O'Leary to the NPFMC. The resolution before you does not specifically name a person for the Governor to appoint. It urges to appoint a KIB resident to a seat on the NPFMC. RECOMMENDED MOTION: Move to adopt Resolution No. FY2016-24. Kodiak Island Borough Resolution No. FY2016-24 Urging The Governor of the State of... Page 137 of 169 AGENDA ITE #13.B.3. zVERSION lrdrod lo bye B Assembly Requested by7 Assembly Member skinner 3 Dratted by;: Borough Clerk 4 CORRECTED Y Introducedom 0110712016 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO.FY 2016-24 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 URGING THE GOVERNOR OF THE STATE OF ALASKA TO APPOINT A 12 KODIAK REPRESENTATIVE TO THE NORTH PACIFIC FISHERY 13 MANAGEMENT COUNCIL 14 1s WHEREAS, the Kodiak fishing Industry has had representation on the North Pacific Fishery 16 Management Council for many years;and 17 18 WHEREAS, Kodiak Its than second largest; fisMnig port In t1ho nation by volume and 19 represents one of the most diverse fishing ports in the State and the nation,where multiple gear 20 groups and multiple fisheries for different species come together in one community,and where 21 the interaction of the gear groups is a necessity;and 22 23 WHEREAS, the regulations adopted by the North Pacific Management Council must be 24 cognizant of the necessary interaction of the various fisheries in order to enhance and protect all 25 of the abundant resource in the Gulf of Alaska;and 26 27 WHEREAS, a Kodiak representative would have the most first -hand knowledge of the 28 necessary interaction of the regulations for all species, including State of Alaska regulations, 29 than a representative from any other area,and 30 31 WHEREAS, Kodiak representatives have always been key players in the sound Management 32 decisions of the North Pacific Fishery Management Council;and 33 34 WHEIREAS, regulatory Isswim cuirrantly before the North Pac!pf c Fishery 114 at'anagemera 35 Councfl,e.g.,Gulf of Alaska Trawl Rycatc'h Management,directly avid spgvAficantiy impact 36 Kodiak;and 37 38 WHEREAS, in order to have a well-balanced and highly productive North Pacific Fishery 39 Management Council„a Kodiak representative is crucial to their decision-making process. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT Governor Walker is urged to appoint Rat lfaast one Kodiak Island Borough 43 resident to the North Pacific Fishery Management Council to assure quality input from the most 44 complex fishing area in Alaska,and to continue strong management for the best interests of the Kodiak Island Borough Resolution No.FY2016-24 Page 1 of 2 Resolution No. FY2016-24 Urging The Governor of the State of... Page 138 of 169 AGENDA ITEM 93. . . 45 fishing industry and the various fish species in the Gulf of Alaska and throughout the State of 46 Alaska. 47 48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 49 THIS DAY of 2016 so 51 KODIAK ISLAND BOROUGH 52 53 54 55 ATTEST: Jerrol Friend,Borough Mayor 56 57 58 59 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough Resolution No.FY2016-24 Page 2 of 2 Resolution No. FY2016-24 Urging The Governor of the State of... Page 139 of 169 AGENDA ITEM #13.B.3. Introduced bys Deputy Mayor Hatrir"s Requested by: Assembly Drafted byt Borough Clark Introduced: 0211512001 Adopted: 02/1512001 KODIAK ISLAND BOROUGH RESOLUTION NO. 200I-09 RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE GOVERNOR OF THE STATE OF ALASKA TO APPOINT A KODIAK REPRESENTATIVE TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL WHEREAS, the Kodiak fishing industry has had representation on the North Pacific Fishery Management Council for many years;and WHEREAS. Kodiak represents one of the most diverse fishing ports in the state and the nation, where multiple gear groups and multiple fisheries for different species come together in one community, and where the interaction of the gear groups is a necessity, and WHEREAS, the regulations adopted by the North Pacific Management Council must be cognizant of the necessary interaction of the various fisheries in order to enhance and protect all of the abundant resource in the Gulf of Alaska; and WHEREAS, a Kodiak representative would have the most first-hand knowledge of the necessary Interaction of the regulations for all species, including State of Alaska regulations, than a representative from any other area; and WHEREAS, Kodiak representatives have always been key players in the sound management decisions of the North Pacific Fishery Management Council;and WHEREAS, in order to have a well balanced and highly productive North Pacific Fishery Management Council, a Kodiak representative is crucial to their decision-making process. NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Governor Knowles is urged to appoint Kodiak Island Borough resident Kevin O'Leary to the North Pacific Fishery Management Council to assure quality input from the most complex fishing area in Alaska,and to continue strong management for the best interests of the fishing industry and the various fish species in the Gulf of Alaska and throughout the State of Alaska. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF FEBRUARY, 2001 KODIAK ISLAND BOROUGH ATTEST: Robin Heinrichs, Deputy Mayor udith A. Nielson, C114C. Borough Clark Kodiak Island Borough,Alaska Resolution No,2001-09 Page 1 of 1 Resolution No. FY2016-24 Urging The Governor of the State of.. Page 140 of 169 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT air JANUARY 7.2016 ASSEMBLY REGULAR MEETING or TITLE: Declaring a Seat on the Solid Waste Advisory Board Vacant(Ms.Tia Leber). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: Ms.Tia Leber has served on the Solid Waste Advisory Board since August of 2015. Ms. Leber has announced that her family was moving out of Kodiak at the last SWAB meeting. This was also stated in a previous text to the Clerk's Office staff. 2.100.070 Vacancies. A. Other than by expiration of the member's term,the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee,or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board,committee, or commission by two-thirds vote declares the seat vacant;this subsection does not apply to a member of the board,committee,or commission who forfeits office under AS 29.20.140(a);or 6. Misses three consecutively held regular meetings and is not excused. RECOMMENDED MOTION: Move to accept,with regret,the resignation of Ms.Tia Leber from the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancy per Borough code. Kodiak Island Borough Declaring a Seat on the Solid Waste Advisory Board Vacant(M... Page 141 of 169 AGENDA ITEM #13.D.1. �mtnu�aa�, KODIAK ISLAND ME PPARD NAME TERM HOME WORK CELL EMAILP NE PHONEPHONE JanniferCubedson 2017 512-5380 41164339 512-6 s i PC Box 8837 K 15 4� T" VO(CAWT 16 4®1® 512-7847 k `akzknena vah 62 Kodiak,AK 15 Steven RaR 2015 486-2033 S?X247 s e19 1. 3240 lake View Onve Kodiak,AK 15 Nick 5 (Chair) 2018 486-3853 654-W53 e net PO 1833 KadWLAKMIS Vocont 2006 Construction In s Representative 2078 491®3745 481.3333 414791.3745 Call kr6 of Scott Arndt(Vice Chain pC S®x 75 Kodisk AK MIS Retail Businesi Representative 2015 Vacant C 77 FFICIOS 554.1045 dtnn_m svrn k as v rnkly Representative -� Dennis Symnons Pd]Box 5597 Kodiak,AK 99515 KIS Staff Representative 4SM340 Lo sk Joe Upke 1l,S,C>6,Representative 487-5320 Robed F Cray,Envimmnarrial Division M49 Chmid 49T-54 (Fox) Ban Kodiak City at Kodiak Representative 4 rnk p6,kk nk.at5 Mark Kozak 4 2410 Mill Bay Road (fax) KodWAKMIS This boaall Is governedy Kodiak land Bonough Code 2,145 J�f / ala k k.as3 ERevrslrrn Did&IW121115 Revised by NJ Declaring the Solidt vl aaa Page 142 of 169 AGENDA ITEM #13.D.1. Declaring a Seat on the Solid Waste Advisory Board Vacant(M... Page 143 of 169 AGENDA ITEM #13.D.1. From:Jenny Clay Sent:Wednesday,December 16,2015 9:48 AM To:Angela MacKenzJe Subject:RE*SWAB Angela, At the meeting she said that It was her last meeting as she and her family were moving.Should I call and tell her to contact you.Also I will put It In the minutes and give you that copy? Jenny Clay,sacretary in Kodiak Island Borough 710 Mill Bay Road,Room 224 Kodiak AK 99615 907-4M9343 Voice - 34F 1clay0kodinkah,go From:Angela MacKenzie senU Wednesday,December 16,2015 8:3S AM To,Jenny My Cc Nick Szabo Subjech SWAB HI Jenny, Can you confirm that Tia Leber has resigned from her position on the Solid Waste Advisor/ and and If so what Is the effective date? an you, Angela MacKenzie Depilly 0101* iAOffice of the Borou'gdt clelk Kodiak hlnnd Ykwoogh 7 10 AMM&-ay Road,IPIooin 102 Kodink,A#,;990 15 r:"90 .4,616.9110 ir.907.48G.9391 P10111311.[C till:CORDS ILAW D[SCLOSIU111E This a-maH aind responses to this ernafl airesubjecit to jjprovisiiorvs 10i area'Mash,wSlialutins aired rimy The imaide availalbie,,lothe jpt.�b3c upon request Declaring a Seat on the Solid Waste Advisory Board Vacant(M... Page 144 of 169 AGENDA ITEM #13.D.1. Text from W.Leber in forftrigthe Clerk that her last meeting was 1.",Wcember 14. too AT&T* 12:33 PM 11 I=, <Messages+1(907)512-7745 WaOs My last meeting will be next Monday December 14th.I had told Nick Szabo that I wouldn't be able to serve beyond January because we am moving. • • Declaring a Seat on the Solid Waste Advisory Board Vacant(M... Page 145 of 169 AGENDA ITEM #93.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 7.2016 ASSEMBLY REGULAR MEETING sF, INDII TITLE: Confirmation of Mayoral Appointment to the Solid Waste Advisory Board(Mr. Jeff Stewart). ORIGINAT Nova Javier OR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently two vacancies on the Solid Waste Advisory Board for terms to expire December 2016.An application was received from Mr.Jeff Stewart. 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.The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board,committee,or commission until the next annual appointment process unless authorized by the assembly. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Jeff Stewart to the Solid Waste Advisory Board for a term to expire December 2016. Kodiak Island Borough Confirmation of Mayoral Appointment to the Solid Waste Advis... Page 146 of 169 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH OARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE rifer Cubadson 2017 5124MG 486-6339 SU4= n ' n r rs 4 rr P®Box lill Koldial AN 1 Tol L 16 461-72 512-7741 Ckdo Kodiak.AK 19 (rav�) Steven Hen 2016 4W2033 573-247-6064s eR e9 3240 Lake View D" Kodl AK 15 Nick Szabo lC "r} 2019 485.3aS3 654-3853 net PO Box IBM Kodak,AK 15 Vacant 2016 Construction Business Re n !iv® 2016 461-3745 461• 414.791.3745 Calikrsle ®1 6 Scott Atill Chair} PC Box 76 Kodall AK 99815 Retail Business Roprewinfludive 2015 Vacant NON-VOTING EX-OFFIGIBS (154-11 n a lea mMv ire Assembly Roprosentative DennisSYMMGM PO Box 8597 KodWAK9N1S KIB Staff Representative 48&9346 LVAU99MALU Joe Upka U.S.C.G.Reprosental 467.5320 Mwaleriv u and Robed F,Gray,Environmental 4 Chief 46754 (Fax) Ose Kodak City of Kodiak Rainswunkadvis 4 mkoaak Iy k 'ak sk.us rk Kozak 41161 2410 Mill Ray Road (NX) KodM,AKRN15 This board Is governed by KodiakIsland Borough Code 2.145 amj% momale k.es Revision Elate 12flf2015 Revised by' Confirmation y Appointment lid Waste Advis... Page 147 of 169 AGENDA ITEM #93.D.2. NX Ax ti P N � g `' _ #Pama a N � Y !! - F o w � kv ej B � z if CL I V _ a E � s � S d � 3 � a v 'Ll • F1 � a il a i id m _ S78 OD 0 ft c ommtM fQ n- 0 m o m fs s i aim A � c � �'� c ■ E � E f W tli T Z Confirmation of Mayoral Appointment to the Solid Waste Advis... Page 148 of 169 AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT i JANUARY 7,2016 ASSEMBLY REGULAR MEETING TITLE: Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr. Patrick Saltonstall, Mr. Helm Johnson,and Mr. Ben Millstein). ORIGINAT Nova Javier OR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently five vacancies on the Parks and Recreation Committee and the Borough Clerk's Office have received applications from the following: • Mr. Helm Johnson(incumbent) • Mr. Patrick Saltonstall(incumbent) • Mr. Ben Millstein 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.The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board,committee,or commission until the next annual appointment process unless authorized by the assembly. RECOMMENDED MOTION: Move to confirm the Mayoral appointments to the Parks and Recreation Committee as follows: • Mr. Helm Johnson for a term to expire December 2018 • Mr. Patrick Saltonstall for a term to expire December 2018 • Mr, Ben Millstein for a term to expire December 2017 Kodiak Island Borough Confirmation of Mayoral Appointments to the Parks and Recrea... Page 149 of 169 AGENDA ITEM #13.D.3. KODIAK � EATION COMMITTEE NAME TERM HOME WORK CELL. EMAIL PHONE PHONE PHONE Haim Johnson 2015 539.5014 539.5614 539-5014 hg -helails. PO Box 261 Kodiak,AK 99615 Mariale Lelst ice Chair) 2017 2.5526 486-7004 942-5526 h&kyjndmiEnj2@yjhgg&2M 214 East Round Dr. A Kodiak, 15 Patrick Sallonstall (Chair) 2015 4W2634 486-7004 Rude2sLud PC BOX 1 Dog gLtVNrnaltgrnjiiM Kodiak,AK 99615 Dale Stratton2017 539.5321 Same S !;ggfkd@pLij!gjka.nej 10574 KaWnDr. Kodiak.AK 991115 sham wcaoff 15 5392292 456-9824 539-2292 s o8 holma8.c PO Box 2w? Kodak,AK 99615Ia Vacant 2016 Vacant 17 WIMW 3PI56 NON-VOTING EX-OFFICIOS 539-0262 cRepresentative Frank Paterson,Jr. nk.00lers kitsa' hlv PO Box 8888 RM Kodiak,AK 99615 State Representative Vacant City Parks&Rac.Representative Corey GrGnn 4116-8670 6547559 i k k 315 Maple Ave. Kodiak,AK 996 15 School Distfict Rapromentative RonBryant 539-1482 EWDnWj1LkJkjdM 722 MID Boy Read Kodiak,AK 99615 Roster continued on the next page. ,. Revision Daie 1114 I5 Revised by am Confirmation i Appointments to the Parksc ... Page 150 of 169 ."GENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH P RECREATION COMMITTEE NAME TERM ROME WORK CELL EMAIL PHONE PHONE PHONE Planning and Zoning Commission Representative alan.schrniH�kib�annfoQ,oro Alan SchmRt 488-5314 942-0404 3295 Woody Way Loop Kofiak,,AK 99815 Vacant,Alternate This committee Is governed Ihy Kodiak Island Borough Godo L'129 arm WISPEDMON "a-9m c one �Nr oEr�R,vAcurr FI.° 8YIft1 IfYai k2..�2 CW"WN DEVEtAPAtpVTMARtMEHT 71s 1 1LL 9AY R ROOM 20 K ,AK B Rawisimi Dale. 't114P2,01 5 aewwd I,y amra Confirmation of Mayoral Appointments to the Parks and etre ... Page 151 of 169 AGENDA ITEM #13.D.3. ® a s -R � ° — 104 M co EL Xi ra C3 � ° n M ° W 0M i� M a c� 0 cp 0 5Hr- a ° �° 5 or l. r 0 n €� ° In I ro a (� e �° 0 =r CL M W 0 M C. a °? , CL a a owl CL g � _ � 0 FF � C, F X to b;3 5— � R E � ®� 13 9 ° 0 06 g � � w ex A, cr C SO° C 0 FPLw ® a M 0 M 010 t �a 0 °8 z M ea 3- R ° E OL t� zr° Ile art I S2 5t IDs ® C 0 pry Confirmation of Mayoral Appointments to the Parks and ease°„ Bags 152 of 169 r I ' OFFICE OF THEBOROUGH LEEK 716 ill ay Road, 161 AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH Kodiak,AK 99615 one:(9 7)a -931 ax.(9 7}4 -9391 njavier@kodiaksk.us APPLICATION FOR APPO F COMMITTERS, ISI a !Cram itteelCo issiona '� 7 r Designated seat or group representation(if applicable): � Please be aware that the Information iven on your application Is made available tote public.Staff will require the use of a mallIng address,email address,and contact phone number to provide board andeetl formation. ® t3o f to C, Ca i e Phone: ,side a dress: t , nln a MailingAddress: t CellPhone: Email Address. Fax Number. Length of Residence In Kodiak: Registered to In Kodiak? �` o Reese provide one of the fell o Dateof Birth Last 4 digits of o r! o tion® ►t.f. _t._LL «.3 j f Lr— organizations you belong to or participate In: Explain your main rens n for ap yingo PD— kA 1 What background,experience,or expertise will you bringto the a mrniitee lsslon membership? Are you available for regular meetings? Pursuant to 108C 1100.070(XG)Other than by aViradon of the members lann,the assemblyall do anal rpt a m errr mains y hold arm U � ti not and. % l Signature or Applicant- e® l d ! A memo at tnRer affiderest m be attached,but Is not required.'chinll be kept m UIe far ®year Plum be aware Unit them may be an appkallon deadline. Applkallon deaffines, If applicable, are aitab an the site at k . s or In th® ti rat n $rt K -tN Appoliftent w. 32 1p (data r s R C1 trOCT Cth2 Oslo of Appohn6Eeal "T d�oC J20FO ftkiiwerk AWdwd t $On Fd�t Confirmation of Mayoral Appointments to the Parks and R crea... page 153 of 169 AGENDA ITEM #13.D.3. li til y OFFICIE OF THE BOROUGH 710 Mill Bay Road,Room 101 Kodiak,AK 991515 Phone,,( 7)466-9310 Fax:( D7) 6-9391 njavier@kodiakak.us APPLICATION P I T T TO BOARDS,COMMITTEES,AND COMMISSIONS B ht missi oro Parks and Rec Designated at or group representation(if applicable): Please aware that the Information given on your application Is made available to the publlc,Staff will require the use of a mailingaddress,email address,and contact phone number to provide board and meeting Information. Name: Ben Millstain Daylima e: -2537 Residence Address: 523 Leta SL Kodiak Evening Phone. Mailing Address: Con Fone: 942-3003 Ernall Add ills a .ne Fax u Length of Res;Znce Inlaky „ 1 " _ _ isle to vote in Kodiak? YesX o loyerl17 tap on: iak Island Brewing Coe, „»,»,»,»� Organizations you belong to a cipale in: Threshold ervi s board,I land Trails board_ Explain your main reason for applying. To,,coni, ute t la,unix fur a ive u beneficial land °. V4W background,experience,or experusewill you bring to the board/commute co mmisslon membership? Experienced car member,actl4Kodiak-i-ratfusar,and committed community patticipant. Am you available for regular meetings? 'Yes. pursuant to KISC2.i0o.07o I e)Otherthart by expiration of the nuo-abers term,the assembly shal declare a seat varard when a member misses Ihme coniecutively held regutar meefts and is not excused. Signature of Applicant: en Millstein(in lieu of signature.) ate: 11413915 A resume or I He r of Into re s t may 76 a as rpt e n k an IIe for a year, ase he I there may an ate' d deadline Application devAnes, it applicable, am awailable an ft Borough vvebsite at jMW,h22iAaLu or In the Notice of Vocarry annournniments advertised in the Kodak 13217Y klerw 1f�ifl ,: Confirmation y al Appointments to ther cr a.®. Page 154 of 169 AGENDA ITEM #18.A.1. RECEIVED Arch ittu ral/En gins erin g Review Board Regular Meeting-October 28, 2014 @ 5:30 Project's Building Conference Room ME C 2 1 2015 SGROUrIN CLEWS 0MCE. As Call to Order XOMAX,ALASKA Chair Arndt called the meeting to order at 5,30 p.m. B. Roll Call Board members present were Gregg Hacker(GH), Bill Barton(BB),Cliff Ford (CF)and Scott Arndt(SA), KIB staff present Dave Conrad (DC)and Marilyn Ordal(MO). Present telephonically Scott Bonney(SB), Chuck Kenlay from PND Engineering A QUORUM WAS ESTABLISHED. C. Approval of Agenda GH MOVED TO APPROVE AGENDA. K40TION PASSED UNANIMOUSLY. D. Approval of Minutes from 912612014. GH MOVED TO APPROVE THE MINUTES FROM 9MI2014. MOTION PASSED UNANIMOUSLY. E. Anton Larson Dock Replacement 95%,Design Documents Chuck Kenley of PND Engineering reviewed the drawings and answered questions. Discussion ensued. Motion by Gni® APPROVE THE ANTON LARSEN DOCK REPLACEMENT 95% DESIGN DOCUMENTS WITH CORRECTIONS AND MODIFICATIONS AS NOTED TO THE ENGINEERS. MOTION PASSED WITH 4 YEA VOTES BY SA®GH,SB AND CF,AND I NAY VOTE BY BS. F. Public Comments- one. G. Staff Comments-None. Page I of 2 Architectural/Engineering Review Board RM October 28, 2014; ... Page 155 of 169 AGENDA ITEM #18.A.l. r i ral/Enginee ring Review Board Regular Meeting—October 28, . ProjecVs Building H. Board Comments-CIF-stated concretet his he appreciated t from the other board members. ® Adjournment ADJOURNMENT.GH MOTION FOR MOTIONY. MEETING ADJOURNED AT 7:15 P.M. Respect] a Kathiesil8-nate ® I Sco ttt, Er Date Architectural/Engirmering Review Board Page 2 f Arch itectural/Engi nearing Reviewc 1 '. Page 156 of 169 AGENDA ITEM #18.A.1. MONASHKA BAY ROAD SERVICE AREA Regular Meeting and Public Hearing E C I11' Dec 17, 2014, 5:30 PM, Bayside Fire d �N6 �C„ur IliCU Il,. lA ,�ALUA4KA Call to Order5:30 Roll Call A Dana,T Lance,S Ste ensen, R Spivey present Open Forum(Public comments limited to 3 min.)None Approval f Agenda Motion to approve agenda y R Spivey Sec by Andrew motion passe Approval of Minutes from July 02,2014 Regular Meeting Motion to approve by R Spivey Sec by 5 Ste enson motion passed Reports Brechan graded roads over Thanksgiving week,cost 1000.00 Unfinished Business—none New s es request to install mirror at forest Car blind carve ®tion by R Spivey Sec by A Dana to place a wide angle convex mirror at the forest dr blind curve, Motion passed. Board Comments S Steffenson discussed his concern i the culvert work at Mountain View and Monashka Bay Rd, Culvert o short on west side, which could cause a hazard for vehicles turning onto Mountain view from the west lane. T Lance will.talk to ADOT. Welcome to new oar a bet Andrew Dana. Adjournment Next Meeting: arch 04 2015 Adjourned a :Motion to adjourn by S Steffenson Sec by A Dana Motion passed Signed/Date ,r Randy Sp vey,Secretary Thomas Cartes, h man Architectural/Engineering Rvi r c of 169 MONASHKA BAY ROAD SERVICE AREA REGULAR MEETING AND PUBLIC HEARING IVSD MARCH 18, 2015,7PM, BAYSIDE FIRE HALL DEC "2 i 2015 1. Call to order:7:05 2. Roll Call:'T c i . KIN A .11a ,L A WS 1 uc�. 3. Open Forum. Resident s t culverts repairs " responsible r the repairs and cost. Also it was noted that our board member A Dano was filling f the pot holes by hand and complimented i J 4. Approval Motion to approveSpivey Dano, Motion passed. 5. Approval of minutes : 12-17-2014 Regular meeting. Motion Spivey r v minute's sec by A Dano, motion passed. 6. Reports: Mirror on Three sistersis workingnicely warn of oncomingtraffic,sign damage atsamepost for signs will be procured. business:7. Unfinished business: None 8. New Public iFiscal r 2016 Annual Work Program Presentation c r ,fiscal year 2016 and Fiscal Year 2016 Annual Work Program (Jul 1 Board Action: Motion to by two bags of calcium chloride for dust control made by R Spivey cond by A Dano motion passed. Motion to approveI work plan Lance, ti passed. Motion to approveENTERPRISES, INC.contract for road Maintenance ir Servicesfr Monashka Bay Road Servicer r additional one year. Made by T Lancec ti passed. Election :Chair Motion for Tom Lance to chair by A Dano cond by R Spivey, motions € for A Dano for Vice Chair by R Spivey second by T Lance, Motion passed. ti for R SpiveySecre- tary Lance second by A Dano, motion . 9. Open forum Boards n 10.Board comments: None Arch itectural/Engi neering Reviewrd RM October 28, ; ... Page 158 of 169 AGENDA ITEM #18.A.1. MONASHKA BAY ROAD SERVICE AREA REGULAR MEETING AND PUBLIC HEARING MARCH 18,2015,7PM, BAYSIDE FIRE HALL 11. Schedule&Adjournment Next meeting.Work Session/Spring RSA Walk 02 May 9:00arn Motion to Adjourn meeting by R Spivey second by T Lance motion passed 8:06pm aCh #4 Randy spo5vey,;Secretary, Th mas Lancence,,Ch n Arch itectural/Engineering Review Board RM October 28, 2014; ... Page 159 of 169 AGENDA ITEM #18.A.I. RE C E RE�Q SOLID WASTE ADVISORY BOARD REGULAR MEETICI NG MINUTES October 19,2015@ 5:15 PM '2 1 1. ri Call to order Kodiak Fishees Research Center 90—villij-7 a_6 71 ofmn 7c–j J10111AKu ALASKA Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:18 p.m. an October 19,2015 at the Kodiak Fisheries Research Center. 2. Roll Call J.Clay conducted a rail calla a quorum was established. The following members present were Chair Nick Szabo,Scott Arndt,Tia Leber,Steven Neff and Jennifer Culbertson. Also present were Non-Voting Ex-Officios Joe Lipka,KIB Staff Representative, Dan Rohrer, Assembly Representative and Robert Gray,USCG Environmental division Chief. 3. Approval of Menda ARNDT moved to approve teagenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. Approva I of,Previous Minutes–October S,20 15 ARNDT moved to approve the minutes of October 5,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. S.Visitor Comments None. 6. A. Solid waste Handling Options–Joe Lipka,KIB Solid Waste Manager/Env.Spm– Lipka updated the board on the Solid Waste Questionnaire (Survey)which closed today.All manual surveys were being assembled and added to the online information. There would also be a summary of all the written comments. Below are the recommendations of the board for this meeting in of is were added to last meetings to recommend/not recommend. After much discussion the board decided to recommend to the assembly 1)everyone should pay the same amount for garbage whethert e ad a roll cart or used the dumpster.2)Because of bear problems,Sellef Lane,Sharatin and Hillside Roads would have roll carts removed and have dumpster service only.31 Add Selief/Von Scheele location to be Solid Waste Advisory Board Regular Meeting October 19,2015 Page 1 of 3 Architectural/Engineering Review Board RM October 28, 2014; Page 160 of 169 AGENDA ITEM #18.A.1. a Solid WasteDisposal area with dumpster clusters. }All Dumpster Cluster areas should e graded and fenced on three sides. si I t garbage fees wouldi ecil Assessment a1 i r i Island r .[ t spillage of roll carts, adjustmentan to the collectioni reconsidered so carts are not placedcur during night/earl ring when bears areactive. The board wouldrecommend to the assembly 1)Bear Resistant Roll Carts.2)A Three year extension on the present contract for Alaska Wasteana a ent. )in existingroll areas,cart (not Including ll ar tin and Hillside)If you wantedti roll cart services you woI its (Subscription)fee. Lipka oint t the potential dumpster cluster locations.Board discussionn dumpster locations ensued. It was decided to add the OldReservoir to the list of sites to be Investigated.It was mentioned that the cost to add one roll off and have that roll off tipped once per week was approximately$8,500 per year.Staff along withlas ste Manager, lcy Daniels would Inspect eachsite to determineif they were suitable. Cost estimates to Improve c site and make them accessibleto include cost ofthree sided fencing possible avi oardiscussed the Dumpster Cluster sites possibilities to Include recycling containers co-located withthe dumpsters, 1 binr cardboard i for lasts / r oar / i metal and aluminumcans.Current drop off centers(such as the one at the Harbor)may be removed relocated or added. Board iscusse unity Collection Center which wouldbe a multi-purposefacility with a possible location In the Selief/von Scheele area.The Board would present the Assembly both options of being staffed and unstaffed.The site would Include dumpsters, recycle ins and a reuse center. Chair Szabo asked staff If ere going to give an alternative report tote Assembly.Bob Tucker,KIB Engineeringn Facilities Director,responded that he didnot agree with all o SWAB's recommendations but did not plan an givinga report unless asked by the Assembly. If asked for hiso inion,he would notagree with SWABS decisiontont extend Alaska Waste's contract. os notagree that they are not recommending obtaii the bear resistant roll carts and he doesn't agree with SWAB not examining the survey closer to understand what the community wants.SWAB does not agree it the Survey is saying. ray,USCG Representativerecommended t SWAB not get backed Into a corner right now.They should evaluate everything that comes In against what they are proposing.If you goagainst the public you will never make i . if you ask the public you have of to use their Information orte backlash wouldbe horrendous. Lipka reiterated that dollar signs have gott a put an a lot of the options.Board discussionensued. Solid Waste Advisory BoardRegular Meeting October 19,2015 Pae 2 of 3 Architectural/Engineering Rvi r October 28, 2014; ... Page 161 of 169 AGENDA ITEM MAJ. Dan o rr requested a to go back 2 to 3 years to find out how many dumpsters there were as opposed to now. B. Visitor . 9.Board rComments: Tia Leber—The reuse center may be obsolete or redundant ec s f Fac ook's Swip Swap and BigSwap.There's aft of reuse goingthere. cant recommend ti in for shelter is y not be used. Jennifer Culbertson- None. Steven Neff—He gave clarification on a photoIn o r showing a recycle and clumpster cluster site.Homer also has a manned reuse facility. Scott Arndt—None. Nick Szabo—He thanked staff for all their hard worktheir contribution to deliberations ere. 10.Meeting ----Schedule. The ext regular tin s scheduled Monay,December 1 ,2015. 1.Adjournment ARNDT moved to adjourn meeting. VOICEVOTE TION CARRIED UNANIMOUSLY. The meeting s adjourned at 7:07 PM. SUBMITTED BY: Date: Jen Clay,Sec tary KIB Engineering/Facilities Department APPROVED : "7 Date, )ic5za gbo,C h air Solid se Advisory Board Solid Waste Advisory BoardRegular Meeting October 19,2015 Page 3 of 3 Architectural/Engineering Rvi ; ... Page 162 of 169 AGENDA ITEM • • r Kodiak Island Borough RECEIVED, Planning i Commission EC � '@ 115 Minutes m. PP November 1 2015 .,.W„ 34 ►n?..��.. ...a CALL TO ORDER VICE CHAIR BALDWINI to order the November 10, 2015 regular m etin of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR BALDWINled the pledge of allegiance. LL CALL Requested to be excused are Scott Arndt due to a family emergency. Commissloners present were Jay Baldwin,Alan Schmitt,Maria Painter,and Gregpals er. Excused was Scott Arndt.Absent was Kathyr (submitted nation 1111312015). quorum was established Community Development Department staff pfesent was Director Pederson,Jack Maker,and Shelia Smith. COMMISSIONER SC ! to excuse Scott Arndt. VOICE VOTE ON MOTION1 r L APPROVAL OF AGENDA COMMISSIONER SCHMITTVI~ to approve the November 18, 2016 Planning & Zoning Commission agenda. VOICE 1UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the August 19, 2015, September 16, 2015, and the October 21,2015 Planning&ZoningCommission minutes. COMMISSIONER SCHMI stated for the co a minutes for the August 19,2015 on pages 16&17 of the packet. On the top of page 16 it lists the conditions of approval and then on page 17 at the top there was a motion to amend that was approvedto add to Condition#3 that the sign shall be placed within 30 days after Issuance f ft Conditional Use Permit. Thatdoesn't appear on page 1 , Item 3 but he checked the role in the borough ice and the letter that went to the city tion that 30 day requirement. He said it needs to be clarified so people looking t those minuteswon't be confused.(Motion to Amend made after main motionwas voted on). VOICE VOTE T!ON CARRIED UNANIMOUSLY CITIZEN None PUBLIC HEARINGS Amending the Recreational Vehicle Park Standards of KIBCTitle 17 Zoning (postponed fr the September 16, 2016regular meeting). Request an ordinance amending I t 17.2 (Definitions) 17.1 (Recreational Vehicle Parks) to revise and update the standards for recreational vehicle parks In the Borough. This 11/1 /2016 Planning and Zoning Commission Regular Meeting MinutesP e l of 7 Architectural/Engineering RVie r October 28, 2014; ... Page 163 of 169 AGENDA ITEM #18.A.1. ordinance will also amend the following KIBCto to specifically list recreational vehicle parks as a conditional or prohibited use: • 1 ( - if life Habitat District) • 17. (C-ConservationDistrict) • 1 . (RD-Rural vlp tDistrict) - 1 (RR2-Rural Residential Two District) r 17. (RR-Rural i entialDistrict) • 17.70(RR1-Rural Residential One District) 17.7 (1111-Single-family ResidetialDistrict) ® 1 (112-Two-family Rei tilDistrict) • 17.85(113-Multi-family Resf entialDistrict) - 17.95(RNC-Rural ei horoo ercialDistrict) • 17.1 (UNC-Urban Neighborhood CommercialDistrict) 17.10 ([-IndustrialDistrict) 17.110(118-Retall BusinessDistrict) • 17.120(LI-Light Industrial District) • 17.13 (PL-Public a LandsDistrict) The applicant Is the Kodiak Island Borough.The location Is borough-wideand the zoning varies. The motions on the table made at the September 16,2015 regular meeting were: Main Motion an Table: COMMISSIONER SC I to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Chapters 17.25 KIBC (Definitions), 17.65 KIBC(Recreational Vehicle Parks),and related Chapters of Tille 17(Zoning) to revise and update the standards for recreational vehicle parks in the Borough and to specifically list recreational vehicle parks as a conditional or prohibited land use, and to adopt the findings of fact listed in the staff report entered Into the record for this c "Findings of Fact'for this code amendment and to delete the word 'uniform'from Lina 240 of the proposed ordinance. Amendment on Table: COMMISSIONER CROWChapter 17.100 t allow Urban Neighborhood Commercial and to allow Rural Neighborhood Commercial Dqstdcls to be unconditional and further amend 17.165.080 to allow those changes. Jack Maker stated at the September 1 , 2015 regular meeting, the Commission postponed these proposed amendmentsto the October 21,2015 regular meeting. e to a lack of quorum at that meeting, the proposed amendments rther postimned to the November 18, 2015 regular meeting. At the October 14, 2015 work session, the Commission further vi the proposed amendments om ed additional changes. Those changes were Incorporated into Me revised ordinance in the writtenstaff report. Staffrecommends the revised ordinance be substitutedfor the version provided for the September 1 , 2015 public hearing COMMISSIONER CH I TO AMEND by substitution the attached ordinance amending Chapters 17.25 KIBC (Definitions), 17. 5 KIBC (Recreational Vehicle arks), and related apt f Title 17(Zoning). Close regular meeting open public hears None Close public hearing&open regular meeting: During discussion, there was consensus for approval. Concern about the Industrial zone being included and the need for long-term l nni re: avallablitty of sites zoned Industrial and retaining them for industrial activities,and currently being an unconditional use. 11/18/2015 Planning and Zoning Commissions Regular Meedng MinutesPage 2 of 7 Arch i cturll n i neering ReviewBoard ct r 28, 2014; ... Page 164 of 169 AGENDA ITEM #18.A.1. FINDINGS F FACT(KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options In Kodiak. The use of recreational vehicles temporary housing y be one part of a regulatory solution to address thismulti-faceted issue. 2. Theamendments to Chapters 17. 5, 17.165, and related hapt of Title 17 KIBC are intended to ease the regulatory burdens associated th establishing a new recreational vehicle park or expanding an existing recreational vehicle park. . Theamendments to Chapters 17.25, 17.165, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically,affordable housing. 4.The Planning nd Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.165, and related Chaptersof Title 17 KIBC. ROLL CALL VOTE ON U077ON TO AMEND CARRIEDUNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND FAILEDUNANIMOUSLY ROLL CALL VOTE ON MAINTi 1UNANIMOUSLY Case (postponed from the October 21, 2015 regular eeti ). Request a vacation of a portion of the plattedon ha Circle cul-de-sac right-of-way adjacet to Lo , 110A, 11A, and 11213, Block 1, Monashka BaySubdivision (KIBC 16.60). This vacation will reduce the diameter of the cul-de-sac from 'to 1 '.The applicant Is the Kodiak Island Borough and theagent Is Read Oswalk Chair, Bay ViewService Area. The location is the North and of MonashkaCircle and the zoningIs RRI-Rural Residential One. Maker staled this request seeks to vacate o f the diameter Monashka Circle cul- e- right-of-way, reducing the right-of-way to a 100' diameter circle. Staff research raised concerns listed in the staff report. We did note that the Improved driving surface doesn't meet what's required by eAstingFire Code,which is a 96 foot diameter circle.The primary concern I to ensure retention of adequateright-of-way to accommodate the required ' diameter Improved rivin surface and ancillary support areas such as slope and ditching.There is steep sloping topography n ant to ensure that there's enough retained and what is vacated does not serve public need. The applicant has not provided enough Information to make that determination. Subsequently, it is not possible to accurately Identify the portion of right-of-way that ht (- that does not serve a public need. On October 21P, Mr. Oswalt submitted an additional drawing that did more accurately depict the existing conditions and It further shows that it's nota 96 foot diameter Improved driving surface but it did more accurately e t the driveway locations. Twenty-eight p is hearing notices were mailed an September 9, 2015. o public hearing notices to tff recommends postponement to allow the applicant time to provide additional Information that shows the actual area requiredto support the improv cul-de-sac. At the request of the Commission.staff extended the extension period to six monthsas reflected In the motion provided In the supplemental staff report for this case. COMMISSIONER PAINTER MOVED to postpone Case S16-003to the May 18, 2016 Planning and Zoning Commission regular meeting. Close regular meeting&open public hearing: Read alt, agent-Bay oService , stated if the commission would driveout there to look at this they will see It's quite a bit smaller than the 1 DO foot it should potential we have right now Is we have a person who'sn to be doing some work on their propertya situation where we can start dumping on there. It Is their intent to get it to the correct size. Oswalt was unaware that there was a problem there. When the area was ditched, we found we did have a problem, and In doing that we found there Is not a cul-de-sac that malches with the required cul-de-sac of 100 foot circle. We then found it was a 200 foot 11/16/2015 Planning and Zoning Commission Regular Meeting MinutesPage 3 of rch itectural/Eng ineeri ng ReviewBoard cto er 28, 2014; ... Page 165 of 169 AGENDA ITEM #18.A.l. circle so he took the manager to see it and he said the best thing to do was to get it down to 100 feet so that'swhat wdre trying to do. If we can get It to 100 feet we can probably get it like it's supposedto b .The service area district decided to get It down to 100 feet to make it comply. Close public hearing open regular meeting: Discussion regarding the need for more information on elevation and how they will geta 96 foot diameter,possibility of water and sewer services being installed in the future,and postponing for further information to be gathered.Consensus on postponing. Maker stated one thing that would allow us to determine the area required to accommodate the cul-de-sac would be reconstruction of the cu sac to meet the standards, and provide surveyof the areawith l ,topography, n any ditching ill show us what area isn't required for support of the cul-de-sac. The other option would be to provide drawings from State licensed in i that shows the actual footprint required to accommodate the 96 foot driving surface. The 100 foot is the minimum diameter but within that 100 foot has to he all the ancillary support areas such as the slope and ditching. COMMISSIONER I said we got some feedback from some of the review agencies with one being from the Fire Marshal who said per Table D. 103 of the adopted 2009 International Fire Code, a minimum of 96 foot diameter driving u is required in the cul-de-sacs. Because it is required,it would be difficult to go against the Fire Marshal and the Fire Code. Mr. Oswalt said with the grader going down there on the road, theycan't make a full turn like they would do in a normal cul-de-sac so the grader Itself Is hindered. It was never completed correctly according to the original engineered drawingsanything else. Someone missed the boat. ROLL CALL VOTE ON M077ON CARRIEDUNANIMOUSLY C) Case 16-003 (postponed from the October 21, 2016 regular meeting). Request Comprehensive Plan amendment to change the Future Land Use Designationof Lot 1, Sawmill Subdivision, from n Space/Recreation to Industrial/Light Industrial (IBC 17.205).The applicant Is Surf and ,LLC and theagent Is Doreecet .The location Is 1667 Easto k oad and the zoning Is C-Conservation. Maker stated this Is a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Indus ` ' ht Industrial. This is a necessary prerequisiteto rezone the subject lot from -Conservationto I-Industrial. If the Future Land Use designation is changedto Industrial/Light I ustrial, the subsequent rezone request would be consistent with the adopted Comprehensiven. Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. Five public hearing notices mailed on September 10, 2015. One public hearing notice opposing e amendment was returned. taff has determined that the amendment request Is consistent with the Objectives of the adopted Comprehensive Plan and meats the requirements of Title 17 of the Borough Code for amendments and changes. Staff recommends at the Commission forward this request to the Kodiak Island Assembly with a recommendation for approval. COMMISSIONER PAINTER to recommend that the Kodiak Island rough Assembly approvethe Comprehensive Plan amendment to change the FutureLand Use Designation of Lot 1, Sawmill Subdivision from pen SpaceJRecreallon to Industrial/Light Industrial and to adopt the findings of fact listed in the staff report entered Into the record for this case as 'Findings of Fact"for Case No. 16-003. COMMISSIONER PAINTER stated the Case Is 1 but the staff report motion says 16-002 o she corrected the motion to say Case 16-003. Close regular meeting&open public hearing: 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 4 of Arch i crall in rin view Board RM October 28, 2014; ... Page 166 of 169 AGENDA ITEM #18.A.1. None to public hearing&open regular meeting: Discussion an this site abutting Industrial land and being compatible with existing land uses, findings of fact covering It well, being the right size with adequate buffers.There was consensus to grant approval. FINDINGS OF FACT(KIBC 17.206.020.A-C) 1. The amendment will recognize long stng industrial uses an this she. Z The lot Is of sufficlent area and provides suitable building sites for industrial use. 3. The lot Is adjacent to 1-Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of Industrial uses without negatively Impacting the surrounding area. The I-Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are nonegative impacts with future Industrial development. 6. The amendment Is consistent with various objectives of the adopted 2008 Comprehensive Plan and will facilitate a rezone that will futther Implement those objectives. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D)Case S16-005: Request preliminary approval of the replat of Lots 1 thru 40, Cliff Point Estates Subdivision, vacating and reestablishing associated easements, and creating Lots 1 tu 36 and Tract A, Cliff Point Estates Subdivision, Oceanfront Addition (KIBC 16.40). The applicant is Oceanfront Kodiak LLC and the agent Is Mark Anderson. The location Is Cliff Point,Milepost 14 ChInlak Highway and the zoning Is C-Conservation. Maker stated On October 28, 2015, the applicant advised staff that they were revising the Preliminary Plat submission for this subdivision request.A subsequent request to postpone the public hearing to the December 16, 2015 regular meeting was submitted that same day. The revised plat was submitted on November 4,2015.The specific revisions Include reconfiguration of a roadway and affected lots and a reduction In the number of proposed lots. Postponement will accommodate re-advertisement of this request to allow public and review agency comment on the revisions,as well asprovide the additional time required for staff review of then plat. COMMISSIONER SPALINGER MOVED to postpone Case S16-005 to the December 1 , 2015 Planning and Zoning Commission regular meeting. to regular meeting&open public hearing: one to public hearing&open regular meeting: ROLL CALL VOTE ON 007ION CARRIED UNANIMOUSLY OLD BUSINESS A) Discussion an amendments to Title 17 KIBC (Zoning) to establish development standards for Accessory Dwelling Units. Director Pederson stated it was his understanding that we are queuing this up for public hearing for the December-meeting so we'll get that packet out to you. Also on Item 8B. the Small Lot Subdivision but we can queue that up for discussion at the December work session and we can advertise It for public hearing. If the commission Is not ready to got there you can continue it to January. It would make sense to advertise It should you be comfortable with the language at the 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page 5 of 7 Arch itectural/Engineeri ng Review Board RM October 28, 2014; ... Page 167 of 169 AGENDA ITEM #18.A.l. time of your packet review. He said the PUD is background and he had mention wouldn't tackle that until January the soonest,and the Mlamey Hillswe'll tackle after we get through with the PUD. Discussion on amendmentsto Title 17 KIBC(Zoning)t blip development standards fora Small Lot Subdivision ZoningDistrict. Director Pederson gave staffport under Old Business A. Distribution of background Information on Plannednit Developments. Director Pederson gave staff report under OldBusiness A. J Tract - , Killarney Hills Subdivision Planning Discussionp ate- l c ld r Director on gave staff report under Old Business A. BUSINESSNEW None COMMUNICATIONS None REPORTS Meeting Schedule: • December , 15 work s s n-B: 0m- I Conference Room • December 16,2015 regular meeting-630prn-Assernbly Chambers • Discussion of potential dates for additional special meetings Director Pederson stated when we have the December work session we can discuss any additional meetings you want to hold in January on any of these items. Minutes f Other Meetings • June 23,2015 Parks and Recreation Regular Meeting • July 28,2015 Parks and Recreation Regular Meeting November Abbreviated&Final Approvals-Subdivisions • 15-013.Abbreviated Plat Procedure-Transmittal Memo&Plat 2015-26 • 515-018.Abbreviated Plat Procedure-Transmittal Memo&Plat 2015-25 S16-001.Abbreviated Plat Procedure-Transmittal Memo&Plat 2015-27 COMMISSIONER 1 to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION ! 1 L. STAFF COMMENTS Director Pederson stated that we've hired an associate planner. Jack Maker was promoted t associate planner filling Martin Lyic 's position, and we advertisedand selected Sarah Mason. She Is currently employed with DOT In Juneau and she'll be starting the first a in January. She's trained as a planner and has worked in Fairbanks,Anchorage,and Juneau. CITIZEN None COMMISSIONER Maria Painter wished everyone a happy Thank ivin . Alan Schmid commanded the vice chair for his handling of the meetingtonight. 11/18/2015 Planning and Zoning Commission Regular Meeting Minutes Page b of 7 Architectural/Engineering Rei r October 28, 2014; ... Page 168 of 169 AGENDA ITEM #18.A.1. Jay BaldvAn thanked staff for the opportunity for the training In Anchorage; it was a leaming experience.He vdshed everyone happy holidays. ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn. VICE CHAIR BALDWIN adjourned the meeting at 7:13 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: -5,- Scott Arndt.Chair ATTEST By: nae�jQn V-�� Shelia Smitir, Secrefe—ry Community Development Department APPROVED: r1 ,2015 11/1B/2015 Planning and Zoning Commission Regular Meeting Minutes Page 7 of 7 Architectural/Engineering Review Board RM October 28, 2014; ... Page 169 of 169 Kodiak Island Borough Assembly Regular Meeting Guidelines January 7, 2016, 7:30 p.m., Borough Assembly Chambers PIi,,,,,lEASE. ANl t;tplNt IIE;,W Ilf:"1Ipease reimernber to turas off dingenrs on yicntr cellp Iphonrmes or Il,ldut theirn oin viliratie.. 1 INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 2.. PLEDGE OF ALLEGIANCE— Mayor Friend 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 Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION. 5, APPROVAL OF MINUTES None. 6. AWARDS AND PRESENTATIONS A. Stalking Awareness Month proclamation for January • Accepting: Kodiak Women's Resource and Crisis Center Outreach Coordinator Lauren Humphrey. 7'. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Pleasw ask mspeakeirs to: l. Sign in 2. state t';helir inan"iiie for the recoui.d 3. turn on the rralcrophone Il,iefore 'sill:malding 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 1 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership, Transfer of Location, and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. Note: 14 Public hearing notices were mailed on December 15. An email was received from the State of Alaska DOT&PF, Central Region Aviation Leasing and attached on green paper. Recommended motion: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership, Transfer of Lcoation, and DBA Name Change permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits#622. Staff Report—Clerk Javier These are the options available to the Assembly. • Move to amend the motion with condition that the applicant meets proper lease authorizations to operate a package store at the proposed site/property. ROLL CALL VOTE ON MOTION TO AMEND 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 MAIN MOTION AS AMENDED. • Fail the motion voicing non protest and adopt the motion below: ROLL CALL VOTE ON MOTION TO VOICE NON-PROTEST. Recommended motion: Move to voice protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership, Transfer of Location, and DBA Name Change permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622 due to the applicant not meeting proper lease authorization to operate a package store at the proposed site/property. Assembly discussion. ROLL CALL VOTE ON MOTION TO VOICE PROTEST. Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 2 B. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. Note: 45 public hearing notices were mailed on December 15. No responses were received. Recommended motion: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and DBA Name Change permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. Staff Report—Clerk Javier Clerk's Note: Attached on purple paper are notifications from ABC Board and the applicant for rescinding the application. 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. Recommended motion: Move to postpone indefinitely the transfer of ownership and name change permit for Island Grocers, LLC. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY. C. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003). Note: 5 public hearing notices were mailed on December 18. No responses were received. Recommended motion: Move to adopt Ordinance No. FY2016-10. Staff Report— Manager Cassidy Clerk's Note: Attached on yellow paper are the responses received. 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 January 7, 2016 Page 3 D. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. Recommended motion: Move to adopt Ordinance No. FY2016-11. Staff Report—Clerk Javier 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. The motion before the Assembly is to adopt Ordinance No. FY2016-07. Staff Report—Manager Cassidy Clerk's Note: Attached on WINJIM is a substituted version of Ordinance No. FY2016-07. Recommended motion: Move to amend Ordinance No. FY2016-07 by substitution. Assembly discussion. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 4 13. NEW BUSINESS A. Contracts— None. B. Resolutions 1. Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. Recommended motion: Move to adopt Resolution FY2016-22. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $1,815,000 To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters. Recommended motion: Move to adopt Resolution No. FY2016-23. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a Kodiak Representative to the North Pacific Fishery Management Council. Recommended motion: Move to adopt Resolution No. FY2016-24. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 5 D. Other Items 1. Declaring a Seat on the Solid Waste Advisory Board Vacant (Ms. Tia Leber). Recommended motion: Move to accept, with regret, the resignation of Ms. Tia Leber from the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancy per Borough code. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Jeff Stewart). Recommended motion: Move to confirm the mayoral appointment of Mr. Jeff Stewart to the Solid Waste Advisory Board for a term to expire December 2016. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr. Patrick Saltonstall, Mr. Helm Johnson, and Mr. Ben Millstein). Recommended motion: Move to confirm the Mayoral appointments to the Parks and Recreation Committee as follows: -Mr. Helm Johnson for a term to expire December 2018 *Mr. Patrick Saltonstall for a term to expire December 2018 *Mr. Ben Millstein for a term to expire December 2017 Assembly discussion. ROLL CALL VOTE ON MOTION. 14. EXECUTIVE SESSION A. Strategies in Negotiating the Hospital Lease. Recommended motion: Move to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Manager, 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. Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 6 Note: No action can be taken during executive session except to, instruct borough attorney or labor negotiator. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces: • The Assembly discussed strategies in Negotiating the Hospital Lease and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Meuse ask speal elirs to: ,I sign lun 2. sta is tll elinr` inanw for flle ur°elcourld 3. tuur°n on tllr eurniicin''°olphon ion,, llieAc.aurs. qpsakiiriu 16. ASSEMBLY MEMBERS' COMMENTS Announcements—Mayor Friend The Assembly will hold a work session on Thursday, January 14 at 6:30 p.m in the Borough Conference Room. The Assembly will hold a strategic planning meeting on Saturday, January 16 from 8:30 a.m. to 12:30 p.m. in the Borough Assembly Chambers. The Assembly will hold a special work session followed by a special meeting on Tuesday, January 19 at 6:30 p.m. in the Borough Coference Room. The next regular meeting is scheduled on Thursday, January 21 at 6:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 7, 2016 Page 7 . .._. m ._ __°°°.- __. _w .., O Z ; uj ui oll ® � c a �!a.u�u � ��a LD Z LD O ❑ CD � a� E u_ .. 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O I— x m Q1 .c a) a �,., ._.... - ......... _.. .. .,r, U � cc uj SII n O ... ...... 1� � - CA j O to cr 6y w U) N � .. 0 L d w iri •tri ?e N i a i d ` Q. q ilk o 0 o CD c v v d a. oc U} CA U3 „ m 0 m LU N r 2 1 • KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: ``� Please 12111::111N""1111 your name Pleaseill llll° II ""ir your name View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of January 7, 2016, the Kodiak Island Borough Assembly Took the Following Actions. There is a Special Meeting Scheduled on Thursday, January 14, 2016 at 6:30 p.m. in the Borough Conference Room. There is a Special Meeting Tuesday, January 19, 2016 Immediately Following a Work Session in the Borough Conference Room. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, January 21 2016, at 6:30 p.m. in the Borough Assembly Chambers. PROCLAIMED the Month of January 2016 as National Stalking Awareness Month Applauding the Efforts of the Many Victim Service Providers, Police Officers, Prosecutors, National and Community Organizations, and Private Sector Supporters for Their Efforts in Promoting Awareness About Stalking. POSTPONED the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership , Location, and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622 to a Special Meeting on January 14, 2016. POSTPONED INDEFINITELY the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWe st Company dba Island Grocers #1796. ADOPTED Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision From Open Space/Recreation T o Industrial/Light Industrial (P&Z Case No. 16-003). ADOPTED Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. AMENDED, ADOPTED Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. ADOPTED Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. ADOPTED Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $1,815,000 To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters. ADOPTED Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a Kodiak Representative to the North Pacific Fishery Management Council. ACCEPTED, with Regret, the Resignation of Ms. Tia Leber From the Solid Waste Advisory Board and Direct the Borough Clerk to Advertise the Vacancy per Borough Code. CONFIRMED the Mayoral Appointment of Mr. Jeff Stewart to the Solid Waste Advisory Board for a term to expire December 2016. Vol. FY2016, No. 14 January 8, 2016 Kodiak Island Borough Assembly Newsletter View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough CONFIRMED the Mayoral Appointments of Mr. Helm Johnson and Mr. Patrick Saltonstall for terms to expire December 2018 and Mr. Ben Millstein for a term to expire December 2017 to the Parks and Recreation Committee. CONVENED Into Executive Session to Discuss Strategies in Negotiating the Hospital Lease, a Subject Matter That the Immediate Public Knowledge of Which Would Tend to Affect Adversely the Finances of the Borough and INVITED the Borough Mayor, Assembly, Manager, and Clerk ’s Office Staff Into Executive Session. Mayor Friend ANNOUNCED That Assembly Members Dan Rohrer, Rebecca Skinner, and Mel Stephens Would Join Staff as a Part of the Hospital Lease Negotiating Team.