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2015-12-17 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 17, 2015, 7:30 p.m., Assembly Chambers Page 1. INVOCATION 2, PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 5 - 27 A. *Regular Meeting Minutes of November 5, 2015 and December 3, 2015 and Special Meeting Minutes of November 12, 2015. esti _ mutes c cve ber 5gy 12g an ec ber 6. AWARDS AND PRESENTATIONS 28 - 58 A. Engineering and Facilities Department Update • Landfill Update • HS Project Update Latera lExpa nsion12201 151218 AssqMhlypresentation 7.. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments l COMMITTEE REPORTS Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing Numbers:Toll Free(855)492-9202 and Local 488-3231. Visit our website atwIuodici�'Iliila:l � lllmm'urnlllauura:uiiiu lllui 0 KodiakBorou h Page 1 of 197 9. PUBLIC HEARING 59 - 88 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. Y 1 7 and C t ffe orfs i 6gLlicable P&Z Minutes - Pdf 89 - 97 B. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. Ordinance - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.6. Resolutions 13.C. Ordinances for Introduction 98 - 133 1. 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 Y 1 m1 0, Applic ble Minutes, and ApplicablePacket - Pdf 134 - 137 '. 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 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. at � VH��WA(i��,I�� wu1 � uill.iillliru' , � �. �� @KodiakBorough NIVSIt�IOUP��website��' Page 2 of 197 of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. Ordinance 1Pdf - 13.D. Other Items 138 - 141 1. Mayoral Appointment to the Planning and Zoning r Commission City Seat of Mr. Barry Altenhof. Plan n i o ing Commission -Altenhof- Pdf Citv Recommendation 142 - 146 2. Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. Code For i C a e ® f 14. EXECUTIVE SESSION A. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Cases. 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 147 - 188 1. Planning and Zoning Commission Minutes of August 19, 2015, September 16, 2015, October 21, 2015; Parks and Recreation Committee Minutes of October 27, 2015; Fire Protection Area No. 1 Board Regular Meeting of October 13, 2015 and November 10, 2015; Service Area No. 1 Board Regular Meeting of October 6, 2015; and Womens Bay Service Area Board Regular Meeting Minutes of November 3, 2015. eti i utes of Cher oar s 18.13. Reports 189 - 197 1. October 2015 Change Order Report, KHS Wilson, Other 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 uuuuu °uuuu ui uIIV:a uu:l4w. oiiirmuu�'Il o��duicmlll iiiisl:�uru it 1 r�a�jr KodiakBorou h wuuru Ilkadiiakallk ul,u�� .....................................................Q"I........,,....m.b. @ 9 Page 3 of 197 Projects Report, Project Budget Summary, and Project Contingency Summary. October ro ct Reoorts 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 lo kod(website at �^��uwwuw fa el)o ,l m X114 Uu l ii„ Ill � 11 w ur u� 11„ i @Kodiak8orough Page 4 of 197 AGENDA ITEM M.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting November 5,2015 A regular meeting of the Kodiak Island Borough Assembly was held on November 5, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Clerk Javier provided the Clerk's Office Update to the Assembly. CITIZENS'COMMENTS Judy Kidder expressed appreciation to the Clerk's Office presentation. She asked that the Borough assist with the administration of the Jackson's Mobile Home Park (JMHP) relocation fund. Teri Storch spoke to the 1989 Exxon Valdez Oil Spill (EVOS) reopening petition to open the lawsuit. She advocated that the Assembly support the reopening of the lawsuit. Pat Jacobson, Pat Holms, Scott Smiley, Lei Guo, and Jay Stinson spoke in support of the letter urging the University of Alaska to reconsider the decision to close the UAF Kodiak Seafood and Marine Science Center. Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 1 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 5 of 197 AGENDA ITEM #5.A. Pat Holms thanked the Assembly for the continued support on the efforts in keeping the federal designation for Kodiak as Rural. He also thanked the Clerk for the provided support to the public. Roberta Austrino. Senior Citizens of Kodiak (SCOK) Board Member, provided an update on the current activities at SCOK and invited the Assembly to visit. Virginia Adams and Kent Cross spoke to the burnt timber in Chiniak and keeping the 800 acres of Borough land intact. John Whiddon spoke in favor of Contract No. FY2016-17 Economic Analysis Consulting Services. Jonathan Strong spoke to the drug problems in Kodiak and the amount of money leaving town to drug and alcohol rehabilitation programs elsewhere. He reported that Life Changers Outreach committed to opening a women's recovery center in Kodiak. Dave Masinter thanked the Clerk for her diligence. He invited the Mayor and Assembly to attend the Veterans Day memorial service at 11a.m.on Veteran's Day at the American Cemetery. COMMITTEE REPORTS Assembly member Rohrer provided an update on Solid Waste Advisory Board survey. He noted that over a hundred people in the community filled out the survey and hoped that the results would assist in determining the direction the Solid Waste Advisory Board(SWAB)would take. Assembly member Skinner provided an update on the Kodiak Fishery Work Group and the Kodiak College Advisory Council, She noted that SWAMC met in a retreat and annual meeting at the end of October and voted to accept funding from the US Department of Commerce National Institute of Standards and Technology to become the manufacturing extension partnership entity for the State of Alaska. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Reported on staffs role in fighting the subsistence status change of Kodiak from Rural to Non-Rural designation • Inquired if there was still interest to travel out to Chiniak to view the fire damage • Attorney would be available at AML for a breakfast meeting in Anchorage • Anton Larson Dock has been repaired and now open for business • The Alaska Chapter of the Solid Waste Association of North America would hold its meeting in Kodiak next year • He serves on the Alaska Seismic Safety Committee as a local government representative and would be attending their meeting in Fairbanks Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 2 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 6 of 197 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reminded everyone that school was back in session and to use caution while driving. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly. 1. Election of the Deputy Presiding Officer. Mayor Friend opened the nominations. LEDOUX moved to nominate ROHRER as Deputy Presiding Officer. STEPHENS moved to nominate SKINNER as Deputy Presiding Officer. Mayor Friend closed the nominations. The Clerk collected the ballots cast by the Assembly members and declared that Assembly member Skinner was nominated having the majority votes. Assembly member Skinner was announced as DPO. Contracts 1. Contract No. FY2016-17 Economic Analysis Consulting Services. CROW moved to authorize the Manager to execute Contract No. FY2016-17 for Economic Analysis Consulting Services with the McDowell Group, Inc. of Juneau in an amount not to exceed$43,940 and bill the City of Kodiak for half of the final contract cost. The Kodiak Fisheries Work Group (KFWG) had requested to better understand the make-up of the Kodiak economy concerning the various fishing (by catch)policy alternatives proposed by the federal government or the state of Alaska. These policies, if adopted, affect Kodiak, its fishermen, processing plant workers, support businesses, and sales and resources taxes collected by the Kodiak Island Borough and the City of Kodiak. An RFP was advertised. Three firms specializing in economic analysis responded. After scoring the submitted responses, interviewing the firms, and requesting further clarification of their cost proposals, the KFWG recommended entering into a contract with the McDowell Group, Inc. The McDowell Group, Inc. was a well-known entity in the State of Alaska having done various economic studies for various locations in the State including Kodiak. It was agreed that the contract approval process would follow the procurement regulations of the Kodiak Island Borough code and that the Borough would bill the City of Kodiak for half of the final Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 3 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 7 of 197 AGENDA ITEM #S.A. cost. Though a cost estimate for the study was budgeted at $30,000, the response by the McDowell Group, Inc.was estimated at$43,940. It was recommended that both the Borough and City who are equal partners in the success of the KFWG,share in the cost of the effort equally. Funding for the analysis would come from the Borough's Economic Development fund. Though the budgeted amount for the study was at$15,000,the fund had additional money that was to be used by Assembly members to travel to the International Economic Development Conference in Anchorage. Not all members were able to attend. Staff recommended that the Assembly approve the contract for $43,940 and bill the City of Kodiak for half of the final contract cost. CROW moved to postpone Contract No.2016-17 to the next regular meeting of the assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Symmons, and Stephens. 2. Contract No. FY2016-21A Amending Contract FY2016-21 Providence Kodiak Island Counseling Center of Kodiak, Alaska to Provide Mental Health Services for the 2015- 2016 School Year. SYMMONS moved to authorize the Manager to execute Contract No. FY2016-21A Amending Contract FY2016-21 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to Provide Mental Health Services for the 2015-2016 School Year in an amount not to exceed $400„000. The contract with Providence Kodiak Island Counseling Center(PKICC) provided mental health services for Kodiak Island Borough schools.The contractor had worked with the school district to identify and document a mutual understanding of the program"s scope within the budgeted amount. The onginal Contract No. FY2016-21 was erroneously produced in the amount of$381,350 and approved before the error was identified. The budget for the item was produced upon the agreement that the contract amount for the 2015-2016 school year would be $400,000. The amendment reflected the$400,000 budgeted and agreed upon amount. ROLL CALL. VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner„ Symmons„Stephens,. and Crow,. Resolutions 1. Resolution No. FY2016-09 Adopting a Capital Improvement Projects Priority List for the 2016 State Legislative Session... ROHRER moved to adopt Resolution No. FY2016-09. Kodiak Island Borough Assembly Regular Meeting Minutes November 5„2015 Page 4 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 8 of 197 AGENDA ITEM M.A. In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission had reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP)for fiscal years 2016-2020. The Commission was required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1 st of each year. The Commission reviewed the prior year's resolution, removed projects which had been funded, and added new community projects that had come to its attention. The commission received input from the Parks and Recreation Committee and had requested input from the general public. At its June 17, 2015 regular meeting, the Commission reviewed the input received and adopted P8Z Resolution No. FY2015-03 recommending a CIP List for FY2016-2020.That resolution was formally transmitted to the borough Assembly for its further consideration. The Assembly historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requested legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects. The adopted list would be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. LEDOUX moved to move Item #7 Drainage Improvements to the Chiniak Highway at Sargent Creek up to Item#4. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Skinner, Symmons, Crow, and LeDoux(Ayes); Rohrer and Stephens(Noes). SKINNER moved to increase Item#2,Anton Larsen Bay Road Extension to Ice Free Water from $8,000,000 to$8,450,000 and reflect the other source of funding was from Ouzinkie Native Corp, SIDCO for$450,000. ROLL CALL VOTE ON MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, Crow, LeDoux, and Rohrer. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Stephens,Crow, LeDoux, Rohrer, and Skinner. 2. Resolution No. FY2016-19 Relating to the Borough's Outstanding Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center); Providing for the Prepayment of All or a Portion of Such Bond Pursuant to an Escrow Deposit Agreement Between the Borough and the Bank of New York Mellon Trust Company, N.A.; Authorizing the Execution of Such Escrow Deposit Agreement; and Authorizing, Ratifying, and Confirming Actions Taken on Behalf of the Borough in Connection Therewith. LEDOUX moved to adopt Resolution No. FY2016-19. Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 5 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 9 of 197 AGENDA ITEM #S.A. From the proceeds of bond issue 2013 Series One as well as other revenue sources; the Borough collected $20,104,208 for the Long Term Care Center project. The total project cost ended up being$15,564,843;which leaves$4,539,635 in unspent funds. Due to IRS regulations, the Borough must defease the money into an escrow account. Defeasance means that putting those funds with an escrow agent and they would use those funds to pay a portion of the bond payments. The Borough can never have those funds returned after they had been sent to the escrow agent. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Crow, LeDoux, Rohrer, Skinner, and Symmons. 3. Resolution No. FY2016-20 A Joint Resolution of the Kodiak Island Borough Assembly and City of Kodiak Council Documenting the Joint Building Code Review Committee's Composition and Appointing Process. SKINNER moved to adopt Resolution No. FY2016-20. The Assembly and City Council met for a Joint Work Session on June 30, 2015. One of the topics of discussion was formalizing the Joint Building Code Review Committee's composition and Appointment process. The Borough and City Clerks drafted the resolution for consideration which detailed and documented the Joint Building Code Review Committee's composition and appointment process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow„ LeDoux, Rohrer„ Skinner, Symmons„ and Stephens. 4. Resolution No. FY2016-21 Urging the University of Alaska to Reconsider the Decision to Close the University of Alaska Fairbanks' Kodiak Seafood and Marine Science Center, Formerly„ and in Alaska Statute (Title 16 Chapter 52), Referred To as the Fishery Industrial Technology Center(FITC). ROHRER moved to adopt Resolution No, FY2016-21 (version 2). The resolution was requested by Assembly member Lary LeDoux which would be submitted to the Alaska Municipal League Resolution Committee on November 18 during the Alaska Municipal League (AML) conference. The resolution requested support of the Alaska Municipal League to urge the University of Alaska to reconsider the decision to close the University of Alaska Fairbank's Kodiak Seafood and Marine Science Center, Formerly, and in Alaska Statute referred to as the Fishery Industrial Technology Center, The Borough who was the sponsor of the resolution must have the support of representatives of five (5) members municipalities in attendance at the conference. Once accepted by the Resolution Committee, the Borough must make copies available for the AML business meeting Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 6 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 10 of 197 AGENDA ITEM #5.A. on Friday, November 20, 2015. A borough representative would be given the opportunity to discuss and support the resolution at the meeting. A joint letter from the City and Borough Mayors was also going to be considered by the Assembly to send to Governor Walker,Senator Stevens,and Representative Stutes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Symmons, Stephens, and Crow. Ordinances for Introduction None. Other Items 1. Approval of the Kodiak Island Borough Assembly 2016 Meeting Schedule. SKINNER moved to approve the Assembly 2016 meeting schedule. The calendar reflected the Assembly meetings for the upcoming year. Annually, the calendar was presented to the Assembly for review and approval for the coming year. Modifications could have been made during the discussion of the Assembly at the October 29 work session. Per KIBC 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 pem, on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. 2. Declaring a Seat on the Planning and Zoning Commission Vacant(Mr. Kyle Crow). SKINNER moved to declare the seat held by Mr. Kyle Crow on the Planning and Zoning Commission for a City seat term to expire December 2016 vacant and direct the Clerk to advertise the vacancy per Borough Code. Mr. Kyle Crow was recently elected to the Kodiak Island Borough Assembly and therefore would need to resign from his seat on the Planning and Zoning Commission per KIBC 2.30.050(C)and directed the Clerk to advertise per KIBC 2.100.070 Vacancies. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, Crow, LeDoux, and Rohrer. 3. Mayoral Appointments of Assembly Member Representatives to Different Boards, Committees, Commissions, and Councils; and Assembly Representatives to the Different Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 7 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 11 of 197 AGENDA ITEM #5.A. City,Communities,and Villages. LEDOUX moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages. Mayor Friend had asked that the Assembly confirm his appointment of Assembly member representatives to Boards,Committees, Commissions, and Councils as follows: .1-1-1-1.1111-1.1 ......... .........-....-, ,_,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,..1-----.-.. .............................. MAYORAL APPOINTMENTS ,,,,,,,,,,,, ,,,,,,,,,w.....,..-.-,,,,.,,,,,,,,,,,,,,,.-. ..-..mm,,,,,,,,-,,,,,,,,,,,, ,,,, .. .,. ....................... ......m....M...,,,,.mm,,,,,,,,,,,,,,,,,,,,,,,,,,,, Board or Committee Assembly Rep Assembly Rep 1012014-1012015 1012015-1012016 Architectural Review Board, KIBC 2.125 Jerrol Friend JERROL Borough Lands Committee, KIBC 2,160 Newly Formed LARRY, DAN Committee Economic Development Committee, KIBC Frank Peterson _. MEL .......... __ 2.115 Jerrol Friend KYLE Emergency Services Council, KIBC 2.11 Clerical note: Per Borough Code, the Mayor serves on this council. ........ .... .... ... ... ,,,,......m _.. _. .... ..... Kodiak Workforce Regional Advisory Dennis Symmons DENNIS Council, KIBC 2.155 Joint Building Code Review Committee, Dan Rohrer KYLE KIBC 15045 iaik _ - . ....... ._ Kadiak College Council Frank Peterson FRANK __ _„- __„- Wr.e., .._........ _p( � ... Larry ...�D � .,... LARRY, REBECCA, KYLE .. Kodiak Fisheries Work Grou Adhoc La LeDoux, Chris Lynch, and Rebecca Skinner Kodiak Fisheries Advisory Committee® Res Rebecca Skinner REBECCA FY07-38 _ Parks and Recreation Com _ ___ ........ ......... ...................... ...... .. ....... Committee, KIBC Aaron Griffin FRANK 2.120 Providence Kodiak Island Medical Center Larry LeDoux DAN Community Advisory Board, KIBC C 8.05 Schodbist�ct BudgetAdvisory mmittee Re e_____..____ n..__ .... ..�, m c--c- Skiner MEL School District Facilities Review Dan Rohrer KYLE Committee School District Strategic - Planning Aaron Griffin REBECCA Committee Solid Waste Advisory Dan....Ro..............................w_..................... .. .......... ry ..................._ Rohrer DENNIS CITYIVILLAGE APPOINTMENTS City of Akhiok Dan Rohrer KYLE Chiniak Community Rebecca Skinner MEL Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 8 of 13 'Regular Meeting Minutes of November 5, 2015 and December 3,... Page 12 of 197 AGENDA ITEM #5.A. Karluk(IRA Tribal Council) Frank Peterson FRANK City of Larsen Bay Aaron Griffin REBECCA City of Old Harbor Larry LeDoux LARRY City of Ouzinkie Chris Lynch DENNIS City of Port Lions Dennis Symmons DAN REPRESENTATIVES TO SWAIWIC AND AIWIL SWAMC Board Seat — Kodiak Municipal Rebecca Skinner REBECCA Seat, Exp. March 2017 AML Board—District 10 Seat—Exp. 2016 Held by City of N/A Kodiak Mayor Mayor Friend asked that the Assembly confirmed his appointment of Assembly member representatives to Boards, Committees, Commissions, and Councils. Also included in the appointments are the Assembly representatives to the different Cities and Villages. Assembly member Skinner currently served as the SWAMC representative and currently, there was not an Assembly representative to the AML Board - District 10 seat. The AML District seat was currently held by the City of Kodiak Mayor. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Symmons, Crow, LeDoux, Rohrer, and Skinner(Ayes);Stephens(Noes). 4. Assembly Appointments to the Bay View Road Service Area Board (Mr. Fred Roberts and Mr.Jim Schauff). SKINNER moved to confirm the Assembly appointments of Mr. Fred Roberts and Mr. Jim Schauff to the Bay View Road Service Area Board for Terms to Expire October 2018. There were no candidates at the last election for the Board. Mr. Fred Roberts and Mr. Jim Schauff expressed their desire to continue their service and Mr. Reed Oswalt who was the Chairperson for the board noted approval of their appointments. Both Mr. Roberts and Mr. Schauff were qualified voters in the borough and are both residents of the Service area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Crow, LeDoux, Rohrer. Skinner, and Symmons. 5. Confirmation of Mayoral Appointments to the Borough Lands Committee of Planning and Zoning Commissioners and One Representative From the Alaska Native Claims Settlement Act(ANCSA)Corporations in the Kodiak Region Designated Seat and one At- Large Designated Seat (Mr. Scott Arndt, Mr. Alan Schmitt, Mr. Matthew VanDaele, and Mr. Bob Brodie). Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 9 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3.... Page 13 of 197 AGENDA ITEM #S.A. LEDOUX moved to confirm the following Mayoral Appointments to the Borough Lands Committee: Mr. Matthew Van Daele to the ANCSA Designated seat for a term to expire December 31,2018, Mr. Bob Brodie to the At-Large Designated seat for a term to expire December 31,2018. Commissioner Scott Arndt as the Borough representative from the Planning and Zoning Commission for a term to expire December 2016. Commissioner Alan Schmitt as the City representative from the Planning and Zoning Commission for a term to expire December 2016. On August 20, 2015, the Kodiak Island Borough Assembly adopted Ordinance No. FY2016-20 which established the Borough Lands Committee.The committee was comprised of seven voting members and four ex-officio non-voting members. For the ANCSA and At-Large Seats,applications were received from the following: Mr. Matthew VanDaele for the ANCSA seat on September 11 Mr.Jim Purdy for the At-Large seat on September 17 Mr. Bob Brodie for the At-Large seat on October 22 The ANCSA and At-Large seats would expire December 31, 2018. Per KI BC 2.100.050 Terms, the term of each member was three years. Mayoral appointees were: 1. Matthew VanDaele-ANCSA Seat 2. Bob Brodie-At Large Seat Planning and Zoning Commissioners (KIBC 2.160.030, the Commission shall make recommendations for appointment of their members on an annual basis). 1. Scott Arndt(Borough representative) 2.Alan Schmitt(City representative Assembly members 1. Larry LeDoux 2. Dan Rohrer Mayor Friend was the seventh voting member. Ex-Officio Non-Voting Members(FYI ONLY) 1. City of Kodiak Representative-Council member Richard Walker 2. United States Coast Guard Appointed by ISC Commanding Officer - CDR Andy Joca and LCDR Jeremy Hall(alternate) 3. Borough Resource Management Officer Duane Dvorak 4. Community Development Director Bob Pederson Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 10 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 14 of 197 AGENDA ITEM #S.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Symmons, and Stephens. 6. Confirmation of Borough Deputy Clerk. SKINNER moved to confirm the Borough Clerk's appointment of Ms. Angela MacKenzie for Borough Deputy Clerk. Per KIBC 2.50.030 Deputy clerk—Appointment. There was established the position of deputy clerk in the legislative service. The clerk was authorized to appoint the deputy clerk who shall be confinned by the assembly. The position of the Borough Deputy Clerk was vacated on October 23, 2015. The position was advertised in house and Ms. Angela MacKenzie was selected to fill the vacancy. Assistant Clerk Angela MacKenzie had been an employee in the Clerk's Office since August of 2013. She had completed three professional development classes provided by the Northwest Clerks Institute and she had attended training provided by the Alaska Association of Municipal Clerks Association. Ms. MacKenzie was getting ready to submit her application for her certification as a municipal clerk. Borough Clerk Javier respectfully asked the confirmation of her appointment of Ms. Angela MacKenzie for the Deputy Clerk position. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Symmons, Stephens, and Crow. 7. Authorization for the Mayor to Sign a Letter Urging the University of Alaska to Reconsider the Decision to Close the UAF's Kodiak Seafood and Marine Science Center, Formerly, and in Alaska Statute (Title 16 Chapter 52), Referred To as the Fishery Industrial Technology Center(FITC). SKINNER moved to authorize the Mayor to sign the letter urging the University of Alaska to reconsider the decision to close the UAF's Kodiak Seafood and Marine Science Center,formerly, and in Alaska Statute (Title 16 Chapter 52), referred to as the Fishery Industrial Technology Center(FITC). The University of Alaska Fairbanks(UAF)had announced the closure of the Kodiak Seafood and Marine Science Center also known as FITC in Kodiak. The sudden and unexpected decision by the UAF to close at the end of the fiscal year, absent any community or industry dialogue, suggested that UAF was preparing to abandon both a commitment to applied fisheries research as well as to close community and industry partnerships that provided the foundation for a healthy University system. Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 11 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 15 of 197 AGENDA ITEM #5.A. The letter was discussed at the last Kodiak Fisheries Work Group meeting and they recommended that both the Borough and City jointly send a letter to the University of Alaska President Johnsen. Direction was also given to send copies to Governor Walker, Senator Stevens, and Representative Stutes. In addition, the Assembly was also considering a resolution to submit to the Alaska Municipal League membership for adoption. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. CITIZENS'COMMENTS Judy Kidder spoke in support of the letter and resolution for Fish Tech Center and asked for a letter to be put forward to the new property owner of JMHP for affordable housing from the KIB. Betty McTavish spoke to the Borough Lands Committee formations intent and asked that it addressed JMHP. She also spoke to the Chiniak timber tour. Dave Masinter spoke in support of the Assembly to provide some guidance as to what was going to happen at the JMHP. Teri Starch spoke to the affordable housing shortage in the communities and the effect it would have on domestic pets. Kent Cross spoke in support of strategic planning to combat some of the issues. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux spoke to the Anton Larson Dock project coming in $300„000 under budget. He spoke in favor of meeting with the President Johnsen of the University of Alaska and was also in favor of broadcasting the meetings on television. He sympathized with the residents of JMHP and expressed the desire for staff to exhaust all resources available to help out with the crisis in the community. Assembly member Symmons thanked everyone who participates in the local government. Assembly member Skinner thanked the public for their participation. She also encouraged staff to work on getting information regarding the creation of the relocation assistance fund as reflected in the Statute to help the JMHP residents. She wanted to know the staff constraints and how much staff involvement it would take. Assembly member Rohrer agreed that staff should look into the relocation assistance fund. He asked that an executive session be added to a special meeting after the next work session to discuss strategies regarding the hospital lease. Assembly member Stephens spoke to the JMHP situation and voiced his opinions that it was beyond the Borough's responsibility„ He was opposed to public funds being spent and the creation of a fund could be a private matter., He also spoke to the process of creating RFPs and Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 12 of 13 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 16 of 197 AGENDA ITEM #S.A. wished the process go before the Assembly. He also spoke to the burnt chiniak timber and wanting more information. He expressed the need to have a cumulative in depth CIP list. He wanted the topic of write-in votes revisited in the future. Assembly member Crow expressed the desire to visit Chiniak. He sympathized with what the JMHP residents were going through and expressed support. He spoke to strategic planning meeting noting the importance of identifying goals. He would like the Assembly to start investing its energy in matters that mean the most. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday. November 12 at 7:30 p.m. in the Borough Conference Room. There would be an Assembly work session on Tuesday, December 1 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, December 3,2015 in the Borough Assembly Chambers. The Borough offices would be closed on Wednesday, November 11 in observance of Veterans Day. The Borough Clerk's Office would be closed Monday, November 16 through Friday, November 20 to attend the Alaska Association of Municipal Clerks Conference in Anchorage and would reopen for business on Monday, November 23 at 8 a.m. The Mayor and members of the Assembly would be traveling Monday. November 16 through Friday, November 20 to attend the Alaska Municipal League Conference in Anchorage. The Borough Offices would be closed on Thursday, November 26 and Friday, November 27 in observance of the Thanksgiving Holiday. ADJOURNMENT ROHRER Moved to adjournment. 10:43 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Symmons, Stephens, and Crow. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M.Javier, MMC, Borough Cleric Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes November 5,2015 Page 13 of 13 "Regular Meeting Minutes of No 5, 2015 and December 3,... Page 17 of 197 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting November 12,2015 A special meeting of the Kodiak Island Borough Assembly was held on November 12, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:33 p.m. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Dennis Symmons, and Mel Stephens. Staff present were Borough Manager Bud Cassidy, and Borough Clerk Nova Javier. CITIZENS' COMMENTS Tim Holcomb, member of the leadership team of Providence Kodiak Island Medical Center, noted that consideration should be given that the lease works for Kodiak. Dave Masinter noted his experience regarding the discrepancies in the Fre bum permitting process. Kent Cross commented on the Chiniak Timber and the decision of the Assembly to probably forego about a million in profit. He advocated to target the profits to the benefit of the community. Byron Nixon, Volunteer at the Bayside Fire Station, Provided information regarding activities at the Bayside Fire Hall. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION -Strategies in Negotiating the Hospital Lease. ROHRER moved 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. Administrative Official Roberts noted the executive session was meant to discuss strategies about the upcoming hospital lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons,and Stephens. PETERSON moved to invite the Borough Mayor, Assembly, Administrative Official, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Minutes November 12, 2015 Page 1 of 2 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 18 of 197 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, Stephens,and Crow. Mayor Friend recessed the special meeting and convened the executive session at 9:44 p.m. Mayor Friend reconvened the regular meeting at 11:15 p.m. ROHRER moved that the Kodiak Island Borough initiate negotiations with Providence for a new hospital lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, LeDoux, and Peterson The meeting was adjourned at 11:17 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M.Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes November 12,2015 Page 2 of 2 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 19 of 197 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting December 3,2015 A regular meeting of the Kodiak Island Borough Assembly was held on December 3, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier,and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Kyle Crow who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of October 1 and October 15, 2015,were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend presented the student of the month award for November 2015 to Jannie Mangalus, a senior at Kodiak High School. CITIZENS'COMMENT'S Judy Kidder reported that she attended the Kodiak Strong, Healthy Tomorrows workshop and was happy to announce that her group was one of the three that were selected to receive a $2,000 grant from Providence, She noted that the grant was to help explore ideas to help with homelessness efforts. Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 1 of 6 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 20 of 197 AGENDA ITEM M.A. Alan Schmitt strongly supported the idea of moving the meeting time. He noted that there were no complaints when the Planning and Zoning Commission made its meeting times changes and that it would make it a lot easier for people to get home at a reasonable hour. Roberta Austring, Kodiak Hospital Auxiliary Member, read the proclamation from the Auxiliary that was included in the Assembly's packet. Chad Gerondale, Construction Machinery Industrial Representative, thanked the Assembly for the opportunity to be able to place a bid on the excavator and noted that he was present to answer any questions that the Assembly may have. Kent Cross echoed the comments from Mr. Mike Brechan that were published in the Kodiak Daily Mirror newspaper. He reminded everyone about the economic activity generated from logging. Regarding the conditions of the trees in Chiniak, he noted that profits could be used to help with low cost housing. He also commented that it was a good idea for the Assembly to change its meeting times. Alan Wolf commented on the dead trees in Chiniak and thought it would be good to get rid of those now. He noted that he would support the Assembly with its decision,whatever it may be. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy attended the Alaska Municipal Conference and received the bad news of the State's fiscal crisis. He said that the State budget was in a 3.5 Billion deficit. He wanted the Assembly to keep the State's status in mind as it develops its own budget. He noted that he distributed information to his fellow managers at the Manager's conference about the Manager's position pending vacancy. He said the City Attorney would be discussing the legalization of marijuana with the City Council. He also noted that Robbie Townsend scheduled a marijuana legalization session during the Rural Leadership Forum. He announced that Mr. Rue, new Bayside Fire Chief,would be arriving in Kodiak tomorrow. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend also attended the Alaska Municipal League Conference, noted the condition of the State, relayed that Governor Walker noted during the Conference that the State was in a dire state,and would take action this coming year to come up with creative solutions for the shortfall. UNFINISHED BUSINESS 1. Contract No. FY2016-17 Economic Analysis Consulting Services Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 2 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 21 of 197 AGENDA ITEM M.A. The Assembly postponed Contract No. FY2016-17 to December 3, 2015 from the November 5, 2015 regular meeting. The motion before the Assembly was to move to authorize the Manager to execute Contract No. FY2016-17 for Economic Analysis Consulting Services with the McDowell Group, Inc. of Juneau in an amount not to exceed $43,940 and bill the City of Kodiak for half of the final contract cost. At the November 5"' regular meeting the Assembly directed staff to check with the McDowell group regarding the possibility of them lowering the price to $30,000 and also directed staff to check with the City of Kodiak for their willingness to pay the remaining amount above the Borough budget of$15,000. On November 12,2015,the Kodiak City Council Adopted the following motion at their meeting: Move to endorse the Fisheries Work Group recommendation to award a professional services contract to provide an economic analysis of the fishing industry and authorized the City Manager to expend, if necessary, an amount to exceed the estimated cost of$15,000. LEDOUX moved to amend the main motion to authorize the Manager to execute Contract No. FY2016-17 for Economic Analysis Consulting Services with the McDowell Group, Inc. of Juneau, in an amount not to exceed $38,780 and bill the City of Kodiak for any amount exceeding over$15,000. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO THREE.: Peterson, Rohrer and LeDoux (Ayes)„ Skinner, Symmons„ and Stephens (Noes), Mayor Friend broke the tie and voted in favor. NEW BUSINESS Contracts 1, Contract No. FY2016-26 Diesel 4 Cylinder Turbo Skid Steer Loader Procurement. SKINNER moved to authorize the Manager to Execute Contract FY2016-26 with Yukon Equipment, Inc. of Anchorage, Alaska for the procurement of a Diesel 4 Cylinder Turbo Skid Steer Loader in an amount not to exceed$66,490. KIBC 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The contract was for the procurement of a Diesel 4 Cylinder Turbo Skid Steer Loader for the Kodiak Island Landfill. Five proposals were received in response to the Invitation to Bid dated September 28, 2015. Proposals were reviewed by the Engineering/Facilities dept. staff,: who had determined that Yukon Equipment, Inc. of Anchorage,Alaska was the company that would provide the best overall product that conformed to the advertised specifications. Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 3 of 8 'Regular Meeting Minutes of November 5, 2015 and December 3,... Page 22 of 197 AGENDA ITEM M.A. The funds to procure the Skid Steer Loader were coming from the Enterprise Fund Equipment Budget for FY2016. The total equipment budget for FY2016 equipment purchases was $310,000. This was to replace the skid steer loader and the excavator. The skid steer loader proposal that met the specifications came in a little higher($66,490) than anticipated, however the excavator came in lower than anticipated ($238,100) for a total of $304,590. Therefore, there were enough funds within the FY2016 equipment budget for both purchases. ROHRER moved to postpone Contract No.FY2016-26 to the Regular Meeting of December 17. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: LeDoux, Peterson, Stephens (Noes); Rohrer, Skinner, Symmons (Ayes); Mayor Friend broke the tie and voted in opposition. ROLL CALL VOTE ON THE MAIN MOTION CARRIED FOUR TO TWO: Symmons, LeDoux, Peterson, and Rohrer(Ayes); Skinner and Stephens(Noes). 2. Contract No. FY2016-27 Hydraulic Excavator Procurement. SKINNER moved to authorize the Manager to execute Contract No. FY2016-27 with Construction Machinery of Anchorage, Alaska for the Hydraulic Excavator Procurement in an amount not to exceed$200,907.28. KIBC 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The contract was for the procurement of a Hydraulic Excavator for the Kodiak Island Landfill. Five proposals were received in response to the Invitation to Bid dated October 2, 2015. Proposals were reviewed by the Engineedng/Facilities staff, who had determined that Construction Machinery of Anchorage, Alaska was the company that would provide the best overall product that conformed to the advertised specifications. The funds to procure the Hydraulic Excavator were coming from the FY2016 Enterprise Fund Equipment Budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Stephens, LeDoux, Peterson, Rohrer, and Skinner. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 4 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 23 of 197 AGENDA ITEM M.A. 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 SKINNER moved to adopt Ordinance No. FY2016-07 in first reading to advance to public hearing at the next regular meeting of the Assembly. There was 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 the multi-faceted issue. Some of the existing regulatory requirements for recreational vehicle parks had been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks. These amendments addressed the 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, 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 KIBC Chapters 17.25, 17.165, and related Chapters of Title 17,Zoning to revise and update the standards for recreational vehicle parks in the Borough. There was discussion of the Assembly regarding the request of Assembly member Stephens about the formatting of the amendments specifically when striking out sections and subsections. Clerk Javier noted that after checking with the KIS code vendor that the suggested formatting changes were doable, a second version was provided to the Assembly reflecting suggested changes. ROHRER moved to amend Ordinance No. FY2016-07 by replacing the original version with the second version. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Stephens, LeDoux, Peterson, Rohrer, Skinner,and Symmons. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. 2. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance. Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest ROHRER moved to adopt Ordinance No. FY2016-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 5 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 24 of 197 AGENDA ITEM M.A. The ordinance would amend KIBC Section 3.40.060 to revise the penalty applied to the tax due upon a person who fails to file a personal property assessment return. Assessor Roberts noted further changes to that would address possessory interest in personal properties. SKINNER moved to amend Ordinance No. FY2016-09 bullets A, B, C to start off the bulleted list as follows:"A person or entity required by this code to file a personal property return....." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, and LeDoux. Other Items 1. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. ROHRER moved to confirm the annual Mayoral appointments to the various boards, committees,and commissions for three year terms to expire December 2016 or as indicated. .,.._............................ Mayoral Appontments Applicants Term Architectural/Eng'g Review Board Bill Barton 2018 Incumbents: Cliff Ford 2018 Bill Barton Colin Young 2016 Cliff Ford Citizens Board of EqualizationTEd k Anderson 2018 Incumbents: Mahoney 2018 Mark Anderson Ed Mahoney _ Planning and Zoning Commission Scott Arndt 2018m Incumbents: Maria Painter 2018 Scott Arndt Barry Altenhof(C)pending City recommendation Maria Painter Colin Young(B) new applicant Scott Smiley(B)new applicant Solid Waste Advisory Board Nick Szabo 2018 Incumbents: Scott Arndt 2018 Nick Szabo Scott Arndt ROLL_ CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Rohrer, Skinner, Symmons, Stephens, LeDoux, Peterson, and Rohrer. 2. Declaring a Seat Vacant on the Planning and Zoning Commission(Kathy Drabek). Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 6 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 25 of 197 AGENDA ITEM #5.A. LEOUX moved to accept, with regret, the resignation of Ms. Kathy Drabek from the Planning and Zoning Commission and directed the Clerk to advertise the vacancy per Borough Code. Ms, Kathy Drabek submitted her resignation on the Planning and Zoning Commission effective November 13„2015, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, LeDoux, Peterson, and Rohrer. CITIZENS'COMMENTS Judy Kidder noted her support to changing the formatting amendments in the borough code. She thanked Ms, Drabek for her work on the Commission. She noted consideration should be made regarding Mr. Arndt's appointments on multiple boards. He may be spreading himself too thing Monique Lewis was appreciative of the diligent process that the Assembly went through at tonight's meeting. They exhibited responsibility through their serious conversation regarding matters, ASSEMBLY MEMBERS'COMMENTS Assembly member LeDoux noted his attendance at AML. He felt the same that there was a lot less money in the State's budget. He noted that the State was looking at a State income tax, capping the permanent fund, and increasing fees around the State, He said that the Borough should also take a hard look at the budget and be diligent as ever, He was glad that the City was receiving a presentation about the regulation of marijuana. He wanted a review of the procurement policy as soon as possible and noted his continued interest to tour Chiniak. He would like to see the high school construction change order cost and thanked Kathy Drabek for her service. Assembly member Stephens gave an oral report regarding AML. He felt that some of the presentations at the conference were less than relevant in Kodiak. He was very troubled about the procurement and the way staff handled the process. Assembly members Symmons appreciated comments from Mr. Schmitt about changing the meeting times. He was glad that the new fire chief is arriving in Kodiak. He appreciated the different perspectives coming from community members. Assembly member Rohrer commented there was work to be done with the procurement process. He was appreciative and encouraged that the Assembly could disagree on contentious issues and remain amiable. He also provided a report that he attending Kodiak Strong, Healthy Tomorrow and noted that the funding came from Providence. He advocated keeping a close eye on the FITC and keeping it on the forefront of discussions. Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 7 of B *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 26 of 197 AGENDA ITEM M.A. Assembly member Skinner echoed comments about the personalities and the positive nature of the current assembly although they disagree on issues. She noted that the Assembly expressed the desire to review the procurement process seven months ago and reminded that progress needs to occur since large contracts are going to be coming up before the Assembly. Announcements Mayor Friend noted that a preliminary organizational meeting with Staff was held regarding the Lands Committee and a meeting date was being considered in the next few weeks. He announced the next Assembly work session would be held on Thursday, December 10 at 7:30 p.m. in the Borough Conference Room; a special work session would be held on Tuesday, December 15 at 7:30 p.m. in the Borough Conference Room; and the next Assembly regular meeting would be held on Thursday, December 17 at 7:30 p.m. in the Borough Assembly Chambers, ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: The meeting was adjourned at 9:52 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M.Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes December 3,2015 Page 8 of 8 *Regular Meeting Minutes of November 5, 2015 and December 3,... Page 27 of 197 m mINN :3 KIB LANDFILL LATERALa EXPANSION m g: M 'aPHASE 3 LEACHATE TREATMENT PLANTc December 2015 Update w a c �a m FD m b Co ro � ® °n v y A m a m m m a. a �a CL toPlant Facility. FD* tlJ Q fu al I N Y r 7 1 ` (Il , il��rrr�"��q 8 CL w W.0, 01 rn o O m _ 4 y a M to m m =3. co m CL to Installed Equipment rID CID v m V r CL CL 03 ° II f c m 3 a m U3 a m m to m CL a) Aerzen Blowers. rz ro m r%��/rill r / a CL m n fu in co I� i= t l n � I g a m m MBR Filter Cassette m 133 m t , C C C / f i lrl a n m � CA n � y 3 as n 2 (D CL ,n Overhead Crane and Filter Cassette� � 2 , : g = t< g ^� % a V \ \\ © CL \ \ \ } } « } \« ~ � ^ k � A � q . � . � � m CL �. MBR Filter Installationm N 0 m a CD m C= m Co CL > lb to n m �/� i m Z O• 4 m m m m m a ra CL MBR Installedin Tank CL r su m W tilmW-" CL m I 0 / j1 rm as lrrrrrrr y lsfc m LTI z � y 3 a m m w m M, m CL MBR Filter Basin Covered mvcl ID � t 3 r n / O Q A � y 3 A m Q3 offi 5' m m M 3 rn a T a) Belt Filter Press. �o v m CL �a w m c m �d � rf / r Q m CD N .. Z 4 y a M M CD in C. 12. RAS and MLR Pumps !i! CD 3 CD 'n � CL m ari CL C: CL ar CA) rn co I m o � M 3 l� miss= N 7 IC! pl 7 C!. Treatment Tank W/ FRP Covers At N N v d Co a rn r m O ❑ J V ~ 3 A m CD �. to m CL Chemical �. CD � c Illllllm�i / it 1 0. @ 9, to 0. 1 OL m a CD rnrn 0 v a m a m m m m m a mApproved vs. Actual Phase 3 N v m frmd Bud et losis m a Design Services S1.,442 930 0: $1,611 0 (D Construction Costs $12,500,000.00 12156 561 CLC C aq�iprrt�nt V W MWIM iii $73,276 t7 $1123888 w @Indirect Administration $732,7 2, $449,266,122 ,ontin ncy ,$2,072024 0 m 7 FT—A. G) m $1618M,981 $14,218,420 6',„ m 0 CDJ 4 i it a M m ro m m 11MINEMEMEMEMEM d CL Additional PCO's i. ro CO#8 — Supply and Install Fall Protection System CD CO#9 — Supply and Install Silencers for Blowers c CL CL to 03 r M N z )Oil v y 3 a m rn s c� M (0 � I -0. Repair Items — Punch List r.. �o w Repair Intake Pump Vault Correct Alarm 1 Callout System Investigate and Repair Motor Control Issues et Ia 9 Resolve Go No GO System CLQ fD a v � z e v y a M m w WINCD OL Additional Work Tasks �. w y V Construct Fire Pump Shelter Procure Equipment (Pick up, Forklift, Man Lift) Procure Sludge Transport Dumpster CL CL Install Rain Sheet — Divert Rain to Strom Water COn z i � y os a m Q m 40 � �� tANb e0 ex FF v m ALASKA a m CD C V m ro r Kodiak High School Addition and Renovation a ro o v a � y A m c� co CL PROJECT STATUS: .......... N • Construction started on April 26, 2013. v M W • Eight of nine project phases have been completed. 9 • Last phase to reach completion included new main IV entrance, administrative and counseling offices, cafeteria, culinary arts and special needs classrooms. New main M entrance opened on November 16, 2015. C= CL • Final phase is scheduled to be completed December 18, 2015, and occupied when students return from Winter Break. • Exterior siding work and final landscaping will be completed n in 2016. m � a Final completion date is scheduled for June 30, 2016. n y y a m U3 CD m :. / / i / / / 111 /i i �o loo r / i m 13 OL M CL to I m n I y 3 m m m CL f0 CL N C r U R CDr CL 0. ID nn n 1 a s 3 a m CD m j m CL m 1 Q. m y Ij Q 3 1 5 iii /j C } rWCL CL ' i i ro 1 r �rr I 5) 1 cCD Z a a M CD CD m a. I i � Illi CCD IIS c m OL m u OL DI rn ni • V Y i Y m 3 3 !0 7. CL CD C 1 CL m CL nri Csu %,. ID t r � Qr xrrr rr �' n m J z O O `4 � n m 0 rn rn m n m j so m CLa CD CL OL r �,r r d a NCD I Z s y n m U3 a m m CL J am110114149 i 4 a m rL 1 r, CL iw �I fD I � � I m w m Z l . � o m A j- a. m a a � C CL ro it CL CL CD rn to i ro �% ;i i ui m 2 m 2 . k K � d g { \ c g & \ . . § . . . _ _ . . . . �I � ) } � ) © ) ^ z . i CA ) § m % ) to ! � � m 0 to m ro :3. a CL m i. a CD � j (s✓�Ur�/�, o��yr�� 4 Dov iili�lviiia��ih in �l !� �,/ CL CD J 1 � ruwr� I f r 1r a � Y f V i � U � 1 0 j � a a M m ro u] CL PROJECT BUDGE ,n N 0 IPor w w iw I� w +" ro CM by Consultant $ 1,335,155 $ 1,082,362 $ 164,440 $ 88,353 5 C Design Services 6,739,369 6,409,070 223,330 $ 106,969 j CL m m�� Construction $ 67,866,522 $ 65,1550994 $ 2,331,927 $ 378,601 r CL w Equipment 2,000,000 $ 1,105,805 $ 736,531 $ 157,664 c I Admin $ 1,300,000 $ 882,875 $ 0 $ 417,125 m Percent for Art $ 667,578 $ 586,577 $ 49,523 $ 31,478 1 I Project Contingency $ 570,385 $ - $ - $ 570,385 co TOTAL $ 80,479,009 $ 75,222,682 $ 3,505,751 $ 1,750,576 ro m M Current as of December 1,2015 d n � y 3 a M m m m ra CL CONTINGENCY/CHANGE ORDERS: .....:.. w 9 Constructbn Contingency $ 3,000,000 0 EProject Contingency + $ 1,579,157 Total:Contingency Funds W $ 4,679,157 C OL CD Change Orders Submitted $ 5,042,088 CL Change Orders Reduced/Not Approved - $ 1,271,563 Change;Orders Approved = $ 3,770,525 ; CL w m Total Contingency Funds $ 4,679,157 Change Orders Approved - $ 3,770,525 Remaining Contingency = $ 908,632 M i Potential Future Change Orders $110,000--135,000 a m a AGENDA ITEM O.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 17,2015 ASSEMBLY REGULAR MEETING oyi 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. ORIGINAT Jack Maker OR: 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 59 of 197 AGENDA ITEM #9.A. Introduced by'. KIB Manager Requested by: PSZ Commission I Drafted by: CDD Introduced: 1210312015 2 Public Hearing: 1210712015 3 Postponed: 1210712015 4 Adopled: 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), ll 17.165 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.FY2008-10)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 necessity, 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 Code ... Page 60 of 197 AGENDA ITEM #9.A. 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(RR1-Rural Residential One), 17.75 53 (R1-Single-family Residential), 17.80 (112-Two-family Residential), 17.85 (113-Multi-family 54 Residential), 17.95 (RNC-Rural Neighborhood Commercial), 17.100 (UNC-Urban 55 Neighborhood Commercial), 17.105(I-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 hell 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 17110, 17,120,„ 17130„and 17,165 KIBC„the Planning and Zoning Commission adopted 74 Findings of Fact,which are attached hereto as Exhibit 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 17.25.190 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 iauh. 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 0 diwm ,,AQ,mF)(,,g,ary, -or"Oho-PaOU'*, Kodiak Island Borough,Alaska Ordinance No,FY2016-07 Page 2 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... page 61 of 197 AGENDA ITEM O.A. 99 � C� v ., .Iuarr �'u�� rp��rramauor3�b�,-1ra r� �ll -�f '�m -- s �alpr�rtlu�. 100 recreaUonal vehicle nark money Include airh area desl.nated for camnlna�. 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 17.165.010 Intent. 110 -AltrllsA;l _..0006+W w-, igllllrwl Moved fia� CIlln�alllw�tsoi 1725 1UelDinillbuoroila, ellluunniwvilll 11I �rl�u.ull:wlliiinm 'lii��nn;�i 112 17.165.030 Conditional use. 113 17.165.035 IProhibited use. 114 17.165.040 Development standards for recreatIonal velnlcie¢narks. 115 17.165.045 Develo meant standards for cam lin areas in recreational 116 vrnhlclmn arks,. 117 17.165.050 Recreational vehicles on individual lots. 118 119 17.166.010 IntenL 120 The intent of this chapter is to provide minimum acceptable standards for the 121 establishment and permanent maintenance of recreational vehicle parks. ,l„1;,Is auso the ........................................... 122 lntont. of thls clha ter t rounds Iocatlons and �cce llt�g . 1;6ndar for the 123 fern qZg ,mg g,gff recreational vehicles,,[Ord. 90-39 §2, 1990; Ord. 85 8 O §i, 1985; 124 Ord-82-34-0§4,1982.Formerly§17.53.010]. 125 126 *4 46Y"20..1010lilmnith,,,mo. 127 tu�r-lt nrwrvfror � .9a�twwu l NI ,IIa �taVVn-q � �1 nlonnulsunrwnr. ln111 �. 128 -1rnlni&n tan „tnu nnmm,r Arun a wr�a -twnuultn .. w,lnn w.. n-,� �J nwtfnrenwg ,,mwtuanrur,tnn 129 lbw;-lw �ruVlurnr nnul iur., w�1i 1�1�lww' rt l w� 4k1 . i ln �(b,u lr� mr�-nu u„tt p llr 130 w4w, r :ul� 4n� rrnn ww� -1 - �rotlNurn u��, u,un nn��,� . urnunr1n 131 x”nllir ... �,+G'W+ �;�',lw,ro»;y^'.^:.,pIN� r, °°r;¢ ,., iNG�V�M4rc "r-0`� k"a^ iW�MrvRl4iG ,d^I,,,Jk�^ C�49rN"RRWtil.�a�'m4NNn�IX� Yd� �Nu"',n'H14 132 t,�u�o�r�r��ua171u��l � ,m� nurcl w�&«unn.ur,;,.tin^1,wr�ln� r -kln�n-- do�� aiwunndar „.... rllllniruwnn, 133 and, (weiwu4uw"ned4twum,rain- lfinw,r4n iwnitR r.-ol 134 Rnawwa j14,011011rt l 135 flim 4ir kwo 4wo4o°weal-ln4w.ult Haan n., 4'unn�rt rw utar a -nno utl ur��-n 'rnn n�unnwn�irw nlll wr�nala i�ul' ill 136 llwwrl ot1"wrwnwxwrnlauwii y &pa6e, n ski 137n.wtwnnwnw - a�urow,, "1wuwrtnn wd�kwl�rll....r&w�� unw �.� wl�wwi...rn1 • wwnenwwwmnrn�wnunrflw 138nrrr111 wsyw,w,wwW.rwnwwVtwaxnwhwrlw,w.ntnllwl-llnn�a l wrnm,nlwrr,l�nwt,..:wwawnwwwl�w-iui Iluw to 139 mew takwwrt�u lu tr�rr.wu #&ns �wdrm �rGuawnw �1 �1w�t - wl w. gmN�twu, llu awunhwwwawl ,tua�.., nldt 140 Par °t Illi Q��4;PK Q pwrwlntaa, 141 t � lmw,wnmtlwulao�,r�auw �• � dwtVn�ia�u�nhr-rf�lwn-nrwwtl<rawawunmwtrnrr�wuwlrurllwalwn �nuwarr •lw 142 r �.uul nlwu�uw ll,,r wn wnu wt or„lr wwwrrtnww°%,.Wt*-A wwt rn ,&B 4r;--ro wwr l •u.o f r r ww-wrn_n w 1' 143 wlwu w w,,dfaiwi;1ny n VFAt 4: Wf4k40u3414, + (,wnrGArwt.4M',w94,. ot, -nrrntnww a4),*rwed 144 lwwult lwaswlw �nr�-rr�Imm nwGwnllir�nl-nwu�whu� m� r.ww ...lclw w� n� nawl, w3 1w �ut� hnai�wl 145 rnnnt:wrvawwll.. n1 �lnr,n urn, 146 � w r .-w lP3olilm�S "tl �W4wx„v w„WOw� tl rql � C wWi �b '1fi'S,• n �� .,. W'W 147 4x: ; ;wrp a ---t 146 wrarwwHlw.wuw wu wrrr�uwl lw��.nlw�rotwnl rn l�u Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 3 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 62 of 197 AGENDA ITEM #9.A. lag oraow:rwl nnul wOunn,4A nrwoar,-nr pkk[i';P( lunuanrul Jww+atlraue a v0114w 4J pa*, 150 -(r t,4on l w',iiw(A "(04 6F"wr #u d' �uiu�w.hr w u� ar 151 temf wmAlr 444-66-- 4]� --1 152 (),(A)-%I,—. vl,, 153 154 17.165.030 conditional use. 155 Because of their potential Impact on adjacent land uses, recreational vehicle parks shall 156 only be permitted as conditional uses in all 4r!uwn gmtg dlstrictso 2xcerat_wheire 157 €p€res[1.t3!2, .... al u lnt,4c sectu¢lirp 17.105.035, h-- [Ord. 90-39§2, 1990; Ord. 85-8-0 :: ::::: 158 §1,1985;Ord.82-34-0§4,1982.Formerly§17.53.030]. 159 160 17,165..035 Prohibited use.. 161 Recreational vehl le airks are Drohlbited in the tolll„ Inu Zonlrncl dlstrlctsa 162 A.IN V-(Natural€Us- 163 S.W-•'WWatershadu and ............................::::...........� 164 C.WH-9Wlldllfe Habitat. 165 166 17.165.040 Development standards for rpereatlo a� vohicJe i ks. ...:......m:. :::::::: :::: 167 The following development standards sha11 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 1,040 square feet of 172 area, 173 C.Width.Each recreational vehicle space shall be at least 20 31, feet wide. 174 D.Occupancy. 175 1.A recreational vehicle park shall only accommodate recreational vehicles a NeM 176 oarnnp4n q. I77 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 tn„,nu p !Mg ,!n shall ruA locate any recreational vehicle 183 in the park for the purpose of renting or leasing the recreational vehicle to another. 184 5.A recreational vehicle ark moa contalin an area deal iruated for cam bin roviduud ..............................................................m:::::........................... R 185 such area rnn is the r ulremeunts of KIBC 17.165.,045. 186 E.Setbacks. No recreational vehicle space shall be closer than 25 feet to any front 187 property line facing a public street or closer than fth4 110 feel to any other property line. 188 F, Separation rgq€ 6 g .tneQk ,lk x aen::rgcreadonal vehWes. m:::::::::: 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 vohticla space-; 191 2. No P 62E,02[ a o creational vehicle will be closeir than 5° from the recreational .............. ...............m.::::::.................................... M„ 192 YphtlIu.s€pagg�gtgdry: dc............ . 193 3L"these orn r nnlreirrnents lrlplaU.8,0[A,g„RU or„hUM2 out extensions:. 194 G.(4)eo-rQv..4 rud 0, Iris Gunrr.n 195 ar na r; nn u1avK aural 06,44 In a nail u�f'44e� m 1&sng a €6;c.�olwa��d�aun�a�ugnWwuoaa aa�nmarel:ram 196 rin nnrr nnrl lrl n rn l ren•; -marral tem:wwulrrwwnna ..nvwr :to °I malt Irmar fA anrraalanu:u.ru 197 r ,LT4 ni l .44&(Repealed 198 by Ordinance Na..FY16-07„§2„2015),. Kodiak Island Borough„Alaska Ordinance No.FY2016-07 Page 4 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 63 of 197 AGENDA ITEM #9.A. 199 H_Screening. l",ft tre rnwa �1-a,�w A ri4r� i4 wu,rw °Hr�7��m �,i 1 ,�1.s a, rz�aomwjrp a& dr-'0z'' w 2011 (cul aliung, wV,prn,),p@o1y tlwne& &,an 201 t4o ru4a and rear rwepty 202 o4ong 44o r rrr& H r w 7r 4an-, The 203 lairarntlira aired ronin oornmission ma re ullre that a fence wall or had a be 204 established and maintained lbetwoGn the recreational velhicle irlk and minv other Ilot 205 or(land use. 206 I.Required Water and SewerFacilities. r14.. wr� dmrmr� rrmrui4rur- ' 207 i�rnr °4-nr�d,� rrw,urwaa,-triarrciihia�rd�urta:rdrnti�r�rwr�nwilr' miao.. Nrrrra 208 Alll recreational 209 vehicles shall be connected to ublic sewer and--rater or ADIEO a roved grater and 210 waslew-fter rDfisLnosall systems. 211 J, 6hu1°iwinYgt -t°rnr�� r6•w�vrnir � ° aftrtnrw -rrH -trraruwcawriirarw�•ailtnrr 212 i4loo& (Repealed by Ordinance 213 No,.FY16-07,,§2,2015), 214 K.nw Piwnr tra IW it f a ntl StMkGr 44, l a°w ;l_w n wr i Irw loci i"r u r reu, uwm.di i Yl fn rot row,iur i nkmm wcn 215 ria wry nr w 4h 1, w -(Repealed by Ordinance No.. FY16-07„ §2„ 216 2015). 217 L.Roads.Well-drained, gravel-surfaced roadways, not less than 12 feel in width for one- 218 way traffic and not less than 20 feet 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 provided 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„04B Devello ment standards for cam In areas In recreatioenM vehicle -ries, 226 rind flllovnin devaallo mernt staundairds slhnall be mat oir exceeded b all recreational 227 vehicle arks with aan area deal nated for cam in . Cow- fiance with those 228 m uiirements must be demonstrated rico` ten flue use of am cam aI In area In the 229 arlk- 230 A. Fach oauren site sinalI contain g level area of at Leas _§0 g,LgLq_figu�t_ff¢�ir Ur��tirn 231aPlno eoutlomennt grad one nxarlkln¢r sisaace. 232 B.The maximum lean tb of ata for a recreational velhicle In a carom irn s ace Is 180 233 f cam In areas mor 234 R2ML.inent or semi rmmarnent use as a dwalllirnrn, 235 O.Waste leis glal tatloi2 t least one wastedf qq_q p9t-IL rn h 11ml _proAded lin 236 accordance with stake of Allaslka rrrtlulatlonns„ 237 O. Re uired 1 oilat and Shower Faclllllties„ 7 oilot arnd sllnovwer facilities will be 238 currerntl ado ted 239 IPllramlbiira bode or the state of Alaslka ulblic accommodation re aullations. 240I „_9 tntin IOuiriira ttree IFaours of darknness ade anate li Ihntin shall ba maireutalnad at 241 the entrances to tollet and shower facillides the waste dIs osall station and arra 242 2RLk office. 243 IF,roads,Well-dralne ravel-surfacad roadw fs not cess than 12 feet In width for 244 one-wav taaffic airad not less thaira 20 feet In width for two—Alp traffic shalll rovtlde 245 access to each cam site, 246 G. Solll Wasae Mana ememt, A solid waste mrnarna emarnt nian must be rovldad to 247 and ammmroved b the Ibesrou to enu iirn rpnn and faclllCtia cercffrowouromat. 4a3(frµ, 248 Kodiak Island Borough,Alaska Ordinance No.FY2016.07 Page 5 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 64 of 197 AGENDA ITEM #9.A. 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 48D-days ays one year.Xw,im Iliwrwrm 253 wwl -loll 44 i fad Vxtensions in one year increments for no more than 5 254 years will be permitted by staff if there has been uluA;Maiinkii;nip 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 elther 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 isIl wrar&rltwllacw uirw'Ile&& nwrllwrww;nrrw ..toy 1110-irrr,wNIA xrw.-Of-rdwwrnwwmui.-C OMlrilr°nwrr~ww subject to the 265 following limitations: 266 1.Only one recreational vehicle Is permitted per lot; 267 2.The maximum length of occupancy fo&-ea4w 4l t Is 64 120 days in each 12-month period; 268 3.The recreational vehicle cannot reduce the available off--street parking spaces to less 269 than Iywo three 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, err r„mw4 44;A&-&mrr r4wr ur lar..tnr rl i rim rru -1r w I w I r u I a:w y w r-aw n o t l w u i 275 wwwi l r w.i�,,.,(Repeated by Ordinance No., FY16-071, §21, 2015),, [Ont. 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 ir, are prohibited: hvesloGk „ ilrwr 4gh— a-Wu,a e-:ibDM-#uis 285 lw'wrFougl11w, 286 A.t,.ivestoclk 0,razlill thrrou h a lease frown the boroiu h°and 287 IS..Recreational v ,�nliclip nllwdt ,p 288 [Ord„81-43-0§1, 1981 Formerly§17.11,040]. 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 KIBC: Kodiak Island Borough„Alaska Ordinance No.FY2016.07 Page B of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 65 of 197 AGENDA ITEM #9.A. 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(8),where it Is a permitted use; 303 D. Lodges that have provisions for more than six clients; 304 Em Logging camps and timber harvesting support facilities (e.g., log transfer facilities), 305 including timber products processing facilities; 306 F,Nonrecreational mineral extraction activities and related structures; 307 G.Seafood processing facilities and related structures;aew 308 H,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 T. RecreaVonal'vehicle Parks., [Ord.2001-05§4, 2001; repealed and reenacted by Ord. 312 93-66§2,1993;Ord.84-57-0§4,1984;Ord.82-46-0§2,1982.Formerly§17.13.0401. 313 314 315 Chapter 17.65 316 RD—RURAL DEVELOPMENT DISTRICT 317 318 319 17.55.040 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 G conservation zoning districts; 323 ri(l 324 B,Lodges that have provisions for more than 15 clients,,;and 325r� it ,,UlWc o arks. Repealed and reenacted by Ord. 93-67 §2. 1993; Ord. 326 90-03§2,1990.Formerly§17.14.040]. 327 328 329 Chapter 17.60 330 RR2—RURAL RESIDENTIAL TWO DISTRICT 331 332 333 47.60.030 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 slands areal 337 B,.Recrea(;6,gml,�,l,, ,ehi I;u�,Egir,la�n,,;,[Ord.SB-27-O§5, 1986;Ord.83-16-0§i, 1983. Formerly ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 338 §17.15.030]. 339 ... 340 341 Chapter 17.65 342 RR—RURAL RESIDENTIAL DISTRICT 343 ... 344 345 17.65.040 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-,;,,g,r1d Kodiak Island Borough,Alaska Ordinance No.FY2016-07 Page 7 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 66 of 197 AGENDA ITEM #9.A. 349 Rptoreational vehicig1 ,Lfts ]Ord.89-31-0§2, 1989.Formerly§17.16.040]. 350 351 Chapter 17.70 352 RR1—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-,;,-p,!2S!. 359 ,,,,, i creational v�alhri�clle p j.;j1.[Ord.84-59-0§1, 1984;Ord.83-15-0§2, 1983.Formerly 360 §17.17.030]. 361 ... 362 363 Chapter 17.75 364 R1—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.Schools; 372 C.Bed and breakfasts;w 373 D.Vacation homesa and 374 ..'Re ret¢ai i fthirrl IParks. 'Ord.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 Corodidonai rases.. 384 17.80.030 Area requirements. 385 17.80.040 Yards. 386 17.80.050 Building height limit. 387 17.80.060 Public service requirement. 388 ... 389 390 17.80.025 Conditional uses, 391 The ffolliowln land use rn v ba ennitted bve obtainiier a conditional rase errrait in 392 accordance with Cha ter 17„200 K119C: 393 A.Recreationall vehicle arias,. 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 67 of 197 AGENDA ITEM #9.A. 399 17..85.010 Description and intent. 400 17.85.020 Permitted uses. 401 17,.85,025 Conditional uses,. 402 17.85,030 Area requirements. 403 17.85040 Yards. 404 17.85.050 Building height limit. 405 17.85.060 Public service requirement. 406 17.85.070 Group housing. 407 17.85,080 Site plan requirement. 408 409 410 17.85.025 Condiflonall uses. 411 'The fo6lowln land use ma tro3ennitted b obtainln a condifhonal it In 412 RMgEdance mviith Cha ter'17„200 K6BC: 413 A.Recreational vehicle_Rairks. 414 415 416 Chapter 17.95 417 RNC—RURAL NEIGHBORHOOD COMMERCIAL DISTRICT 418 419 420 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.),•-a,rrai�1 425 M Utility and service uses(e,g.,substallons)-,;a rad 426 C.Reciraational Vel,llcls Parks. [Ord.92-13§3,1992.Formerly§17.22,0401. 427 428 429 Chapter 17.100 430 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.);wu 442 F,Utility and service uses(e.g.,substations,etc.)-.; 443 G,.,Recreati serial Wilde Pamks, [Ord.92-13§4,1992.Formerly§17.23.040]. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 444 445 446 Chapter 17.105 447 1—INDUSTRIAL DISTRICT 448 Kodiak Island Borough,Alaska Ordinance No.FY2018-07 Page 9 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 68 of 197 AGENDA ITEM #9.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,lime and plaster manufacture; 456 D.Chemical bulk storage and sales; 457 E.Garbage disposal sites,dumps and sanitary landfills;and 458 F.Petroleum or flammable liquid production,refining or storage,,, 459 G. Recreatloroal vetwlcle rsartrs. (Ord.81-40-0§2,1981.Formerly§17.24:0201. 460 ,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 461 462 Chapter 17.110 463 RB—RETAIL BUSINESS DISTRICT 464 ... 465 466 17.110.040 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; uwl 477 G.Wholesaling and distributing operations(excluding bulk fuel operations)-lZanrtl 478 H. Recreational 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.);wml 492 C,Junkyards and salvage yards-Lgnd 493 D.RrMcreaitlorrall iyolho isle .arras, judo 0Z Q 494 495 496 Chapter 17.130 497 PL—PUBLIC USE LANDS DISTRICT 498 .,. Kodiak Island Borough Alaska Ordinance No,FY2018-07 Page 10 of 12 Ordinance No. FY2016-07 Amending Kodiak island Borough Code ... Page 69 of 197 AGENDA ITEM #9.A. 499 500 17.930.030 Conditional uses. 501 The following land uses may be allowed by Obtaining a conditional use peril 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-;airbd 510 11,Recreatliruirn ll��olhir 1 air0�s,�[Gid 5, -1 Pl 11983 III":" urrne-,uiply,� 17 331 1103I:Ij. 511 512 513 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 514 THIS DAY OF 2016 515 516 KODIAK ISLAND BOROUGH 517 5I8 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 11 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Cade ... Page 70 of 197 AGENDA ITEM #9.A. 546 EXHIBIT A 547 Planning and Zoning Commission adopted Findings of Fad for Kodiak Island Borough 548 Ordinance No.FY2016-07. 549 Findings of Fact 550 1 There is a growing need for additional affordable and workforce housing options in 551 Kodiak.The use of recreational vehicles as temporary housing may be one part of a 552 regulatory solution to address this multi-faceted issue. 553 2. The amendments to Chapters 17.25„ 17.155,and related Chapters of Title 17 KIBC 554 are intended to ease the regulatory burdens associated with establishing a new 555 recreational vehicle park or expanding an existing recreational vehicle park. 556 3. The amendments to Chapters 17.25, 17,165,and related Chapters of Title 17 KIBC 557 are consistent with the adapted Comprehensive Pian goals and policies related to 558 housing and specifically,affordable housing. 559 4, The Planning and Zoning Commission recommends approval of the amendments to 560 Chapters 17,25„ 17.165,and related Chapters of Title 17 KIBC. Kodiak Island Borough„Alaska Ordinance No.FY2016-07 Page 12 of 12 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 71 of 197 AGENDA ITEM O.A. Kodiak Island Borough „ Community Development Department 710 Mill Bay Road Kodiak aska 99615 w: Phone(907)486-9363 Fax(907)486-9396 www.kodigkak.us Memorandum ChaNovember 24,2015 Tm Borough Mayor and bly Cc® Borough Manager From:Robed H.F a Cp-'Directo;W ® Ordinance oa 201 7-9 Recreational Veh' rk code changes This mento is to summarize the proposed changes to the zoning code requirements for recreational vehicle parks in the Kodiak Island Borough. Background RV parks are governed by Chapter 17.165 KIBC, The current version of the code for this type of land use was last amended in 1990(Ord.90-39).The Planning and Zoning Commission initiated a review of these regulations as part of their efforts to address the regulatory aspects of housing options in the borough. Summary of Changes I?efinitions. Current code has conflicting definitions for RV parks (see KIBC 17.25,190 and 17.165 a02 ).This conflict was created with the 1990 amendments for RV parks, As proposed, an RV park Is defined as any property with 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 an RV park as 10 or more spaces,The proposed ordinance will eliminate this conflict Ordinance o.FY2016-07 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 the option of Including an area designated for camping. L atlom Ordinance o. 2 ®a7 Amending Kodiak Island orou ... Page 72 of 197 AGENDA ITEM #9.A. Current code lists RV parks as a conditional use in all zoning districts® however, this language is not found In the list of conditional uses for each zoning district.This update will correct this omission, In addition, RV parks will be listed as a prohibited use in the Natural Use(NU), Watershed , and Wildlife Habitat H)zoning districts, as these districts generally prohibit residential uses. eueloornentstandards, P&Z recommends a number of changes to development standards for RV parks. Including: • Draft MEC 17.165.040.D.1 increases RV space width from 26 to 25 feet. This change will allow spaces to accommodate larger RVs and RVs with slid els. • Draft 17.1 65.040.D.5 allows RV parks to contain an area for RV camping,provided that area meals specific development requirements. o Draft 17.165.040.E updates RV space distance requirements from property tines. This change will ensure adequate buffers between spaces and adjacent properties, • Draft 17.165.040,E updates the separation requirements between M.This change will ensure adequate fire separation and access by emergency responders. o The open space and play area requirements of KIBC VA65,040.G are eliminated. • [draft 17.165,040.G eliminates the requirement for six foot high fifty percent sight obscuring screening and allows the Commissionto require that a fence,gall, or hedge e established and maintained If It is determined that such screening is warranted, • Draft KIBC 17.165.040,H requires that all recreational vehicles be connected to public sower and water or ADEC approved water and wastewater disposal systems, • The current KIBC 17-105.040,1 requirement to provide separate toilet and shower facilities is eliminated,due to the abover uirement. • The current KIBC 17a165,04OX requirement for a waste disposal station is eliminated, as RVs must be connected to public sewer and water or an ADEC approved water and wastewater disposal system& • Development standard for camping areas with RV parks are established, KIBC 17.155.G45, RYLQn Indivi ual Lots Current code limits use of an RV on an individual lot to 160 days with one extension, in conjunction with construction of a residence. The draft increases this lime to one year, with annual renewals for up to 5 years,The maximum occupancy for an RV(without a corresponding contruction permit)Is Increased from 60 days to 120 days. PZ Action. P Z held 6 work sessions and 2 public hearings on these changes. P&Z recommends approval of the changes, Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 73 of 197 AGENDA ITEM #9.A. Nn PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING:NOVEMBER 18,2015 pN.wtwaHr SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION m, Case Titte: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) • 17.70(RR1-Rural Residential One District) • 17.75(R1-Single-family Residential District) • 17.80(112-Two-family Residential District) • 17.85(R3-Mulll-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-Retall Business District) • 17.120(LI-Light Industrial District) • 17.130 PL-Public Use Lands District 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 i. rl*nal vehwip camping. • Lines 110-111: 17.165.045 Development standards for recreational vehicle camping rocs areas In recreational v0ftle parks. RV Palk Code Amendmart supplemanta15WO Report and Rem mendallon Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 74 of 197 AGENDA !TEAR #9.A. PUBLIC HEARING ITEM 7-A P E Z REGULAR MEETING:NOVEMBER 18.2015 L w�waa'w • Lines 116-118: It is also the intent of this chapter to provide locations and acceptable standards for the temporary use of recreational vehicles • Lines 179-180:A recreational vehicle park may contain an area designated for Fey -&,-Ai°ion cif ighJ,do 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 -6r V000140100. • Lines 219-220: The following development standards shall be met or exceeded by all recreational vehicle parks with an area designated for 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 feel in width for two-way traffic,shall provide access to each Pa v4awAon444 vt7itw Ip'4�p, "4 CamPsIto- • Lines 246-248: Extensions in one year Increments for no more than five yearn 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 dale. This ordinance should be substituted for the version distributed to you for the September 16,2015 public hearing. RV Parc Code Amendment supplemental Staff Report aM RecommenMion Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 75 of 197 AGENDA ITEM #9.A. o PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:NOVEMBER 16,2015 i w�AeKw 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 code 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 vote was taken on this motion). MOTION TO POSTPONE COMMISSIONER SCHMITT MOVED TO POSTPONE the consideration of the RV code amendment to the October 21,2015 regular meeting(this motion passed). PROPOSED MOTION FOR NOVEMBER 18,2015 Should the Commission agree with the staff recommendation,the appropriate motion is: 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 10 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 10 Chapters 17.25,17.165.and related Chapters of Title 17 KIBC. RV Paz&Code Amendment Supplemer*W Stag Report and RewmmwWation Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 76 of 197 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING NOVEMBER 111,,2015 'f, AL4611A 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(INH Wildlife Habltat 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) • 1770(RR1-Rural Residential One District) • 17,75(RI-Single-family Residential District) • 17.80(R2-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(1-Industrial District) • 17.110(RB-Retail Business District) a 17.120(LI-Light Industrial District) • 17130 PL-Public Use Lands District) 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 1T 165,050.A(Recreational vehicles on individual lots): 0o'q' t:,„I 'D-days, Extensions in one year Increments will be permitted by staff if there has been sukistaFOM progress made towards the completion of the permanent dwelling unit, This change is reflected on lines 257 and 258 of the attached draft ordinance,. OdoW RV Park Cada Amendment SupplemeMal Staff Report and Recommendadon Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 77 of 197 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 6 Z REGULAR MEETING:NOVEMBER 18.2015 '� At.A6NA 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 Fad'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 mufti-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 10 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. October RV Pads Code Amendment SupplQnentd Staff Report and Remnmmdatlan Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 78 of 197 AGENDA ITEM #9.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 Cham§gm 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(WH-Wildlife Habitat District) • 17.50(C-Conservation District) • 17.65(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) • 17.60(R2-Two-family Residential District) 17.65(R3-Multi-family Residential District) • 17.86(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 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 case as"Findings of Fad"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.Al the October 14, 2015 work session, the Commission further reviewed the Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 79 of 197 AGENDA ITEM O.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 15.2015 public hearing If the commission agrees with staff the appropriate motion is: COMMISSIONER SCHM17T 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 there 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 M0770M 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 Cade ... Page 80 of 197 AGENDA ! A. PUBLIC HEARING ITEM 7-C P d Z REGULAR MEETING:SEPTEMBER 18,2015 A.,'. STAFF REPORT AND RECOMMENDATION Case Tide: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 e 17.40(WH-Wildlife Habitat District) e 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(R2-Two-family Residential District) • 17,85(113-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-Retall Business District) • 17.120(LI-Light Industrial District) 17 130„ L PubIlc,Use Lands.Distrk:t,'�,� w wµ�_ �,,� ,_�, i DAT>=:,�,,., September 11,2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 16,2015 Regular Meeting APPLICANT: Kodiak 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: 17.2 5.Q 0 ri . 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]. 17.205.020 Reaort Pram otannina and zoning g2Mmiss19n. 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: RV Palk Code Amerdmew staff Report wx9 ReammarxIAbon Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 81 of 197 AGENDA ITEM O.A. PUBLIC HEARING rrEM 7-C P&Z REGULAR MEETING SEPTEMBER 10,2015 A.Findings as ton 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§17.72.0201. STAFF COMMENTS Al 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/strikethfiaugh format) 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 allow 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 all 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..E updates the separation requirements between RVs.This change will ensure adequate fire separation and access by emergency responders. RV Park Code Amendmag Staff Rq)W and Recommer4ation Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 82 of 197 AGENDA ITEM . PUBLIC HEARING ITEM 7-C P S Z REGULAR MEETING:SEPTEMBER 10,2015 wr 0 aY r�.®aKr o The open space and play area requirements of KIBC 17.165.040.G 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 determined 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. o The current KIBC 17.165.040.1 requirement to provide toilet and shower facilities Is eliminated,due to the above requirement. o The current KIBC 17.168.040.) requirement for toilet and shower facility lighting is eliminated,due to the elimination of the above requirement. • 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 ramping uses are provided. These standards apply to RV dry camping sites where RVs are not connected to public sewer and water or ADEC approved water and wastewater disposal systems. The standards limit the length of stay and require additional development in the form of waste disposal stations,toilet and shower facilities,and lighting. The new standards are as follows: 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 in a camping space is 180 days in a 12 month period. This provision is 10 prohibit the use of camping areas for permanent or semi-permanent use as a dwelling. C. Waste Disposal Station. Al least one waste disposal station shall be provided in accordance with state 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. E. 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. 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 recreational vehicle space. G. Solid Waste Management.A solid waste management plan must be provided to and approved by the borough engineering and facilities department staff, RV Park Cade Amendmml Stare RepaA and Recommenftban Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 83 of 197 AGENDA ITEM . . PUBLIC HEARING rrEM 7-C P&2 REGULAR MEETING:SEPTEMBER 18,2015 +N O�wiwax® • The following standards for RVs on individual lots are updated: o Draft KIBC 17,165.050.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-lime extension by staff (provided progress Is made towards construction)is also Increased from 180 days to one year. w Draft KIBC 17„165,050.updates the following: ■ Eliminates the zoning cempliance 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 cede states two spaces). • Chapter 17.40(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 are a 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; ao 17.50(C-Conservation District) o 17.55(RD-Rural Development District) :r 17..60(RR2-Rural Residential Two District) rp 17.65(RR-Rural Residential District) 0 17.70(RRi-Rural Residential One District) r 17,75(RI-Single-family Residential District) c> 17 80(R2-Two-family Residential District) c> 17 85(R3-Multi-family Residential District) r) 17.95(RNC-Rural Neighborhood Commercial District) a 17.100(UNC-Urban Neighborhood Commercial District) o 17,105(I-Industrial District) 10 17..110(RB-Retail Business District) rr 17.120(LI-Light Industrial District) rr 17.130(PL-Public Use Lands District) • Other housekeeping changes are shown in the text of the ordinance. RV Perk code Amerclrnwd staff Report and Remnmendatan Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 84 of 197 AGENDA I . PUBLIC HEARING ITEM 7-C P d Z REGULAR MEETING:SEPTEMBER 16,2015 °s..Lwea<w 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 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 AmerWment Start Report olid Reoammesdatwn Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 85 of 197 AGENDA ITEM #9.A. Kodiak Island Borough Planning & Zoning Commission Minutes Applicable to RV Park Zoning Code Amendments September 16,2015 - 6;30 p m in the 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 MOWN 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 17.26(Deftnidons)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) • 17.65(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(R2 Two-family Residential District) • 17.65(R3-Multi-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-Retall Business District) • 17.120(LI-Light Industrial District) • 17.130(PL-Public Use Lands District) The applicant is Kodiak Island Borough. The iocatlon Is Borough-wide and the zoning varies. Director Pederson staled 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 took 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 Pagel of 3 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 86 of 197 AGENDA ITEM #9.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 17.25.190R,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 it 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 requlrements 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 RV's are connected to waste water disposal system,either a public sewer or septic tank and water lines. The change gets 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 N you look on page of 5 of 11 of the ordinance,.fine 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 pertalns not so much to RV Parks but this chapter Includes the regulations for recreational vehicles on Individual lots.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 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 Fad"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 Gear 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. 4/16/2015 Planning and Zoning Commission Regular Meeting Minutes Page 2 of 3 Ordinance No. FY2016-07 Amending Kodiak Island Borough Code ... Page 87 of 197 AGENDA ITEM O.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 stated 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.Crow's 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 dear 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 RV's that have those things anyway.There are RV Parks where people could do tent camping or some RV's 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 to be required to have a dump station and bathroom facilities. COMMISSIONER CROW stated 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 Ws 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 clear cul 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 staled 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 M07ION 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 88 of 197 AGENDA ITEM O.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT y' DECEMBER 3,2015. y ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. ORIGINATOR: Delores Evans FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance would amend Section 3.40.060 to revise the penalty applied to the tax due upon a person who fails to file a personal property assessment return. Version 2 of the Ordinance includes the amendment made at the December 3,2015 meeting. Version 3 is a substituted version which would require a motion at the December 17, 2015 meeting if the Assembly desires to amend by substitution. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-09 OR amend by substitution Ordinance No, FY2016- 09. Kodiak Island Borough Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 89 of 197 AGENDA ITEM #9.B. IIntroduced by7 KIB Assembly 2 VERSION 3 RWestedbr Borough Assessor 4 SUBSTITUTED VERSION rn�wd�d Bo`oug,�ro Assessor 5 Amended: 1210312015 6 Pubsc Hearing: 1211712015 7 Adopted. 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2016-09 10 1 I AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 13 REVENUE AND FINANCE, CHAPTER 3.40 PERSONAL PROPERTY TAX, 14 SECTION 3.40.060 PENALTIES AND INTEREST 15 16 WHEREAS, KIBC 3.40.060 sets penalty rates for failure to rile personal property returns as 17 required by KIBC 3.40.010 and KIBC 3.40.020;and 18 19 WHEREAS, an amendment made to KIBC 3.40.050 under KIBC Ordinance No. FY2014-10 20 erroneously omitted the penalty applied to tax due upon a person who fails to filo a personal 21 property return;and 22 23 WHEREAS, this ordinance would set forth at Section 3.40.060(8), that a person who fails to 24 rile a personal property return shall be liable for a penalty of 10 percent of the tax assessed;and 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section is This ordinance Is of a general and permanent nature and shall become a part of 30 30 the Kodiak Island Borough Code of Ordinances;31 31 32 Section 2: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 33 33 3.40.050 Penalties and Interest is hereby amended as follows: 34 35 Chapter 3.40 36 PERSONAL PROPERTY TAX 37 38 Sections: 39 3.40.010 Property subject to taxation. 40 3.40.020 Exemptions. 41 3.40.030 Assessment return. 42 3.40.040 Tax situs of personal property. 43 3.40.050 Liability for and collection of personal property taxes. 44 3.40.060 Penalties and interest. 45 3.40.070 Classification of boats and vessels. 46 3.40.080 Classification of aircraft. 47 48 49 50 51 52 Kodiak Island Borough,Alaska Ordinance No.FY2016-09 Page 1 of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 90 of 197 AGENDA ITEM O.B. 53 3.40.060 Penalties and Interest 54 55 A. A person NW'w.o ,r ant r r ulr this code to file 3eirso ro 0 return files a 56 completed return after the riling deadline, but before the mailing of the assessment notices 57 shall, in addition to other penalties provided by law, be liable for a penalty of five percent of 58 the tax assessed against said personal property for that tax year, 59 60 B, A person Sir 2_q&_jM9MjLe_d_bx_this ALp_ray pg_rWr2Lu_m 61 ar4')0oj6r' w' who fails to 62 file a return as required by this code fir 4i( to Ifrbcuafy 284 of#wia 63 before the maillinru of the assessment notices shall in addition to other nalties 64 be fined a penalty In the amount of $3W1rjj_b9_liable for 65 p2na1ty_gLj9tax rr m2is in gREtY f2lr tLe _L zent of the tax assessedL1AUgnljMW_Rjr _9_RL2Eg — 66 year. 67 68 C. A+pqr4xw-," N ,-r"iL 4& -who-_40:, 69 70 tvdhAM,424 71 amman�,Awid ar va(4,*c,4-pamorwa�pirc.".mty to tzma;4n;bw�ttw,-biwo�J4 w4l;4*oM'4CA 72 a 4�%)414W-Poade on-i a,x,04,m 049 o4y two ,w ab miuww 73 4'md Rr,,J,�QA 4Ev,fAA4*Ai,4)9a;q4)jA w,4 fwdo-o,544,4,9,407(AS 29.45,140). [Ord. 74 FY2014-10§16.2014;Ord.FY2011-07§2.2010:Ord.93-36§4.1993:Ord.92-25§2,1992; 75 Ord. 748-0 §3. 1974; Ord. 69-4-0 §1, 1969: Ord. 67-11-0 §1, 1967; prior code Ch. 3 76 subch,2§3.Formerly§3.40,030.Code 1974§3.24.0301. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2015 80 81 82 KODIAK ISLAND BOROUGH 93 84 85 86 Jerrol Friend,Borough Mayor 87 88 ATTEST. 89 90 91 92 Nova M.Javier,MMC,Borough Clerk 93 94 Kodiak Island Borough,Alaska Ordinance No FY2016-09 Page 2 of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 91 of 197 AGENDA ITEM #9.B. From: Bill Roberts Sent: Friday, December 04, 2015 4:29 PM To: Angela MacKenzie Cc: Bud Cassidy; Debbie Rippey Subject: Ordinance No. FY2016-09 Amending Personal Property Tax Penalties Angela,At last night's meeting during the first reading of Ordinance FY2016-09 Mr. LeDoux questioned whether the penalty contained in paragraph C was sufficient. I have two thoughts on this issue which I would suggest to the assembly. Unfortunately I will be in Anchorage for tests next week and will not be able to attend the work session on Thursday. I would like to send this email to all assembly members for their comments considering my suggested alternatives so that I can answer any concerns before Thursday's meeting. My alternatives are: 1) Delete paragraph C in its entirety. First,this penalty, should the borough ever wish to invoke it is contained in State Statute Sec. 29.45.140. Second,this is a penalty that is for fraud.The person(s)we would be penalizing have met the requirements of filing a timely return, but have knowingly lied. I believe that this would be a case ripe for litigation and I doubt that the KIB would ever go down that path. That said,why write a law that you really don't ever intend to enforce. 2) Leave the ordinance as is.The fine of$1000 may seem slight compared to the previously stated penalties but as noted above the individual did file on time. My preference would be to delete the paragraph in its entirety. if a majority agree with that I will prepare a substitute ordinance thusly, or leave as is if that is the wish of the majority.Thanks to all for your help.—Bill Roberts Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 92 of 197 AGENDA ITEM O.B. I Introduced by: KIB Assembly 2 VERSION 2 AS AMENDED Requested by: t3orm*h Assessor 4 FROM 12/0312015 MEETING Drafted : DoroWh Assessor IntroI 21G3120115 Amended: 12113!2015 5 5Public Heating; 12!1712015 Adopted: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2016-09 10 I I AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 13 REVENUE AND FINANCE, CHAPTER 3.40 PERSONAL PROPER'T'Y TAX, 14 SECTION 3.40.060 PENALTIES AND INTEREST 15 16 WHEREAS, KIBC 3.40.060 sets penalty rates for failure to file personal property returns as 17 required by KIBC 3.40,010 and KIBC 3.40.020;and 18 19 WHEREAS, an amendment made to KIBC 3.40.050 under KIBC Ordinance No. FY2014-10 20 erroneously omitted the penalty applied to tax due upon a person who falls to file a personal 21 property return;and 22 23 WHEREAS, this ordinance would set forth at Section 3.40.060(B), that a person who fails to 24 file a personal property return shall be liable for a penalty of 10 percent of the tax assessed;and 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: This ordinance is of a general and permanent nature and shall become a part of 30 30 the Kodiak Island Borough Code of Ordinances;31 31 32 Section 2: Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 33 33 3.40.050 Penalties and Interest is hereby amended as follows: 34 35 Chapter 3.40 36 PERSONAL PROPERTY TAX 37 38 Sections: 39 3.40.010 Property subject to laxation. 40 3.40.020 Exemptions. 41 3.40.030 Assessment return. 42 3.40.040 Tax situs of personal property. 43 3.40.050 Liability for and collection of personal property taxes. 44 3.40.060 Penalties and Interest. 45 3.40.070 Classification of boats and vessels. 46 3.40.080 Classification of aircraft. 47 48 49 50 51 52 Kodiak Island Borough.Alaska Ordinance No,FY2016.09 Pagel of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 93 of 197 AGENDA ITEM #9.B. 53 3.40.060 Penalties and Interest. 54 55 A. A person who or ent P ra ulrad b this code to file Dersonaq ro air t raturin files a 56 completed return after the riling deadline„ but before the mailing of the assessment notices 57 shall, In addition to other penalties provided by law, be liable for a penalty of five percent of 58 the tax assessed against said personal property for that tax year. 59 60 B. A person pr enti re ulirad b tfnis Dods to fl o a ersonaq ro returru 041W40G-40 61 lNgkT1Ga1� 44If44&.a96A4 q'a',u �4�4��rw'i � � 4��u4��mw34rwwl„.�4'if "wwv r,14F•n°nwoa4lor..,u f a GGFr -w,,w4 louurdu,who fails to 62 file a return as required by this code t4ir44ur.luwrdfw rluruu4w4 -284h 01t.-the,Gw4w.u,rurul.,aur ic„w,,¢r4`4n4444441-yea l 63 be4ore tho o nalflirn _of the assessment notices shall in addition to otheir airaalitles 64 1PrrtsYLgk b Ilaw r4&iaff be fined a penally in the amount of$3004-91:: and bo flablo for 65 Renett of t0 ercent of the tax assessed a sins g� airwl_Ertznssrrtyrfiir tPng_ 66 ear. 67 68 C. A person R.LeqftW ire uIirq Ibgp this Dods to file a oarsonal rairooeriry return who,-Off�4 Din 69 ai r',fqo o4--fw,amAtWof,OF :4n„ t ..rte q.... tur urr 70 knowingly makes a false statement, relum or list required by this section relating to the 71 amount,kind,or value of personal property subject to taxation by the borough with intent to 72 avoid or evade the assessment on taxation of the property,or part of it,is guilty of a violation 73 of this chapter, and this action Is punishable by a fine of 51,000. (AS 29.45.140). [Ord. 74 FY2014-10§18,2014;Ord, FY2011-07§2,2010;Ord.93-36§4, 1993:Ord.92-25§2,1992; 75 Ord. 74-8-0 §3, 1974,,, Ord„ 69-4-0 §1; 1969, Ord. 67-11.0 §1M 1987,; prior code Ch. 3 76 suboh.2§3.Formerly§3040.030.Code 1974§3.24,.0301. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS _ DAY OF 2015 80 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 Jerrol Friend,Borough Mayor 87 88 ATTEST: 89 90 9I 92 Nova M.Javier,MMC,Borough Clerk 93 94 Kodiak Island Borough,Alaska Ordinance No.FY2016-09 Page 2 of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 94 of 197 AGENDA ITEM O.B. 1 Introduced by: Borough Manager 2 Requested by:. Borough Assessor 3 Drafted by:. Borough Assessor Introduced: 12/03/2015 4 Public Pawing: 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2016-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1 I AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 12 REVENUE AND FINANCE, CHAPTER 3.40 PERSONAL PROPERTY TAX, 13 SECTION 3.40.050 PENALTIES AND INTEREST 14 15 WHEREAS, KIBC 3.40.060 sets penalty rales for failure to file personal property returns as 16 required by KIBC 3.40.010 and KIBC 3.40.020;and 17 18 WHEREAS, an amendment made to KIBC 3.40,080 under KIB Ordinance No. FY2014-10 19 erroneously omitted the penalty applied to the tax due upon a person who fails to file a personal 20 property return;and 21 22 WHEREAS, this ordinance would set forth at Section 3.40.060(B),that a person who fails to 23 file a personal property return shall be liable for a penalty of 10 percent of the tax assessed. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is of a general and permanent nature and shall become a part of 29 the Kodiak Island Borough Cade of Ordinances: 30 31 Section 2: That Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 32 3.40.050 Penalties and Interest,is hereby amended as follows: 33 34 Chapter 3.40 35 PERSONAL PROPERTY TAX 36 Sections: 37 3.40.010 Property subject to taxation. 38 3.40.020 Exemptions. 39 3.40.030 Assessment retum. 40 3.40.040 Tax situs of personal property. 41 3.40.050 Liability for and collection of personal property taxes. 42 3.40.060 Penalties and Interest. 43 3.40.070 Classification of boats and vessels. 44 3.40.080 Classification of aircraft. 45 3.40.060 Penalties and interest. 46 47 48 49 Kodiak Island Borough,Alaska Ordinance No,FY2016-09 Page 1 of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 95 of 197 AGENDA ITEM O.B. 50 A. A person who., ehtl Heir ran lints raven behalf as a ei pk fear araufher rsr a° Rhea em t rrofficeir 51 or irnarnaoor or a cor ratinn, files a completed return after the filing deadline,but before 52 the mailing of the assessment notices shall, In addition to other penalties provided by law, 53 be liable for a penalty of five percent of the tax assessed against said personal property for 54 that tax year, 55 56 B. A person who, either W4'-4#4rH- Al on his own belialf oF as agent for another, or as tine 57 agent,officer,or manager of a corporation,fails to file a return as required by this code fwrl* 58 inn 11walbn iaiy,4814 of the,*.,mrfe nl..airGeDGmein#-yew before the ma 1111— of the assessment 59 notices shallLn atdditlrnrn to other 2enallties urovided by taw. be fined a penalty in the 60 amount of$300:-Ri and bo iiatnlo foir a einalk of 10 ercenR oaf tlYne tax assessed a alnst 61 said a onR roe for that Rax ear. 62 63 C. A person who, either on his own behalf, as agent far another, or as the agent, officer, or 64 manager of a corporation,knowingly makes a false statement, return or list required by this 65 section relating to the amount,kind,or value of personal property subject to taxation by the 66 borough with Intent to avoid or evade the assessment on laxation of the property,or part of 67 it,Is guilty of a violation of this chapter,and this action is punishable by a fine of$1,000. 68 69 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 70 THIS DAY OF 2015 71 72 73 KODIAK ISLAND BOROUGH 74 75 76 77 Jerrol Friend,Borough Mayor 78 79 ATTEST: so 81 82 83 Nova M.Javier,MMC,Borough Clerk Kodiak island Borough,Alaska Ordinance No.FY2007-16 Page 2 of 2 Ordinance No. FY2016-09 Amending Kodiak Island Borough Cade ... Page 96 of 197 AGENDA ITEM O.B. From: Bill Roberts Sent: Friday, December 04, 2015 4:29 PM To: Angela MacKenzie Cc: Bud Cassidy; Debbie Rippey Subject: Ordinance No. FY2016-09 Amending Personal Property Tax Penalties Angela,At last night's meeting during the first reading of Ordinance FY2016-09 Mr. LeDoux questioned whether the penalty contained in paragraph C was sufficient. I have two thoughts on this issue which I would suggest to the assembly. Unfortunately I will be in Anchorage for tests next week and will not be able to attend the work session on Thursday. I would like to send this email to all assembly members for their comments considering my suggested alternatives so that I can answer any concerns before Thursday's meeting. My alternatives are: 1) Delete paragraph C in its entirety. First,this penalty, should the borough ever wish to invoke it is contained in State Statute Sec. 29.45.140. Second,this is a penalty that is for fraud.The person(s)we would be penalizing have met the requirements of filing a timely return, but have knowingly lied. I believe that this would be a case ripe for litigation and I doubt that the KIB would ever go down that path. That said, why write a law that you really don't ever intend to enforce. 2) Leave the ordinance as is.The fine of$1000 may seem slight compared to the previously stated penalties but as noted above the individual did file on time. My preference would be to delete the paragraph in its entirety. If a majority agree with that I will prepare a substitute ordinance thusly, or leave as is if that is the wish of the majority.Thanks to all for your help.—Bill Roberts Ordinance No. FY2016-09 Amending Kodiak Island Borough Code ... Page 97 of 197 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT y N ° JANUARY 7,2016 y ASSEMBLY REGULAR MEETING k 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 98 of 197 AGENDA ITEM #13.C.1. Introduced by: Borough Manager Requested by: P&Z Commission I Dre led by: COO Staff 2 Introduced: 12/172015 3 Public Hearing: 0 V072010 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 11 CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1, 12 SAWMILL SUBDIVISION FROM OPEN SPACEIRECREATION TO 13 INDUSTRIALILIGHT INDUSTRIAL(P&Z CASE NO.16-003) 14 15 WHEREAS, as a second Gass Borough, the Kodiak Island Borough ezcercises 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 adapted the 2008 20 Comprehensive Plan update on December B,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 17.205.040, 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 Page i of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 99 of 197 AGENDA ITEM #13.C.I. 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 1-Industrial zoning 74 performance standards(KIBC 17,105 0W)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: Jefrol 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 100 of 197 AGENDA ITEM #13.C.1. Kodiak Island Borough Draft Planning &Zoning Commission Minutes Applicable to Case No. 16-003 November 18,2015 6:30 p.m.in the Assembly 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 11/1312015). 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 71, 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 Industrial/Light Industrial (KIBC 17.205).The applicant is Surf and Turf.LLC and the agent is Doreece Mutch.The location Is 1667 Fast Monashke Bay Road and the zoning is C-Conservation. Maker staled this is a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industria"ht Industrial. This is a necessary prerequisite 10 rezone the subject lot from C-Conservation to I-Industrial.ff 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 10 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 Pagel of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 101 of 197 AGENDA ITEM #13.C.9. Lot 1, Sawmill Subdivision from Open Space/Recreation to IndustriaULlght Industrial and to adapt the findings of fact listed in the staff report entered into the record for this case as 'Findings of Fad"for Case No.16-003. COMMISSIONER PAINTER stated 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 fact 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. b. 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 1-indu5trial 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. ROLL CALL VOTE ON M077ON CARRIED UNANIMOUSLY 11/18/2015 Planning and Zoning Commission Regular Meering Minutes Page 2 of 2 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 102 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P 3 Z REGULAR MEEl7NG:NOVEMBER 18,2015 Future Land Use Map r , / r / i OR � - 12008 Comp Plan I�� IY'I��I�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�u uY uuu a uV Vuuuuu uu uuuuuuuuuuuuuuuuuuuu�VVuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�VVuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�VVuuuuuuuuuuuuuuuuuuuuuuuuuuuuu VVuu uuuuuuuu uu r, / �i ' �%� � �` . Proposed i u m u�� rcmm para Hod a, Case ND 15-003 9n fru Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 103 of 197 AGENDA ITEM .C.9. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING,NOVEMBER 19,2015 M *,�� w°7w � s l a �� 0 m ir. r w.w m. Alp •';m 'x uu � I W' '� u � m r y # Y A, '* r � lr JY r� t i Leland Subject Peiral Zened C-Conservation I Zoning Legend .... Public Use Lands�.: Residential 1 Multi Family ResWanHal ��''�Light lndustriat Q VMershed Rural Residential 2 IM Business JeM�,g, R"Neighborhood Commercial can servalton Single Family Residential=Retall Business Urban Neighborhood Comrnerc*al Rural Residential �,,D Two Fern9y Reskiential EAf Industrial VNatural Use aedlak island sereup Gla Community Dow"pmnd oeparknent r_=a A s l pyet hep:7lwww.k lurdyb(ja1►4e&9337 err wiara Hrryipd 1UnwvftucwddYwr+ Case No 18.007 InlroduclJon Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 104 of 197 AGENDA ITEM W.C.I. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING;NOVEMBER 18„2015 KIB Image Overlay Map *E E UI 1 ri uu I �I� t IryI �e, �// f//jy ✓'�� IW�� l I II 4 14 I Il J 1 Irna a Overlay Legend ® m w , �a P®ral � E ---- --- - -- s Kodlak Isd®orl O.—gh GIS Cay Ut DWVU rtroert ent h� ®oswlu+bb I9rtY1®as®9]7 11. 4 4 Case No.18-007 Introduction Ordinance No. FY201 -10 Amending the 2008 Comprehensive Pian... Page 105 of 197 AGENDA ITEM W.C.I. n PUBLIC HEARING IFFEM 7-C P a 2 REGULAR MEETING:NOVEMBER 1S,2015 `L �LABKA' STAFF REPORT AND.RECOMMENDATION CASE No 16 003 A Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1 Sawmill Subdivision from Open Space/Recreation to lndusidallLighl lndusUlal�KIBCn 17 20�w ._.w 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, Zonina 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.84-085). •Rezone to I-Industrial denied by Commission(Case No.91-037). •Rezone to&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, gxisllng 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. S. Comprehensive Plan: •Designated Unclassified by the 1968 Comprehensive Plan. •Designated Business by the 1985 Monashka Bay Comprehensive Plan. Cass No.16-M Staff Report end Reconwrmx ation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 106 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING:NOVEMBER 18,201S ^6 �u,ercw •Designated Open Spaoe/Recrealion by the 2008 Comprehensive Plan. o It appears this designation may be a mapping error,as no other private property was designated Open Space/Recreation in the 2008 Comprehensive Plan Update.In addition,adjacent Borough land Is shown as CommerclallBusiness and no other Borough owned land Is so designated. 6. Applicable Comprehensive Plan Future Land Use Designatigns Oven Space/Recreation: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. Industrialrt-laht Industri9l: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(Comprehensive 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 Revort 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 10 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,ghanges) 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 initialing party,within 10 days,rales a written statement with the clerk requesting that the commission's action be taken up by the assembly. Case No.18-0«3 Stair Report and Recomm miatim Ordinance No. PY2016-10 Amending the 2008 Comprehensive Plan... Page 107 of 197 AGENDA ITEM W.C.T. PUBLIC HEARING REM 7-C P E Z REGULAR MEETING:NOVEMBER 18,2015 Alt, 1, STAFF ANALYSIS This Is a request to amend the 2408 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to IndustrlaULight Industrial. This action Is a necessary prerequisite 10 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. 85-487),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 (grandfalhered)uses. The existing uses are appropriate In an industrial area and are listed as permitted uses in (- Industrial zoning. Accordingly, this amendment, combined with a successful rezone to (- 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 composling facility PREVIOUS REZONE ATTEMPTS Four previous rezone requests were denied; two 10 1-Industrial, one to B-Business, and one to LI-Light industrial.Those rezones were denied primarily due 10 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 2408 Comprehensive Plan. As noted in the 2008 Comprehensive Plan, the individual plans are still relevant as a source of information on some topics. In addition the 2008 Comprehensive Pian states that "when an Inconsistency related to land use planning goals or designations exists between the plans,this plan shall take precedence." NEW CIRCUMSTANCES At the time of 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-Industrial zoning at the landfill site.The area to the north Is zoned NU-Natural Use and to the southeast is C-Conservatlon zoning. Case No,1643M Staff Report and Recaiwnan laWn Ordinance No. FY2016-10 Amending the 2008 Comprehensive Pian... Page 108 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P d 2 REGULAR MEETING:NOVEMBER 18,2015 9GS O ^J• ALA6MA 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 following 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 specific economic sectors,including a►eallstic assessment of their potential within the K19. • t ffS a Anglysis: The local population trend is fiat to 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 pubffc facilities, including roads, water and air transport Willies, 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 cora icts with adjacent land uses,particularly residential uses and sensitive natural resources. • 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 10 the northwest Is also encumbered by a greenbelt established by KIB Ordinance No. 98-061. The subject lot also abuts East Monashka Bay Road to the southeast.The plat for Sawmill Subdivision established a 50'greenbelt on this lot parallel 10 the road right-of-way. The Plat note states that The area shown as a greenbelt shaff not be aftered hom 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 I-Industrial zoned areas in Kodiak are nearby or adjacent to residential zoning. These areas do not have the extent of Staff Report ExWblt A Staff Report ExWbit B Case No.1600.3 Staff Report and Reoww iendation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 109 of 197 AGENDA ITEM #93.C.9. PUBLIC HEARING nEM 7-C P&Z REGULAR MEETING:NOVEMBER 1s.2015 i CY ALASKA 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 negatively Impacting the surrounding area.The 1-indu5trial 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 Sale characteristics as they relate to the requirements of businesses to 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 of the adopted 2008 Comprehensive Pian: + Land Use Goal:Regulate and manage land uses to balance the rights of private property owners with community values and objectives. ■ Rolic 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. o 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 pr*ded uses, and conditions or constraints that might affect development. Consider use of public or private Native-owned land to help meet these needs. o Implementation 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 Implementation Action: Identify potential future landfill sites and zone surrounding areas for compatible(i.e.,nonresidential)uses. ci lmplementalion Action:Address the fishing industry's needs for gear storage through local land use controls. u Implementation Action: Conduct an industrial lands study that identities preferred areas for future Industrial and commercial development. • Land Use Goal., Continue to update and improve the effectiveness of Borough policies, plans,regulations,and procedures. a Implementation Action:Review and analyze area zoning to determine the need and potential placement of industrial property zoning If needed. Can No 18-OM sten Repw end R*=nnbnde w Ordinance No. 1=Y20'16-10 Amending the 2008 Comprehensive Plan... Page 110 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P d Z REGULAR MEETING:NOVEMBER 18,2015 � Y,a i wL.s,61(w Economic Goal., Regulate land uses to protect industrial uses and minimize conflicts with adjacent uses. The rezone is also consistent with the following 1985 Monashka Bay Comprehensive Plan land use goal and objectives • Land Use Goal-To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development IR strategic locations. • Obiective: 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 • Oblecthm Maintain the general pattern of existing land uses while providing suitable land use areas for 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,1643M Stmf Report and Reco m miation Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 111 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING rtFM 7-C P&2 REGULAR MEETING:NOVEMBER 18.2015 p'1 ALAel1[A 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 is: Move to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Pian 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 Fact"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 1-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.184)03 Staff Repan and Remnmandabon Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 112 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEEnNG:NOVEMSER 18,2015 11 Df 3 . ............. InInoduCed hy; Mayor Selby Requested by, Engineetingi Facilities Dapffirintent Dralled by; Environmental Engineer lnlr04107198 Public Hearing: 04116198 Adopled„ 04116#98 KODIAK ISLAND BOROUGH ORDINANCE NO. 90-06 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 BAY ROAD SERVICE AREA AND BALERMANDFILL WHEREAS, the Monashka Say Road Service Area shares a common boundary with the Kodiak Island Borough balerliandfill site,and WHEREAS, the Monashlca Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two,hundred foot 12DO')common boundary of the service area and ADL 44355, as well as within a two hundred foot 1200') butler surrounding a former beaver pond;and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87-15-0 reserving certain Borough lands as a vegetative screen and greenbelt;and WHEREAS. the Monashka Bay Road Service Area board 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 from 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 greenbelt along the common boundary of the Monashka Bay Road Service Area and AOL 44355 described as follows- Beginning at the most westerly comer of Lot 1, Sawmill Subdivision, Plot No 84-46,- thgo W08 Page I or 2 Case No 16-003 Staff Repon and Recootmendaeon Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 113 of 197 AGENDA ITEM #13.C.I. PUBLIC HEARING FrEM 7.0 P 8 Z REGULAR MEET NG NOVEMBER 18,.2015 lil rile c(,i (1) thence. N37'16'44'W, 264.04 feet; (2) thence 665 ®i l"W 491.62 feet, (3) thence, 565 12 1'00'W, 171.78 feet, (4)thence N34'39'00'W, 411.00 fere 151 thence A125 V00E. 7.39.00 feet; 161 thence N633246E, 1466.67 feet; 171 thence, N2 7'42'T . 1,153 foot, more or less, to the Mean High Water Line along Monashka y; 161 thence, northeasterly, approximately 2,100 feet mote or less, along said Mean H;gh Water Lime to the common boundary between U.S. Survey 16 78 and the city of Kodiak Sanitary Fill Site Survey,, (9)thence,along the common boundary between U.S.Survey 1678 and the city of Kodiak Sanitary FZ11 Site Survey SOO V2'33'E,3093.17 feet,moreor less, to the southwesterly corner of U.S. Survey 16'76, common with the most northerly corner of Cot 2, Saw 711 SubdMsibq,, (10) thence, S29 45`.32' . 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (I IP thence,S43 5' , 1328.77 fact along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 0.28 acres,more or less. Section 3; This reservation prohibits the cutting and removal of all trees ars vegetation and limits activities with the of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashko fray 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 ard. ADOPTED 1l THE ASSEMBLYTHE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAA OF APRIL. 1998 ICO IAA ISLAND BOROUGH Jar 'a .S ,ty . area, Praaiding Ofter ATTEST: �raa �7�►iEfdB Donna F. Smith,CMCIAAE. Borough Clerk Kodiok tOw"bwagIN NnLm gmam F&P20f2 Can No.16-003 Staff Report WW Re ®tion Ordinance 1 ®1 0 Amendingthe 2008 ComprehensivePlan... Page 114 of 197 AGENDA ITEM #13.C.l. PUSUIC HEARWIG ITEM 7-C P&.Z REGULAR MEIF:TON G NOVEMBER 4S:2015 asIveyIFf RE? iO�V'lI"'t E.xhii iul k P,age 3 of' IQ I I„ ,� I^f" i ti,u v ,.w. "' � v d M11110) I t NX � v , Case No W003 Stu?#Repud.and Recomm"abon Ordinance No. PY2016-10 Amending the 2008 Comprehensive Plan... Page 115 of 197 EL m d m i m �wuuu�ar.plF IIII'MMCIA7C �� ,,.. ... .TIMMauOMiIAREIlk 19!1%%IS 13 CL g 3 i v Ill�ra mr i y 7SO " ✓l PY ip Ip ISI'. mw ftr "IYlf 14� ��r�a iuoaml r,r rarc�e�2 rc,a•�t.o� J 0' a" M v �� m v AGENDA ITEM #13.C.9. PUBLIC HEARING ITEM 7-C P&2 REGULAR MEETING.NOVEMBER 19„.2015 laboduced by: Borough Manager Requested by: P&Z Commission I Drafted by. Community Development 2 Introduced: xxr=20115 3 Public Hearing: 4 5 Adopted: 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 INDUSTRIAULIGHT INDUSTRIAL(PBZ CASE NO.16-003). 14 15 WHEREAS,as a second class Borough,the Kodiak Island Borough excerclses planning, 16 platting,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 Pian`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 that: 50 Cane No 10-003 IDS Amen&nent Ordinance Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 117 of 197 AGENDA ITEM #13.C.l. PUBLIC HEARING ITEM 7-C P d 2 REGULAR MEETING.NOVEMBER 18,.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 Industria"hl 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 17.105.080)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 2016 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 Clerk 97 98 Case No 18-OM Draft Amendment Ordnance Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 118 of 197 AGENDA ITEM #13.C.l. PUBLIC NEARING ITEM 7•C P A Z REGULAR MEETING:NOVEMBER 10,2015 Pant Form Su by Ercall rnhY Isl nwn t bepaivnent n4 710NUBayRd.11m 205 YodIAMM15 Pt )486-9362 Fay 1 9396 SEI PROUD App IY R iicati rRezwh--K1BC 17.2 PropeMOwoter/AppikanGMalling Aad � . Phone Number t -� 17ther Cantact email ncr M a sTt11 a�/L .AJa T Legal V LM Sheol Aaarem ApprImW Cumpfthw*e PIam Explanation of the need i JustlBcatkm kw a change w amendmem d mnang: --------- EVIlanallon of tM effed sucha change Dramaximm would hoe on theable&ies ofthe applicable m Dau Case No 1&000 A bon P Ordinance 1 -1 en in the 2008 Comprehensive PIan... Page 119 of 197 AGENDA ! C.1. PUBUC NEARING ITEM 7-C P 6 Z REGULAR MEETING NOVrMBER 18,2015 Datr CDD Stalt "1�4 Fee PayabklnCash s 9 104-M.Va floordSomugh BuMnq NotAppkWe r Som Leis than 1.75 saes r 1.76 to S.a acres r 57 5.01 to 40.00Sl 4001 aaesor f 51 5� IG k, KOOKK ISLAND BOROUGH ANANCE DEPARTMENT Case No.,16403 Apocabon Package ---------------------------- Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 120 of 197 AGENDA ITEM #13.C.1. PUBLIC LW RING IT 7-C P a Z REGULAR MEETING NOVEMBER 111,2015 PAYMENT DATE Kodiak Island Borough BATCH NO. 06/0112015 710 101111 Hay Rd. 2016.00000072 COLLECTION ON STATION Kodiek,AKW615 RECEIPT NO. CASHIER 20164XH=199 RECEIVED FROM CASHIER I EEC£MUTCH Cashier DESCRIPTION APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT KISC 17205 .0 ,,, 11P 0Iher su,M= Game orMIVro.wpssn s !14"a o00 Pa'IYuneudlc Two IlgimW AmcixA .i�ix 'Ir �IIIXI'V$ IIIfl,66kIC6.mUdb ..................................... 1fOWAlmrootilII'I'II: "$`1„000"00 Pyinkind bw CRAWAr Pan" "I ni 1 8296"III2m l n 02-30,51 P ('.'a,ue No 66;-CM AppIIrW=Pxka Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 121 of 197 AGENDA ITEM W.C.1. PUBLIC HEARING ITEM 7-C P d,Z REGULAR MEEIING NO BER 10,2095 Corporations,Business,and Proressional Licensing Page I of 2 Division of Corporations, Business and Professional licensing Name(s) Type Name lzo Name Surf and Turf LLC PmdQus Legal Name Manashim Bay Road LLC Entity Details EnlityType. Undled Liability company Entity#: 12076o, Statuin Good Standing AIC Formed Date. 2/26/20o9 Duration/Expiration. Perpetwid Horne State- ALASKA Next Biennial Report Due.- 112/2017 Entity Malting Address: 218 CENTER AVENUE,SUITE B,KODIAK,AK 99615 Entity Physical Address. 21ll CENTER AVENUE,SUITE B,KODIAK,AK 99615 Registered Agent Agent Name. Reed E.Oswalt Registered Mailing Address. PO Box 722, dick®AK 99615 Re&tered Physical 21S Center Avenue,Suite PI,Kodiak,AK 99615 Address: Officials AKEntity# N Tides Fe rat Samuel&Dweece Mulch Member So Sawmill Storage Company,Inc. Member so Filed Documents Date Filed Tnw Filing Certificate 2/26/2009 Creation Filing 3/1612009 Amendment 61212009 Initial Report 1i/1llf2ciii SlennialReport httpslfww%v.commerce.alaskmgoviCBP/Maift/Corporation Detail.aspx?i1-120760 9,1112015 Case No 1iaik-abon Package Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 122 of 197 AGENDA ITEM #13.0.1. PUBLIC HEARING afi 7•C 4n&Z REGULAR MEETONG°dgCbtlEMBER 10,2015 orpur Otioirm„'IX:usiaua.,%s,and Imf'en.�,iioria l III.,ke nsing, IPap 2 ort 82117/2012 q Bcttannl[mi'!!..2.ao:! ,,,,,,,,,,,,,,,,,,,,,,,,,,,, m7/310'nQ2014 ,Ifia^nnialIIF�n^ nii� 911r2o'n,5 IC;V��ru II��VoD 'O�d• �u�u �fiirwrh P�,:�,� Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 123 of 197 AGENDA ITEM #13.0.1. PUBLIC HEA MG ITE 7•C P Z REGULAR MEETING:NOVEMBER 10,20$5 �'Cw.rl. SMR ak Island Borough GIS Webs9te .wir.-w.rwrwr� w�wM.M+�Mnwn.M I rw�ww�cxsawelW„01r�; u u /�j. M U 'NN4WM �m� b,/ ��I I YI I� Nxu✓ V.'z!k.MIF% �y0,11n, uOwrwMIIIAmOKI � %1� 7rrri r �p� J r a x I I C8%0 We.101-41M ANugAc hon Package Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 124 of 197 AGENDA ITE 9 . .9. PUBLIC HEARING ITEM 7•C P&2 REGULAR MEETING„NOVEMBER 1 a;2015 KodpVk ® A7 land Borough ,p P Community Development Department 710 Mill Bay Road Room 205 Kndiak,Alaska 94615 Phone(907)4869363 Fax(907)486.9396 www.kodiakak.us September 2,2015 Ms..Doleece Mutch Surr and Turf,LLC P.O.Box 1753 Kodiak,AK 99615 Re: Case 16 003. Request o Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Sawmill Subdivision, from Open Space/Recreation to Industrial/Light Industrial(KIBC 17.205). Dear Ms.Mulch: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 21,2015 regular mecting.This meding will begin at 6:30 p.m.in The Assembly Chambers,710 Mill Say Road,Kodiak,Alaska.Attendance at this mating is out mandatory but recommended. One week prior to the regular meeting.on Wednesday.October 14,2015 at 6:30 p.m.in the Borough Conraena Room(11121),the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries creases scheduled for the regular mecling. The public is welcome to attend the packet review work session;however,the work session Is not for the purpose or receiving public testimony.Applicants who with to present testimony and/or evidence related to their can should appear at the Public Hearing during IM Regular Meeting and present such information in person. Please contact the Comm rthy Development Department at 4116.9362 if we can answer any outstanding questions or provide additional information.In advance,thank you for your cooperation. Sincerely. Jack aker,Assistant Planner Community Development Department Case Na 16-003 PuNc Comment Package Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 125 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING NOVEMBER I B,2015 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710hfill13a Road, Kodiak,Alaska 99615 907) - ( 4az 9363 n!njmjqdua!,pj11 September 10,2015 Public I Iearm " o'. PUBLIC HEARING NOTICE A public hearing will be held on 11'eduesday,October 21,2015.The meeting will begin at 6 30 p m.in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak-, Alaska, before the Kodiak Island Borough Planning and Zoning Commission.to hew corrimcrlfls if an ,on the Folloae in re nest: CASE: 16-003 APPLICANT, Surf acid Turf,LLC AGENT Dorcecc Mulch REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Sawmill Subdivision, from Open Space/Recreation to Industrial/Light Industrial (KIBC 17105). LOCATION 1667 Monashka Bay Road ZONINGC-ConservalLon This notice is being sent to you because our records Indicate you are a property ownedinteresied party in the area of Ther uest. Ifyou do not wish to testify verbally,you may provide your comments in the space below or in a letter lothe Community Development Department.VV 11111 it-11[i rNIHIMIR"I r ri 111mMIJ 1111 ut he IIIrcliai%V.qj III , LIII m1bi$ 4W, Ifyou would like to fax your cm'nerals to us,our fax number hs-(907) 4869396,or you may email your comments to m i1iiii LIN iii k ind'aLnhgg: If you would like to lesilry via lelephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 496-3231. The tell free telephone number is 1-85"92-9202. One week prior to the regular meeting,on Wednesday.October 14,2015 a work session will be held at 61 It or.in the Kodiak Island Borough Conference Room(4121),to review the packet material for the cam Kodiak Island Borough Code provides you wah specific appeal rights of you disagree unth the Courmassion7s; decision an this request, If you have any questions about the request or your appeal rights,please feel free to callus at 4669363 Your No"* MalliatiI--—---------------------------------- Vowr propffty dincriplionz commmmuz Case No 16-003 P COMMent Package Ordinance No. FY2016-1 0 Amending the 2008 Comprehensive Plan... Page 126 of 197 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P Q Z REGULAR MEETINGNOVEMBER 18,2015 Case 16-003 Request a Comprehensive Plan amendment to Location change the Future Land Use Designation of Lot 1, 1667 Monashka Say Road Applicant Sawmill Subdivision,from Open Space/Recreation Surf&Turf,LLC to Industrial/Light Industrial (KIBC 17.205). A^ P tI oil lune . J Public Hearin Notice .� Feet Subject Parcel a t,n 3.!! 6,000 Notification Area ... Kod1`k Mand Bwough GIS Commun1.%Oevelepnent ti admen( hVJ1w .k0dA8LuM9*1 14969("7 1M rryPh P�sMtlreM Pte. .1 W.e Case No.16-mak„t Pudic Comment Package Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 127 of 197 its z HEARING rMM 7 C P A VIEGULARMEEIING NOVEA11BERM2015 h] 8a] a FIFst_Bdame Last_N mu malLune- Mail Une_1 Mall_0ty Mail State Mail 21P PAUL ZIMMERETAL 2000 RIDGE CIRCLE KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL RAY AD KODIAK AK 99615 SURF&1IlRF,,,LLC P®R®K 17.53 KODIAK AK 99615 [ICY OF KODIAK P.O.box 1397 KODIAK AK 99615 MARIE HEIREMANN, TRANSPORTANDW PLANNER SOUTCOAST REGION ADOT S PF PO BOX 112SDG JUNEAU AK 99812-25GS fu IN to Fn IS 02 came N.9 paksqps L� ^4 AGENDA 14 ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P&Z REGULAR MEETING,NOVEMBER 18,2015 Shelia Smith From: Paul Zimmer<kodiakzimmers@yahoo.com} Send Monday,October 05,2015 10:51 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 99815 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 spacetrecreabonal. 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 Ila 16-W3 3 PpeNic Carrrnmerrnt PaaL*agt% Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 129 of 197 AGENDA ITEM #13.C.1. Kodiak Island Borough Office of the Borough Clerk � 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 a:::,�,a;•irl ..Vii...➢ m ii�ulka:�:.:.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday,January 7.2018, 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 SpaceiRecreation to Industrial/Light Industrial(P87-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 cleuksa kochakak.us,, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 10i, 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. FY2016-10 Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 130 of 197 AGENDA ITEM #13.C.1. Ordinance No. FY2016-10 Amending the 2006 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to IndustriaMight Industrial(P&Z Case No.16-003). v' tu �o 01 1 .a.Rred2eredO,l� ll r Zba hBg Lapn We Lanae Rural Rall wOm a, O Res: . tlpat h MIV f IM FWrM RIsumball2 ButrAni 77=7I ii"Plevii " )commnaw cros�am cwt swayKY ,�,,; RResroetil - u non Nev,ftromm cean amw Ray Restlennattrw UW Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 131 of 197 AGENDA ITEM #13.0.9. 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 SpacelRecreation to Industrial/Light Industrial )PBZ Case No.16403). ® This is in support of changing the future land use designation. 0 This is in opposition of changing the future land use designation. 0 Other comments. Name: Residence Address: Mailing Address Comments: Written comments may be submitted by email to p-!2e ulkod kak,uq, faxed 10 907-486-9391, mailed or hand delivered to the Borough Clerk's Office. 710 Mill Bay Road, Room 101, Kodiak,AK 99615 prior to 3 on Thuradgy,January 7 2016. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan... Page 132 of 197 0 p r First_Name Latk_Name ail_IJne_ Malb Line 1 ma14_63ty Mail male mail Zip C3 PAUL ZIMMER ETAL 2OW RIDGE ORCLE KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL SAYRU KODIAK AK 49615 SURF&TURF,LLC RD BOX 1753 KODIAK AK 99615 0S CftY OF KODIAK P.M BOX 1397 KODIAK AK 49615 0 RIE HEIDEMANN, TRANSPORTAWN PLANNER SOUTCOASTREGIONADW&PIF POROX112506 JUNEAU AK 99811.75676 09 CD Do 0 Ua to rn QQ 4 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 117-20115 u ASSEMBLY REGULAR MEETING 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 134 of 197 AGENDA ITEM #13.C.Z 1Introduced by- KID Assembly 2 Requested br. KID Assembly 3 Drafted by: Borough Clerk 4 Introduced: 1211712015 5 Amended: 1 2117120 1 5 6 Public Hearing; 7 Adopted 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 adjoumment 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 is 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 740 6:30 p.m.on 45 the first and third Thursdays of each month, or such other time 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 1-'1.;40. 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 rnldnlg114t, ;j..w •.m. unless 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 135 of 197 AGENDA ITEM #13.C.Z 53 8, 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. If 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. 71 72 O, 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 assembly..! 1!.y , .a.4 ind woirlk sessions erne to 2mmence at 6::30 78 man.arad staalll ad aaurrn at t43:30 .irmn.uirallasa tltne tlirnne Is ateraded b sera omit rnembems 79 of Ihrr Assemb9y. 80 81 E. ther..l{fg [!f;...uta¢sg,�rmn!28...or_ ��u;,k...sessloins.:..."�I a Assam�u�...mma8.2...hold_ thglr Ircipg�p�g „orf 82 worts 26221.ons at such other time aind lace as It deems a ro rdate as Loma as 83 measoiraable Rublic,notice Is Even. 84 85 Section 3: Title 2 Administration and Finance, Chapter 2,,30 Rules of the Assembly,Section 86 2.30 060 Order of Business is hereby amended as follows: 87 88 2.30.050 Order of business 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.Pledge 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,,Aw ares aa,4 pipesental6rans:Citizens'comments, nts, 99 a.Agenda items not scheduled for public hearing and general comments. 100 7�te44o�00% Awards.arnd masranlatl¢nreas. Kodiak Island Borough,Alaska Ordinance No.FY2018-11 Page 2 of 3 Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 136 of 197 AGENDA ITEM #13.C.2. 101 a.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 I30 131 Kodiak Island Borough,Alaska Ordinance No.FY2016-11 Page 3 of 3 Ordinance No. FY2016-11 Amending Title 2 Administration and ... Page 137 of 197 AGENDA ITEM W.D.I. KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 17. 2015 � ASSEMBLY REGULAR MEETING TITLE: Confirmation of the Mayoral Appointment to the Planning and Zoning Commission City Seat of Mr. Bary Altenhof(Pending City Recommendation on Wednesday,December 9,2015). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently two vacant City seats on the Planning and Zoning Commission.These seats have been advertised per Borough Code and an application was received from Mr. Barry Altenhof. It is anticipated that the City of Kodiak will be forwarding a recommendation after their meeting on Thursday, December 10 for Mr.Altenhof to the seat to expire December 2018. RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Mr. Barry Altenhof to the City Seat on the Planning and Zoning Commission for a seat to expire December 31,2018. Kodiak Island Borough Mayoral Appointment to the Planning and Zoning Commission Ci... Page 138 of 197 AGENDA ITEM #13.D. e L s j ® e, ° (p e . C3 �' C �a C5 PJg' ea i� C+7 0 9a cb CL �2 > . Ov a co ®e cr �. cr M .L ICLCL ®° ,� ° fE1 ° m, e� ria' = .rr _ SL Eit w R c_ 0OL3 OL ® cr �- A a R Oz r 13 R E 57 I�Ojpo :L wNag w w cr CO AD :3 CELL � lieK 0W z w 0 In0 a w w wc 0 a- z CL lMayoraAppointment to the Planningi isi i... Page 139 of 197 AGENDA ITEM #13.D.1. P KODIAK ISLAND BOROUGH G , 1�1 )11)V11rlJ0�%i�!!ZO�N"ING COMMISSION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt(B)Chair 2018 481-3745 FAX 414-791- Call instead of email PO Box 76 481-3333 3745 Kodiak,AK 99615 Jay Baldwin(B)Vice Chair 2016 942-0385 Jay.baldwingilikibpianning:org 3343 Eider St. kodiakiay0yahoo.com Kodiak,AK 99615 Vacant(C) 2018 Maria Painter(B) 2018 942-2560 maria.oainter(Mkibolannina.ora 3901 Woodland Dr. Kodiak,AK 99615 Alan Schmitt(C) 2017 486-5314 alan.schmittAkibolanning.org 3295 Woody Way Loop Kodiak,AK 99615 Greg Spalinger(B) 2017 486-8366 486-3725 area.snalinger(Mkibolanning.org PO Box 2635 Kodiak,AK 99615 VACANT(C) 2016 B=Borough Seat C=City Seal This commission is governed by Kodiak Island Borough Code 2.105 LBWhjMdeMgLv®kodiakaM..us i 4964382 ImakarOUdlakak.us „Nbjy1�Ytl111UJ�� /i to xxoarir 498-Q383 ssmf"kcdiakak.us Revision Date:1210412015 Revised by-NJ Mayoral Appointment to the Planning and Zoning Commission Ci... Page 140 of 197 AGENDA ITEM #13.D.1. On Dec 11,2015,at 10:42 AM,Marlar,Debra<dmarlarft city.kodiak.ak.us>wrote: Nova, At Its regular meeting last night,the Council moved to recommend Harry Altenhoff for appointment to the vacant three-year City representative seat on the Planning and Zoning Commission. Deb Debra Marlar, MMC Clerk, City of Kodiak Phone 907 486-8636 Fax: 907 486-8633 Email:cir�arlar _�ity.koiak ak yrs Messages to and from this e-maff address may be available to the public under Kodiak City Code provisions and Alaska State Statutes. Mayoral Appointment to the Planning and Zoning Commission Ci... Page 141 of 197 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT � s DECEMBER 17.2015 ASSEMBLY REGULAR MEETING TITLE: Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: At the December 3,2015, regular meeting of the Assembly, direction was given to present a proposal regarding future formatting of repealed sections and subsections in the Kodiak Island Borough Code.Adopting this proposal would identify an action to be taken by staff in drafting future ordinances. RECOMMENDED MOTION: Move to approve Assembly direction regarding future formatting of repealed section and subsections in the Kodiak Island Borough Code. Kodiak Island Borough Assembly Direction Regarding Future Formatting of Repealed S... Page 142 of 197 AGENDA ITEM #13.D.Z From: Nwa 32%W To. amu' map.analm Subj Fcrmrt change kn Am&xbV the as Ccde Datam,a®as M18:00 AM Atbmhmwdc 'tl.'aahlpna;U: Baia " �, 1p tIle pllVra5pwaveni,Torn,airnl Joiniii,„ U ssraaalid Illulla Po get yol uir input megardilrue,an c1hiaanalge that ii.IbiEaiiirnp Ip xuipm^saMdl whein aam nenuddrpg,plVux caii:l First attachment ..5aimngplile phage rale, Uansllha Statutes Pairalgraalpnlliau g,and k'wereire.p6al),ed aiad W pan'r.11na(bullet Ilenenrk'ig,ii'weir%n i nraltl.amidl ualrmaari., Second attachment—p iidllinaal,uce 1prese n'lanll l at.aatlf„r,Fe l of page,4,see ap^a�o lmuarow p�ualllllet G ua It»61l'pp,dellllelaaqd un its eini,tlrety anudthe fo lilllowgiing Ibiol eil,,a aalr�E Peillu vrmulNveirgaat,. 19'� .u�w w„„amu„7�aa�an��r�Fa� aum�.aae-�� uL. wu�a .,a��s1,� „sp��re,mow"aswaaw��n�a4,��arw>�. 193 `daiwi In:*dmnn edl'aril nAupbow 10„mkw' 194 ENO dWrri� u u mldns�ru Naq�un't �1a ,nm ,. ;195f Aa ap„ %�;ddb" kao flaxillvuu'-Aw1wwnwd4lxwq' vvnad�= 1961 ' 1 '1..�u r, a ., rup wr pp iuu arnr p slu p, 4 a w'muq,r 1 IutrvApip dp� npa �apana1 piaa1 V's� ` Third attachment••pOIrImrcm°•:n'I change heiinjg pl.I�uqullltlual'h1 hr�Ap n.n lsrurn�rt�um�C.m�aarlk dri�a1'm�iiq:ulr4 ra�arclq:la�sl Dnp thip.u"airndoll`the pmiragivaltndhlt.Bu.wplllell Ilira�raers rraimnnauvli�'t.,Ihe same.. �',rpfn�usuui �p�r - arvaul�„ni �wiw�rrw a-r!p� l�mawa�, sm�u,�u -au��lh ww�°-,Wr� w mu�u w �u�rls gl'waw�!u unn n�a asp ptaau�the ra ura� lby��1�u�llmuoa��sammlrllrcw�,�4se�a.uLrvmw �ollnpnw,� u��"rd�a,;�a�a�� , 01Cuuu;w� umrr�a�a, a1�s ,r'a�em�aN,p�pe,p r�a a �7tlna aw uu!~uo�o�, Ilm a��m a Ilu-u��um .p rr�„�unp� - ani lah�, papiniM IIgAAmrn� •1w wwdn aA�tnrr I1 � A �urs�la�osn°snpn.� r ��,.rmmlahllm�•naa�. a �.R�ei�d 0flAha ice No,FY1"7,,,,§2,2015;y„ Page 4 0 I' H.SuffnhV I AIP Ipm ua aspm. 41, Ww fl3 d aMie.�as nd'aap a i1 ��ausurn urospnmlp dw w wPum mk- Ilasmi3.- n 3mporkJ Alloo„ Aia,an aw s px an ,..A atlsl-Ixronpnsn dn.:lau"n, mp 1pn� 'A1 n rx!nF:11l1nns 'M0111+ In,Baa .n"nad ,q, tid' ap I N%Mud d'N drar :m�+upaA'N--�a°!- la,'"�Au°!,d-aA u�, y 1� ,.,�1IbdA-pdVa�r�k. sgA vii dlw6"d�,!MsIXNr .."�....... Ilarxrupxm. anxnal axmxrlfn. crosmnmxnlCxalrea�u ixna ire pnfi�a ICpkrl a 'IY,ria,x:aA a alll, en hed a tumm ,�dtIIWpUpx'Amp'I,aICH kxl�dl Iram�pktlirn@!✓AVa'u�puxt'�taalCs�Yaelro IYtr�Gk IYrvXr'I';IYM&a1pM9,r'fla vaaPU�xm,,,,CmaN'la axm4�a#h9iP�,fr'IPP,xru^Vx'ut cum lairxrl ma^xua. 1p TIO S- Assembly Direction Regarding Future Formatting of Repealed S... Page 143 of 197 AGENDA ITEM #13.D.2. Is thils doalblie and cairu we�iust ulnnove loirwavd fircirn ths ppoiiiut.ilini wilth the prolpio&M chailiges? Ills!!it riecesSairy tcii g�ry Daickaind fix Or- ckide? )w III yyuij Ilkinuu,w olf otheir tllniiat irto it 11hir;way? 16, The iiiirnteint its to III tide inviii,n1bed,ing as thiey iMrE%arnijf!Wg?,�estiains ciiiin Ihow inseir6on shiMP1111 I done iin a sequenfi,M fist?I s say aidding maither ditlizipris cairninieints after 013 Example: The calendar for a special meeting shall be as follows: 1.Roll call. 2.Citizens'comments. 3.Consideration of matters In the call for the special meeting. 4.Adjournment. Thankyou, Nova Ms.Nova M.Javier,MMC Kodilialk, Isibind Elorourlh rMflice 0 0ioe Borougiti Cteirk 7 111)to IIIII B,ay IFIiad Kodiak,AlK 91961115 PUBLIC RECORDS LAW DISCLOSURE:This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Assembly Direction Regarding Future Formatting of Repealed S... Page 144 of 197 AGENDA ITEM #13.D.2. To: Ikdd:'r i1..a!riI I16P,'�� ° a ,—, SYbjeeb RE:Format Change h Anneralirg the 146 Cade oaten Tlaaiplay,December 03,2415 10:36..13 AM AttiChmaata: " ='zh; 9Mr. !',i.uauua iVnucrisixisPa.pua91' Novar...., Irh„aimlk y mu.0 for sendlimgw thio rmi,aseriMs error'ireviie rr. Geraeraallly we MU nwse IY,he°`IkepeMied"°Iffalhweholyders dear we rernoveid to lix,everna erna.ummi:ro riinp ,/rOietteiriiinjg on Uhie sslLaaaaqrsernr..arwlbsecitlioin,s, s'alhown iilm the trivi¢,l a anaachiii thus alkaro gnea pas anis ffroirra Iha'wiimg tso update away crass-rel'erernw;es'to the sub soecfiaros Ifroron el;sr'rarlheire lim the code.lrlYuVs aalplpii°oach Is ho wrn oin thie Mylle.sheii'we suinrrnui e d to the borer lYu w1hwrn begiirnniii olg wrerlk cairn the tcorle i(attaaa herd. Yo"rou.ulyd jju.us't gp forward wVslh a.he pirciposerd clha njg pa,the plaacelholrler aalialproaclh for relpreallerd surollbsecdoins is is common rrnetho d used by roi.her chiles, iii iYno wuever, if ilhe Ibormal h dines Nara i mt to update and r rar.uaralhelr,/ireVr:r:ieu°line enrtrre,ser trio n;,the approach slhrx'wwm nirn the secoirid a attaarlhim°ieimr.is r.apilurrropHaa'te.1rlhiis ca in the ol.r o ncelrr'n nawlhern t1he tast su lbseciiion olf slhe section is removed(see'ycnuru"IT,16'"eB""0(k)as,sa n enrarrop i)e)aimuV a Ip1meholyder its cared'wwrarRe d. For yow laa,sff r ui!is'tlio n,if ian insertion is wanted in the rmaidldlle of a sequence„you can elkhwir shrasnr the iinsertion airaad reirnwurnlbeding in slhe refit of slhe ordinance,w say that 11he section ii amen dead to adid the liultserilrroim aarnad swuhse quremk sulbsections au.bra the relettere d/reirnwrrnlhererd.Ln Otis(instance,w"wre would:sewarch the code'irnu°bitatil oiris to any p:mmnWrlio ns that were mleytelread/remikuim beretd'W ernsr.arE° the accuracy of ikhe riross-reffereraces. fafi(Wit rine Ilr,imce,oww if I caara answerer arny rar.heir questions,alk out this. Steven Joines Project Manager Code Publishing Company 9410 Roosevelt Way NE I Seattle,WA 98115 800.551.2833 208.527.8831 � liehdng.ccure co )COO'AUSHIN Assembly Direction Regarding Future Formatting of Repealed S... 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MIIuM UIh No m�IN�M M� allml,mmYrp duce M ��P:14 nMwgvarwm, � VMVp II uwWMVpu rNUMxuua ullulMAmmuumd ro'VMrnwn wnro Mumamw.. % r a 111 tlrou wlf wM: M 111 1uw MM mMunnnluuMmm 'MMi ro wti^m'�VM.w+m dr Pr,uarVUAp,My eVaa rgrtu d:11111,11 II,Ili—i1M mcewrymm ma Mlllducemnm VUVur All'SIRS MUMMORMMW Cf"Rd lwmtrn".mcmmaw,UpOO,em,flikau&MIIMUMA IVgk+ � � .. .....mu... iw,arulllMm anti u6 w ml,m'w Mn o"W mmm uuu n mNmu M w'+m 1?vMmw Coro Nulµ«M'1013 Rehilild.aIMw.mu wHl um IM UM ..,.. .... mwuu „.....!m warerc roM1U mMwplmpr MMuR 1.IIce,u11Mw.;mv11au1arNluhM MOM,mew �ulro 1µw u,rvvMrM�.111fuu nmuw I........ Imo', ► d N AGENDA ITEM #I&A.1. FIRE PROTECTION ARE,A NO.1 BOARD RE,GULAR MFEETING RECEIVED October 13,2015 BAYSIDE FIRE HALL Du Et%Cj 1 2015 1.CALL TO ORDER L�� _� CHAIR NELSON called the special meeting to order at6:05 PM er -I uft yI,-MjGH C CA ar-14CE KO MM NJIMA 2®ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, Scott Arndt and Paul Van yke® Also present were Acting Chief Doug Mather's and Secretary Jenny Clay. Jeff Halcomb was absent. ARNDT moved to excuse Jeff Halcomb. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 3.ACCEPTANCE/APPROVAL OF AGENDA ARNDT moved to accept and approve the agenda with one addition of 9A. Jim Pickett Correspondence. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. ® RECEIPT OF THE FINANCIAL REPORT ARNDT moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF MINUTES-July 27,2015 A moved to approve the regular meeting of July 27,2016. Van Dyke moved to amend the minutes to strike, under roll-call, his title of Borough IT Supervisor.His presence was not as an official but as as citizen. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. 6. CHIEF REPORT Acting Chief Mate rs reported that the fire ban was canceled October 5, 2015 due to sufficient rain. The information was put on the web site, radio and face book. Methers ls®reported tothe board on calls by public.Would be getting quotes for door repairs as they are not in working order. Fire Prolection Area No. I Board Regular Well ng Octo 13.2015 Page I oF4 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 147 of 197 AGENDA ITEM #18.A.1. ® CHAIR REPORT Chair Nelson discussed Fire Prevention Month of October with the board. The Fire vention open house on October t 'h at the City of Kodiak Fire Department was a success with 431 people attending. combined effort of all Fire Departments in Kodiak were continuing ire Prevention Month by reaching out to theschools.They were in the process of fit testing volunteers and USB upgrade to the Posi-Check which checks the Scot Pa. Continue to work on several projects such, training reports,account for 's for the medics and entering the runs into Enfare system. . STAFF REPORT None. 9.VISITOR COMMENTS None. 9A.Jim Pickett r ce Arndt reported to the boardin c® ails from Mr. Pickett and Acting ChiefMathers. Due to e-mails from is ett who indicated that he w "Standing ow from Fire and EMS calls', Chief Mathers asked Pickett to tum in his gear, radio and to turn over the Bayside Web Page. Arndt stated that did not happen and planned on discussing the situation with the Borough anager® Bud Cassidy. t talked with is ett who stated he only reporied to Rebecca elsona He said she mnde arrangements with him regarding Fire Prevention Month. Arndt wanted the Board to support the Chief in his efforts with ickett, Board discussion ensue including comments by Jim Pickett. ARNDT moved to backing the Chief up. Mr. Pickett needs to turn in all his gear which eans turnouts, radio and anything else that belongs to Bayside. He needs to turn the web page over with sole access tot e Chief and if not the Borough needs to get involved.This needs to be done by this riday,October 16,2015. LL,CALL VOTE ON MOTION4-0. 10.DISCUSSION ITEMS A.Volunteer lasst t doPolicy Chair Nelson discussed with the Board the Volunteer Status Policy. She obtained the Standard Operating Guidelines from the State of Alaska Volunteer Association Page. A suggestion was made toad Recruits and Cadets tote list of volunteer types. B.PPE Gear Issuelreturn policy Chair Nelson presented Standard Operating Guidelines for Protective Clothing for Bayside Fire Department inclu in an individual equipment record form to keep track of equipment given to volunteers such as radios.Board discussion ensued. C.Apartment Flooring/Remodel Update Fire Protection Area Nn. t Baard Regular Mcciing Ociober 13.2015 Page 2 or Planning Zoning i ton Minutes of August 19, 2015, S... Page 148 of 197 AGENDA ITEM #18.A.I. Arndt reported the apartment was siripped including kitchen cabinets, trim, floor covering and doors. Electric and plumbing issues were addressed. The squeaky floor was refastened down. They are preparing to tape and paint the walls and ceilings. D.Generator Update Arndt updated the Board on the Generator project, RSA Engineering revised the drawings for the exterior generator. Staff was working with electrical contractor on the cost of installation. Revised generator pad drawings and electrical drawings would be provided to Building Department forte building it. E.Develop By Laws Chair Nelson encouraged the Board to look over the material provided for the next or session. 11.VISITOR COMMENTS Roger Ouellette encouraged the board to make a policy on keeping the apartment in good shape, It seemed a lot oF the damage was from neglect. Mike Dolph was impressed with the energy and diligence of the board. Jim Pickett would like to see the Fire Board step out of the operations of the Department.They are a hazard tote entire operation. Good old boy days are long one, Policies and standards were not being followed. Byron Nixon wondered when the Chief would be start and if at recruitment class was going to be scheduled. Chair Nelson responded Chief Rue would start on December 4"'. There were application for new recruits but Acting Chief Mainers and Chief Rue would schedule that training. Chief Mathers agreed that he has four applications and would like to organize a class Co begin training. 12.BOARD COMMENTS Paul an Dyke ® commented that the Board was making progress and believed the board and station are on the upswing. He watched the hiring process as a visitor and then ran inthe election to be a board member. of through the process gave him time to reflect an what it means to sit on the board and represent the community. He was excited to work on Bylaws and SOG's (Standard Operating Guidelines). He apologized for not engagingsooner to be as Board Member. He was excited to work on the board. Richard Carstens®hoped that the Department was well on its way to getting over our issues of tel several years, He did not want anything to get in the way of Mr. Rue's job that he was brought up here to do.Hopefully the issues would be substantially cleaned-up and Mr.Rue could start volunteer classes and help with everyone moving on as a department. Fire Protection Area No.. I Board Regular Meeting October 138 2015 Page 3 of 4 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 149 of 197 AGENDA ITEM #18.A.1. Scott Amdt—Mr. Rue has signed e up but Ire had questions which were submitted last Monday t the orou s of this Monday he had not received answers from the Boroughabout pay, vacation and retirement.He needs to get answers before we lase him. Rebecca Nelson A She agrees with a lot of the comments and hoped we were on the down swing. We can only go up from ere,She hoped to work tough the problems.There needed to be effort made to move forward.We have our homework as a boardincluding 's(Standard r tin Guidelines and Bylaws. 8 NEXT MEETING SCHEDULE Next Work Session meeting scheduled for Tuesday,November 109 2015 at 6:05 PM. s 6 NT ARNDT moved to adjourn the meeting. VOICEY. The meeting was adjourned at 7:43 PM. SUBMITTED Y, ate: Jqffny Clay,Efoard Secreliffy KIB EngineerinWl7acilities Department APPROVED Date: rr/lei q Chair Rebecca Nelson Fire Proicuion Area Noel Board Regular Mccung Oclobu 13,2015 Page 4 of a Planning I Commission I t 3 of August 19, 2015, S... Page 150 of 197 AGENDA ITEM #1&A.1. FIRE PROTE CTION AREA NOA BOI, REGULAR MEETING RECEIVED November 10,2015 6:05 p.m. BAYSIDE FIRE HALL D IEC 4 2015 1.CALL TO ORDER CHAIR NELSON called the regular meeting to order at 6:05PM L ri EG— masa—oF I ac E �a�rt tri 2.ROLL CALL Board Members resent were Richard Carstens, Chair Rebecca Nelson, Scott Arndt and Paul Van Dyke. Also present were Acting Chief Doug Mnther's and Secretary Jenny Clay. Jeff Halcomb was absent.Scott Arndt left the meeting at 700 PM. 3.ACCEPTANCEIAPPROVAL OF AGENDA ARNDT moved to accept and approve the agenda, VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, 4. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT A moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ® APPROVAL OF NUNUTE S-October 13,2015 ARNDT moved to approve the regular meeting of October 13,2015. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. 6. CHIEF REPORT Acting Chief Mathers reported on the Insurance Services Office Report (ISO Report) is completed the analysis of the structural fire suppression delivery system provided for the community.The resulting classification was 5/5Y is was retrogression from the previous classification of 4/4Y. The was an OSHA inspection due to a complaint on October 26th. Scott Arndt was available to walk through with the inspector. Mashers was addressing the complaint by producing records and material for the inspector. Acting Chief Mallicrs discussed two proposals for the maintenance of the garage doors. Arndt requested a quote for the cost of the springs for the door and a it quote from a local vendor. Mashers informed the board of his upcoming vacation. Bruce McNeil would take over the Fire Department and Chair Nelson would take overt a office portion in his absence. 7. CHAIR REPORT Chair Nelson discussed a possible recruitment class due to new recruits. Will keep the Board updated on the OSHA inspection, 8. ® PORT None. Fire Protection Area ®, I Board Regular Meeting NovembLr 10.2015 Page I of 4 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 151 of 197 AGENDA ITEM #18.A.1. 9.VISITOR COMN[ENTS Judi Kidder owns property at Jackson's Mobile Home Park as well as property on Lake Vie Drive.She received a call from Doug Mathers informing her site did not have a burn permit.She obtained a permit on May I Igo® She offered that the Borough should check their records. Kidder also complained about trailers being burned at Jackson's Mobile Home Park. She had been tel that would not be allowed. There was a tot of black smoke is the building inspectors apparently found nothing n with. Dave Masinter confronted is ser about the burning of trailers in Jackson's obits Home Park. He does not believe it was reasonableto bum trailersirate park. He appreciated the Board taking this seriously. People's lives are gettingis to ° The Native Corporations did not want to disturb the residents was the reason they didn't purchase the park. No one knows how much fuel was in the ground as it used to be a dumpsitc. Water pressure was just a trickle becauset the pressure was turned own due to a le -. Volunteer Byron Nixon spoke t at his paras are torn and safe in a fire,His radio should a on a tone®tat, Jim is ett stntcd that he es sad Judi Kidder and others hadto complain about buming at Jackson's° Heeras looking over his CME classes and was still missing one class he took November I I-December 13, 2014with ob Himes at Bnyside Fire Hall. He did sign the EMT refresher roster at the ti eo 10.DISCUSSION ITEMS Arndt moved to postpone Discussion Items A,B E and F until the next meeting. VOICE VOTE C.Apartment r a el Update Arndt presented two (2) qstates to the Board for consideration for the apartment sari and Davis Bacon wages to install.Arndt updatedthe board on the Remodel of the Apartment. ARNDT moved to purchase floor covering i installation fort e apartment from Great Alaska Flooring Inc. for NTE$5,500. ROLL CALL VOTE ON MOTION4 D.Update Apartment Lease Agreement Duane Dvorak, KodiakIsland BoroughResource Management Officer updated the Board on changes with the new lease agreement fort e apartment Gal.Board discussionensued. 11.VISITOR COMMENTS Fere Protection Area No. F Unard Regular Meeting NuvcmbLr 10,2 15 Page 2 of 4 Planning r Commission r t 19, 2015, S... Page 152 of1 7 AGENDA ITEM #18.A.1. Judi Kidder®Wanted to be clear that out Mothers asking fora bum permit when site had one was wrong and it was no way to do business. There was barely enough water to take a shower because of water pressure. If there was a fire in Jackson's Trailer Park, the would not be enough water pressure to put it out.We deserve adequate fire protection. Jim Pickett ® Requested to know who the contractor of the apartment remodel was. JDA Construction was the lowest bidder. He reiterated that he refused to to in his radio and EMS issued gear as well as control oft a we site® These items will be turned over to the new Chief. The Fire Prevention Bum House was parked at the hospital. He reminded the Board they are not in charge oft a volunteers. ®BOARD COMME NTS Paul Van Dyke ® He was alarmed the board voted Mr. Pickett to to in his gear and gave a deadline.He was also concerned with the lack of action and the fact he was not answering tothe Chair person. This has to stop. He knows things are happening behind the scenes but this was ridiculous. He appreciates Judi pointing out some of the failures of our bum permit system. He would like a discussion an the best way to handle that broken system, Richard Carstens®He is sorry that Mrs. Kidder had this incident happen to her.They will look into a way to fix this even if they have to go back to a manual system. Hopefully we will do better in the future. Rebecca Nelson®There are any issues that the department continue working on- Rather than linger in the past and point blame the Board was trying to be part of the solution®The Board was attempting to not get stuck in the negativity as that will not to the department in the coffecL direction. The Board had been working on the issues but things take time to to around. Doug was handed a huge problem and we are here to support him and make the changes necessary.She apologized for the frustrations. 13.NEXT ME E TING SCHEDULE Next Regular meeting was scheduled for Tuesday,December 1,2015 at 6:05 PM. 14.ADJOURNMIENT NELSON moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:15 P . SUBMITTED BY: Date: /2-11 Jenny lay®Efoar d Secre y Fire Protection Area No. I Boatd Reguiar Mecting November 10,2015 Page 3 d 4 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 153 of 197 AGENDA ITEM #18.Aa 1e KID Engineering/Facilities Department APPROVED BY: (2L,,4aj=j Dalc: Is 115 Chair Rebecca Nelson Fin Protection Arca No. i Board Rcgulw Meeting NoverubLr 10,2015 Page 4 of 4 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 154 of 197 AGENDA ITEM #18.A.I. KODIAK ISLAND PARKS & RECREATION COMMITTEE MINUTES October 27.2015 nnferenca Room CHAIRCALL TO ORDER L i LL called to order the October 27, 2 1 regular tin f the Parks and Recreation Committee 7,16 p.m, ROLL CALL Requested excusal was Sharon Wolkoff. Committee r nt were Patrick Sallonstall. Holm Johnson, Mamle Leist. and Dale Stratton.Excused was Sharon Wolkoff.Ex-ofto member present was Corey Gronn. quorum s established. COMMITTEEI to excuse Sharon Wolkoff. VOICETE ON MOTION CARRIED UNANIMOUSLY Community lob t Department staff present was Jack Maker, Bob Pederson, and Sheila Smith. Others present were Duaneo (Borough u an t r) and PaulVan Dyke(IT). APPROVAL OF AGENDA Director Pederson requested Item New Business Item A be movedre Old Business. COMMITTEEC to approve theagenda as amended. VOICE1ON CARRIED UNANIMOUSLY MINUTES I COMMITTEE H o approve tha June 23, 2015and the July 28, 2015 minutes. VOICErCARRIED AUDIENCE Nona BUSINESSNEW } .I® .A-Range and Monashka Bandit Range Update Director Pederson said he askedDuane o uyou'ven talking about bandit you've had discussion about potentially makingit a park. Someone on the committee e Idea thaty that would be one way to discourage use of the bandit range because there is a statute that discharging fir ulic property is allowed by statute In I unless It°s designated a park or similar land use.We were prettyclear to KISA. according o their websile, beingn 1 afternoon o Is not filling the purposes of that grant to make that facility available to the public for public use. At one time t twanted It open 5 days a week for public use. KISAed to beingopen sMeen hoursk which Is supposed to be put back on their webske. Parks and Recreation Committee Minut s Page Y or S October27,2015 PlanningI Commission I f August 19, 2015, ... Page 155 of 197 AGENDA ITEM #18.A.l. iscussion on bandit ranges, not wanting to restrict shooting, It may be advantageous for the borough to consider making it a park and perhaps you can apply for grant funds to clean It u and do Improvements, safe Issues being nextto cliffs. grant funding, dot for maintaining parks and Including n inFacilities Director in this discussion, the Troopers limited resources.`rhe committee a Identified in u i le) areas where there could at nti l places near cliffs and bridges so it would be are official park. Duane Dvorak saidhasn't researched the idea of using a n tion just for the purposeof displacing the bandit shooting activity. Carey Gronn asked what suggestions the committeehas or what have you been talking about to solve this on a borough level. Dvorak said there's talk that we mayt the Conservation easement for Termination Point an e're not talking about doing anything for that, no Improvements, °re just talking about maintaining a status quo If we get control of that lanad.He'd have to understand hat the need Is and suggested If there Is a perceived need for a park that perhaps there's need for some process to bring the pubic into the discussion similar to what you E for the regulation of Island Lake,the rules of the lake,so theres a need that people wouldappreciate facility there for the sake of the facility e n of just because there's n abandoned shooting range.Were just talking about no improvements an ain inE the status quo If we get control of that land. Dvorak hasn't read their materials yet to understand what the need. conn isn't gathering that this committee Is saying av to designate It as a park, that Is solution so he asked on the borough level it sounds like It's a life safety situation o I shooting n there are boatsout there so on the borough level has it been iscus at alternatives are there,this Is an alternative to designate It as a park. Pederson stated there s not been any formal discussion. If it goes somewhere h n your direct reports to the Assembly now through P&Z who would also have le in it and the Comp ian designation and other aspects to it should the boroughbe talking about creating a new park at this time. Dvorak stated that the BoroughResource Manager is generally in charge of Title 18 of the Borough code andthe section on trespass is where at least 1 option that he couldthink o is typicatly Boroughlands are managedand are opened unless closed.There's c i that you n'#do;you n't mine gravel, can't cut your own timber and extract,but you can hike.pick berries, camp, picnic, and other things but the things you can't do are spelled t.Then it says "Posting, the manager or designee Is authorized to causee posting of signs on or around borough property, buildings, or other areas advisingthat such prop", building. or area Is restricted as to public use or access."We could put signs up, and we've parts ns up In the past, That area is zoned Natural Use and at one time we put up plasticns. If we prohibitshooting there people could still picnic and thatdoesn't require any special designation but can we enforce It though. Pederson to there have beens In the e p r® and Mark's and cy's posted notices d handed out our brochuresto educate people. Dvorak said It would be beneficial if the committee Identified as and do this in a process where you bring this up to the Assembly for their forrnala ion as a resolution or an ordinance lie with the Island Lakeactivities so it brings it before thepublic's awareness and so when we 0 post signs It's not a surprise to people. Jack Maker stated this has went through the committee fo and it was frowned upon with regards to prohibiting shooting because re Alaska so we posted shooting a Is unsafe signs and what Alaska Statute you would be violating if you are shootingin an unsafe manner, but a resolution to the Assembly could helppublic education. If the borough were to prohibit Parks and Recreation Committee Minutes Page 2 of 5 October 27,2015 Planning and Zoning ission Minutes of August , 2015, ..° Page 156 of 197 AGENDA ITEM #18.A.1. shooting In any area the"Troopers arerVt going to enforce it, it is solely up to the Borough and Code Enforcement Officer to enforce. Motion Amended at the November 12,2015 RM COMMITTEE EER LEIST MOVED to make a resolution for the Assembly to consider cleaning up the bandit range at Monashka Ray and to potentially put up signage and ars educational brochure about safe shooting and optional preferred shooting locations, VOICE OTE ON MOTiON CARRIED UNANIMOUSLY Director Pederson stated that the department is down 2 people and Maker Is overloaded so you will have to prat this resolution to paper as a committee, someone draft it with all the whereas clauses and then you can come back to look at It and bless it so you can see the actual wording so we can Forward it on to the Assembly. Dvorak said he will come rap with some sign language and rough out a brochure to bring back to the committee for input.Smith will email Dvorak the safe shooting brochure. In response to Corey Groan's inquiry with the resc4ullon would you do a memo to attach to the resolution, Pederson slated we would just say please find the attached resolution adopted by the Parks and Rao Committee to transmit to the Assembly. Director Pederson slated he wanted to tell the committee about 7-C&M ) Killarney Hills,Tract R-2 Update Pederson said there's no proposal on the table. Planning and Zoning Commission did adapt a motion around May. They were discussing the disposal of the 6 lots that they approved on Woody Way Loop and they made a motion by the members to embark an a master planning process for that site and the packet of materials you've seen Is the Id assemblage of the background informational materials to P Z. It was within a day or day of Jackson's closing so we said time out. We need to deal with these other Issues by a motion they made regarding pdoritles. It's on hold for P Z to take up again when they get done with the Jackson's issues.At some point there needs to be a jointCity/Borough inviting Parks and Rec,the Lands Committee, and the Planning and Zoning Commission to talk about the issue in a larger forum.We received the Wetlands Delineation today,There's about 2.7 acres of wetlands on the total acreage there, We have a fresh reap and part of the agreement was that it's available to submit to the Array Corp of Engineers when the timing is appropriate. D) Saftery Cove&portage Bay`frail Improvements update Director Pederson stated that contract was let with Island Trails Network and the first phase of work. the assessment and developing the prescriptions for the trail Improvements were done this year. Some preliminary work was done on some of the key safely issues that Improved the trail. It's Coastal Impact Assessment money so it has to be related to water quality. it's not just about the Mi.The bulk of the work will happen next year on the Saftery side. OLD BUSINESS A) Trail Management Objectives Duane Dvorak stated he's dealing with ITN on trail signage. They got a grant and we're providing some materials as part of an In kind contribution from the borough, He looped at the T O's a 're going to get new trallhead signs for Russian Ridge and Jack & Lee Lakes. They have material for way finding in the Interior of these trail systems but there trails have no names yet. He feels the committee should name the trails.Some of those way finding signs will at least point the way back to the parking lot. Dvorakcan't give names unless they are written down and adopted. Director Pederson and Duane Dvorak left the meeting at 8.135 p.m. Parks and Recreation Committee Minutes Page 3 of 5 October 27,2025 Planning and Zoning Commission Minutes of August 19, 2015, S... page 157 of 197 AGENDA ITEM #18.A.1. Paul Van Dyke stated we finished the comments for all of them but theyhaven't n brought back for approval yet° He needs to knowher r r segmentsyou'd like o focus on. Your Master Trails Plan was the document that put Termination Point as a acquisition t .Your 's serve that purposeon a broader basis. CHAIR TAL stated when we didJack & Lee Lakes area, once we had the summit and presented e T ®stat Is when we got a lot more Information. II approve the T 's,then have our summit and present our T 's to got final feedback andthen we put out a one paragraph statement e o on the area. We woulda ick one of those areas and if there's a goodn for putting in for grants like Beaver Lake railo We used the Trails Plan Itself to guide us in the beginning,we pickedareas that were of highest interest.We also picked areas that were low hangingit that mostlybelonged to the borough. rahead and do TMO's for areas that are not completely under our control? Discussion of trails,conditions,and the approachto then `se Maker slated regarding Termination Point, Parks and Rec, the new Lands Use Committee. Planning and Zoning. everyone will have a role In the process once that easement Is in place. During discussion CHAIR SALTONSTALL suggested oI Olds River to Summit Lake to Lake is to S21teryand then back to the road. the whole loop Including as s k. There as committee consensus. In the Trails Plan #1 for hiking s Termination i t and #1 for motorized as Battery Cove.They will need to come up Withfor the trailsalso. BUSINESSNEW } Termination PointLong Island Maker said the resolution was approved andedon't know whereit's at and where `re going to go with It at this point He assured the committee ul have role in it. Island r it Improvements Update Smith said nothing s been started yet.she just received h a couple of days ago. COMMUNICATIONS August 19,2015 Planning andZoning Commission Public Hearing Items September 16,2015 Planning and Zoninga r i u lic Hearing Items } October 21,2015 Planningn onin Commission l° Hearings Maker gave an updateon the commission public hearing Items. COMMITTEEJOHNSON MOVED to accept Communications. VOICE VOTE ON MOTION rUNANIMOUSLY REPORTS Meeting c ule: November 15 Parks&Recreation Committee a tin ®7a00 p.m.-City Conference Room(former School District Conference COMMITTEEL I `f MOVED to accept Reports. VOICE tON CARRIED UNANIMOUSLY AUDIENCE None Parks andRecreation Committee Minutes Page 4 of 5 October 27,2015 PlanningiCommission i f August 19, 2015, COMMITTEEMEMBER'S Mamie It is hoping the keep workingon TMO's and keep these other things on our docket but start that long overdue ln. How do we balance out how muchtime a spend o TMO's andtime we spend on tans? Patrick a n t ll said I old be contracted out to work withs on It. Corey Gronn agreed withI t about the long overdue r ish should be a jointventure between the boroughand the city to undertake a Master Plan for Parks and Recreationbecause of the relationship we have th each other. We do havejoint use agreement that's being funneled up,getting all the appropriate signatures that he submitted,and that Includes Killarney Hills but maybe It needs to Include aster planning, some clause r r 10 years the city looks at master planning jointly.The cityhas the active management borough has the passive management.The city Is n rt tng with a Conditional Use Permit, land use plan for Near Island a lit to L so if you have Input they will be havingthea types of meetings coming up In the near future. COMMITTEEADJOURNMENT t T MOVED to adjourn. VOICErE ON MOTION CARRIEDUNANIMOUSLY CHAIRL7 T adjourned the meeting at 8:51 p.m. I 10 COMMI atrl altonst I, Y. Sheila SmWi,Secrelary Community Development Department APPROVED. v r 12,2015 Parks and Recreation CommitteeMinutes Pae 5 or 5 October 27,2015 AGENDA ITEM MA.1. RECEIVED 1 2015 Kodiak Island Borough Planning & Zoning CommissW BOROUGH CLh1,1WS orrici Minutes KUINAK�ALASKA El I August 19.2015 F;,%n n rn. in 11 A ambers CALL TO ORDER CHAIR A coiled to order the August 19, 2016 regular meeting of the Planning and Zoning Commission at 6:38 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested to be excused were Jay Baldwin and Kathy Drabek. Commissioners present were Alan Schmitt, Made Painter, Scott Arndt, Greg Spalinger, and Kyle Crow.Excused were Jay Baldwin and Kathy Drabok. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin and Kathy Drabek. VOICE VOTE ON U077ON CARRIED UNANIMOUSLY Community Development Department staff present was Director Bob Pederson, Jack Maker, and Jenny Clay(for Shelia Smith). APPROVAL OF AGENDA CHAIR ARNDT stated he wanted to note under Old Business 8 Itspeaks of the first line being Recreational Vehicle Park Code Discussion and Related Information,thars deleted.this was just a carryover from last week's work session. It will just be A-Tract 2 Killarney Hills, 13-Recreational Vehicle Code Discussion COMMISSIONER SCTT MOVED to approve the August 19, 2015 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER Moved to approve the July 8 and July 15, 2015 Planning & Zoning Commission minutes. COMMISSIONER SCHMITT stated he feels the ayes come first in the vote and then the nays. For the future he is the ayes should be listed first and 9 they are fewer than the nays then the motion falls. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to Three Minutes Per Speaker. Read phone number Local number 486-3231 Toll Free number 855-49269202. PUBLIC HEARINGS Local number 486-3231.Toll Free phone number.855-492-9202 Limited to 3 minutes per speaker. 8/19/2015 Planning and Zoning Regular Meeting Minutes Page I of 16 Planning and Zoning Commission Minutes of August 19, 2015, S... Page 160 of 197 AGENDA ITEM #18.A.1. Case s Conditional s it to expandRasmussen's Mobile Park to 74 spaces ev l additional spaces on adjacentt , Jacobsonivis o additional spaces on adjacentTract U, U.S. 1 (KIBC 17.2GO and 17.115.020). The applicantIs ill Bay Enterprisesand the Rasmussen Living Trust and the agent Is Kirk Rasmussen.The location is 3328 and 3100 MaInItseLane and the zoning Is B-Business. Jack Maker reported this Conditional Use Permit is for expansion of Rasmussen's Mobile Home Park from 4to 74 spaces. n additional spaces ro adjacent lot and twenty- two additional spaces are proposed another.The existingi is zoneB-Business and conforms to current Mobilee. The expansion parcels are also zoned 13- Business. KIBC 17.11 .030 lists mobile homes as a conditional use In usiness zoning. Sixty-six public hearing notices were mailed on July , 2015. Seven public hearing 'c s were returned. Staff recommends this request be granted, subject o the conditions of approval lista in the written staff report. COMMISSIONER I to grant a Conditional Use Permit, per KIBC 17.200 and 17.115.020, to expand Rasmussen'soil a Park from 45 spaces to 74 spaces by developing 7 additional spaces on adjacent Lot 1, Jacobsen u ! ision and 22 additional spaces on adjacent Tract U, U.S. Survey 3218. subject to five ( ) conditions of approval and to adopt findings of fact listed In e staff report enteredinto the record f r this case as'Findings of Fact®for Case No. . Close regular meeting&open public hearing: Judi Kidder stated she supports this going through. It's one of the critical s that residents o Jackson's a I to move to and wdreof os spaces or so this is just another part of the puzzleurge you to strongly support this. COMMISSIONER t asked Miss Kidder that at one of our recent meetings you made reference to working to form owners association and he encouraged her efforts In at regard but there were a couple of comments from neighbors In the packettalking about bad behavior of some people whether they own the ie home,were tenants,or merely guests,if there Is indeed an association you're working h do you see it might be ableI r ss Issues or be a conduit for information.When we get a lot of people living in a fairly space there's going to be things that happen and the idea Is o have some type of extra resourcefor neighbors to utilize to explore to resolve things inaneighborly fashion. Judi Kidder said it's quite simple. there have been 41 criminal evictions processed In so 's and we havet security which It one of the safest neighborhoods in Kodiak.TherWs a crime wave goingv le, What it came down to Is management enforcing h rules. She doesn't see a problemt Rasmussen's becau they enforce their rules and as long s management enforces their rules there Is no problem. Shawn Holland statedlives c t up the hill from the ostrailer space expansion. i in concern is the r c it will bring.Right now his children have to dodge cars an Island Lake Road, there areno sidewalks or lights. If you open up MeInKsa as a through street, that's not just going to be the 22 now residents, it will be all of Rasmussen's Trailer Court and all the other people cutting r u . If this goes through It needs to really be looked at as something that happened at Woody Way Loop where there was a barricadeof dirt that didn't allow vehicle traffic but does allowfoot and bicycle traffic because the amount of traffic that will Increase that as in ere was 162 vehicles er day. 's just for the expansion nott kin Into consideration of the rest of the park that Will use that road to got to Wal-Mart or Safeway. Director Pederson stated s shown on the site plan it woulde a drive aislet ou , not public roadway so it's not going to be the same as a road and if anyonetried to short cut through 8/19/2015 Planning and Zoning Regular Meeting MinutesPage 2 of 1 Planning ICommission I i s of August 19, 2015, ... Page 161 of 197 AGENDA ITEM #18.A.1. Rasmussen's knows that they have some very iv speed bumps that discourages uses as shortcut, Shawn ollan stated he's has friends who live there andhe sees how theydrive over the speed bumps. COMMISSIONER Iasked if Hollanda the posted speed limit Is on Vlewcrest. Holland said a would hopeWs below20 mph but he 't think there are any signs In the area, CHAIR T stated state tan r ices not posted is 25 mphn ost people go slower but the ons we find on the residential rands within Servtoe District7 Is the residents abusing speed limit the most. Shawn Holland stated oulside city limits would have to be enforced y the Troopers n s it Is now everyone d s Island Lake goes faster than 25 mph. Barbara Ob an feels the expansion of Rasmussen's is wonderful. She understands the concem of is but it would be the same houses going in as opposed to mobile homes. In fact,It could more; a biggerlac ns the or company canvisit-With mobile homes going into those slots as opposed to other businesses that would be evenIncreased traffic a let ore people coming in and out.The mobilein of put a border between residential a business areas and she thinks It's a much better solution to allow mobileto move into those places. Brandy Read (caller) stated erprop" is right up against Rasmussen's and she's certainly opposed to any more trailersIn this area. We havelot of unsavory things a ei in our community. She's frightened for our communfty with (inaudible) and she feels adding trailersr moving e from Jackson's to Rasmussen's is (inaudible) or just bringing more (in u i le) destructionto our community t an even the lower income market. She also shares r. Holland's concerns about c and she believes that withs walking to and from school are not safe with no lights and crosswalks. 's scared for the area to be opened up andputting our kids and communityat risk. Tim Shapland stated hWs currently a resident at Jacksons.He has no Intention of moving Into this expansion,he has somewhere else he Is securing.It's Interesting that with no meetings or anything and a couple hundred dollarspermit could be Issued to kick families out but we haveo all these u lic hearings for the other part to accept some of these i1 nd help some of the homeless people. It's also Interesting In reading the r for the Iasiu f months how then hasn't been any major drug bustsinJackson's but there seems to be a bunch all over town. The people that are opposed a unsavory element that seem to haveproblem in forcing these people aside 't seem to realize rmuch 211 the drugees are already gone, all is left are or®working, and about to be homeless that are just trying to makes meet. He understands the traffic concerns, he had lite kkJs himself. That Is moreof an issue of someone needs to be planning some sidewalks and speed bumps. Maybe the Troopers should be doingtheir work enforcing speed limits. It doesn't mean that If you let a few peoplemove in that you're going to have more traffic problems, He supports allowing i to expand the land s that Is zoned right to do this. It's another piece of the puzzleaswe've discussed since this whole issue first came up in May. It doesn't r le s but It is a pieceof solving the problem for some people. ancommission for all their hard work- Ted Storch stated she's thankful the situation Is improving where the displaced people In Jackson's can havea place to go. It's a basichuman right, the Bill of Rights of , liberty, and pursuit o happiness. She feels forte people who can't sleep at night becausethey don'tknow hat the future holds and shWd like see them all have the right to remain homeowners because a lot of s have tried renting and it's quite difficult. You feel more secure when you have your own place. She is In favor of the mobile homes going into Rasmussen's. Close ublic hearing en regular tf 8/19/2015 la i and Zoning Regular Meeting Minutes Page 3 of 16 Planning I Commission Minutes , ... Page 162 of1 AGENDA ITEM #18.A.l. Discussion of providingn r land uses so people can have placeso live for low moderate income ili , requirements to facilitatethis need for displaced mobile home owner's, not everyone it y® the Impact, Ideally It u@ be better If there er more property available In s suitable location but this is the best solution to accomplish for right now. one of the comments In e packet thatlives r the property that saki that wevemeetings already about this issue and our mind Is e up and th is not the case.we'vebeen working an Mobile Home Park Code Revisions and Mr. Rasmussen has attendedthose meetings. for the 7 space lot he showed us sketch oil In in the context of pathways which is an issue in the Mobile Home Park Code. It helpedto have that kind of Input.We havehad i s on the Mobilee Park ode and we had a work session last week on this particular case. The propertyIs zoned Business and there are a wide variety of uses permitted In that zoning t could n Tract U whichoul change things for the people that live in the neighborhood.The current says that mobile o s are a conditional use which means a public hearing is required. r. Rasmussen has the right to make use of his land and If enough conditions can be put on the use f that land that satisfies the majorityof the commission then he can go ahead and do iL If approved It provides alternative ways for emergencyresponders to got In to the area. COMMISSIONER 1 TER MOVED TO AMEND Conditions of Approval#2 to delete"designed y a State licensed ineer"and insert'sui the owner". CONDITIONS . The 10 foot utility easement that runs along the north lot line of Tract U of U.S. Survey321S ( lac shall be depicted on the mobile home park site la . 2. Drainage, solid wasteis s 1, and lighting lans shall be submitted y the owner,The plans must be approvede Engineering and Facilities Department.The approvedI shall be provided o the Community DevelopmentDepartment or to Issuance f zoning compliance. 3. Sewer. water, and fire hydrant Installation plans shall be designed by a State licensed engineer. a plans must be approved by the Engineeringcili° s Department, C4 o Kodiak u lic Works Department, Fire Marshall, and the Alaska Department of Environmental Conservation. The approved plans shall be providedto the Community Development Department prior to issuance zoning compliance. 4. Roadway s con plans shall be designed by a State licensed in r. The plans must meet the minimumrequirements for the design and construction of local roads within subdivision as providedin KIBCTitle 16 and be approvedy the Engineeringn acilit` s Department The approvedplans shall be providedto the Community Development Depaftent prior to Issuance of zoning compliance. 5. Prior to Issuance of zoning for placement of a mobile home on Lot 1, Jacobsen Subdivision, a stop sign shall be postedthe one-way ri is!e exi oto Meinitsa FINDINGS 17.200.060) 1. This Conditional Use Permitwill to residential use that is consistent with the value. spirit, character, n integrity of the surrounding are , which exhibits a mix of residential and business uses. 2. The conditions of approval ill ensure this mobile home park expansion satisfies all requirements of KIBC Chapters17.115 MobileHome Parks and 17.190 B-Business District. 3. This Conditional Use Permit will allow expansionof a mobile homethat has operatedfor more than 30 years with no noted negative Impacts to thepublic health,safety, nv I c ,or comfort. 4. The conditions of approval will ensure that this mobile homex an ion satisfies the mobile ome park development standards of KIBC Chapter 17.115 MobileHome Parks.Those standards ensure sufficient aks,lot area,buffers,and other safeguards a re e . 5. This conditional use permit is not for a public use or structure. 8119/201S Planning and Zoning Regular Meeting Minutes Page 4 of 16 PlanningiCommission i f August , 2015, S... Page 163 of 197 AGENDA ITEM #18.A.1. ROLL LL VOTE ON MOVON1 1. The ayes were COMMISSIONERS PAWTER,ARNDT,SPAUNGER,and . The nee was COMMISSIONERl Brief discussion of requirements. ROLL CALL VOTE ON M077ON AS AMENDED CARRIED1 L . Case 1. Request a Conditional Usei st non-recreational mineral extraction vitt i extraction) l t to the existing Island ite (KIBC 17.200 and 17.60.040.F). These activities part of an offort by the City f Kodiak to create a ev t area for the shipyard, largeaat lift, and other harbor support facilities. applicant Is I f Kodiak. location is at south end of Near Island alongRoad the zoningIs C- Conservation. Maker reported this Conditional Use Permit is for gravel extraction on a* 9.2 acresite zoned ons tion, The site is adjacent to the City of Kodiak large boat lift, ship yard, and gravel quarry site zoned I-Industrial. Gravel extraction from those after. began in 2001. Extraction Is complete around h t boat Ift and shipyard facilities. Extraction continues at the quarry site and has expanded into the adjacent d n lio zoned land.Althoughravel extraction curt in that the Conditional Use Permit required to conduct those activities was never applied for. This request Is an effort by the City to bring the gravel extraction activities Into compliance with Borough code. Eight public hearing notices were mailedon July 7, 2015. No public hearing notices were returned. t recommends approval subject to the 4 conditions of approval fisted in the written staffreport. COMMISSIONER I to grant a Conditional Use Permit, per KIBC17.2110 and 17.50.040.F.to conduct ®r c i n I mineral extraction activities (gravelextraction)on at 9.2 ac once tion zoned within U.S.Survey 2261, subject to fur(4)conditions of approval and to adopt the findings of fact listed In the staff reportentered Into the record for this case as "Findings of Fact'for Case No. 16-001. Close regular meeting&open public hearing, Case 1 t. Margaret Roberts (caller) stated shes calling for Case 15-025. lives on Vlewcrest Lane and she tins the Rasmussen extensionwill go down belowadjacent t Melnftsa, Right now for disposal #garbage we currently go to Island Lake from up there and she hopes that if the trailer park is going to be extendedt there ill be sufficient dumpstersa available for those le because the dumpstersot completely full at Island Lake. If Mernitsa Is going to be extendedthen we're to have a lot more traffic and Service1 may need more services h road throughhere. She hopes the r t n s and codes that the borough puts In this will prohibit the trailer park from becoming s It was In Jackson's Trailer Park. Nick Szabo stated he's a chairman of the PortIn Harbor Advisory Boards a meeting yesterday when we voted to support application the city forte conditional use permit.We had addressedis issue in 2009 and at the time we were just looking at a piece of paper and were trying to get the shipyard las developed.The shipyard s been a workIn progress, now breaking even on the cashfrom the i arbut we need to expand it toad more services to the shipyard such s a coveredbuilding so boat owners can work an their vessels year round. i all the quarrying has occurred a and others are users of the trails behind the rock quarry work and we haven'trill ith what has happened to the trails but we feel t °a need to develop the shipyard and we understandthe conditions require the contractorsto clean u the area. grade out a new trail along the perimeter along wherethe quarry workis going, and t reseed and replant the area. WVre hopingIn couple of years that it will be less unsightly an everyone will benefit from the o In progress.The former City Manager overlooked the fact that is was zoned Industrial and this Is zoned o rvati , she overlooked thatthere needed o be /19/2015 Planning and Zoning a ular Meeting Minutesa 5 of 16 Planning i Commission i s of August 19, 2015, S... Page 164 of 197 AGENDA ITEM #18-A.1. another zoning complianceis Is to get everyone back Into li nce and then the ultimate al Is to rezone a area to Industrial. Glen Melvinla representing the Cityof Kodiak. Hes here withLon White. Harbormaster, to answer questions you may have.The manager wasn't able to make it tonight but vWre here in support of the request. COMMISSIONERs n this pmlect was initiated. Pederson stated s on the Near Island TaskI 's and theres discussion about Industdal uses along harbor. Mr. Melvin said in looking at the records he sees It back to 2001and beyond that as far as developingthe quarry. initial z in s were prettyvague n looked likee done with a is marker an the map.It was Intended as the areas were expanded that that would betterbe to find as properfies were sold. In 2002 the city did come back to the PU to have the boundaries fined.We are trying to correct going over the boundaries. Jack Mannstated finds In eli l that we can spend millions of dollars to attract toudsts, building I s, benches,and then put a gravel plt almost dght In the middleof It.You can have people likea I come In say that they want more and more. They'll always askfor more. You haver a line some place. Not only is this pit an aye sore but he understands It's out of complianceurged the commissionto force the cityo either come Into compliance to bring this issue for public discussion. Don't just decide It yourselves, The only t makes out in this whole deal Is c n and he doesn'tif they deserve this sweetheart deal. They've got a request for a permit; it`s either a scam or a sharn. He can't believe n o ter Kodiak down andIt r i. Jill Witlenbrader said r weren't y packets for this case outside oor and she wanted know t the 4 conditions attached. Mr. Szabo representedone of them was trails. She just wants to make sure that's accurate. Director Pederson statedconditions of approval contained in the staff an page 4 of 144 In the wholec r read h conditions into the record. Jill Wittenbrader stated the premise that s like to set forth Is that this is not a conditional u the city. if they want to use this land for gravel extraction andthen subsequently harbor should n ht's what they should forced to do tonightthe commission denying `r request for a conditional use us is actually hat they wank, they want o use this for Industrial land, and they've been using it for IndusWal land forte last 5 yearsin violation f borough code. Ir to grant a conditional use permit the conditional use must preservee value,spirit, character,and integrity f the surrounding area and must not be harmful to e public health, safety, convenience, and comfort. hat`s Kodiak IslandBorough 17.200.050. This gravel ph does not preserve the value, spirit, a er, and Integrity f the surrounding land. Much of Me surrounding land was forested Cons do land and in fact the Near Island sive Development Plan that was set forth in 1987 actuallyi so far as to map the eagle sting and eagle perchings in this area and all of that areas been completely destro o these gravel activities. The trails in the areav n destroyed thereand ve been trails and land that trails were on thaVs been completely wiped o ,in addition to the trail's Interference an es ction that Mr. Szabo discussed. The gravel pit is loud and Interferes 't e natural s ou i a; the south and area has been used t' ns of Kodiak and visitors alikefor decades as a quiet place in nature that's dose to town. She walks there often and it's not uncommon r to encounter people visitingsystem r cruise ships s a place close o ton and easy for themto access and feels like I s to There's a danger to public health and safety,putting up a fence after the fact Is not ensuring public healthn safety. re are cliffs,blasting, no signs posted 's a real danger.The city the borough areboth at real liability b y are allowingIs activity to go on. If someone hurt out there Ifs going to be a real shame. 'n fence r the fact Is not watching out for 8/19/2015 lanni and Zoninga ul r Meeting MinutesPae 6 of 16 Planning and Zoning Isl Is of August 19, 2015, S... Page 165 of 197 AGENDA ITEM MA.I. public safety.Therer large drop-offs that create a real danger to public health and safety. Itis permit is granted she wouldlike to see a condition t the trails that have been destroyed and interfered with that they are restsred. Sh&d Ike o see this additional condition set forth If granted tonight. Paul Zimmer stated is home Is on Allmaq Driveis Is the closest private propertyto the gravel it® He askedthe issio to deny this request for 2 reasons: he can appreciatet for land acrosso ar r but theWs already quitea bitthat's already an zoned andinn ere, another use for Near Island is for recreation which himselfn any other people use It for hiking. There's one rea when you walk to the south point where thatisland is quite narrow, about 900 t wide,and now theres n area 1haVs constricted o feet and as you walk through it the gravel pit on the right side therWs more than just the gravel pit but all the trees blown down. You now how when someone cuts down thetrees on their lot the wind gets In r ore trees blows down, and moretrees blows down. As you walk down to the south srt of the Island there's a large area where all the trees haveblown down and there's quite a bit of noise fromthe vel extraction. It really Impacts the nature of the area for recreation. Themason is in opposition to the CUP is because he has the lot at 289 Alimaqn re's certain thinshe's allowed to do withthat lot and If he were to just start doing activity th is not allowed y zoning and n 5 years later come to askfor forgiveness I doubt that you would say go ahead and o It, we'll just rezone it later. It sets a badprecedent. n stonish t the city would o for 5 yearsof ivi in an area that requires a conditional use permit and not have that it, Lon White, ast r and Manager of City of Kodiak'sHarbor Support andShipyard liti , stated his support of the shipyard and economic development it brings,and as a citizen and part of this community the Importance of good public use of the area and trail&The shipyard concept s first thought of over 30 years ago,We have one of the largest fishing fleetsin theit s and up to 5 years o we had no facilities for repairing r servicing boats. We looked ata t o locations over the years and until the Corpf Engineers put the breakwater in for St. Herman Harbor there was no flat land n In the city to support y veelo n. The current location recognized bac ere Near Island to nt plan was first conceived and still Is the optimum location for that If you take a look at all the other possibilities In our area. It's moving well, the shipyard currently sout 60 to 55 boats per year. mostly local Heat. It creates lot of money, anywhere from 5 to 10 milliondollars are generated directly ro the shipyard through jobs. services, materials, and supplies, ot to mention the jos created and the other support services and vendors that benefit. He doesn'tthank the economic value is too le', it's a goodthing for our community. It's one of the biggest projects t have actually pure economic a lop nl that w&veinvested in. Fishing stili is and vAl be for a long time. The expansion f the quarryr original quarry site as conceived from h o an the Near Island Development I n.The expansions o give an adequate footprint for shipyard is that we believe need to be happeningto make that shipyard economically viable. As Port Harbor Chairman Szabowe're breaking even just now after 5 years.The footprint of the expanded quarry s also (inaudible). The borough put together a good packet and is comprehensive an it addressed a lot of things very welL In there Is a conceptual drawing of Ihe completed shipyard °t the expanded quarry u can see conceptually some of the things that we foresee oin there.When it was brought to our attenCion just a couple of months ago that the zoning issue d not been addressed and it was an oversight in the transitionf our management int the city.The 2 key players retired andit was ov e've moved to address It and the CUP Is the best option. supports expansion of the quarry site and lt's consistent con is Plan for Near Island. The CityCouncil Is currently orkin to authorize a contract to hire a consultant to dust off that old planand talk about future r Island Use andDevelopment that willInclude public comment. He looks forward to help craft and work on ali blip access to the area an developing waterfront area adjacent to the harbor. He supports i walkways along harbor, public benches,andthings that support the use of the waterfront.The Southn is 8/19/2015 Planningand ZoningRegular Meeting Minutes Page 7 of 1 Planning I Commission I f std ... Page 166 of"{ AGENDA ITEM #18.A.1. --------------- pristine areashould sty that . The land in between the road of o the airplane floats and e land adjacentto the quarryis one of the City of Kodiak's only parcels of land thatthey own that has any potential for use so the public Input an how that will be used will be criticaI. In response to COMMISSIONER PAINTER'SInquiry r what the anticipated coss associated with this expansion development plan, White stated the quarrying costscity nothing, the quarry operators ar ak rock out at their expense and payingi f Kodiak a small royalty per to or yard. Ultimatelyutilities need to be put in and other upgrades to service that lower area. A big building i boat In coin million. The discussionnow and goalsIstat you get private enterprise to Invest n I Infrastructure to support shipyard ies that would allow extending oat, widening a boat, and doingor nsiv projects to keep this shipyard economically viable for the community. Richard If stall stated he wanted to appeal to the commission to not establish a precedent here, and reiterated what Zimmer said. if anyone else would have done this the boroughwould have hung . It's true that it's a goodthing to expand the harbor, everyone has brought up good pointsfor permitting thisP and havingan expansion of the harbor but the fact is for whatever reason the City of Kodak didn't of its 's and cross its ' , and he thinks giving them conditional use it isngreat, no u c haveyour vel it but t ons !I I that, as bunch f lots that h could t all the trees down and level it tomorrow and then could he come crawling c o the borough to get permission to have done that?I doubtIt;there would be reparations so a here along the line. He urged the commission to think about that and t let this slide withoutsome quido pro. We don't need to hangi of Kodiak they commiRted a crime just like any would elsehave If they committed in violation. Please consider that. Sharon Blakeslee stated she's u employee and she's not against a beautiful harbor. She apologized for missing the worki cause she believes that she may have learnedsome things the , she's certainly learned some things listening to everyone heretonight but w&re o correct an oversight.Let's be clear.the City of Kodiak Is asking for permission alter the fact.She believes staff i n honorable job in presenting this material and their recommendation is to grant this CUP but what else could they recommend?Co ur °u v to nt Department staff Is not responsible far polling the public, rarely o they ask for strong conditions.You. as the commission, have that role. She supports Increasing the conditions if you choose is approve the CUP. Much as been discussed tonight about the Near Island pr h n ° e t Plan1 7 and howthere was foresight about what we see at the harbor but ° you look at the zoninghistory you have In this packet Et shows that In 1988 just after that plan was created they rezoned it to Conservation. e thirty years ago theyhad a visionfortis being, as Jack Mann said, kind of jewel and part of our Island. In 2001 the city was still considering at Comp Plant In 2009 they didn't even remember they had it,who knows,but these local companies k sh 's hearing tonight at there really was a need for the boat yard sion but certainly one reason for those contracts s revenue and to accommodatet contractors o needed more gravelfrom that pit. As a regulating board you do not need to accommodate e city their gravel expansion or for their contracts. You have rent role. Somewhere In the packetthere as a comment about something tha out happen when the final plats were filedand she asked If final plis were ever led? hat's just something to look at. In this packet they talk a let about the Conservation zoned land a 'n vacant use ut the vacant use does not mean not used, ans there are no Improvements or buildings. That Conservation land Is being used. The way she understands it i e 's survey from is summer was used to define the 9.2 acreexpansion in this CUP, If as they say the survey Is the extent of the current quarry then why are they still blasting? It is her belief that the 92 acreborder presented to you in the Conditional Use Permit is to accommodate the existing v ontr s, so theybasically ski for what is there best solution to the problem n that may not be what you as the best solution. Another question Is the over burden at ay've piled at the top, is that piled on the Conservation side or is it on the Indusidal side? You have the power to check and changethose boundaries. Blakeslee agrees with 13/19/2015 Planning and Zoning Regular Meeting Minutes Page 8 of 1 Planning i Commission i t s of August19, 2015, ,,. Page 167 AGENDA ITEM #18.A.l. Witteribrader talking about the ! character, and Integrity of the surrounding reas, shedoesn't believe is CUP that you can maintainthe property in a character with keeping it e surrounding area. She appreciated heart r. Mann's perspective. The ex1raction pit really doesn'thonor us as a community and if you go forward with this CUP she asked that u Include more conditionslike Including the trails or some sort of repairs for the trails. Conservation is not Industrial, We a bigchange. h ul current work for those city contracts be put on hold until you can really assess those o he thinks the city of Kodiakhaving an oversight has harmedr trust In eir process so she wouldlike the iss{ o be reluctant to entertain any more conditional use permits on this land. h 's Interested in the concept that this should not be conditional use permituta possible rezone of the area but she believes you should look at the borders because they were handed to you and she's not sure a know much u o borders. Tim c a lan stated he's net opposed o economic development Its the harbor and understands nd and help out the harbor project for the boalyardbut at the some time you cannot pass thistonight because If you do you sending clear message that the les on matter if we feel like it. Obviously the rules were broken through an oversight. someone didn't do their due diligence, you can't just say afterte fact rubber stamp it. it's OK don't worry out It. It sends very r message to the community that our voices really don't er that at is best for the community sn't really matter,when we fel like ft we'll follow the ! n when we don't feel like it we won't.ThaVs how he feels about i . You just can't rubber stamp this after the fact. Kirk s sen stated o is kind of a commercial use and residential Is 't it? CHAIR ARNDT stated it's a combination. there's certain things allowed and gravel extraction iso one of the allowed uses in the Conservation neo Kirk Rasmussen said hen he hears Consmation he thinks parks. places you don't go an looking c i years maybe they thought it would be. It does seem fitting for that area, r ° Industrial next to our harbors so ft doesn'tlike such a bad idea. They to over the bounds and didn't get permission beforehand. It's off it to come up heren say the borough would slap them down or not take an exception. Mostly because he just watched you approve an ordinance llo intrailers move Into non-compliant parks so it's not fir to say that exceptions can't be made. Judi Kidder stated the ordinance that you just approved for moving into non-conforming rks was done before the fact,not after the fact. Rae Jan Blashka thanked the commission for their service. 's concerned about the granting o conditional use permit for the ar Island l pit extraction u of the precedent It sets. The city s asleep at the wheal, they not only allowedthe gravel extraction out permits. and one contractor exceeded the agreed boundary.The City(inaudible)was aware of its own violation and the boundary violation(inaudible)as more an trees were b (inaudible).The rea in question Is oned Conservation andthe adjacent land Is Industrial. Blasting, extracting gravel, an removing s are not consistent with Conservation. It's adjacent but doesn't fit the definition of (inaudible). Near Island Is o feels like r I (inaudible). Shes orts urban development sks that conditions e p (inaudible). Mary state she's also a frequent user oft at area andshe encouraged h commission o walk over there to have a look for yourselves so you can see whatpen use most of us know the gravel pit is there.All of a sudden it's getting closer® closer,and closer and 'r thinking wherehe boundaries. Aren't they getting close to the boundary? started talking to each other and askingquestions about this. Like Dr. Zimmer said you can stand where the blown is d where My pushed the dirtover and buriedtrees. If you stand ht there you can see the water in the channelthe next island over now. If you st tat themp going they'rejust going to gravel it all the way to the beach and there wGn't be any trees lek She understood one o the reasons the harbor Is where N Is Is because of the protection of the island and the s are /19/2015 Planningand Zoning Regular Meeting Minutes Page 9 of 16 Planning ICommission Minutes f August 1 , ... Page 168 ofi AGENDA ITEM #18.A.1. certainly part of the windbreak for the harbor in the first place. She strongly nce commission to go look for themselves and then decide. In er opinion It was gross negligence on the city department, and It would be really bad public policy for you to hand them a conditional use permit to cover it up after the fact. It's just bad public policy. Hans Tschersich stallhe's a member of the Audubon Society and many years ago together with other Audubon members we establishedsuccessful hiking r In Kodiak which as been enjoyedof the Audubon Society, citizens, and many Visitors from the a utside.This year we approach 00 participants,and In years pastthe numbers have always fallen between 200 0.It's been a very successful program and therefore he was very dismayedt the destruction on the Island.This was one of the favorite hiking desUnaUons for visitors and he knows that people that didn't participate in our program like o hike and walk their dogs them, It's probably too late to remedy all the destructionthat's already en done but he strongly encouraged the commission to make one of the conditions that the utmost will be doneo repair the damage th is been done,the blowdownof trees cannot be repaired,t ig gouges tt have been made cannot be rolled In again,but clear demarcations need to be establishedand some serious effort has to be made to re—vegetate the area and not just let nature take its course but maybes l n o young trees. More and moretrees will fall and pretty soon therewill be a corridor of devastation across the Island of thata. It breaks his heart to say it°s probably too late but if you give this conditional use it then please make It With very strong e n s for reforestation as possible. Jasc a ZbItnoff, Brechanonst io , stated e° ne of the three operators on Near Island. Every of rack that comes off Near Island is paid for to the city i o s Into the c 's funding source, Last year we took over 100,000 tons out is Is over$100,D00 paidto the city from s doing that work for them.Every city project that's happened nce 2001 in Kodiaks been dealt with the rock that came fromear Island.The hospital,the hospital expansion,the long term re center, school, every drivewayin town that has ®1 on it, all that rock from ar Island.Without that quarry there will be no rack for this island. If they shut the quarrywhich could , 'll have at least 10—15 people that won't havea job anymore.ZbItnaff uses that trail and all of Brechan's employees use thatit regularly.T as someone ho slipped ver the edge when the operators wereremoving vegetation u s you can sea now it's been revegetated and a fence installed. His biggest fear is that If wedon't continue the quarryt Near Island n there II be no new roads In Kodiak, no new water and sewer projects, no paving and basically it will be shutting the town down for this construction season. There are operators o the boat harbor side and alsothird operator a the side that faces Trident Basin.There are a lot of operations going an over there right now. He went to a CityCouncil meeting early this spring and wed alreadycommitted revegetaUng the area when we are donen lso installing a trail along the fence once it's Installed. Craig a stated he represents the other half of the ss over there. Our borders have been reached. understand It's unsightly at this point but not permitting the CUP is not permitting us to finish cleaningeither. We've reachedhorizontally and now just need to finish coming As we witractate` I to make it economical. and the equipmentwill only do so much as well, accessible we bring It down In out 30 foot sections feet, most of it has been taken down and we just need to finish bringing it down the rest of the way. There r tat of economic benefits In every aspect that is being considered re, Along withrechara hePs. also talked withlen, the harbor guys andcommitted ourselves to trying to restore the trails along the top that have 'v the concern andr llin to do our part as well. He understands the city slippedup but he doesn't feel they a u is severely for it. A Conditional Use Permit Is a good placeo start Close public hearing&open regular : COMMISSIONER l disclosed t hes manied to the former CityManager who was somewhat in the change of commandIf u will when what didn't a n didn't happen. He wanted it noted for the record. 8/19/2015 Planning and ZoningRegular Meeting Minutes Page 10 of 1 Planning isi Minutes of August 19, 2015, S... Page 169 of 197 Discussion regarding concernthat the staff report didinclude o the Comp Plan but the Plan also Includes the Near Island la I ng with the KodiakIsland Trails Plan, both were adopted into the CompIan under 17.10.030. For future cases,we need all references to the Comp lan that come Into play. In Condition 93 It says'to deter entryy the general public,signs prohibiting et au o e personnel shall be postedalong stern boundary oft the site and spacingns shall be 400' or less.' is should be upon issuance f the conditional use permit. Director on stated he wouldread that as a requirement of the zoning compliance which is the nextstep after the CUP Is granted. n response to COMMISSIONER SCHMITT'S inquiry f to get the zoning compliance what can we u to ensure that Is going to happen relatively on, Director Pederson stated you can add a sentence to the end of that proposed n i on#3 Is the signs required n er this condition shall e Installed it in X date of granting of the conditional use permit and y days that you want that t e. COMMISSIONER C I Condition f Approval S Trail restoration shall begin within 30 days after issuance f the on itio al Use Permit. COMMISSIONER 1 asked if we should add tat at so you specify It's for public u . COMMISSIONER I said it's the Southn Trail 's part of the Comp Plan. CHAIR °T stated the Cityof Kodiak started n the entireNear Island roe theres planning i n through theretalk of the bridge In t . The city as gone through multiple e t plans for Near Island, they've go rcmultiple rezone applications for Near Island, and the city Is basically makingas they go. Now the City of Kodiak owns it, the City u l Is the one that many of these comments that weretonight to be addressed o.They are the ones that approveis, they aremunicipality n of all of you live In e Cfty of Kodlak. The commission looks at what Is allowed in the landuse plans. Many of the trails over there have haphazardly been created. city expressed In our work session last week that their interest in looking and replacing. e city should haveo n 30 days to come up with plans as to howy will do it. Lon White hads to city is looking t hiring a firm to come in here and basically go through the public hearings to see what the residents of the City of Kodiak are Interested in doing.ands part of that is of just trails,it`s potential development of that property. COMMISSIONER I said h obvious intent i of to puttrail where a trail cannot go. Comments will be a partthe record.The Idea theres a trail going to the Southn t has been destroyed in some sections and theyto restore so people can from point A to point a. Glen Melvin stated therWs been quiteit of discussion about bringing thesetrails back to life. They can't her they werebefore, y need to be altered.We walked the site and looked at some potential altemate routes that made sense. Hecan't speak for the council but he knowsat we have always supported fixing up what wieve broken that's been the Intent The operators are n board withi but we needit support u 's really their quarry right now.We need o get up into those areas to do that. Hecan't comnfd to say they would do it but he knows we've talked ® it and it's been very positive. COMMISSIONER 1 to Condition#5 to read "trail restoration and/or relocation all begin before the a construction season Brief discussion of oversight, obvious planning and effort, public comment. 30 days too short for public input and trails committee,berms.and replanting of vegetation. /19/2015 Planning and Zoning Regular Meeting Minutes Page 11 or 1 Planning ing Commission Minutes of August 19, 2015, 8... Page 170 of 197 AGENDA ITEM #18.A.I. CONDITIONS 1. Gravel extracUon shall be limited to .2 acre site identified on the survey ro i for Case o. 16-001. Any further expansion of the extraction area Into C-Conservation zonedlair shall require a new Conditional Use Permit. 2. A six(5)foot tall chain link fence shall be constructed to the top of all completed nc d areas on the easternu of the site. Such fencing shall be constructed withini j days of completion of a bencheda. 3. To deter entry by the general public,signs prohibiting entryunauthorized a on els all be posted alongthe eastern boundary of the site. Spacing between signs shall be 400'or less. 4. Upon material exhaustion,the benchedareas around the perimeter of the site shall be allowed o naturally revegetate to create a buffer between the site and the adjacentm cerise ti n zonedland. Trail restoration and/or relocation shall begin before the next construction seaso . FINDINGS T 1> The site Is situated n an existingu site(zoned I-i stri lj and vacant land zone C-Conservation. Thefined boundary, engineered benching, and requirement u l revegetation will ensure preservation of the value, spirit, character, and Integrity oft e surrounding . This conditional use safisfies all requirements of the C-Conservalion zoning district. 3. This gravel extraction site will not be harmful to the public health. safety, co v n , or comfort.All materials will be extracted In ance with an engineered desi h required construction of fencing along the top of benched areas and postingf signs prohibitingentry unauthorized personnel will further ensure pubksafety is protected. 4. The site ills all engineering requirements. The conditions of approval fu r ensure sufficlent setbacks, e ,and othersafeguards r 5. This site Is specifically located n es a to provide an expanded level r to accommodate future expansion of adjacent Cityof Kodiak harbor facilities. ROLL CALL VOTE ON monoN TO AMEND CARRIEDUNANIMOUSLY ROLL LL VOTE ON MOTION CARRIEDROLL CALL VOTE ON M077ON AS AMENDED B L COMMISSIONERI o add a Condition Approval#6 Any overburden presently outside +or®9.2 acre parcel shall be removed of next construction seaso . Director Pederson agreed withCOMMISSIONER !TT'S wording of the motion Brief discussion In response to CHAIR ARNOT'SInquiry regarding er anything was said about the overburden was goingto be removed, I viii said n' II anything Imentioned saying it would be removed. It Is actually a part of the design element of the quarry, that overburden is placed behindthe fence. It's part of the construction, it's the waythey've been proceeding so far. His thought is that it can be shaped and he thinks Brechan has done a good job at shaping It. They reseeded and it will grow. Fromin's perspective it's an element of the design and It was done fora purpose in the design. Lon Whitestated o soil as 's currently been shaped e's had comments from folks that actually had some benefit. If you nwalk the trail and not see anyIndustrial area development nc line thards already now trail along the back edge of the fill so youstay In natural habitat and visuallyunimpaired by development. You also have the opportunity o walk in front of It alonge fence line to get a bird's eye view of the harbor and shipyard. r photo opportunities you can walk up and over the topf that hill and get a niceint for taking pictures i out a fence line In It, /1g/2015 Planning and ZoningRegular Meeking Minutes Page 12 cf 1 Planning i Commission i s of August 19, 2015, S... Page 171f 197 AGENDA ITEM #18.A.1. Brief discussion. ROLL CALL VOTE ON W0770M FAILEDUNANIMOUSLY COMMISSIONER I Condition f Approval#3 to add'Signs s ail be placed within 30 days after issuance of the Conditional Use Permit. During discussion it or Pederson agreed Wlh the wordingof the motion. Discussion of the need for land, r Is!and Co pr h Plan, development going on outside oft e boundary for 5 years,and attending Ci ounci)meetings. ROLL CALL VOTE ON M077ON TO AMEND CARRIEDUNANIMOUSLY CHAIRT called a 5 minuterecess. CHAIRconvene the meeting. Amending the MobileStandards of KIBCi 1 (Zoning). ria c amendingt .11 it Parks), 1 .80 (R2-Two-Family Residential District), 17.85 (R3-Muld-Family Residential District), and 1 .90 (B-Business District) to revise the standards for Mobileo r s In the Borough.The applicantIs Kodiak Island or location Is Borough-wide and the zoni s. Director Pederson stated you have the memorandum datedAugust staff report i hli i summary of the significant changes. ec ends approval and to forward to the assembly for their approval, COMMISSIONERto recommend the Assembly of the Kodiak Island Borough approve the ordinance Eng Chapters 17.115, 17.80. 17.85, 7m o revise, update, and modifyzoning requirements for mobile home parks, and to adopt the findings of fact in the August 6,2DIS staff report as findings of fact for this code amendment. Close regular tin n publichearing: Tim ala stated you have about 3 months of hard ocountless hours of labor ao st hundreds of people that have put In a lot of effort to try to get some changes made to help our community n better our living situation for those a little less fortunate n everyone else. e strongly urged the commission o approve this. It doesrft solve the problemt It does become an Intrical part of the pieces of puzzle of our community to keep our community a I . He thanked e commission fortheir time and all their effort. Judi Kidder echoed the sentiments of Schapland. The commission s done an astounding amount of work during the lost few months, staff and the commission and we truly i all e efforts ae. She supports this. There will be some other things that come out f this if you approve It to R2, it means some of the other parks that are non-conforming could come into compliancel some of the changes you r making. It's another place of the puzzle but there's still a long way to go and a lot of places missing but it's coming together with every stepyou make. She thanked the commission. Barbara o an also thanked the commission for all their hard work. She's been revievAngthe packet and all the changes to the ordinances are really good.She thanked the commission. Teri Starch stated when she saw this it said CommunityDevelopment Department and wonderedif it was affiliated with the Community Development Corporation In I er. She has a [after from the Community a to t Corporation in 2010 saying they were goingI r with the senior access program and she just wonderedif therWs statute of limitations on how long they have to start the workt. She just gaveup and appliedall over. She wondersIf it's going to be another 5 years before she can get her trailerinto compliance. nk the commission. Closeu I hearing en regular eetin 8/19/2015 PlanningacidZonin a lar Meeting Minutes Page 13 ort PlanningI Commission I t , 2015, ... Page 172 of 197 AGENDA ITEM #18.A. . COMMISSIONER PAINTER MOVED TO AMthe definition portionof 17.115.010. to strike .single o leaving structure where itsays a mobilemeans a single story structure. Discussion about mobile homes not meeting the some of the mobilehomes that exist now may not have been or are meet the current standards. COMMISSIONER CROW MOVED TO AMIt read obit ans a structure such as thoseis constructed in accordancea 3280.' Discussion of those mobile homes Coming Jackson's aren't ilt to these standard& In response to COMMISSIONERinquiry of the concern if we also have healthn safety concerns as well and his understanding f the standards would Include things like plumbing, electrical, u fault Interrupters, throo kitchen, and he'd hate to have a mobileo moved that didn't t the current 24CFR-3280 and tan have someone ( s a result of something that happens, Director Pederson stated youo this either y; the definition is in there by reference and in his mind you've dealt with amendments in Chapter 17.140 with specifically allowing obit s displaced of the change of land use to be relocated In the existing parks. In thecu e of discussion waveIdentified that Rasmussen's was a park they may relocate to or the expanded Rasmussen's. He thinks the legislative Int nt is as whatwe've talked through ll this Issue °v ver it If you left it In, he doesn'tthink it's our Intent at all to and we've said in written form at mobile homes of any age could ov from a so 's If there Is place e could for them to go. That CFR was developedIn the mid70's and he's certain them areunits In Jackson's that are older than that and that would not meet that standard but we are still dealing withthat and lettingthem be movedu of the situation in our community. If you adopt the 2 amendments we can live It it and workit It the way it's written. Discussion on the wording of suchs and in accordance, . FINDINGS 1. The announced closure of Jackson's Mobile Home Park will force mobilehome owners in the park to relocate their homes. Since there arelimited locations for displaced mobilehomes to relocate to,t need for new or expanded mobile home parks in Kodiak. . The amendments to Chapter 17.115 KIBC areIntended o ease the regulatory burdens associated s li i mobile o e park or expanding an existing mobile home park 3. There is a lack of readily available land that is designated for any new mobile home park. Adding the a2 zoning district as a possible location for mobile homeparks will expand the potential number of sites. . The amendments to Chapter 17.115 are consistent with the Comprehensive Plan Goals an Polices related to housingd specifically, ora ! housing. . The Planningn Zoning o issi m e n s approval of the amendments to Chapter 17.115 KIBC. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIEDUNANIMOUSLY COMMISSIONER CROW MOVED TO AMEND t number 7 be changed o 2 or more. MOTION FAILEDTO AMEND Discussion : 17.115.1 0,only allowing large parks, 17.115.070 Walks and clarity. COMMISMONER SPALINGERto delete 17.11 . 7 ls. COMMISSIONER CROW MOVED TO AMthe motion to eliminate the one side of park street If adjacent to park street.MOTION TO AMEND FAILED 0/19/2015 Planning and Zen Irak Regular Meeting Minutas Page 14 of 1 Planning i Commission i ... Page 173 of 197 AGENDA ITEM #18.A.1. LL CALLVOTEerCOMMISSIONERS SCHMITT, Td . COMMISSIONERS PAINTER . COMMISSIONER LI 17.115.040-Plan Review under 2B to read "Plans far drainage. solid waste disposal, and lighting all be submitted the owner. Sewer, water,and roads for the mobilea a shall be preparedy a registered engineer." During is ssi n It as mentioned that the boroughs discussed for many years that the borough needs to do a drainage plan and Us Into It,and there r o drainage engineersin Kodiak. COMMISSIONER I .T TO AMEND Plans for drainage, solid wastedisposal, and lighting shall be submitted the owner. I s for sewer,water, and roads for mobile home parks shall be prepared by a registeredn in _All such plans shall be reviewedapproved y the Engineering nd Facilities Department prior to construction of the mobilehome park. LL CALL VOTE ON M077ON TO AMEND CARRJED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL LL VOTE ON MOTION ! r L. BUSINESSOLD } Tract ® , Killarney Hills Subdivision Planning Discussion Update Director Pederson statewe've received 2 proposals and the lower Isid was DOWL Engineers.The borough manager has d1rectedn to workins n Facilities Director to prepare the professional services contract for movingforward i ands delineation. n response t COMMISSIONER SCHMI Inquiry of when that ahappening. e stated sometime farOctober. } Recreational' icle Park CodeDiscussion and RelatedInformation NEW BUSINESS COMMUNICATIONS }July Planning and Zoning Commission s Its Letters } Email and Attachment Re:Complaint Code } KIB Letter Chickens } Email and Attachment Re:KAT Information COMMISSIONER to accept communications nt . VOICE VOTE ON MOTION CARRIEDUNANIMOUSLY REPORTS } Meeting Schedule: a September ®2 15 special work session at 6:30 .int the KIB Conferenceo0 September 9,2015work session at 6:30 p.m.In the KIBonf r nc cc September 16,2015 regular meeting at 6:30prn in the Assembly Chambers } Abbreviated&Final Approvals Subdivisions Case A ate I t Procedure } Minutes of Other Meetings CHAIRT MOVED to accept reports as presented. VOICE7 8/19/2015Planning rrZoning Regular Meeting MinutesPage 15 of 16 PlanningI Commission Inutes of August 1 , 2015, 174 of 197 AGENDA ITEM #18.A.1. CITIZEN COMMENTS Local number 4W3231 Tall Free number 855492-9202.Limited to 3 minutes per speaker. Tim Schaplandthanked ev for their hard work, patience. and doing your due diligencein o got the codes changed beforecreate more problemsIn the neighborhood. STAFF Director Pederson stated ill be out of town on forte September 1?packet review. Jack Maker thanked COMMISSIONERcomment out the dog and hWil try to work Is pictures In with all his staff reports. COMMISSIONER Kyle Crow said e's really r t f 1 to be here and participate in this. It was a little o r tonight. The Items he submitted the suggested code changes, the email attachments for the complaint code. does that keep goingforward t y in the queue?It doesn't just get buried in old minutes and gonen done. He wants to make sure stays in e queue. Scott t stated Mada has done some too and as we work through the others we'll to the list.He doesn't look at it as going away. Kyle Crow said it will go Into a binderr (older so when it's time e can go through them and prioritize. aria Painter stat still moving forward to try to come up withIdeas for lore cost housing-, one of the things that Scott Arndt was presenting was the RV Park proposal review.First will be RV and thennext Will be the AccessoryDwelling Unit t it does is It allows affordable housingI nicer areas for people (hopefully)will be smaller units all over town. She doesrft know the particulars but she proposed something that will come up after the RV Park Issue, Were still working on various items. ADJOURNMENT COMMISSIONER ALI to adjourn. VOICE TUNANIMOUSLY CHAIR ARNDT adjournedmeeting at 10:1 KODIAK ISLAND PLANNING I COMMISSION By: Scott Arndt,Chair ATTEST -36-1 c Cofcvw,i, Sheila Smith(For Jenny Clay) APPROVED: o er1 ,2 15 0/19/2015 Planning and ZoningRegular Meeting Minutes Page 16 of 16 AGENDA ITEM #18.A.1. RECEIVED Kodiak u Planning & Zoning Commissi DEC 1 2015 Minutes CP12C1UGH CJ.L-I�Wa OFFICE SgglernberlB, 015 6:30 p. ' CALL TO ORDER CHAIR ARNDT called to order the September 16, 2015regular meeting of the Planning Zoning isi at 627 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledgeallegiance ROLL CALL Requested excuse)was Jai Baldwin due to beingsick. Commissioners present were Alan Schmitt. ra Painter, ScottA d® Greg Alin er,and Kyle Crow. Excused was Jay Baldwin. quorum as established. COMMISSIONER I to excuse Jay Baldwin. VOICE t Community evelo nt Department staff present was Director Pederson.Jack r®and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER 4 to approve ta er 16, 2015 PlanningZoning Commission agenda. VOICE VOTE ON M077ON CARRIED i APPROVAL OF MINUTES None CITIZEN COMMENTS Items Not Scheduled for Public Hearing: Limited to Three Minutes Per Speaker. Local number 3231 Tall Free number 855-492-9202. Barry Ale of stated strenuously o jec to the proposed Killamey Hills Subdivision`fro ®20 The Information a t shows 7 + lots to be made available for developmenL A development o this magnitude can only have several destructive consequences.These Include the addition of 7 houses that will destroy the character oft existing stable neighborhood In the Woody Way, Murphy Way, and Trinity Island Subdivisions. It will double the population densityalong the Woody Way and Murphy Way corridor, It will create a dramatic Increase In traffic on Woody Way, Murphy ay® Hillary Lane, Rezanof, and Mill Bay Road at the entrance to Safeway. It will also involve the loss of a heavily used recreational area along witho spent o dewlap it. In a community always looking for spaces to hold outdoor events; soccer, football, s all games and many others.A significant loss for Kodiak youth, ere In this proposal Is there any mention of buffer zones, or recreational areas, all it fundamentally says is lets build morehouses. He believes the scope of this proposal Is excessive and sometimes heavy handed. Initially, t e proposal made 2 years ago was for the development of 4 lots near the KANA building, in 2014 the number of lots were increased s.That proposal has suddenly e ! e to a subdivision of 70+homes with 9/16/2015 Planningand Zoning Commission Regular Meeting Minutes Pagel o lanning and Zoning Commissioni t1 ... Page 176 of 197 AGENDA ITEM #18.A.l. little or no discussion at least In the packet of its Impact on current residents. He can only speculate otiv t this proposal In the first place. Responsiblen one thing, as a former contractor he recognizes the valueev I ent is Is not responsible development. He urged the commission reject this proposal In Its current form. Do not sacrifice u li one neighborhoodanother neighborhood that neither you nor I wouldant to live I . Director Pederson saidthere is no proposal an the table,no application has been made.What was Included In a t is an exact copy of what was In a P&Z packetin April or May.At that time I n{ master planning process for that Tract.That k r u Inforrnatlon and some examples of Ideas f what may be the ultimate tial of that . We have been focusing on the r in s for the mobileissues the l ills discussion was parkedfor future iscussion.When we come back to these discussions there will be outreach ten. Susan Reid stated she lives an Woody Way Loop and asked the commissiono help save Woody o Field s with the suggestion that It be rezoned as Public Use land, Though it was not officially a designatedcity borough park, It has served this community for the past fifteen years. It's used by the i ll League, Little league tis soccer camps, Kodiaki soccer program, open gym soccer. Relay for Life, the Woody Way neighborhood, t ischool homecoming bonfire, dog walkers, exercise enthusiasts, drone I , skiers and snowshoers, the Kodiak Christian School, organized picnics. n s an open space for miscellaneous other activities.The land Is owned by the boroughand operatesr a joint use agreementbetween the Borough, the City. n e Schools. The City's Parks and Recreation Department maintainsis field. The agreement expired in 2012, but there is continued agreement s entity has to notify the other before any change can take place. Since I am a resident of Woody Way Loop, she receive o for proposed changes t rc I off residenUal lots at the Woody Way Sports Field. She talked o borough officials c the notices come out and was told that the Woodyits Field s never Intended sports field or park. Officials told her that thetion of it was out of necessity and convenience when sports programs and other activities need a spillover fiel community still needs a spillover field. Baranof Park is always booked withsports teams vying for field time and whene Isn't v ila they are sent to the Woody Way Sports Field. In addition, of Park improvements on' a it some activities, like the Highcool bonfire taking I is Friday. It out travesty to replace this already establishednutilized spoils field and park withlarge housing development. She just wanted to go on record for trying o preserve that field. HEARINGSPUBLIC Limited to Three inute r Speaker.Local number 486-3231 Toll Free number 855-492-9202- A) Case 'I5-020 (Postponed the from May 20, 2015 regular meeting). Request Preliminary approval of the replat , Black 3,WoodlandSubdivision creating thru Madan t Subdivision ( IBC(KIBC 16.40). The applicantIs MK Enterprises, agent Is Kevin Amdt The locaHon Is lv { s R2-Two-farnily Residential. Director Pedersons 4 t the request o hcommission Maker has reached ut to the applicant on several occasions and there s some Indication that he may havesome Information that being said ithasn't happened n you Indicated it was postponed from the May meetingo ti u tonight to giveapplicant to evaluate the recommendations In the staff report. You recommended motion In front of you to postpone this again to your October 2121 meeting. Postponing it would preservethreat since initial public hearingotic were i! in April then that notice is stale t this point. COMMISSIONERINTER staked there's s e in in the statute t the commission shall approve or dis-approve an application within 60 days. she believes It was done sometime early is 9/16/2015 la ni and Zoning Commission a lar Meeting Minutesof Planning ing Commission Minutes #August 19, 2015, ... Page 177 of 197 AGENDA ITEM #18.A.I. spflnglearly summer and she asked staff have received a 2nd time hin the applicant stating is it to be postponedIn writing, Maker stated no,we haven't received anything Maker spoke to himon Monday when Maker let him knowthat we needed something In COMMISSIONER ALl TO POSTPONE INDEFINITELY s o.S1M20. Close regular meeting&open public hearing, None Close ublic hearing&open regular tin : Discussion m Amendments may be offered i this time. ROLL CALL VOTE ON M077ON CARRIEDUNANIMOUSLY Case e z of Lot 3A, Block ,Tract F, Old Harbor Subdivision from RI-Single-familyResidential District to l y Residential District JKIBC 17.205).(Kt The applicant Is Kodiak Island HousingAuthority e agent is Rick Lindholm, Project Manager. The locationIs Birch Street, I r and the zonlng Is RI-Single-family Residential. Maker stated request seeks to rezone a 7,500 squaret vacant let in the Cityof Old Harbor from 1 'n I fa it Residential to R2-Two-familysi a ti 1. The KodiakIsland oust currently as four low Incomefamilies on waiting list for housing in that community. I residential land in Old Harboris currently zoned 1,which limits construction of now housingo single-family residences. Should this rezone be approved, r Island oust Authority Intends to construct a two-family residence that will better accommodate the community's need for affordable ousin . It's Important to note that Ws rezone will not bind the applicant to the Intended evelo ent Once rezoned, s i e in R2 zoning a a established on the lot, Twenty-five ( ) public hearingotices were mailed on August ,2015. public earl otices were returned. t has determined e rezone is consistent withh j tives of the Comprehensiven satisfies the requirements of`Title 17 of the Kodiak Island rou o r rezone& Staffrecommends the Commission forward Is rezone request to the BoroughAssembly ith a recommendation for approval. Director Pederson said r as discussion at the work session that maybe It would be appropriate to have a broader discussion withI arbor and the housing authority. e b other lots that wouldpro ri to to be rezoned int is fashion. Maker stated theInformation he received n those 3 lots are very , require a lot of fill, and would be expensive to develop.It wouldbe something they could discuss. COMMISSIONER Al 7 recommend that the KodiakIsland BoroughAssembly approve a rezone of Lot 3A, Block 2, Tract ® Old Harbor Subdivision from Residential District to f ClyResidential District a to adopt the findings of fact listed in the staff report entered Into the record for this case as'Findings of Facr for Case No. . Close regular meeting&open public hearing: None Close ulic hearing&open regular ti Discussion ing getting construction ramped up by spring, I kin t other parcels not under common ownership. the concept in zoning to try to avoid spot zoning, and a need for affordable housing.Theres consensus among the commission. 9/16/2015 Planning and ZoningCommission a talar Meeting MinutesPage 3 of Planning i Commission i .., Page 178 of1 AGENDA ITEM #18.A.1. FINDINGS T 1. The KodiakIsland HousingAuthority Identified for affordableof for low Income families In f of OldHarbor. All residential land in Oldr is currentlyzoned 1,which limits construction of new housingto single-family residences. i rezone will allow ns two-family residence that will better accommodate thecommunity's for affordable housing. 2. This one is consistent withthe Residential Future Land Use Designation and will further implement nous objectives of the adoptedComprehensive Ian. 3. The Planningof isi n recommends that the Borough Assemblyapprove i ROLL LL VOTE ON M077ON CARRIEDUNANIMOUSLY C) Case Amending c i I Vehicle ParkStandards of KIBCit (Zoning). ordinanceRequest an ending KIBC Chapters 17. )and 17.166(Recr ai al Vehicle ) to revise and update the standards for recreational vehicle parksIn Borough. is ordinance will also amend the following KI r specifically list recreational vehicle parksconditional prohibited use: • 1 . (WH.Wlldllfe Habitat District) • 1 .50(C-Cons i ) • 17. (RD-Rural Dev l t c • 1 . ( !Residential Two District) • 1 1 Residential District) • 17. -Rural Residential One District) • 17.7 1 I Ily Residential District) • 17. (R2-Two-family Resi it c ) • 1 i- lly ResidenUal District) • 1 (RNC-Rural Neighborhood Commercial District) • (UNC-Urban i o Commercial District) • 17.1 (I-Industrial District) • 17.11 !I Business District) • 17.1 (LI-Light Industrial i i ) • 17.1 ( li District) applicantThe Is KodiakIsland Borough. The location i r - izoning varies. Director Pederson stated is is one of the seriesf ordinances that has risen our Jackson's oile Home Park.The RV Park ordinance currently some Internal conkicts%With the rest of the code andhasn't been updatedi 1990. The philosophyto look at the regulations and sea if there is a way to make it a little i r for an RV Park to locate in our community. None have been located since theordinance as adopted,one was approvedbut has not been developed. The specific changes in contemplation is to start workingyour way through the ordinancein 17.25.190R, fit ons are being placedin the definitionsy belong rather than the RV chapter.The other big change is one of the flaws In is ordinance was that If you look at the lists of pen-nifted or conditional uses for any zoning district you wouldn't see RV Parks mentioned so If one know whereto find the V Park chapter you wouldn't n if the use was allowed r noL For development standards the significant changes are that an RV Park make under the changes containdesignated for RV camping as opposed to short terms in setUng out for longer period of time, li i s the requirementsfor open space and plays In RV Parks, reduces the requirements for screening or establishes that to be undetermined at the time comes In for permitting an later i ss.The other change Is V chapter contained requirements for toilet and shower facilities evenif t s connectedare o waste wateri s i system,either a public sewer or septic tank andwater lines. The change gets rid of that requirement that they have to be connected to some public, water, 9/16/2015 lin and ZoningCommission a lar Meeting Minutese 4 or Planning i Commission i 19, 2015, ... Page 179 of 197 AGENDA ITEM #18.A.1. sewer, or waste water disposal systems n e °t have to provide toilet and shower facilities. Another n is If you look an page of 5 of 11 of the ordinance,line 240, building oral said it would be muchcleaner if It said the adoptedplumbing e rather than the uniform lu i code.The other change pertains not so much to RV Parks but this chapter includes the regulations for recreational vehicles on Individual lots.The current code allows someone to live in an RV on lot up to 6 months while building a permanent dwelling and they can get a 6 monthextension. It as the desire of the commission to doublethose e frames sea It could year With a year extension to givea more time when building out of pocket- COMMISSIONER SCHMITT MOVED o et- C I I to recommend a Assembly of the KodiakIsland Borough approve e ordinance n in Chapters 17.25 KIBC (Definitions), 17.65 KIBC (Recreational Vehicle Parks), and related Chaptersf Title 17 (Zoning) to revise a the standards r recreational vehicle parks In h Borough and to specifically list recreational ve icle parks as a conditional or prohibited land se, and to adopt the findings of fact listed In the staff report entered into the record for this case as 'Findings of Facr for this code amendment and delete o "uniform'from Une 240 of the proposed ordinance. Close regular meeting&open public hearing: None Close public hearing&open regular meeting. COMMISSIONER r concern ofie Issue of the draft code effort last winter was that people didn't have a clear Idea of what to do to achieve compliancen o seek a determination from the department, ithis revision of the RV codes it will only allow thems a conditional u and believes that dear directions an how they must be constructedus have of for all areas but for at least to be placed in a coupleareas,specifically Into ran Neighborhood e erci I and Rural Neighborhood Commercial Districts and theynut 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 stampto do the job of what they want to o on their private property.There couldpublic hearings for the other areas but In ire cases without having to come beforeto o make their ate ination puts them in some discomfort and creates consternation amongst the community COMMISSIONER a r 17.1 DO to allowrNeighborhood Commercial llo I Neighborhood Commercial Districts to be unconditional and further amend 17.165.030 to allow thosechanges. COMMISSIONER AI stated she c n error, the Business District, 17.90 was not Included In the n i I use or prohibited use, what is the reason, Maker stated the Business zoning is ' Is the only zoning is ict that specifically lists RV Parks as a conditional use lr y. COMMISSIONER SCHMITTstated some people may not be comfortable that an RV Park may allowed in a particular zoning district.We aren't changing anythingin the current code other than prohibiting it In the WildlifeHabitat, Conservation Districts but ICs already a conditional u In ll the other ones and if wdre goingto permit It in a now one it would be appropriate to give people notice if they wanted to be heard. Director e on stated currently RV Parks are a conditional use in Il zoning districts. Mr.Crow's motion to amend seeks to modify that to makeIt a permitteduse. He's comfortable with It going to the assembly because we aren'tll i tin i e People 11 have the opportunity to speak at the assembly level. COMMISSIONER I fact that it's already a conditional use in so many of the zoning is the code was drafted you would really ve to dig to find out. Wdre just making It clear by listing 1 In of the various ions that deal with the various 9/16/2015 Planningand Zoning Commission Regular Meeting MinutesPage 5 of Planning and ZoningCommission i f August `I , 2015, 8... Page 180 of 197 AGENDA ITEM #1&A.1. zoning is ny V's today a plumbing facilities witin them andn easily to existingwater and sewer connections in RV Parks. If someone Is going to go through the expense f putting In t It would seem burdensometo the commission er the current code to also require t they construct stand-alone shower andof facility If all they aredoing Is accommodating V's that have those things anyway. Therer s where peoplecould do tent campingor some V' t have a self-contained ba r cilit' s so people would o make use of some kind of sanitation facilities.Those types of paft are still going to be required to have u station and bathroomfacilities. COMMISSIONERstated he hates putting the public through the situation where they have to come In n r happens to be sitting r particular i ill say well know it when we see IL It's almost like lin n playing h them becausethere's always going to be some contention and some disagreementI i it to be clearc simple,If you do these tins you can't do them anywhere else but you can do them right here. Director Pederson said if you do what Crowtion there's a correspondingreference i 17.165.030 that we need to put language in. CHAIRT stat it's In is motion. Brief discussion an forward,postponing, COMMISSIONER the considerationof thecode amendmentto the October 21,2015 regular meeting. ROLL CALL VOTE ON MOTION CARRIED 1. The ayes were COMMISSIONERS , ®AND CROW. The nos was COMMISSIONER . OLD BUSINESS Tract R-2,Killarney HillsSubdivision Discussion Director Pederson stated we covered that during Citizen's Comments so he won'tt that information.The borough has executed a contract n I ri o will be performing a wetlands delineation.Regardless of what happens on that tract in the futurewe'll have a current, accurate, cc t le wetlands delineation.and they could starting later this week. COMMISSIONERI Inquired o you foresee being therre r the wetlands delineation is received, Director Pederson stated `I take some more discussion, we suit have the other ordinancesup that you made a motiont .The BoroughResource Management c r is now on boardn s this spreads planning and alsoor lands management responsibilities on has briefed himis transpired since d, and then developing a course of action.Pedersonenvisioned is that we would have a discussion at work sessionof how you want to proceedforward r we get done withos ordinances, I there s become a proposal or more Information an a master plan we wouldri that backo the commission for discussion. give notice , and Include the Parks and Recreation Committee In discussion. Ultimately as you y decision to commit or dispose of that land for a specific use or adopt a master plan for that site ul require a ! hearing by the commission and the assembly. BUSINESSNEW None COMMUNICATIONS } August Planning nZoning Commission ulls Letters e 15-025 CUP Approval Letter0/20/2015 ® 16-001 CUP Approval 1 9/1.6/2015 Planning and Zoning Commission a ular Meeting Minutes Page 6 of 8 Planning i Commission i s , ..a Page 181 of 197 AGENDA ITEM .1. REPORTS J Meeting October 7, 2015 Accessoryell[ exit & Small Lot Subdivision Codes Special Work Session-6:30 p.ms l rs October 14,201 scion® :3 - IB Conferenc • October 21,2015 egular Meeting-6:30pm-Assembly Chambers COMMISSIONER DRAstated she will not be able to attend the October 7 special work session. COMMISSIONERLI will be out of town for October '', 1'i, and November meetings. COMMISSIONERl will not be here for the October regular n . Director Pederson said 'l1 be gettingthat packet out hopefully by the endof the week but by Monday. The other schedule item Is we have the conference coming in November and November 110'Is your regular pack review worksession which is a holiday. Commission cons n us to have the Novembero io on Tuesday.November ° Abbreviated Final Approvals m Subdivisions • S15-021 Transmittal Memo&Recorded2015-15 STAFFREPORT COMMISSIONER I to acknowledgereceipt of reportsac presented. VOICE TION CARRIED UNANIMOUSLY CITIZEN Local number 486-3231 °toll Free number . Limited o 3 minutesper speaker, Dennis Symmons thanked Kyle Crowfor attempting to cut through any bureaucracy possibleand he commended any other commissioners for doing the same. It's a necessityin moving on to serve our citizens the t He commended everyone here tonight, commission, and staff for doing a lot of overfime theselast couple of months and It's so profound when a dfizen comes uthat they don't knowout and that's Mat this unici I Is dolng fortheir problems.You are doing it and it's well established and he loves to Inform anyone o Is not paying attention. °You are doingexactly what you should a doing ande thanked everyone. Nicholas a in!stated should be coming a n we are havingnormal rainfall. The pond is all dry right now whichIt's usually housingducks and such. It's kind of unfair for them to look at It right now as opposed to the drainage that comes down that hill In normal years. STAFF COMMENTS Director a n stated Neil Hom, our Code Enforcamentomcees last day is Friday. 's moving to Anchorage and we wishhim well. COMMISSIONER T Kathy Drabak thins Neil Horn has done an excellent job a 's been good to work with. Ian Schmitt dittoedb 's comments n he's been working with Parks and Ree as well. There's an 2rUcIe in the AnchorageDispatch last week about r Ihousing, new project tat being put In place ere and he heard stories on the news this morning that other X16/2015 Planning and Zoning Commission a Mar Meeting Minutes Page 7 of Planning l Commission l t f August `j ° 182 of 197 communitiesAGENDA ITEM MAJ. cross the country are ' r i s with affordablesin of Is Kodiak Is not unique In vin this lack of affordablehousing. Kyle Crowthanked II the peopleshowed up. Every time ve a meeting and no one Is here Ws a disappointment but when we do see people show a if t 't understand the issue they are coming to get educated and try to understand it better.Also they speak aboutwhat they care aboutrs how we operate.Crow wishedfir winds and following s.Crow didn't work withi uch but knewof the familyhere. Best wishes to him. thanked the commission fortheir consideration on these mattersopportunity to Gffer u and opinion or Idea. Greg Spalinger thanked the public that showed up, Et's good to know that people are actually listening. 's been on a lot of boardsthat no one shows It's really good to get the input. Mada Painter i l that our community Is gettinginvolved more n various iu s and one thars going to be comingis the AccessoryDwelling nit that sometimes contentious a I t there is a real need for affordable housing. You can call it accessory dwellingE a r cottages, a r In law apartments.The fact Is that we do need otherchoices for affordable housingn It wouldr ui live In more stable ity than just packed Into one section that some peoplelook at as unsavory, sadlyto say. Be open mindedr r those meetings to come an those Issues. She thanked everyone. Scott t stated joyed working withEI Horn and 'Il be missed. ishim the best In is endeavors In u r . ADJOURNMENT COMMISSIONER I adjourn. VOICEr CHAIRjour the tin at 7:40 p.m. KODIAK PLANNINGI COMMISSION By: _ 11 Scott Arndt,Chair i 4 :%r BY: Shelia Smith, Community vi t Department APPROVED. ove r 18,2015 9/16/2015 Planning and ZoningCommission a lar Meeting Minutesage Planningr Commission i ... Page 183 of 197 AGENDA ITEM #I&A.1. RECEIVED Kodiak Island Borough Planning & Zoning Commission [DEC 1 2015 Minutes October 21,2015 6:30) m.In th A 110E CALL TO ORDER CHAIR ARNDT called to order the October 21. 2015 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested to be excused were Alan Schmitt, Kathy Drabek, and Greg Spalinger. Commissioners present were Jay Baldwin, Maria Painter. Scott Arndt.Absent were Alan Schmitt, Kathy Drabek,and Greg Spalinger. A quorum was not established. Community Development Department staff present was Shelf a Smith. ADJOURNMENT CHAIR ARNDT adjourned the meeting at 6:36 p.m.due to a lack of quorum. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ---V0-(-Scott Arndt, Chair ATTEST )vverj. C it $AU By: Shelia Smith, Secretary Community Development Department APPROVED: November 18,2015 10/21/201S Planning and Zoning Commission Minutes Page 1 of I Planning and Zoning Commission Minutes of August 19, 2015, S... Page 184 of 197 AGENDA ITEM #18.A.1. Service Area No. 1 Board 7REC41EIVED] Regular Meeting October 6,2015 6:30 p.m. Kodiak Fisheries Research Center 2015 ® CALL TO ORDER RE oFnce Chair Scott Arndt called the meeting to order at 2. ROLL CALL Board Secretary Jenny Clay conducted a roll call and present were Chair Scott t® Board Members Paul sett® Curtis owell® Dennis Symmons, Mike Sirorchuk and Bill Mann. A quorum was established.Board member Natasha Hayden was absent. ® APPROVAL OF AGENDA HANSEN MOVED to approve agenda for October 6,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ® APPROVAL OF PREVIOUS MINUTES—Regular Meeting September 8,2015 SIROFCHUK MOVED to vete minutes of September 8,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ® ACKNOWLEDGE RECEIPT OF THE FINANCIAL BE-PORT HANSEN MOVED to Acknowledge Receipt of the Financial Report, VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, 6. VISITOR COMMENTS None. 7. CtIAIR'S REPORT Chair Arndt reported on continued surveying of Service Area 1. Symmons and contractor AIM Maintenance,plan on meeting with Dan Busch to plant trees that were mistakenly cut down. B.Old BUSINESS A. Discussion on MK Enterprises Chair Arndt stated the Borough was unable to locate the first letter he wrote in 2013 about MK Enterprises billing errors. He will look for his copy of the letter for the next meeting. He requested staff to assemble all correspondence between the ir® MK and the Borough from 2011 to present about providing gates on the graders. 2of2 Service Area No.I Board Planning and Zoning Commission Minutes of August 19, 2015, S... Page 185 of 197 AGENDA ITEM #18.A.1. B.Road Striping The purchase order to K-Linc for Road Striping was completed by staff. He was informed by Jason of K-Line that it would be better to wait until June as the striping would last longer due[a the warmer cl I mate. C.Otmelol Way Chair Arndt reported about the meeting in September with Alaska DOT, Borough, City. Chair Arndt along with others about the paving of Otmeloi Way. The proposed budget including design would be about six million dollars. He discussed details with the board. 9.VISITOR COMME NTS None. 10.BOARD COMMENTS D.Symmons—Likes having monthly meetings. M.Sirofchuk—Also likes the monthly meetings. P.Hansen—None. C. Howell—None. S.Arndt—None. B.Mann—None. 11.NE ETING SCHEDULE A regular meeting was scheduled for Tuesday,November 24,2015 at 6:30 PK 12.ADJOURNNMNT SYMMONS MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Meeting was adjourned at 7.15 p.m. +Jely Ceauy�-, �� Date: EnginceringlFacilifies Approved By, Date: Scott Arndt,Chair Service Area No. 1 2 of 2 Service Area Nm I Board Planning and Zoning Commission Minutes of August 19, 2015, S... Page 186 of 197 AGENDA ITEM #18.A.I. WOMENS BAY SERVICE AREA BOARD REGULART Date: November 3,2015 Call to order 7®0 Members sent®George Lee,Dave Heuman.Dave Conrad,Greg Egle,Jessica Hom and john Isadore, Member excused: 111 EcreL Alsopresent: Kevin Arndt(Contractor)a clanBaker(Resident) Minutes approved signed: Regular meeting October 6,2015 Citizens Cornmentm, Island Baker spoke to need for ditch cleaning along Sgt Ck Rd from Chiniak. r an own towards the Fire Hall on the South side of the road due to alder growth in thc ditch, Chair to include this work if warrantedint the outstanding brushing/ditching work order. Contractor'sComments: Crack scaling is to continue if weather permits,also brushing to continue.The Signs are expected to arrive soon. Chairman'sComments: Work r ers-3 WorkOrders outstanding. • Crack Scaling •—_ Signage CE Brushing201'5 rlBusiness: Fire —nt FI Emergency Shelter o Pending Final EL inspection Road Service Application for did permit in progress for 2 outstanding culvert issues on S Russ k RrIfflabital sensitive envi n ent! na ro o s stream;no response from ADFG New i s Planning t Commission t t 'l aaa Page 187 of 197 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Fire Department Road Service us Motion passed to draft a Letter tote KIB Manager for SAB priorstization of asphalt/road repairs Board Member comments • Conrad; Erosion noted on BF road at FEMA pmjests from 2009 Flooding + Heurnan: Ditching did well forte most part during the Oct 27 rain event:3 inches in one day.Flooding on Sgt Ck Rd at the Hiway,overflow on Pun Ck Dr. and wash over across from Haights on Sgt Ck Rd. Next Regular Meeting Dec 1,2015 7:00 PM at the WBFD Meeting adjourned at 8:36 pm CHAIRPERSON WITNESS Planning and Zoning Commission Minutes of August 19, 2015, S... Page 188 of 197 AGENDA ITEM #18.5.9. Kodiak Island Borough % Engineering$ Facilities Department Projects Office ' 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel,Project Manager/Inspector CC: Bud Cassidy,Borough Manager Bob Tucker,E/F Director RE: Projects Status Report for Period Ending October 31,2015 LANDFILL LATERAL EXPANSION The Landfill Lateral Expansion project is nearing completion. Brechan Enterprises is scheduled to complete the final work on Phase II the first week of November.Phase III contractor ASRC 5KW Eskimos Inc.has demobilized but will return to the site to complete punch list items the first week of November. General Electric Water and Waste Water Division are on site reviewing and confirming the hardware/software and communications for the plant operation. The external connectivity for monitoring and remote control of plant functions is being configured.The clean water testing phase has been successfully completed. CH2M Hill is scheduled for the first week of November to begin the seeding of the plant with sludge from the City of Kodiak WWTP and preparation for dirty water testing and introduction of leachate.Staff anticipates that the plant will be running and discharging to the new leachate lagoon In mid-November. Water testing of permeate will occur prior to discharge to the environment to ensure regulatory compliance. FOUR SCHOOL GENERATORS KIB received an Alaska Legislature grant in 2011 for installation of generators at several Borough schools, including Karluk, Old Harbor, Port Lions, and North Star Elementary. Wolverine Supply of Wasilla is the contractor for this project, and started construction in October 2014. Installation of the generators at all four schools was completed in April 2015.Using the remaining grant funds,KIB issued a change order to Wolverine to provide a new generator to Akhiok School which was having recurring problems with its existing generators.Installation of the generator at Akhiok was completed in October 2015.All work on this project is now complete. ANTON LARSEN BAY DOCK REPLACEMENT KIB received Alaska Legislature and Denali Commission grants in FY2012 to provide upgrades and expansion of the existing floating dock at Anton Larsen Bay.Jensen Yorba Lott and PND Engineers began design work in November 2013.The design process included public meetings In March 2014 to receive input on preliminary design documents from dock users.A contract for fabrication of the new dock and gangway was awarded to Rainier Welding of Redmond, WA in December 2014, and a contract for installation was awarded to Pacific Pile and Marine of Seattle in March 2015. Construction began on September 1, 2015 and was substantially completed on October 30, 2015 when the new dock was officially opened for public use.The new dock is 120-feet long,twice as long as the existing 60-foot dock, and the new gangway is two feet wider than the existing gangway providing easier access to the dock. There is still approximately$300,000 remaining out of the total project budget of$2.1 million. KIB staff October 2015 Change Order Report, KHS Wilson, Other Projects... Page 189 of 197 AGENDA ITEM #I&B.1. are currently considering other improvements that could be performed with remaining funds, such as additional grading,site concrete,or bollards at the head of the gangway. Before and After Photos of Anton tarsen Bay Dock uuq II IV 4 �� U a IVI i° u 1 ILII i i �1 ' " BALER BUILDING FLOOR REPLACEMENT The concrete floor at the Baler Building 'is ]n need of repairs. The concrete topping is severely worn down, particularly in the area directly in front of the baler equipment.A bid package for repairs to the floor was compiled by staff based on the concrete topping product used when the floor was last repaired in 2007.Bids were opened on September 10,2015, and four bids were received.On October 1, Project Status Report-,October 2015 Page 2 October 2015 Change Order Report, KHS Wilson, Other Projects... Page 190 of 197 AGENDA ITEM #1&B.1. 2015, the Assembly voted to approve a contract to the low bidder, Diversified Construction of Eagle River, Alaska. Construction was originally scheduled to start in mid-November 2015 but has been delayed to January/February 2016 due to the long lead time to receive materials.This delay will have no effect on Landfill operations. FIRE PROTECTION AREA NO.1 EMERGENCY GENERATOR KIB received a Alaska Legislature grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for installation of the new generator required to receive a permit from the Building Department. KIS staff is currently getting pricing for the installation.The work is tentatively scheduled for November/December 2015. PLAYGROUND REPLACEMENTS—SIX SCHOOLS This project was included on the list of bond projects approved by voters in the 2014 election,and is for replacement of playgrounds at the schools in Akhiok, Chinlak, Karluk, Old Harbor, Ouzinkie, and Port Lions.A Request for Proposals for an equipment supplier was issued in October 2015.Proposals are due on November 3,2015.Once a supplier is selected they will provide design options for each site as well as installation documents to use in a bid package for an installation contractor.The Alaska Department of Education and Early Development has provided approval of this approach. The current schedule is to award a contract for a supplier before the end of the year and bid the installation in spring 2016,so the work can occur during summer 2016. Note: A status report on the Kodiak High School Addition and Renovation project is provided seporatelyfrom Wilson Engineering,Inc. Project Status Report—October 2015 Fgg1� October 2015 Change Order Report, KH5 Wilson, Other Projects... Page 191 of 197 AGENDA 1TE114 #18-B-1. ------------------------ WILSON;'ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation; Peri6d1Ehding; October31,2015 Summary: With Substantial Completion of Phase 6 scheduled for November 1,2015,Watterson Construction and their Subcontractors are now focusing all available resources on Area 8 and the new Main Entry.Their ongoing commitment to have the Culinary Arts Program online buy November 1 now appears to be a reality.Installation of equipment in Kitchen B214&Foods Lab B221 has been completed this period.By mid-month,the second level of Area B was completed 98%and ready for inspection by design consultants.Finishes on the ground level of Area B will continue through the month.Exterior siding was completed this period along with exterior architectural finishes.Work continues In Phase 9 with completion of electrical&mechanical rough-in.Also completed this period in Phase 9 was the installation of gypsum wall board. Additional ongoing work this period includes the renovation of Area D restrooms and the Area B East Stairwell restoration that was added into the project with the approval of RFP 152. Work This Period: • Area B Kitchen&Foods Lab Equipment • Area B level 1&2 Finishes • Area B exterior siding pi°UM • Inspections for occupancy of Area B • Exterior architectural features I Work Scheduled Next Period: • Phase 6 Area B Substantial Complete Inspections Foods Lab 6221 • Culinarypainting occupancyg I • Phase 9 aintin and ceilings i • Area B East Stairwell improvement • Area D Restroom Improvements Schedule Status:Phase 6 completion revised to November 1,2015 Scheduled Milestones In Progress RR's Phase Start Milestone % Complete Last Period . t% 4 4-5-13 11-18-14 100% This Period 14 1141„ u III°i �1 I �I” 17 it fV E I i Ii 5 6-1-14 08-21-14 98% en RFI 's 01 1° Illi it h li�ll9�ly I�r iilli� `"Ili d°I' " 6 11-1-15 11.01-15 99% Phase 9 Student Stare 7 5-15-15 08-20-15 98% Total To-Date 778 8 3-01-15 08-20-15 96% 9 6-01-15 12-18-15 65% Bruce Walter,Project Manager I i I Arera 8 Main Ent October 2015 Change Order Report, KHS Wilson, Other Projects... Page 192 of 197 C ro N 0 to Kodiak lBorough Project Budflet Status Period Ending October 31,2015 ELm to a Anton Larsen Ba bock S 2,1 , S 1,355,268 5 4 ,632 S 3 .b99 Funding:State ofAlaskategisfative Groot($2,000,0001.Denali Commlufon Grunt f$80,000),Wit Matching Funds($20, 1 Fire Pmtwiw Area No.'1 Generator, .. ..... . 155,1 5 63,531 S 11,672 5 7M97 :1(Slf.`til ) ttaf la cram J FourSchool Generators S 1,276,765 $ 1.239,016 $ 21,211 ;$ 15.,53J3 . .Funding:State of Aloska Legls�tive Gmnt(51,27 7fi5) p �KHS Additionand R $ ,4;, 9 5 73,937, $ 4 552103 _......... .1, A97. m Fundiay:crnual Ohl garlan aonds(S7t 9Ai oa9Z state Msla leptti,fhe Gmnu J$7s3$caaJ.a Dods ort d�lh►rJar Ault retm6rusemently the sGm afAlaska. Landfill lateral Expansion Phase I YI and IIB $ 32, $ 26.577,020-$ 1,7iA,38fi $ 3,7 ,593 Funding.Alaska DEC Issans(SI7 463 5481,Remnur Vands(S3,275, ),Alaska DEC Grant($3,000,0 ),State OIAJaska Leg6latlae Grant(57,729. ) in6aJliand R laccrrtetits-Sk schools 5 666 477 I'andiog.General Obllgatlm Bonds f k liands are eAVVejor 7VX rdhawmement by the State OfAlinkm m La rn V AGENDA ITEM ' .9. Kodiak Island Borough Engineering&Facilities Department Projects Dice 1W 710 Mill Bay Road Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 To: Bud Cassidy,Borough Manager Cc: Bob Tucker,E/F Director From: Matt Gandel,Project Manager/Inspector RE: Change Orders for Period Ending October 31,2015 Below is a summary of approved change orders for capital projects for October 2015: Kodiak High School Addition and Renovation Watterson Construction Co.—Contract 2013-24 Change Order#59-$105,013.00 RFP#175—Demo sheet A01.5 required the removal of a free standing concrete block wall adjacent to exterior stair E101.3.After removal,it was realized that the concrete landing and stair treads were constructed after the wall was built.It is required that a concrete wall be replaced adjacent to the landing and stair to prevent erosion of the earthen subgrade they are built on.$10,760.00 RFP#183—The existing exterior area between the Gymnasium and Area D has been deteriorating for many years.Poor drainage caused unforeseen added expenses in Phase 3 basement renovations.Re-grading and paving was held off until the end of the project pending available contingency funds.This area will now receive new paving.$41,443.00 PCO#196—Construction documents identified new penetrations in existing concrete walls and also existing penetrations that were to be in-filled.The locations of these wall penetrations were developed off existing as-builts and new design layouts.After demolition and removal of existing hard lids,existing penetrations shown to be utilized or in-filled differed greatly from what was shown on the a5-builts.Additional penetrations and in-fills were required to complete mechanical installations and structural seismic in-fills.$26,865.00 PCO#201—The response to the various items listed below required additional work.$8,806.00 RFI 680—Remove door 133B(replaces closed PCO 185) RFI 726—Remove and patch floor at the center stair handrail F100A DC 144—Modifies Construction Mezzanine steel base plates where bedrock was encountered. Verbal—Cover the existing FRP on the east wall of D121 with a new layer of drywall Verbal—D121 corridor metal studs,drywall,tape&paint Verbal—D121 paint east wall Change Orders—October 2015 October 2015 Change Order Report, KHS Wilson, Other Projects... Page 194 of 197 AGENDA ITEM #I&B.1. PCO#223—RFI 756 was issued pointing out that Area D Air Handling Units 108&109 share the same outside air intake with only one air monitor.RFI 756 response required that an additional outside air monitor be installed.$4,995.00 PCO 0224—After thoroughly cleaning and removing several containers from the Rezanof parking lot,the paving subcontractor noted additional cracks and deterioration that was not visible when PCO 213(Alternate 11)was submitted and approved.Initial cost for this additional work came in at$32,601.00.After discussing these conditions with Watterson,the cost was reduced significantly. $7,523.00 PCO#230—During the inspection for Phase 7 Temporary Certificate of occupancy,the City of Kodiak Building Inspector noted a requirement that electrical outlets in the Auto Shop are to be GFCI protected.Fifteen circuit breakers were replaced with GFCI breakers.$4,621.00 Change Order U60-$13,514.00 RFP U184—To better accommodate programming needs in Culinary Arts,this PCO is for the purchase of one additional reach-in refrigerator and one additional reach-in freezer.The cost for this change Is being charged to the Equipment line of the budget. Change Order#61-$170,723.00 PCO#245—During the design phase civil engineers surveyed the project site and developed unit quantities for bidding and monitoring unit cost activities.Unit estimates were provided to bidders for Excavation required to establish subgrade and construct foundations(28,000 cubic yards),and Borrow,fill material imported from off-site meeting requirements of Classified Material Type A(9,500 cubic yards).Approximately 25,950 cubic yards of Excavation were required,less than the estimated quantity.Estimated units for Borrow were based on the assumption that existing onsite excavated material would meet the requirements of Class A and be reused on site.At various locations throughout the project,the Excavated material was unsuitable requiring off-site disposal.The total of imported Borrow accumulating over the life of project was approximately 13,640 cubic yards,exceeding the engineers estimate.The cost of the Excavation savings and Borrow ever-run totals$170,723.A thorough audit of invoices resulted in a savings of over$65,000 from originally submitted costs. Peter Busby—Contract 2014-05E Change Order#1—($2,290.00) Deduct for Watterson Construction to assist in the installation of artwork for AIPP Site No.4. Contract completion date is extended to October 1,2015 to reflect changes to project schedule. Wopo Holup—Contract 2014-05G Change Order#1—($31,363.00) Deduct for Watterson Construction to assist in the layout and installation of stainless steel artwork,including hand screeding and additional concrete finishing.($28,454.00) Deduct for additional support angles for stainless steel artwork added by Watterson Construction to ensure adequate support during concrete placement.($2,909.00) Contract completion date is extended to October 1,2015 to reflect changes to project schedule. Change orders-October 2015 Page 2 October 2015 Change Order Report, KHS Wilson, Other Projects... Page 195 of 197 AGENDA ITEM #18.B.1. Landfill Lateral Expansion Phase III CH2M Hill.Inc.—Contract 2007-22 Change Order#21-$114,340.99 This change order increases the contract cost for additional Services During Construction required due to the extended construction period.The majority of the increased costs are to be paid by the general contractor.This change order increases the contract term through December 4,2015. Womens Bay Emergency Shelter Wolverine Supply,Inc.—Contract 2015-21 Change Order#9-$6,626.00 NTE Trace neutral conductors to circuiting at apartment and provide and install new AFCI breakers for electrical panel APT per RFP 2SR-1 and RFI 41.Work to be performed on a Time and Materials basis with a Not to Exceed amount of$6,626.00.Daily time sheets,materials receipts, and other backup as necessary are required to substantiate final costs.Substantial completion date is extended to October 6,2015 due to lead time for materials related to this change order. Change Order#10-$11,137.28 RFP 21-R1—Provide approximately 280 sf of additional concrete apron at exterior entrance. RFP 24—Relocate electrical panel APT to under-stair closet space in lieu of apartment entryway. Change Orders-October 2015 Page 3 October 2015 Change Order Report, KHS Wilson, Other Projects... Page 196 of 197 0 a w R cn 0 Kodiak Island Borough 03 emit�rlvruuura'. aaoaNYpm� � P'maGwePp' 1AtemCecx':U.B„,7UB� m d ,dux Ip Po'pr'SCBudGl drNrie#YP �� '�, q;N'flB RI�� pB�„',pq',§ � 7,YxUdVVtt) � mrmr��wrmmmm - � .00, ta8k 62wnn W&Pisdwacamtm'x'u �aWBJ�INA "PPM''% m�m�llltaJt .A s % ay!6 hYBe W#I�B�9 a NX...�a� &8IPm'I�b�o 6 �W i �'� A4tthrr'i� umH.B.fu'M 0 �i&PIX21flmm`L0.V 'tl b4P U.dkR .. 5 �S esBeeuJ!_ �uPr o-'�eg�,r warcpma oma orammw a raamicv.rcrmmw:¢wuwx r n'rmuwenm.w'ww aru ��wwk�mrvm V�rwr re ;r,ym.;ry�m immPfi•mm�u•,�mirouun¢u�wvw w,nw mew da a w;�Bp,5 hwOW,pm,nti',,mnrc&.m— ja,¢w.aaumwam�uua Caw•�nmpxonmlpumn�'Jnrap�sm a:mrcmnf�mmcprimmsicrvmmmc mmm manmr,PiCgwn,m@'mm aµy�m auxrmu•nnd'�crtrvromnul�rrcwwlp �lrc,fam'mVm I�vrcrpmrmumimrmumwviumnnureowruvcm,iCammnnnl nell�6�a'awe•imrmrWwwm,pnW'N aarumJP,ar uweC iCb,�r,M ilPwmµ'iw•IMimmaw«rtmrd;Pwr WnrttaC✓�mllnecee eH IX:lmn,nirvnxrrowmrc iGemrou•w,w�,q,uxnlU'Ww alt. to rnto O � ca m W V Kodiak Island Borough Assembly Regular Meeting Guidelines December 17, 2015, 7:30 p.m., Borough Assembly Chambers 1:'°11,,,JE,ASI�HlANNOUNCE:: IPleast,..! renianiobeir to� turn off' riinfers lo,n yourcell iptiaines lo,r ipiut t!'miirii lo,n vibrate. 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 AND CONSENT AGENDA All items listed with an asterisk (°JIIE) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of November 5, 2015 and December 3, 2015 and Special Meeting Minutes of November 12, 2015. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION S. APPROVAL OF MINUTES A. Regular Meeting Minutes of November 5, 2015 and December 3, 2015 and Special Meeting Minutes of November 12, 2015. AWARDS AND PRESENTATIONS A. Engineering and Facilities Department Update • Landfill Update • HS Project Update Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 1 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. l l a �a a'sk °Malar: to;: 1... sign IiIV's 2. sty,to their irnairne for rhe record . turrn on the in-iikmroll 'linin , Iblefoure spealk'ing a. COMMITTEE REPORTS . PUBLIC HEARING 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. Recommended motion: Move to adopt Ordinance No. FY2016-07. Staff Report— Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL_CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 2 B. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. Recommended motion: Move to adopt Ordinance No. FY2016-09. Staff Report—Manager Cassidy Clerk's Note: Attached on @0 paper is the substituted version of Ordinance No. FY2016-09. Recommended motion: Move to amend Ordinance No. FY2016-09 by substitution. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts— None. B. Resolutions— None. C. Ordinances for Introduction 1. 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). Recommended motion: Move to adopt Ordinance No. FY2016-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report—Manager Cassidy Assembly discussion ROLL CALL VOTE ON MOTION 'Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 3 2. 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. Clerk's note:A corrected version is attached on yellow paper. Recommended motion: Move to adopt Ordinance No. FY2016-11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Deputy Clerk MacKenzie Assembly discussion ROLL CALL VOTE ON MOTION D. Other Items 1. Mayoral Appointment to the Planning and Zoning Commission City Seat of Mr. Barry Altenhof. Recommended motion: Move to confirm the Mayoral appointment of Mr. Barry Altenhof to the City Seat on the Planning and Zoning Commission for a seat to expire December 31, 2018. Staff Report— Deputy Clerk MacKenzie Assembly discussion ROLL CALL VOTE ON MOTION 2. Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. Recommended motion: Move to approve Assembly direction regarding formatting of repealed sections and subsections in the Kodiak Island Borough Code. Staff Report-- Deputy Clerk MacKenzie Assembly discussion ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 4 14� EXECUTIVE SESSION A. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Cases. Recommended motion: Move to convene into executive session to discuss litigation,trial strategies, and tactics regarding the Markham Cases. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Borough Mayor, Assembly, Manager, Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. 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 received an update on litigation and discussed strategies and tactics with the Borough Attorney regarding the Markham case and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. Any settlement agreement would require the Assembly to 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. l�° IIIeam i�.., ask SII ieanlm:ellrrs to°: 1. sign 1111111 Eatate tli'm lir la°maiaiiie Iinr t!hie ur'eccllyd . tullrin or-iii the mn iicumoplU°Il m°,mime! bm„:foiire sl', ealldinu ",i Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 5 16. ASSEMBLY MEMBERS' COMMENTS Announcements—Mayor Friend The Mayor and a quorum of Assembly members may be in attendance of a Community Reception for Governor Walker on Monday, December 21, 2015 at 5 p.m. at the Afognak Native Corporation Building on Near Island. The Assembly will hold a work session on Tuesday, December 29 at 7:30 p.m. in the Borough Conference Room. The Assembly will hold its next regular meeting on Thursday, January 7 at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines December 17, 2015 Page 6 .. Z w ..' UUP C C W a N '- Qs O a ! N N c E .c ❑ O �. 'c Z ,,,.am G C] S c c E qui ('IL.N...I J �- iL O tl� O m �- O a �. ¢ L V U r CL m 0 U) �r F- 5. ?• W to .: ` � i L ` d • ..,,, W ❑ Q '^ WCL = c c cI x O L, p i N C J Z o ® c a c Q O U J fr U] f!! `,a) 0 Q �� i- N V v pp F- 9' LU L L L L Ip L L• IY"" O Cr .. O p �, Ir z � 91JU cr � , .... L m LU z >- � W _aw CL n y a ' a. a6 v U) D a' N cCc CD x O L ® c V c as OU ® U d Cl)cr) pO( U) , , 0 w:EO w „ ` LV a�- ma us E EL Z ... rN CD 2 M N.Q ". .. ....... ....... ........ . c ® 3 O n�, Q C ` C C IIS aCL D N aD O m ,, ,;8 rh E2 O C Y O o ® fly LL o � E, CL rDJ R,,,, L.} U J a OC CO V} V} v ti w . ..... ��. �...,, ... � �. O O �... 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E w LII } a 0 71Z 1� IX" Cr3 Cl) y, L > I v ................................. 0 0 r C) m N -a c E a� '° to °� a ma v c c us ma� > cc c Z O ® Y E _I o tu avi 75 >as Q cc a0 o V U IL cn U) ~ U 0 oC m u3 2 2 2 F— KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of® 8 Please PiFtU our name Please F::1111°t1NT your name i ........... HIM flihi . .. ......... immi . ........................... i i 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 December 17, 2015, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, January 7, 2016, at 7:30 p.m. in the Borough Assembly Chambers. RECEIVED an Update From the Engineering and Facilities Department Regarding the Landfill by Construction Inspector/Engineer Dave Conrad and High School Project by Project Manager/Inspector Matt Gandel. POSTPONED 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 to the Next Regular Meeting of the Assembly. AMENDED, ADOPTED Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. ADVANCED 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) to Public Hearing at the Next Meeting of the Assembly. ADVANCED 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 to Public Hearing at the Next Meeting of the Assembly. CONFIRMED the Mayoral appointment of Mr. Barry Altenhof to the City Seat on the Planning and Zoning Commission for a seat to expire December 31, 2018. APPROVED the Assembly Direction Regarding Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. CONVENED Into Executive Session to Discuss Litigation, Trial Strategies, and Tactics Regarding the Markham Cases and INVITED the Borough Mayor, Assembly, Manager, Assessor, Borough Attorney Via Teleconference, and Clerk’s Office Staff Into Executive Session. Mayor Friend ANNOUNCED that the Assembly Gave Direction to the Attorney on How to Proceed With the Case(s). Vol. FY2016, No. 13 December 18, 2015 Kodiak Island Borough Assembly Newsletter