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2017-12-07 Regular MeetingPage 4-25 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 7, 2017, 6:30 p.m., Assembly Chambers INVOCATION 2. PLEDGE OF ALLEGIANCE K�Ti744UOTTAM 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 A. *Regular Meeting Minutes Of September 7, September 21, and October 4, 2017. Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS A. Bayside Fire Department Update - Chief Howard Rue 8. COMMITTEE REPORTS 9. PUBLIC HEARING 26-70 A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 -Multifamily Residential District To R1 -Single -Family 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 www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 1 of 132 Residential District (P&Z Case No. 18-002). Ordinance No. FY2018-32 and Back-up - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 71 -85 A. Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak Building Inspection MOA - Pdf B. Resolutions 86-89 A. Resolution FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year Lease. Output Document (AS - 0713) - Pdf C. Ordinances for Introduction D. Other Items 90-96 A. Alaska Research Consortium Request for Funding Alaska Research Consortium Request for Funding - Pdf 97 B. 'Approving Memoranda Of Understanding For Non -Profit Funding Output Document (AS - 0705) - Pdf 98-99 C. 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule Output Document (AS - 0663) - Pdf 100-108 D. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, 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 www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough k 91 www.kodiakaus Page 2 of 132 and Villages. 2017 ASSEMBLY APPOINTMENTS Output Document (AS - 0711) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 109-126 A. Architectural/Engineering Review Board Regular Meeting Minutes Of October 4, 2017; Fire Protection Area No. 1 Board Regular Meeting Minutes Of September 26, 2017; Parks And Recreation Committee Regular Meeting Minutes Of August 22, 2017, September 18, 2017, And September 26, 2017; Planning And Zoning Commission Regular Meeting Minutes Of September 20, 2017; And Womens Bay Service Area Board Regular Meeting Minutes Of October 3, 2017. Minutes B. Reports 127-132 A. October 2017 Projects Status Report, Project Budget Status, Change Orders, Project And Contingency Budget Detail, And Bonds Projects Summary. October 2017 Projects Reports 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 www.facebook.com/Kodiakislandborouch© @KodiakBorough .k wwwodiakak.us 91 Page 3 of 132 AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 7, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 7, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matt Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. LEDOUX moved to excuse Assembly member Crow and Skinner who were absent due to personal leave or personal circumstances. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Rebecca Skinner was detained due to a flat tire and she arrived shortly after she was excused. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VAN DAELE moved to amend the agenda to address item 9b before item 9a. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of July 20, 2017 and August 3, 2017, and the special meeting minutes of July 11, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Lorna Arndt spoke about a perceived conflict of interest in regards to Assembly member Van Daele. Judi Kidder thanked the Assembly and the Kodiak community for their help during the Bells Flats flooding over the weekend. She also talked about the beginning of the school year. Andy Finke thanked the Borough with their help during the flooding at Bells Flats. Kodiak Island Borough September 7, 2017 Assembly Regular Meeting Minutes Page 1 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 4 of 132 AGENDA ITEM #5.A. Tasha Simpler expressed her ideas about the safe crosswalk for the pedestrians. Jeff Stewart spoke about his opposition in regards to repealing the senior exemption. Alan Schmidt as President of the Board of the Hospice and Palliative Care of Kodiak thanked the Assembly for their future help for their organization. Barbara Zimmerman spoke about her opposition in regards to repealing the senior exemption. Bernadette Deplazes thanked the Assembly for their help during the flooding at Leta Street. She also said that the senior exemption should be kept. Jonathan Strong with the Kodiak Area Mental Program spoke about the non-profit funding and gave further detail about what their organization do and how their camp can help the community. He also thanked the Assembly for their support. AWARDS AND PRESENTATIONS Finance Director Dora Cross, provided a brief presentation on the FY2017 Budget -To -Actual Year -End Review. COMMITTEE REPORTS None. PUBLIC HEARING Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning) Broadening Animal Control Laws, Creating An Urban Agricultural Use And Establishing The Use As Permitted In The R1 -Single -Family Residential, R2 -Two -Family Residential, and R3 -Multi -Family Residential Zoning Districts, And Establishing General Agricultural Activities As A Permitted Use In The RR -Rural Residential Zoning District. VAN DAELE moved to adopt Ordinance No. FY2018-03 Ordinance No. FY2017-17 was passed in October 2016, placing a moratorium on the enforcement of land use regulations prohibiting the keeping of chickens and other small animals useful to people. P&Z and staff were directed to review Titles 6 and 17 and provide proposed changes to the Assembly. Several P&Z work sessions (February, March, June, and July) and two public meetings (March and May) had been held to discuss urban agriculture in Kodiak. After a public hearing in July, P&Z voted to forward Ordinance No. FY2018-03 to the Assembly for consideration and approval. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 2 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 5 of 132 AGENDA ITEM #5.A. Based on discussion at the Assembly's work session on August 10, 2017, staff had made minor modifications to the proposed ordinance in relation to "domesticated animals". These changes were highlighted on the updated ordinance document and were incorporated at the August 17th meeting. VAN DAELE moved to amend Ordinance FY2018-03 using Version 2 of the Ordinance to insert the following statements after the 91h "Whereas" Statement: "WHEREAS, the Kodiak Archipelago, including our residential areas, is recognized as being a success story for human coexistence with Kodiak brown bears, and WHEREAS, for the continued safety of our residents and neighborhoods it is essential for human -created attractants to bears (such as livestock pens) be properly secured and maintained; and" and to amend line 125 to replace the words "adverse impacts" with "threats". SKINNER moved to split the amendment to address the amendment to line 125 separately. ROLL CALL VOTE TO SPLIT THE AMENDMENT CARRIED FIVE TO ONE: LeDoux, Skinner, Symmons, Townsend, and Van Daele (Ayes); Smiley (No). ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. ROLL CALL VOTE ON THE MOTION TO AMEND LINE 125 FAILED ONE TO FIVE: Symmons (Ayes); Smiley, Townsend, Van Daele, LeDoux, and Skinner (Noes). Mayor Rohrer opened the public hearing. Judi Kidder said that electric fences should not be mandatory and should be on a case by case basis. She also differentiated between adverse impacts and threats. Kathleen Aboussleman spoke about past zoning issues in her neighborhood on Shahafka. She also expressed her opposition regarding Ordinance FY2018-03 and how bears were never a threat to their chickens unlike the eagles. Nate Svoboda addressed the Ordinance FY2018-03 and strongly encouraged the Assembly to adopt the use of electric fences and he discussed bear behaviors. He also mentioned that the Department of Fish and Game was willing to help the community determine which electric fences to use. Jeff Stewart encouraged the Assembly to take electric fences in to heavy consideration before passing Ordinance FY2018-03. Joe Macinko spoke about an early season bear hunt on the road system that was suggested by his friend and also stated that electric fences would not keep everyone safe. Wayne Aboussleman expressed his opposition to Ordinance FY2018-03. He stated that Bears were not a problem to his chickens, but bears getting in to the trash were a problem. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 3 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 6 of 132 AGENDA ITEM #5.A. Larry Van Daele thanked the Assembly for giving him the opportunity to speak at their August 3111 work session. He said that he supports sustainable Kodiak. He also said that electric fencing was the most effective way to keep bears from attacking small livestock, but that it should not be required. Chris Ford, owner of Bells Flats Poultry said that electric fencing should be up to the owners' discretion and should also be on a case by case basis. Barbara Zimmerman was opposed the idea of Ordinance to No. FY2018-03 mandating everyone to have electric fences for their chickens. Malina Holmes she spoke about her opposition to Ordinance FY2018-03 and said that electric fences should not be mandatory. Samantha Aboussleman said that she never had issues with her chickens being attacked by bears. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, LeDoux, Skinner, and Smiley. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). TOWNSEND moved to adopt Ordinance No. FY2018-02 The Borough had noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, 132 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 4 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 7 of 132 AGENDA ITEM #5.A. Mayor Rohrer opened the public hearing Paul VanDyke thanked Mayor Rohrer and Mark Anderson. He also expressed his approval of the Ordinance FY2018-02. Jeff Stewart noted that he felt Ordinance FY2018-02 was a good idea, but was concerned about sewage capacity and some areas of the community that were not built for high density residential zoning. He also asked the Assembly to take the Ordinance FY2018-02 into consideration. Mayor Rohrer closed the public hearing and reconvened the meeting. Mayor Rohrer re -opened the public hearing. Scott Arndt spoke in opposition to Ordinance FY2018-02. He said that it was not designed for spot zoning throughout the district and not all lots were built for high density population. Judi Kidder suggested that an option would be to reduce the minimum lot size but that the RSL zoning district should stand alone as it is. Mayor Rohrer closed the public hearing and reconvened the meeting. SMILEY moved to amend Ordinance No. FY2018-02 to RR1 and RR from the application. SMILEY moved to withdraw his motion. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. VAN DAELE moved to postpone Ordinance No. FY2018-02 to the September 21 regular meeting of the assembly and to hold a second public hearing at that time. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Van Daele, LeDoux, Skinner, Smiley, and Symmons (Ayes); Townsend (No). BOROUGH MANAGER'S REPORT • Talked to the lobbyist regarding hurricanes Harvey and Irma and the salmon disaster. • Bells flats' flooding was controlled for the present. • Bayside Fire Department received an Aid to Firefighters Grant. • Rural forum would be coming up in two weeks. • Working with the hospital regarding a sublease agreement. • Employees on personal and sick leave. • Met with new business representative for the union represented employees. MESSAGES FROM THE BOROUGH MAYOR - None UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 5 of 8 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 8 of 132 AGENDA ITEM #5.A. NEW BUSINESS Contracts 1. Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 SKINNER moved to authorize the Manager to sign Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017. On April 6, 2017 the Assembly authorized a 90 day extension of the lease agreement with Providence Health & Services for occupation of the Borough owned building space known as the Counseling Center. Borough and Providence staffs have been unable to meet for discussion of facility needs and terms for a new lease agreement and respectfully requested a further extension of the existing lease through December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Resolutions Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non -Profit Funding VAN DAELE moved to approve Resolution No. FY2018-11. The Assembly appropriated $40,000 in the FY18 budget for small competitive grants to non- profit organizations. This resolution distributes non-profit funding according to the August 31, 2017 work session discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. Ordinances for Introduction Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. Ordinance No. FY2018-04B was approved under the consent agenda. Upon further review of the ordinance, the following changes were being recommended: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 6 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 9 of 132 AGENDA ITEM #5.A. Other Items None. CITIZENS' COMMENTS Jonathan Strong thanked the Assembly for their support in regards to the Resolution FY2018- 11. Jeff Stewart spoke about the Ordinance FY2018-02 and expressed his suggestions. ASSEMBLY MEMBERS' COMMENTS Announcements Mayor Rohrer announced that the Assembly would hold a joint work session with the City of Kodiak on Wednesday, September 13, 2017 at 7:30 p.m. in the City Public Library and a regular work session on Thursday, September 14, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, September 21, 2017 at 6:30 p.m. in the Borough Assembly Chambers. He reminded the public that absentee voting for the upcoming election would be available in the Clerk's Office starting on Monday, September 18 until Monday, October 2nd from 10 a.m. to 4 p.m. Assembly member Townsend appreciated the discussion. Assembly member Symmons thanked the citizens who show up regularly and also the staff exercising their citizens' rights. Assembly member LeDoux thanked the manager for his leadership during the flooding. He said that the Community requires leadership and appreciated what the Borough did over the weekend. He also talked about writing a letter to our Senators to not forget Kodiak when they start to allocate disaster funds. He also appreciated people who took time to slow done during school zone. Assembly member Skinner announced that there would be a joint work session with the City Council on September 13th and she encouraged the public to speak about ADUs. Assembly member Van Daele appreciated the public speaking in regards to the flooding and also expressed his sympathy to the affected citizens. ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:28 p.m. Kodiak Island Borough September 7, 2017 Assembly Regular Meeting Minutes Page 7 of 8 `Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 10 of 132 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 8 of 8 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 11 of 132 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 21, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 21, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Laurie Pardoe, and Assistant Clerk Karen Siador. SYMMONS moved to excuse Assembly member LEDOUX who was absent due to travel for the Kodiak Island Borough School District. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of August 17, 2017 and special meeting minutes of August 31, 2017 were approved under the consent agenda. CITIZENS' COMMENTS None. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Fire Chief Howard Rue presented a 6 month report for the Bayside Fire Department. Assembly member Crow reported about Kodiak Fisheries Work Group. He also stated that Assembly member Matt Van Daele had resigned due to personal work demands. Kodiak Island Borough September 21, 2017 Assembly Regular Meeting Minutes Page 1 of 7 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 12 of 132 AGENDA ITEM #5.A. Assembly member Skinner said the Parks and Recreation Committee meeting scheduled earlier this week was canceled due to lack of quorum. Their next meeting will be on September 26 at 6:30 p.m. and the Kodiak College Advisory Council will hold a meeting on October 19 at 7 a.m. at the Kodiak College. Mayor Rohrer announced that the Borough Lands Committee meeting will be held on October 41h at noon. PUBLIC HEARING Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority, And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. TOWNSEND moved to adopt Ordinance No. FY2018-04B. Upon further review of the ordinance, the following changes were being recommend: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Mayor Rohrer opened the public hearing. Hearing and seeing none Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). The motion already on the floor was "to adopt Ordinance No. FY2018-02." This ordinance was postponed to September 21 from the September 7 meeting. The Assembly also decided to hold another public hearing on this ordinance. The Borough had noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 2 of 7 `Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 13 of 132 AGENDA ITEM #5.A. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, R2 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Mayor Rohrer opened the public hearing. Kathleen Ballenger said that she supports the Ordinance No. FY2018-02 as is, but if changes were made, she was going to oppose it. Jeff Stewart spoke in opposition to Ordinance No. FY2018-02 Jason Zill spoke in support to Ordinance No. FY2018-02. Kevin Arndt spoke in support to Ordinance No. FY2018-02, but was opposed to the acre size for the proposed Ordinance. Scott Arndt spoke about his proposed changes to Ordinance No. FY2018-02. Les Dans spoke in opposition to Ordinance No. FY2018-02. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Townsend, Van Daele, and Crow (Ayes); Smiley (No) BOROUGH MANAGER'S REPORT - Spoke about the Rural Forum - City of Port Lions was thankful to Bayside Fire Chief Rue - Acknowledged local government specialist Jane Barr's presence MESSAGES FROM THE BOROUGH MAYOR - Attended the rural forum yesterday, September 20 at the Kodiak College. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 3 of 7 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 14 of 132 AGENDA ITEM #5.A. Assembly member Van Daele resigned from the Kodiak Fisheries Work Group (KFWG) due to job constraints Temporary appointing Assembly member Smiley to KFWG. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). SMILEY moved to advance Ordinance No. FY2018-08 to public hearing at the next regular meeting of the Assembly. This property zoned R1 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant recently purchased this land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, and Crow. 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single -Family Residential District to B -Business District (P&Z Case No. 17-029). VAN DAELE moved to advance Ordinance No. FY2018-09 to public hearing at the next meeting of the Assembly. This property zoned 131 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B -Business. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 4 of 7 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 15 of 132 AGENDA ITEM #5.A. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road has long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission voted 5-2 in favor of this rezone. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, Skinner, and Smiley. Other Items Appointment to the Providence Kodiak Island Medical Center Community Advisory Board (Major David Davis and Ms. Mary Jane Pediangco). VAN DAELE moved to voice non -objection to the re appointments of Major David Davis and Ms. Mary Jane Pediangco to the Providence Kodiak Island Medical Center Community Advisory Board for terms to expire December, 2019. Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, Skinner, Smiley, and Symmons. 2. Approval of the October 3, 2017 Regular Municipal Election Workers SMILEY moved to appoint the election officials in each precinct for the upcoming October 03, 2017 Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC 7.30.010 Election Officials, The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvas board deserve appreciation for their commitment to the voters of the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Skinner, Smiley, Symmons and Townsend. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 5 of 7 *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 16 of 132 AGENDA ITEM #5.A. 3. Appointment to the Solid Waste Advisory Board Business Representative Seat (Mr. Levi Fehrs). VAN DAELE moved to confirm the mayoral appointment of Mr. Levi Fehrs to the Solid Waste Advisory Board Business Representative Seat to expire December 2018. There was a vacancy on the SWAB Board Retail Business Representative seat and this seat had been vacant since August 2014. An application was received from Mr. Levi Ferhs on August 18, 2017 for this seat. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Assembly Approval Of A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. CROW moved to approve A Joint Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele and Crow. CITIZENS' COMMENTS Kate Ballenger commended the staff during the absentee -in-person voting. Scott Arndt stated that he does not have any financial connection with Kevin Arndt. ASSEMBLY MEMBERS' COMMENTS Assembly member Skinner will be going to Cold Bay for Kodiak Aleutians Regional Council related to subsistence. She also stated that absentee -in-person voting was great and handy option. Assembly member Crow encouraged the public to check their house numbers and make sure it is visible from the street and asked for any volunteers for the Bayside Fire Department. He welcomed Jane Barr's presence and also thanked the election workers and the new members of the boards. Mayor Rohrer acknowledged Assembly Member Van Daele's effort that he had made for Kodiak Fisheries Work Group. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 6 of 7 "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 17 of 132 AGENDA ITEM #5.A. Assembly member Van Daele thanked the mayor and the clerks. Assembly member Symmons acknowledged staff for their hard work and talked about the rural leadership forum. Assembly member Smiley was pleased about the letter for the Board of Fisheries Assembly member Townsend thanked Chief Rue for helping the community of Port Lions and congratulated him for the grant that Bayside Fire Department was awarded. He also thanked the mayors for putting together the letter for the Board of Fisheries. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, September 28, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, November 2, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Mayor Rohrer also announced that absentee voting for the upcoming election will be available in the Clerk's Office until Monday, October 2nd from 10 a.m. to 4 p.m. ADJOURNMENT The meeting was adjourned at 8:12 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough September 21, 2017 KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Assembly Regular Meeting Minutes Page 7 of 7 `Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 18 of 132 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting October 5, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on October 5, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. TOWNSEND moved to excuse Assembly member Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA VAN DAELE moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Scott Arndt spoke on behalf of the Planning and Zoning Commission regarding Resolution No. FY2018-10. Judi Kidder spoke concerning Resolution No. FY2018-10 and suggested zoning part of the parcel for residential use and retaining the use of the Woody Way Field would be a compromise for both sides. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the Month of October 2017 as Domestic Violence Awareness Month. Accepting the proclamation on behalf of the Kodiak Women's Resource and Crisis Center was Outreach Coordinator Beth Davis. PKICC Director Mary Guilas-Hawver delivered a presentation on behalf of Providence Kodiak Island Counseling Center. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 1 of *Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 19 of 132 AGENDA ITEM #5.A. Assembly member LeDoux reported on the September 27 meeting of the Kodiak Fisheries Work Group and briefly highlighted some their agenda items going forward. Bayside Fire Chief Rue reminded the public of the upcoming Fire Prevention Week. He encouraged people to check their fire smoke detectors, and ensure that their home address numbers are clearly visible from the street. He invited the public to attend the events at Bayside Fire Station and encouraged those who are interested to become volunteer firefighters. PUBLIC HEARING 1. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). TOWNSEND moved to adopt Ordinance No. FY2018-08. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant had recently purchased the land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. Mayor Rohrer opened the public hearing. Sandy Pherson spoke in opposition to Ordinance No. FY2018-08. Jason Waggoner spoke in opposition to Ordinance No. FY2018-08. Neal Cooper spoke in opposition to Ordinance No. FY2018-08. Kavik Anderson spoke in opposition to Ordinance No. FY2018-08. Mayor Rohrer closed the public hearing. VAN DALE moved to postpone Ordinance No. FY2018-08 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Crow, Smiley, Symmons, and Van Daele (Ayes); LeDoux and Townsend (Noes). 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single - Family Residential District to B -Business District (P&Z Case No. 17-029). SMILEY moved to adopt Ordinance No. FY2018-09. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 2 of "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 20 of 132 AGENDA ITEM O.A. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant had recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B - Business. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission had voted 5-2 in favor of this rezone. On September 22, 2017 the clerk's office mailed 26 Public Hearing notices. Six public hearing notices were returned. Mayor Rohrer opened the public hearing. Jason Waggoner spoke in opposition to Ordinance No. FY2018-09. Kavik Anderson spoke in opposition to Ordinance No. FY2018-09. Mayor Rohrer closed the public hearing. VAN DAELE moved to postpone Ordinance No. FY2018-09 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Smiley, Symmons, Van Daele, and Crow (Ayes); LeDoux and Townsend (Noes). BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Long Term plan for the Landfill • Identifying and scheduling future agenda items • Administrative Assistant position advertised • Addressing parking issues and design services for projects at the hospital • Met with City staff • Bayside Fire Department • Audit process • Crossing guards and safety around school sites MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • The Alaska Travel Industry was actively meeting in town thanks to the efforts of Discover Kodiak • He met with Mayor Branson to discuss joint lobbyists • He complimented the Clerk's office on a well-run election Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 3 of "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 21 of 132 AGENDA ITEM #5.A. UNFINISHED BUSINESS None. NEW BUSINESS Contracts Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. VAN DAELE moved to approve Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. The Kodiak Island Borough had --in conjunction with the Natives of Kodiak and the City of Kodiak (referred to as the "Coalition") --been awarded a total of $600,000 in U.S. EPA funding to identify and begin assessing Brownfield sites within the archipelago. As the administrator of the grant funding, the Borough solicited RFPs using the procurement process outlined in KIBC 3.30.110. Stantec Consulting Services Inc. was selected by the Coalition to provide grant administration and other professional services related to the Brownfield Grant. The contract amount of $571,190 was comprised solely of U.S EPA grant funds. The remaining $28,810 in U.S. EPA grant funds would be used by the Borough to cover administrative costs incurred by Community Development Department staff related to this Brownfield project. This contract had been vetted by legal counsel for both the Borough and Stantec Consulting Services Inc. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Resolutions Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). SMILEY moved to adopt Resolution No. FY2018-10. In August 2016 the Borough Resource Management Officer submitted an Administrative Request for a Title 18 Land Disposal Review by the Planning & Zoning Commission, in response to the Assembly's direction at its August 25, 2016 Work Session to the Community Development Department to stop work on the Killarney Hills Master Plan process. The case (Case No. 17-011) was placed on the October 2017 Regular Meeting agenda. Staffs recommendation was to retain the parcels in question. The case was postponed from October 2016 to February 2017, then from February 2017 to April 2017, then from April 2017 to August 2017 by the Planning & Zoning Commission. Based on staff recommendations, public comments on the importance of the recreational space to the community, and the fact that a master planning process had been started for the parcels, but had not yet been completed, the Commission voted to recommend retention of the parcel (unanimous vote) at their August 2017 Regular Meeting. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 4 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 22 of 132 AGENDA ITEM #5.A. VAN DAELE moved to amend Resolution No. FY2018-10 to direct staff to initiate the public planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and include multiple residential and business options and densities while retaining the field itself and have a draft implementation plan ready for discussion at the November 30 work session. VAN DAELE moved to withdraw his amendment. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Townsend and Van Daele (Ayes); Symmons, Crow, LeDoux, and Smiley (Noes). Ordinances for Introduction None. Other Items Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). VAN DAELE moved to confirm the mayoral appointment of Mr. David Anderson to the Borough Lands Committee ANCSA Representative Seat to expire December 2018. There was a vacancy on the Borough Lands Committee ANCSA Representative seat and an application from Mr. David Anderson was received on September 25, 2017 for this seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. 2. Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. VAN DAELE moved to confirm the temporary mayoral appointment of Assembly Member Scott Smiley to the Kodiak Fisheries Work Group. On September 19, 2017 the Clerk's office received a letter from Assembly Member Van Daele, asking that another Assembly member assume his seat on the Kodiak Fisheries Work Group. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ZERO: Van Daele, Crow, LeDoux, Symmons, and Townsend. Mr. Smiley did not vote. CITIZENS' COMMENTS Rich Walker spoke concerning Resolution No. FY2018-10 and the possibility of doing a land exchange with the City of Kodiak. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 5 of "Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 23 of 132 AGENDA ITEM #5.A. Kate Ballenger wanted to know why she was unable to watch the Assembly meeting online that evening, thanked the members of the Assembly and staff for serving the community, and suggested that it would help to minimize discussion at Assembly meetings if some of the issues were fully vetted at work sessions. Juid Kidder thanked Clerk Javier and volunteers for a smooth election and expressed interest in idea of a land swap with the City of Kodiak. Jeff Stewart spoke regarding mental health in the community. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend thanked those who ran for public office, offered his condolences to those who won, and stated that he looked forward to them serving in his place. Assembly member Symmons hoped to meet with Chiniak again, hoped that rock extraction discussions in some of the rivers and creeks could be brought up in discussion soon, congratulated the newly elected officials, and urged the Assembly to pursued investigations toward consolidation of governments. He thanked Jenny Clay for her years of service to the Borough. Assembly member Crow discussed Assembly process. Assembly member Van Daele thanked voters, election workers, and those who ran for seats. He looked forward to working with the newly elected assembly members. He stated that he would be working on a resolution to bring forward concerning the Killarney Hills Subdivision. Assembly member LeDoux spoke of a recent community meeting on education that he attended in Port Lions. He stated that he was pleased with the election. He expressed his belief in wisdom of a group and was satisfied with the Assembly process of arriving at vote. He congratulated the volunteer school crossing guards for keeping community safe and voiced appreciation for drivers who slow down for school zones. He thanked the Manager Powers for helping supply gear to equip crossing guards. Assembly member Smiley thought the election went well and was please with the number of candidates. Announcements The Assembly will hold a work session on Thursday, October 12, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, October 19, 2017 at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION Real Property Negotiations And Strategies Regarding the Providence Counseling Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 6 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 24 of 132 AGENDA ITEM #5.A. Center Officers. VAN DAELE moved to convene into executive session to discuss Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers, a subject that qualifies for executive session as a matter that the immediate public knowledge of which, would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Symmons, Townsend, and Van Daele. VAN DAELE moved to invite the Mayor, Assembly, Borough Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from Executive Session, Mayor Rohrer reconvened the regular meeting and announced that no action was to be taken as a result of the executive session. ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:55 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 7 of 'Regular Meeting Minutes Of September 7, September 21, and October 4, 20... Page 25 of 132 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 7, 2017 t. ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 - Multifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). ORIGINATOR: Jack Maker RECOMMENDATION: Move to adopt Ordinance No. FY2018-32. DISCUSSION: This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District. The subject parcel is the former site of Jackson's Mobile Home Park. In 2015, zoning compliance was issued to change the use from a mobile home park to residential (BZ2015-096). The applicant is nearing completion of extinguishing the mobile home park use and has received preliminary approval for subdividing the parcel to create twenty-one lots and one large tract to be further subdivided in the future. This rezone request is the next step in the applicant's effort to prepare the lots to be offered for sale to the public for residential development. The applicant desires to limit development in the proposed subdivision to single-family dwellings and associated incidental and subordinate uses. Accordingly, a rezone from R3 -Multifamily Residential District to R1 -Single -Family Residential District is requested. The Planning and Zoning Commission held a public hearing on this rezone request at their August 16, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. This item was postponed at the November 2, 2107 Regular Meeting due to inadequate public notification and the item was postponed to the December 7, 2017 Regular Meeting. 42 Notices were sent out on 11/03/2017 by the Clerk's Office. Two notices were returned. On November 21, 2107 a brief memo was provided by the Community Development Director outlining considerations for the Assembly relating to the potential requirement of a public access easement across the property; a suggestion that was provided during public comments during the November 2, 2017 public hearing. ALTERNATIVES: 1. Take no action. 2. Reject the Planning & Zoning Commission's recommendation to approve. FISCAL IMPACT: Although no direct fiscal impact will result from this rezone, the pending subdivision and future development of the newly created lots will likely result in an increase in tax revenue. OTHER INFORMATION: A combination of buildings and uses that are not consistent with R1 -Single -Family Residential District zoning are currently situated on the parcel (multiple single-family dwellings and mobile home storage). Those buildings and uses are remnants of the mobile home park use that is being extinguished. To address those inconsistencies, the rezone ordinance includes an Kodiak Island Borough Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 26 of 132 AGENDA ITEM #9.A. * _ KODIAK ISLAND BOROUGH STAFF REPORT a DECEMBER 7. 2017 ASSEMBLY REGULAR MEETING effective clause that will ensure all structures and uses are brought into compliance with Title 17 (Zoning) of the Borough Code prior to the rezone becoming effective. Kodiak Island Borough Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 27 of 132 AGENDA ITEM #9.A. PUBLIC HEARING FORM Ordinance No. FY2018.32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamlly Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). { This is in support of Ordinance No. FY2018-32' + r ;Y FTJ f ❑ This is in opposition of Ordinance No. FY2018-32. ❑ Other comments. / DEC 1 2017 Name: /mmG1Ancla ICp 9 _ •JEAN, k..' ind Residence Address: Mailing Address: 749 3ok ci7cl Arc o//a e, `I (o / o Comments: I ka✓e- /fid Oj/ecf /nn f� -11+c_ nc zonii�y ore Lcfa S'inG/�/t L-><-aim,'/�• Il fly,:,/� /f LJ/// �� a ✓az-� /%n/Dro, % /%) �-/ -G -/�+ tc�6iR� LKz S fsK: c. re ✓/Ok `lkrb*17- ;-e dec/6'ar/ la s, s / s /c tJiv/ �6U/n rDrzp/s iia �yr our to n, Written comments may be submitted by email to clerks() kodiakak.us. taxed to 907486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday, December 07, 2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 28 of 132 AGENDA ITEM #9.A. PUBLIC HEARING FORM Ordinance No. FY2018.32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18.002). This is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. j ❑ Other comments. r DEC 6 2017 Name: CaniMl(J�'Of YI Residence Address:. 32 �i f ,C Q Mailing Address:_ _p0 ez)X (?7-4-3 99(P/,5r Comments: 1 i M LP, dtL4. m Wdtlen comments may be submitted by email to clerks(a)kodiakek.us, faxed to 907486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. December 07, 2017 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 29 of 132 Memorandum AGENDA ITEM O.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Date: November21,2017 To: Borough Mayor and Assembly Cc: Borough Manager From: Community Development Director RE: Considerations In Requiring an Access Easement on a Rezone Case At its November 2, 2017 Regular Meeting the Assembly held a public hearing for Ordinance No. FY2018-32, rezoning Emerald Isle Estates Subdivision from R3—Multi-family Residential to R1—Single-family Residential. During the public hearing two citizens expressed interest In the Borough requiring public access across the parcel to preserve public access to a beach. In anticipation of discussion on this issue at the November 30, 2017 Work Session staff has put together a brief, high-level narrative of some considerations for the Assembly. Unconstitutional Conditions Doctrine The Unconstitutional Conditions Doctrine prohibits the government from conditioning the grant of a discretionary benefit on an applicant's waiver of a constitutionally protected right. In the case of a public access easement being conditioned upon Emerald Isle Estates LLC in order to grant a rezone, it needs to be determined whether or not full use of his property is a constitutionally protected right, or if the act of conditioning the rezone and limiting private use Is an appropriate use of the Borough's statutorily vested police powers. Takings When discussing land use takings and constitutionality, two amendments to the U.S. Constitution are relevant; the 5" (Takings Clause) and 141° ([Substantive] Due Process Clause and Equal Protection Clause) Amendments. The Takings Clause protects private property against takings for public use without just compensation. The Due Process Clause protects certain "fundamental liberty interests" from deprivation by the government, unless the infringement is narrowly tailored to serve a compelling state Interest. The Equal Protection Clause prohibits states from denying a person equal protection of its laws. In the case of the State of Alaska, police power has been delegated to the Kodiak Island Borough and, thus, it is the responsibility of the Borough to uphold property, due process, and equal protection laws. Relating specifically to a conditioned rezone requiring the establishment of a public access easement, at minimum, the following constitutional considerations must be made: Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 30 of 132 AGENDA ITEM #9.A. Is the property owner's property value, or right to use/occupy their property being taken away without appropriate compensation by the Borough? Is the property owner being deprived the use, occupation, or value of his property by the Borough? If so, is there a compelling Borough interest that has been narrowly defined to support such an imposition? Has the Borough acted similarly in situations where such substantially similar public interests have been present? Essential Nexus and Rouoh Pr000rtionali Two landmark U.S. Supreme Court land use cases Involving takings established two tests now used by the courts for determining whether an unconstitutional taking has occurred. These tests are the Essential Nexus Test and the Rough Proportionality Test. The Nollan V. California Coastal Commission case institutionalized the Essential Nexus Test. In order to be considered constitutional, the government's conditioning of a land use action must: • Advance a legitimate government Interest or purpose'?, • Have a connection between that interest and the land use exaction chosen to address it; and • A connection between the impacts of the proposed development and the land use exaction. The Dolan v. City of Tigard case took the Nollan case a step further and institutionalized the Rough Proportionality Test. The Rough Proportionality Test requires a government to make some sort of individualized determination that the exaction is related both in nature and extent to the impact of the proposed development'. Adverse Possession and Prescriotive Easements Legally defined, adverse possession is the doctrine under which a person in possession of land owned by someone else may acquire valid title to it as long as certain legal requirements are met. Alaska law governing adverse possession can be found in AS 09.45.052. Adverse possession, in and of itself, does not directly apply to the current issue at hand. However, Alaska courts have determined that when establishing a claim for a prescriptive easement (defined below) the same basic elements required for an adverse possession claim apply. Prescriptive easements are easements acquired by continuous use without the subject property owners' consent for a given period of time. No title is acquired by the user of the property, as is the case with adverse possession claims. However, as mentioned above, the three requirements for successful adverse possession claims have been decided by the courts to be extended to successful prescriptive easement claims. Those are: • The possession must have been continuous and uninterrupted; This prong of the Takings Analysis originated with Agins v. City of Tiburon (1980). r In Lingle v. Chevron USA Inc. (2005) the Supreme Court eliminated the "substantially advances" prong as a standalone portion of a Fifth Amendment takings analysis. Nolhm and Dolan were not invalidated based on the Supreme Court's findings that neither case relied on this test to analyze adjudicative land use exactions. The court stated "... Nollan and Dolan both involved dedications to property an onerous that, outside the exactions context, they would be deemed perse physical takings". s There are many other cases relating to land use and takings: Pennsylvania Coal Co. v. Mahan (1922), Village of Euclid v. Ambler Realty Co. (1926), Penn Central Transportation Co. v. New York City (1978), Kaiser Aetna v. United Stales (1979), Loretto v. Teleprompter Manhattan CATV Corp. (1982), Agins V. City of Tiburon (1980), Lucas v. South Carolina Coastal Council (1992), Palazzolo v. Rhode Island (2001), Tahoe -Siena Preservation Council v. Tahoe Regional Planning Agency (2002), Lingle v. Chevron USA Inc. (2005), Koontz v. St. Johns River Management District (2013). Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 31 of 132 AGENDA ITEM #9.A. • The possessor must have acted as if he were the owner and not merely one acting with the permission of the owner; and • The possession must have been reasonably visible to the record owner'. In general, adverse possession and prescriptive easement claims are civil matters. However, staff felt it was important to introduce these concepts for context. Fact Sensitive Inquiries A "fact sensitive Inquiry" Is an Inquiry in which the conclusion of legality is heavily dependent upon case -specific facts; facts that are unique to the property(les) and action(s) in question. Fact sensitive inquiries require time and research to reach sound, defensible conclusions. It is both staff and legal counsel's perspective that the legality of the Borough requiring a public access easement in exchange for the granting of a rezone of Emerald Isle Estates Tract is a fact sensitive inquiry and requests that, in the event that the Assembly would like to move forward with requiring an access easement, Borough staff and legal counsel be provided ample time to Investigate this matter fully before providing definitive recommendations for consideration. 4 Smft v. Kniffen (1985). Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 32 of 132 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 AGENDA ITEM O.A. Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 10/19/2017 Public Hearing Date: 11/02/2017 Postponed to: 12/07/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-32 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING EMERALD ISLE ESTATES TRACT FROM 113 -MULTIFAMILY RESIDENTIAL DISTRICT TO R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Emerald Isle Estates Tract be rezoned from R3 -Multifamily Residential District to R1 -Single -Family Residential District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the rezone request. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-32 Page 1 of 2 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 33 of 132 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 AGENDA ITEM O.A. Section 2: Emerald Isle Estates Tract Is hereby rezoned from R3 -Multifamily Residential Distdct to R1 -Single -Family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential In character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to R1 - Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted In the R1 -Single -Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further Implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought Into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2018-32 Page 2 of 2 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 34 of 132 AGENDA ITEM #9.A. i ` Kodiak Island Borough *tl Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 cicrks a,kodiakak.us NOTICE OF PUBLIC HEARING A SECOND public hearing will be held on Thursday, December 07. 2017, at 6:30 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. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From 113-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). 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 clerksankodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on December 07, 2017. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2018-32 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 35 of 132 AGENDA ITEM #9.A. Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). w»ey 1'nr L� s Y �cm°41 'e'� x. d SCJ c �� •,. ,c o 31822 Legend sub,ecr Parcel N Zoning Legend 0 Public Use Lance Rural Residential l O Mufti Family Residential VIII® Light Industrial ® Watershed IIIIII® Rural Residential ® Business Rural Neghbodmod Commercial Q Conservation Single Famdy Residential Retail Busstess - Urban Neighborhood Commercial Q Rural Residenbal 0 Two Family Residential =Industrial 0 Natural Use Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 36 of 132 AGENDA ITEM #9.A. PUBLIC HEARING FORM Ordinance No. FY2018-32 Rezoning Lot 2 Emerald Isle Estates Tract From R3-Mutifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). ❑ This is in support of Ordinance No. FY2018-32. ❑ This is in opposition of Ordinance No. FY2018-32. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks(a)kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. December 07, 2017. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... 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Page 39 of 132 .�� " t till, lilt jeill i1I HH _ EE gg jjtl g y�.{ r Al v will@ ei I E � Ea4Qlis [ ii � 6i@I I pp7 }p ii i[le It *Pit 61 r1 ION I 1 l� q ' sl{I�{�1L-O! §I �e] iijy�..opx® i'IlV � I'1'i 1' ajt�, 1 �1�1 pp'1 Ili lir: 1 \ al {'•� 'I Ei� I g � I I � ' ' CIW I ' lin !I August 22, 2017 Mr. Kevin Suydam Emerald Isle Estates LLC PO Box 980 Kodiak, AK 99615 AGENDA ITEM O.A. Kodiak Island Borough Community Development Deportment 710 MITI Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 18-002. Request a rezone of Emerald Isle Estates Tract from R3 - Multifamily Residential District to R1 -Single -Family Residential District (Chapter 17.205 KIBC). Dear Mr. Suydam: The Kodiak Island Borough Planning & Zoning Commission at their meeting on August 16, 2017 moved to forward the request cited above, recommending approval subject to an effective clause, to the Borough Assembly. EFFECTIVE CLAUSE This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 41 of 132 AGENDA ITEM O.A. R1 -Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the Ri-Single-Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions Identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Community Development Department anticipates your case will be scheduled for a first reading at the October 5, 2017 Assembly regular meeting. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning 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 planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be Issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, Its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly and submits the required $350 appeal fee. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Page 2 of 2 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 42 of 132 AGENDA ITEM #9.A. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes August 16, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the August 16, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Director Sara Mason, Sheila Smith, Jack Maker (left 7:15 p.m.), and Daniel Mckenna-Foster (arrived 7:15 p.m.). APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the July 19, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS None PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Sign in and state your name for the record. A) CASE 18.002. Request a rezone of Emerald Isle Estates Tract from 113 -Multifamily Residential District to R7 -Single -Family Residential District (Chapter 17.205 KIBC). The applicant is Emerald Isle Estates LLC. The location is 2716 Spruce Cape Road and the zoning is R3 -Multi -family Residential. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Emerald Isle Estates Tract from R3 -Multi -family Residential District to Rt -Single -Family Residential District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated August 2, 2017 as "Findings of Fact" for Case 18-002. Staff reported the subject parcel is the former site of Jackson's Mobile Home Park The applicant requests a rezone and he intends to subdivide the parcel into individual lots. A corresponding subdivision request has been submitted in conjunction with this rezone request. This rezone request is consistent with the Comprehensive Plan. Staff recommends forwarding this request to the assembly recommending approval. Open public hearing: Kevin Suydam, applicant, spoke in favor of his request. Kodiak Island Borough Page 1 of 8 Planning and Zoning Commission Minutes August 16, 2017 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 43 of 132 AGENDA ITEM #9.A. Close public hearing: Brief commission discussion EFFECTIVE CLAUSE This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to R1 - Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the Rt -Single -Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified In the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE S18-001. Request preliminary approval of the subdivision of Emerald Isle Estates Tract, vacating a 25' wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC). The applicant is Emerald Isle Estates LLC. The location Is 2716 Spruce Cape Road and the zoning is R3 - Multi -family Residential. COMMISSIONER SPALINGER MOVED to grant preliminary approval of the Subdivision of Emerald Isle Estates Tract, vacating a 25' wide utility easement, and creating Lots 1 thru 21 and Tract A, Emerald Isle Estates Subdivision (Chapters 16.40 and 16.60 KIBC) subject to fifteen (15) conditions of approval, and to adopt the findings in the staff report dated August 2, 2017 case as "Findings of Fact" for case SIB -001. Staff reported staff's review of the plat shows it meets borough code requirements. Staff recommends preliminary approval be granted, subject to 15 conditions of approval. Open public hearing: David Zimmerman spoke in support of the request. Brenda Friend spoke in support of the request. Kevin Suydam, applicant, spoke in support of the request. Close public hearing: Commission discussion CONDITIONS OF APPROVAL 1. A note requiring a 10' setback from the east side lot lines of Lots 15 and 21 and the west side lot line of Lot 14 shall be listed on the Final Plat. Kodiak Island Borough Planning and Zoning Commission Minutes Page 2 of B August 16, 2017 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 44 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7•A P & Z REGULAR MEETING: AUGUST 16, 2817 Case No. 1M02 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 45 of 132 KIB Location & Zoning MapW E Iw s Location ' Case No. 18-002 District District Surveyor: Willman Land Sumeying yaO Woody iy WeY Loop 3 M1 �af1 Stjm J Ease Roxapd Dn o � Sp�`7 �° A $'� me p� c0s SGN/ ° 3469 US 9 9pg9 a U`� u fP „ h ry anti tiP'L U gr ! .. N M1� �„11T1101% i gNhY M1 ti y e nr ''th} a a -a \f qqq x P du VSg3'�o � 0 b iq q4 Is u leo 1822 Legend Subject Parcel i ya� Zoning Legend I� Public Use Lands Q Rural Residential 1 0 Multi Family Residential Light Industrial ® Watershed - Rural Residential I Business ( Rural Neighborhood Commercial Q Conservation Q Single Family Residential Q Retail Business Urban Neighborhood Commercial Rural Residential Q Two Family Residential I Industrial 0 Natural Use Kodiak Island Borough GIS Community Development Department TM, map la pmvde4ly hk-.9s nal puepaee uses Agess Roads hllpaMvni.kodlakak.uslgis (99))486-9]]) only and.sna Intended kr any lead repmamnallnns I Unconslmded Rigkl of Ways Case No. 1M02 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 45 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 46 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 STAFF REPORT AND RECOMMENDATION Case No. 18-002. A Rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1-Sinqle-Familv Residential District (Chanter 17.205 KIBC DATE: August 2, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 18-002 APPLICANT: Emerald Isle Estates LLC/Kevin Suydam LOCATION: 2716 Spruce Cape Road LEGAL DSC: Emerald Isle Estates Tract ZONING: R3 -Multifamily Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Forty-three (43) public hearing notices were mailed on July 6, 2017. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Designated Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR -Rural Residential by Ord. No. 80-9-0. • Rezoned to RR1-Rural Residential One by Ord. No. 83-15-0. • Rezoned to R3 -Multifamily Residential by Ord. No. 2001-04. 2. Lot Size: 11.8 acres 3. Existing Land Use: In transition from mobile home park to residential. 4. Surrounding Land Use and Zoning: • R2 and PL zoning and uses to the north (single-family residences and the City wastewater treatment plant). • Waterfront to the south. • A vacant PL zoned parcel (subdivision into 3 lots and rezone of two of those lots to R2 pending) and waterfront to the east. • R1, R3, and RR1 Zoning and uses to the west (single-family residences). 5. Applicable 2008 Comprehensive Plan Future Land Use Designation: Urban Residential: This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing, including those allowed in the R1, R2, R3, and SRO Zones. 6. 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). Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 47 of 132 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from olanning and zoning commission (Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is Initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the Initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. 17.75.010 Description and intent (Rt -Single -Family Residential District). The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; S. To prohibit commercial and industrial land uses and any other use of the land which would Interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. 17.85.010 Description and intent (R3 -Multifamily Residential District). The R3 multifamily residential zoning district is established as a land use district for one -family, two-family, and multifamily dwellings and limited office uses where public water and sewer services are available. For the multifamily residential zoning district, in promoting the general purposes of this title, the specific Intentions of this chapter are: A. To encourage the construction of one -family, two-family, and multifamily dwellings; B. To prohibit commercial and Industrial land uses and any other use of the land which Case No. 16-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 48 of 132 N Y f D I'i ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 18, 2017 would interfere with the development or continuation of one -family, two-family, and multifamily dwellings in this district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which, because of Its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, before such services can adequately be provided; and E. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets STAFF ANALYSIS This is a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District. The subject parcel is the former site of Jackson's Mobile Home Park. In 2015, zoning compliance was issued to change the use from a mobile home park to residential (BZ2015-096). The applicant Is nearing completion of extinguishing the mobile home park use. This rezone request is the next step in the applicant's effort to proceed with residential development. The applicant intends to subdivide the parcel into Individual lots to be offered for sale for residential development. A corresponding subdivision request has been submitted In conjunction with this rezone request (Case No. S18-001). That case follows this request. The applicant desires to limit development in the proposed subdivision to single-family dwellings and associated incidental and subordinate uses. Accordingly, a rezone to R1 -Single -Family Residential District is requested. It Is important to note that, should this rezone be denied, the applicant may still limit development to the desired uses through restrictive covenants. FUTURE LAND USE DESIGNATION, ZONING, AND USE The subject parcel is assigned a Future Land Use Designation of Urban Residential. The current R3 -Multifamily Residential zoning and requested R1 -Single -Family Residential zoning are both consistent with that designation. The applicant's desire to limit future development to single-family dwellings and associated Incidental and subordinate uses is also consistent with the requested Rt -Single -Family Residential zoning. The transition from mobile home park to residential is still in progress. Although most structures associated with the mobile home park use have been removed, the following structures remain: • A longstanding warehouse/shop building' that fronts Spruce Cape Road and is adjacent to the Spruce Cape helipad on Lot 29 U.S. Survey 3099. This structure was permitted in residential zoning by an exception in 1965. An apartment was constructed within the structure in 1982 and remains to date. Accordingly, the structure meets the definition of a single-family dwelling with attached garage/shop. An approximate 20'x 35' accessory building' located behind the above building • A single-family dwelling' that fronts spruce Cape Road. • A single-family dwelling° near the southwest comer. • Five manufactured homes and one small accessory buildings stored at various locations 'Appendix 1 ' Appendix 2 'Appendix 3 ' Appendix 4 Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 49 of 132 N Y f 0 �i ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 The combination of buildings that remain on the parcel and their associated uses are not consistent with R1 -Single -Family Residential District Permitted Uses (multiple single-family dwellings and mobile home storage). As stated above, the effort to extinguish the mobile home park use and proceed with residential development is still in progress. That effort will require that these structures be brought Into compliance with Title 17 (Zoning) of the Borough Code prior to being allowed to proceed with residential development. To ensure the existing structures are brought into compliance prior to the rezone becoming effective, the following effective clause Is recommended: • This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought Into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought Into compliance within 36 months of Assembly approval, this approval shall become null and void. 'Staff Note: The recommended conditions of approval for the corresponding subdivision request require that these structures are brought into compliance prior to approval of the Final Plat (this would be required for any request to subdivide the subject parcel). Consequently, satisfying those conditions of approval would also satisfy the effective clause, resulting in the rezone becoming effective at the same time as Final Plat approval. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development In the area has been the removal of mobile homes and other structures from the mobile home park that was previously established on this parcel. Prior to this, development was negligible due to the lack of vacant land. As stated earlier In this report, the applicant intends to subdivide the parcel Into Individual lots for single-family residential development. Those actions will promote the development of single-family dwellings, which is consistent with the residential character of the surrounding area. COMPATABILITY OF LAND USES The parcel is situated in a neighborhood that is generally residential in character, consisting of a mixture of R1 -Single -Family Residential, 112 -Two -Family Residential, R3 -Multifamily Residential, and RR1-Rural Residential One zoning and uses (single-family residences). The portion of the parcel that fronts Spruce Cape Road is across from and/or adjacent to PL- Public Use Lands zoning and uses (wastewater treatment plant and vacant Borough owned land that is pending subdivision into three lots, two of which will be rezoned to R2 upon the recording of the Final Plat) Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will maintain the area's residential character and be consistent with surrounding zoning and uses. LAND SUITABILITY The subject parcel Is 11.8 acres. It is served by City Sewer and water and is accessed by existing roadways. For decades the parcel adequately accommodated a combination of approximately 100 manufactured homes and single-family dwellings. In doing so, the parcel has proven capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in R1 -Single -Family Residential zoning. TRAFFIC IMPACTS The parcel is accessed by urban collector and local roadways (Spruce Cape Road, Jackson Appendix 5.1 and 5.2 Case No. 1M02 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 50 of 132 N WLY ALASKA AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Lane, and Metrokin Way). For several decades, those roadways adequately accommodated the traffic generated by the previously established mobile home park use. Rezoning the parcel to from R3 -Multifamily Residential District to R1 -Single -Family Residential District will result in permitted uses that are less intensive with regard to traffic generation. Consequently, should this rezone be approved, the existing roadways will be capable of continuing to provide safe and adequate access to and from the site. COMPREHENSIVE PLAN CONSISTENCY This Rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the parcel. The rezone is also consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards, and other means. • Polio v: Zone land to meet future housing, commercial, industrial, and other land needs. o Implementation Actions: Identify an adequate supply of land in each community to meet future residential needs and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses, and conditions or constraints that might affect development. Consider use of public or private Native -owned land to help meet these needs. • Housing Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, Including affordable housing, are available for Borough residents. • Polic : In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority, and others, help ensure that there is an adequate supply of developable residential land to meet long-term housing needs throughout the Borough, Including senior housing. CONCLUSION Staff has determined that this rezone is consistent with the assigned Future Land Use Designation and various objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. Case Na. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 51 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 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 rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated August 16, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 18-002. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel Is situated In a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to R1 - Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the R1 -Single -Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further Implement, various land use and economic goals, policies, and implementation actions Identified In the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case N. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 52 of 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING EMERALD ISLE ESTATES TRACT FROM R3 -MULTIFAMILY RESIDENTIAL DISTRICT TO R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Emerald Isle Estates Tract be rezoned from R3 -Multifamily Residential District to R1 -Single -Family Residential District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the rezone request. Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No 16-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 53 of 132 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Emerald Isle Estates Tract is hereby rezoned from R3 -Multifamily Residential District to R1 -Single -Family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots that may be created by subdivision of the tract, to single-family dwellings and associated incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential District to R1 -Single -Family Residential District will facilitate the desired development. 2. The parcel is situated in a longstanding neighborhood that is generally residential in character and zoning. Rezoning the parcel from R3-Multifamlly Residential District to R1 - Single -Family Residential District will maintain that residential character and be consistent with the surrounding zoning. 3. The parcel Is capable of providing multiple building sites and parking areas that can accommodate the full range of uses permitted in the R1 -Single -Family Residential District. 4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further Implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance shall become effective upon verification by the Community Development Department that all structures and uses on Emerald Isle Estates Tract have been brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should all structures and uses not be brought into compliance within 36 months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH ATTEST: Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Case No 19-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 54 of 132 AGENDA ITEM O.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 55 of 132 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 91 92 93 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 94 95 VOTES: 96 Ayes: 97 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2018-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Case Na 18-002 Version 1 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 55 of 132 AGENDA ITEM #9.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 56 of 132 AGENDA ITEM O.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 57 of 132 AGENDA ITEM O.A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 58 of 132 AGENDA ITEM #9.A. Appendix 5.1—Photos of 4 of the 5 manufactured homes currently being stored on parent parcel Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 60 of 132 '� ,r � -;.fir`.,. ..'�+: .• .. :T y Lao t ..J ' ys �. � ` 4w �� � � �V �� r .. �� - a --"�', F�+" � i< ,a,. > _ I , " `'T � �.� �• Y � �' �� r •�Y � . ,� k ��� Kodiaklsland Borough Community Development Department 710 M21 Bay Rd. Rm 205 Kodiak AK %615 Ph.(907) 486.9362 Fax (907) 486- 9396 hgpj iv—kt?Makaku$ AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 Pdmrorm Submit fry ErtWl PROP ID 21244 Application for Rezone KIBC 17.205 I ?S- (CD2. The lowing information b to be supplied by the Applicant: Property Owner/ Applicant: Emerald Isla Estates LLCA(evm Suydam Mailing Address PO Box 980 Kodiak AK 99615 Phone Number. Odscr Contact email, etc Legal Descdptiom 907-486-5386 suydamka If4canraSLnel Subdv. Emerald Isle Estates Tract (Provkausly,lac kson) Block Int Street Address: 2716 Spruce Cape Road Current Zoning: R3 KIBC 17 Proposedzoning: Rt KIBC 17.7 Applicable Comrlrehensive Pan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &justification fm a change a amendment of zonIngr. Applicant desires to rezone from R3 to R1 single farnlly residences. The justification is to create a residential neighborhood F dial is safe for single family owned resdevees, and senior cilUen owned residarr=. k6itmued on reverse Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 62 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 Eapimwtlon of the effect such a change or amendment would have on the objectives of the appliobfe comprehensive plan: The effect of this change would not have a negative impact on the comprehonsiva plan. It anhancits assented property values lar theo .. _ _— loa. pr party, as well as staramdirg properties. TM previous R3 zoning vvrdal to drugs and dimmee so raffpard K Wa unsafe to IiVa thorn. Tho goal is to create a lamiy safe neighborhood. Date: �. q / 5ignature. CDD staff Certifkation Date:7 /3 '� 9 CDD staff: Payment Verification Fee Payable in Cashkr's Office atop -Main OoorofBomugh Building KIBC17.205.030Mannerofinhilation. Changesinthis tide may be Initiated in the following manner. A. The aswmbty upon its own meter, B. The j Walvefoffee commistion upon its own motion 7 Waiverofree C_By petition Ins than 1.75 acres ; Il $350.00 1.76 to 5.00 ayes: If- 575000 ��I� 501 toa000 acres: Cg 51.000.00 U 03 2C.' JULt0Dl acres or more: stsaB.00 KOOKKIWOUDunuubl CIAIBAIt•c rltoatmin�ar* Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 63 of 132 PAYMENT DATE 07/03/2017 COLLECTION STATION CASHIER RECEIVED FROM EMERALD ISLE ESTATES AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 DESCRIPTION APPLICATION FOR REZONE KIBC 17.205 2716 SPRUCE CAPE ROAD BATCH NO. 2018-00000001 RECEIPT NO. 2018-00000009 CASHIER Cashier P11n1w1 {Iv f`vcl.ivr Panty 1 nf' '1 n71v111n Al nA.11.11 PRA Case No. 16-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 64 of 132 July 6, 2017 Mr. Kevin Suydam Emerald Isle Estates LLC PO Box 980 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 466-9363 Fax (907) 486-9396 mm .kodiakak.us Re: Case 18-002. Request a Rezone of Emerald Isle Estates Tract from R3 - Multifamily Residential District to R1 -Single -Family Residential District (Chapter 17.205 KIBC). Dear Mr. Suydam Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 16, 2017 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska. Attendance at this meeting Is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, August 9, 2017 at 6:30 p.m. In the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session Is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, J Sheila Smith, Secretary Community Development Department Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 65 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 16, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us A public hearing will be held on Wednesday, August 16, 2017. 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 hear comments If any, on the following request: CASE: 18.002 APPLICANT: Emerald Isle Estates LLC/Kevin Suydam REQUEST: A Rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District (Chapter 17.205 KIBC). LOCATION: 2716 Spruce Cape Read ZONING: R3 -Multifamily Residential This nolice is being sent to you because our records Indicate you are a property ownerfinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 oro, Tuesday. August 1. 2017 to be considered by the commission. If you would like to fax your comments to us, our fax number Is: (907) 486-9396, or you may email your comments to ssmilh<adkodiekak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -In telephone number is 486- 3231. The toll free telephone number is 1.855-492.9202. One week prior to the regular meeting, on Wednesday, August 9, 2017, a work session will be held at 6:30 p.m. In the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486.9363. Your Name: Mailing Address: Your property description: Comments: Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 66 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 Case 18-002 Request a Rezone of Emerald Isle Estates Tract from Location 133 -Multifamily Residential District to R1 -Single -Family 2716 Spruce Cape Road Applicant Residential District (Chapter 17.205 KIBC). Emerald Isle Estates LLC/ Kevin Suydam assay '�Pe�dvc9°Dnv ,vi-��u 0 • s� oP� f ooO ,• ;r Y,� J •d+ypV � P Y uco Mav„^�laoe Public Hearing Notice Legend _.i� 5BI OSu6jecl Parcel µ, E �ir� a I T7I tsoo O NotiFlcation Area Kodiak Island 9omugh GIS Community Development Department .... 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Page 68 of 132 AGENDA ITEM #9.A. a� �s w N W ip f r U'y Z� a Wr 1l1 VI N 1I1 Vl 1I1 N N Vl IL m m m W m W V �O m i m m m m m m m m m _z J m � W a� C 5 U' Q Q W K N b a w W m O LL Y Y Y Y Y Y} Y Y a_ 0 0 0 0 0 0 0 0 Y Y Y Y Y Y> Y Y ei m m X O m O 6 N O w m O O Z N > 3 a w Q Z Y LL W m w O O N w w m m Z o n u N m Q W s m N m p_' Q o o p 0 0 O m e n 0 0 0 0 a .i ry ry a rv> a s Z O H 6 Q m W W Q Q J W m O a W W W W O r O w Q 0 O Q in m Z Z z 5 z Z W a z a¢ u w a 3 m Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 69 of 132 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 16, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodlaka1k.us A public hearing will be held on Wednesday, August 16, 2017. 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 hear comments if any, on the following request: CASE: 18.002 APPLICANT: Emerald Isle Estates LLC/Kevin Suydam REQUEST: A Rezone of Emerald Isle Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District (Chapter 17.205 KIBC). LOCATION: 2716 Spruce Cape Road ZONING: R3 -Multifamily Residential This notice Is being sent to you because our records Indicate you are a property ownerriinterested party In the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or In a letter to the Community Development Department. Written comments must be received by 5 am, Tuesday. August 1. 2017 to be considered by the commission. If you would like to fax your comments to us, our fax number Is: (907) 486-9396, or you may email your comments to ssmithAkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -In telephone number Is 486- 3231. The toll free telephone number Is 1.855.492.8202. One week prior to the regular meeting, on Wednesday, August 9, 2017, a work session will be held at 6:30 p.m. In the Kodiak Island Borough Conference Room (#121), to review the packet malarial for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal dg gs, please feel free is callus et 486-9363. Your Naamme:� j rYIA � I7 Mdllna Add rev: �y (l)C g�—Jl( ravr Prop.ny da.odPa.: i6 l� �- 2� tl -�5 ROW commanta: Case No. 18-002 Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Mult... Page 70 of 132 AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 7, 2017 ASSEMBLY REGULAR MEETING u�1 SUBJECT: h Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak ORIGINATOR: Sara Mason RECOMMENDATION: Move to direct the Borough Manager to execute the updated Building Inspection Program MOA between the Kodiak Island Borough and the City of Kodiak. DISCUSSION: The Memorandum of Agreement (MOA) between the Kodiak Island Borough (KIB) and City of Kodiak (City) outlining the municipalities' joint Building Inspection Program was originally executed in 1988 and has not been updated since 1997. Both Borough and City staff have been actively involved in the proposed update to the MOA that is before the Assembly. All proposed changes to the existing agreement are highlighted for ease for comparison. Included in the added text is a provision for the development of standard plans to be made available for the common project types that most often require engineering. It is anticipated that these standard plans will decrease overall project cost and project duration for builders. In addition, two deletions were made: Item 1.D. of the Building Inspection Program Points of Agreement was removed. The last sentence of item 6.A of the Building Inspection Program Points of Agreement was removed. ALTERNATIVES: Keep 1997 Building Inspection Program MOA in place. FISCAL IMPACT: No fiscal impacts are anticipated for the Borough at this time. OTHER INFORMATION: Kodiak Island Borough Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 71 of 132 AGENDA ITEM #A.A. MEMORANDUM OF AGREEMENT Betweenthe KODIAK ISLAND BOROUGH and the CITY OF KODIAK BUILDING INSPECTION PROGRAM On April 15, 1986, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. Previous to this agreement there was one building inspector/official for each local government. This memorandum of agreement (MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions, and replaces the updated Building Inspection MOA of 1997. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter "Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and deputy building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time deputy building official; (3) all other necessary and typical functions associated with an operational building inspection program; (4) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; (5) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered fills; and inspection reports on all inspections performed; and (6) issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for building inspection program. C. The City will supply the vehicle for the building inspection program. Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 72 of 132 AGENDA ITEM #A.A. D. Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes. The Borough or the City may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building Inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion of a public construction project inspected by alternative personnel will be included In the project owner's portion of the permit value calculations for building inspection program operations. If building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost of the building inspection program will be split between the City and the Borough based on the building valuation of the permits issued Inside the City (City responsibility) and outside the City (Borough responsibility). Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day-to-day communications between staff, which are encouraged to continue. All policy issues, whether City, Borough, or joint, will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B. The MOA for the building fire safety inspection program for the Kodiak road system is Incorporated, in total, in this MOA and Is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and maintain identical regulations that include, but are not limited to, the following: A. Building Code; B. Electrical Code; C. Plumbing Code; D. Mechanical Code; E. Fuel Gas Code; F. Fire Code; G. Driveway permits; H. Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; 1. Building Valuations and Fee Schedules; and Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 73 of 132 AGENDA ITEM #A.A. J. Standard plans to address the common projects most often requiring engineering. S. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the city be broadened or increased in certain particulars. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building Inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. 8. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other party. Dated this day of , 2017 KODIAK ISLAND BOROUGH Michael Powers, Borough Manager ATTEST: Nova Javier, Borough Clerk CITY OF KODIAK Mike Tvenge, City Manager ATTEST: Debra Marlaq City Clerk Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 74 of 132 AGENDA ITEM #A.A. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections as_st5ted�(n the points of agreement. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the City for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning compliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part of the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; b, height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. S. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 75 of 132 AGENDA ITEM #A.A. 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and Building Inspection Program staff shall engage in joint signatures on violation letters and joint site inspections. Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 76 of 132 AGENDA ITEM #A.A. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building fire safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. Points of Agreement 1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the building fire safety program on the contiguous Kodiak road system. 2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building fire safety inspection program outside the boundaries of the City. 4. To enforce the state fire laws as established in AS 18.70 and 18.72 and all regulations and codes adopted under the statutes — these laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. 5. That all plan reviews for buildings in the deferred area will be done or supervised by an ICC approved plans examiner. 6. That any Fire and life safety inspections done by the City of Kodiak Fire Department and/or Building Department will be done or supervised by an ICC certified inspector. 7. That the Fire Department immediately implements a building fire safety inspection program that meets or exceeds the program conducted by the State Division of Fire and Life Safety. Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 77 of 132 AGENDA ITEM #A.A. MEMORANDUM OF AGREEMENT between the KODIAK ISLAND BOROUGH and the CITY OF KODIAK BUILDING INSPECTION PROGRAM On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments. In the past there has been one building inspector/official for each local government. This memorandum of agreement (MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions, and replaces the original Building Inspection MOA of 1988. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical, efficient, and effective building inspection program for residents of the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough (hereinafter "Borough") hereby contracts with the City of Kodiak (hereinafter "City") for building inspection services. Personnel aspects of the program are the responsibility of the City, and the building official and assistant building official shall be employees of the City. A. This service will include the following: (1) a full-time building official; (2) a full-time assistant building official; (3) a half-time administrative assistant; (4) all other necessary and typical functions associated with an operational building inspection program; (5) administration and enforcement of Borough Code Title 15, Buildings and Construction, including issuing permits, checking plans, performing field inspections, maintaining records of each permit, and maintaining statistical records; Memorandum of Agrocmenl—Building Inspection Pmgmm Kodiak Island Bomugl /City of Kodial Page I of 4 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 78 of 132 AGENDA ITEM #A.A. (6) records will be kept on each building permit and will include at a minimum, the following applicable information: building permit applications, approved plans and specifications; the as -built site plan; compaction report on engineered rills; and inspection reports on all inspections performed; and (7) issuance ore certificate of occupancy and/or final inspection report when construction, for which a permit was issued, is completed. The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for the building inspection program. C. The City will supply the vehicle for the building Inspection program. D. The building inspection office will be lied into both the Borough and the City telephone and remote communication systems, and the Borough AS/400,computer for access to property .. record riles. Building inspection program staff will implement the'HTE Bifid a2 ^ ,r ware application once it has been installed and training has been provided by the Borough: I: Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes. The Kodiak Island Borough or the City of Kodiak may, on a case-by-case basis, request from the building official approval to use alternative personnel for ensuring that public construction projects meet adopted codes. The building official may deny approval for the use of alternative personnel based on the lack or appropriate qualifications of the personnel. All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approval is granted by the building official for the use of alternative personnel, a permit fee will not be charged for the portion of the project inspected by the alternative personnel; however, the value of any portion ora public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations.fif building inspection program staff perform code compliance inspections for a public construction project, then the project will be charged the applicable building permit, electrical permit, or plumbing permit fees, and the project or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost ofdhe building inspection program will be split between the City and the Borough based on the dollar value of the permits Issued inside the City (City responsibility) and outside the City (Borough responsibility). Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented. This MOA is not intended to replace current day -today communications between staff, which are encouraged to continue. All policy issues, Menwrendum of Agmemnni—Building huNdion Program Kodiak Island BorousWily of Kodiak Papc 2 or 4 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 79 of 132 AGENDA ITEM #A.A. whether City, Borough, or joint, will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B., The MOA for the building fire safety inspection program for the Kodiak road system is incorporated, in total, in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and strive to maintain identical regulations that include, but are not limited to, the following: A. 1- I orm- w es; / Q B. National Electrical Code; C. Uniform Plumbing Code; D. Driveway permits; E Ordinances providing for fire safety review and approval of plans and specifications, and the enforcement of state fire statutes and regulations; and F. Building Valuations and Fee Schedules. 5. The Borough shall adopt an ordinance that shall require the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance. Upon request the City shall provide the Borough with evidence of the insurance coverage in force at any time. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its Interest, the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the City be broadened of increased in certain particulars. If the City fails to agree to the Borough's request and obtain the broadened, increased coverage within thirty (30) days after receipt of the request, then the Borough may either obtain such additional insurance coverage as it has requested and deduct the proven cost thereof from any payments otherwise due to the City or terminate this agreement in accordance with Section 9. B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection Mcnlora l urn of Agmcmanl—Building Ins peclion Progmm Kodiak Island Bumnglucily or Kodiak P;igr. 3 of 4 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 80 of 132 AGENDA ITEM #A.A. program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property lying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcement within their respective jurisdictions. 8. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates. All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement maybe terminated by either party upon ninety (90) days advance written notice to the other party. DATED this IGth day of May, 1997. KODIAK ISLAND BOROUGH C Yf7 i�a. Jerome M. Selby,iviayor Attest: �q�.ACh�RpRD 65 Z4SIr.A • 14-.o M."I.M.RIUm or Agmemenl—Ouikling Inslccliun Pmgnm Kodiak Island Ooroug VCily of K.hak CITY OF KODIAK tJ William D. on s, City Manager Attest: P''p 4of4 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 81 of 132 AGENDA ITEM #A.A. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1, 1964, the Kodiak Island Borough(Borough) and the City of Kodiak (City) established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1964, and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives I. To provide zoning compliance inspections in conjunction with building inspections. 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Kodiak Island Borough and the City of Kodiak for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building peanitwill be issued withoutwritten zoning authorization from the Borough, except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough. The format shall include at a minimum the following information: A. property corner markers with identification or other acceptable markers must be in place and available for verification of setback distances; and B. applicant acknowledgment that the information provided on the authorization is correct, and that the applicant agrees to comply with all ordinances and laws regulating zoning com- pliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance, including any approvals or conditions specified by the Borough Planning and Zoning Commission. 4. While conducting site inspections as part or the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including, but not limited to, the following: a. setback requirements; Appc rid A, Mcmumndmn nr Agmement—Building luspcclion Pro mn, Zoning Cnmrdiance P,ngmm Pugc I or 2 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 82 of 132 AGENDA ITEM #A.A. b. height restrictions; c. off-street parking requirements and development standards; and d. permitted uses. 5. In cases of confusion or conflict between the applicant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations, the issue will be brought to the Community Development Department for resolution. 6. In cases when there are violations of both the zoning and building codes, the Community Development Department and building inspection program staffs shall engage in joint enforcement action to the greatest extent possible. This includes, but is not limited to, joint signatures on violation letters and joint site inspections. Appendix A. Memorandum or Agruumenl—Building Inspection Pong,en, Zoning Coniplim,en Progmm Pagc 2 ort Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 83 of 132 AGENDA ITEM #A.A. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building Fre safety inspection program throughout each respective jurisdiction. Objective To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. Points of Agreement I. itwill be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements or the building fire safety program on the contiguous Kodiak road system. 2. Inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building fire safety inspection program outside the boundaries of the City. Appmelia B, Meuwrandum ofAgmemmnl—Building Inatxxlion Program Building Fire Safely Inspection Program P;igc 1 of 1 Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 84 of 132 AGENDA ITEM #A.A. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH The City of Kodiak and the Kodiak Island Borough wish to provide for code compliance inspections on Borough projects within the City of Kodiak. It shall be the responsibility of the Kodiak Island Borough to provide Icertification to the City of Kodiak that projects undertaken by the Borough (within the City of Kodiak comply with all National Building Codes adopted by the City in effect at the time the project is undertaken. This certification can be accomplished by a letter from the Kodiak Island Borough to the City Building Official stating that inspections have been com- pleted and that the building complies with all National Building Codes adopted by the City. DATED this 2nd day of August , 1984. CITY OF KODIAK, ALASKA 11 `1 11 :1'• 'H Update To The Building Inspection Program Memorandum Of Agreement Betwee... Page 85 of 132 AGENDA ITEM #B.A. KODIAK ISLAND BOROUGH STAFF REPORT y!� DECEMBER 7, 2017 ASSEMBLY REGULAR MEETING c SUBJECT: Resolution FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year Lease. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to adopt Resolution FY2018-17. DISCUSSION: The Kodiak Island Borough Attorney issued an opinion stating that Leases of Kodiak Island Borough buildings are considered disposals under Alaska State Law. According to Kodiak Island Borough Code 18.20.020 all land/property disposals are subject to review and recommendation from the Planning and Zoning Commission. To comply with the interpretation of Legal Counsel and Kodiak Island Borough code, all 'disposals by lease' must go before Planning and Zoning for public hearing before they go before the Kodiak Island Borough Assembly for approval by resolution. That said, Planning and Zoning Commission has a single meeting left in the 2017 Calendar Year on December 20, with agenda items due November 1 at 5 PM. The Providence Kodiak Island Counseling Center lease will expire December 31, 2017, and there is not sufficient time to comply with Kodiak Island Borough Code and sign a new lease. This resolution is necessary to allow Staff time to sign a new lease in full compliance with KIB Code. An extension to March 31, 2018 should allow sufficient time to go through the Planning and Zoning approval process and full Kodiak Island Borough Assembly approval. ALTERNATIVES: Take no action. FISCAL IMPACT: None. OTHER INFORMATION: Kodiak Island Borough Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 86 of 132 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #B.A. Introduced by: KIB Manager Drafted by: Resource Management Introduced on: 12/07/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-17 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH EXTENDING THE LEASE FOR THE PROVIDENCE KODIAK ISLAND COUNSELING CENTER TO ALLOW ADEQUATE TIME TO NEGOTIATE AND SIGN A NEW 3 -YEAR LEASE. WHEREAS, Providence and Kodiak Island Borough entered into a Lease Agreement dated January 2, 1998, and amended April 21, 2017 in which Providence leased Building A, and Apartments A -G, Building B and Apartments H -M Lot 5A -1A Military Reserve USS 2538, colloquially known as the "mental health buildings." Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC); and WHEREAS, the parties recently extended that lease for KIB to complete negotiating a new 3 - year lease for PKICC, but will need more time to comply with approval processes as outlined in the Kodiak Island Borough Code; and WHEREAS, extending existing lease until March 31, 2018 should allow sufficient for the KIB and PKICC to complete negotiations on a new 3 -year lease for the facilities and put the lease through Planning and Zoning as well as KIB Assembly approval. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: Lease Amendment 3 to Contract No. FY1997-07D-3 of the Providence Kodiak Island Counseling Center to Providence Health and Services -Washington dba Providence Kodiak Island Counseling Center, a Washington non-profit corporation is hereby approved; and Section 2: The Manager, or his designee is authorized to execute the Lease Amendment and all other documents required for the completion of this agreement. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-17 Page 1 of 2 Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 87 of 132 AGENDA ITEM #B.A. 46 47 VOTES: 48 Ayes: 49 Noes: Kodiak Island Borough, Alaska Resolution No. FY2018-17 Page 2 of 2 Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 88 of 132 AGENDA ITEM #B.A. THIS AMENDMENT NO.3 TO LEASE AGREEMENT ("Amendment") is entered into as of December 31, 2017, by and between Providence Health & Services -Washington (formerly known as Sisters of Providence in Washington and Providence Health System -Washington) dba Providence Kodiak Island Counseling Center ("Providence"), and Kodiak Island Borough ("Landlord"). Providence and Landlord are sometimes referred to in this Amendment as a "Party" or, collectively, as the "Parties." RECITALS A. Providence and Landlord entered into that certain Lease Agreement dated January 2, 1998, and amended April 21, 2017 ("Lease") pursuant to which Providence leased certain space from Landlord. Providence uses that space to operate Providence Kodiak Island Counseling Center (PKICC). B. The parties recently extended that certain lease for PKICC to complete negotiating a new 3 -year lease for PKICC, but will need more time to comply with approval processes as outlined in the Kodiak Island Borough Code. C. The Parties wish to extend the tern of the existing PKICC lease until March 31, 2018 to allow time to negotiate, approve, and sign a new lease for PKICC in compliance with property disposal requirements set forth in Kodiak Island Borough Code. AMENDMENT THE PARTIES AGREE AS FOLLOWS: I. Extension of Term. Subject to the Parties' respective termination rights as set forth in the Lease, the tern of the Lease is hereby extended through March 31, 2018. 2. Capitalized Terms. All capitalized terms in this Amendment shall have the same meaning given to such terms in the Lease unless otherwise specified in this Amendment. 3. Continuation of Lease. Except as specifically amended pursuant to the foregoing, the Lease shall continue in full force and effect in accordance with the terms in existence as of the date of this Amendment. After the date of this Amendment, any reference to the Lease shall mean the Lease as amended by this Amendment. The Parties have executed this Amendment on the date first above written. PROVIDENCE Providence Health & Services - Washington dba Providence Kodiak Island Medical Center By Bruce Lamoureux Its SVP and Alaska Region Chief Executive LANDLORD Kodiak Island Borough By Michael Powers Its Manager Resolution FY2018-17 Extending The Lease For The Providence Kodiak Islan... Page 89 of 132 AGENDA ITEM #D.A. KODIAK ISLAND BOROUGH STAFF REPORT " DECEMBER 7. 2017 f ASSEMBLY REGULAR MEETING SUBJECT: Alaska Research Consortium Request for Funding ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to authorize funding for the Alaska Research Consortium in the amount of $2,500. DISCUSSION: The Alaska Research Consortium is working to develop a new partnership model for the current Kodiak Seafood and Marine Science Center. They are requesting funding support from the Kodiak Island Borough, City of Kodiak, and Kodiak based seafood processors and harvesters. ALTERNATIVES: approve partial funding; decline request. FISCAL IMPACT: $2,500 OTHER INFORMATION: Please see the attached Request For Funding Kodiak Island Borough Alaska Research Consortium Request for Funding Page 90 of 132 AGENDA ITEM W.A. Alaska Research Consortium -ARC Request for Funding "ARC: Connecting science and industry in the North Pacific" The Alaska Research Consortium Mr. Jay Stinson, Board President P.O. Box 1256 Kodiak, AK 99615 Email: pelagic@ptialaska.net Phone: 907-654-6933 October 17, 2017 1 Alaska Research Consortium Request for Funding Page 91 of 132 AGENDA ITEM #D.A. Mission Statement: The Alaska Research Consortium's mission is to support and promote education, workforce development, technology development training and service to sustain and increase the value of Alaska's marine resources and seafood industry. REQUEST FOR FUNDING: Kodiak Island Borough $ 2,500.00 City of Kodiak $ 2,500.00 Kodiak based Seafood Processors and Harvesters $ 5,000.00 There area number of discrete North Pacific regional needs that are driving the development of anew partnership model for the current Kodiak Seafood and Marine Science Center—such as new product development, improved utilization, technical innovations, understanding and adapting to changing environmental, ecological and climatic dynamics which together constitute the very "reason for being" that undergirds the Alaska Research Consortium foundation. In August of 2015, the University of Alaska Fairbanks (UAF), facing steep budget cuts, was considering dissolving their commitment to serving the fishing industry and the coastal communities of Alaska at the Kodiak Seafood and Marine Science Center. Community and industry members, recognizing the importance and value of the seafood industry to the state and the unique resource that KSMSC represents, stepped up and protested that idea by communicating with University of Alaska (UA) leadership. They formed a non-profit named the Alaska Research Consortium (ARC) dedicated to operating and managing the KSMSC and growing the programs centered in the facility. The University of Alaska agreed to stop their plans of dissolving the program and agreed to work with the ARC on a new Public Private Partnership model for operations and management of KSMSC. The Alaska Research Consortium is an Educational 501(c)3 corporation recognized by the State of Alaska and developed to operate and manage the Kodiak Seafood and Marine Science Center. Created by the Alaska Legislature and encoded in AK Statutes (AS Title 16, Chapter 52), KSMSC is a unique world class seafood research facility. ARC has been identified (through the attached Statement of Interest) by the University of Alaska Fairbanks as having the authority to develop such a public-private partnership. The commitment to organize the ARC convinced UAF to keep KSMSC operating with UA funds through FY18. Benefits from the ARC work to date have resulted in the continuation of the programs similar to those outlined in the FY16 KSMSC annual report (attached) offered by Alaska Sea Grant and the Alaska Research Consortium Request for Funding Page 92 of 132 AGENDA ITEM #D.A. Fisheries department of the College of Fisheries and Ocean Sciences. They include workforce development training for seafood processing, training in marine safety for fishermen, applied research on PSP safety with local subsistence communities of Old Harbor, Ouzinkie and Kodiak, graduate studies by local fisheries students employed by ADF&G, marine education In Kodiak and outlying communities, K-12 schools and many other benefits provided by the faculty working from KSMSC. Currently 5 personnel, faculty and staff, live in Kodiak and work In the KSMSC and multiple community members and groups use the facility annually. Many people from off island are trained or come to the Center each year for meetings or technical assistance annually. Responding to the announcement by UAF of their intent to close KSMSC, a group of Kodiak residents from a wide range of backgrounds --fisheries, workforce development, education, government and more—began the process of establishing a nonprofit organization, formed in 2016 as the Alaska Research Consortium. An initial board was formed for the ARC, with the following Individuals: • Jay Stinson, Chair, commercial fisherman, KSMSC Policy Council • Alan Austerman, former Alaska State legislator • Duncan Fields, commercial fisherman, former member North Pacific Fisheries Management Council (NPFMC) • Pat Jacobson, Vice Chair, former University of Alaska Regent • Larry Ledoux, former Alaska Commissioner of Education, current superintendent of KIBSD • Matt Moir, plant manager North Pacific Seafoods, Kodiak • Paul Lumsden, plant manager Trident Seafoods, Kodiak • Jeff Stephan, fisheries advocate, Advisory Panel NPMFC • Scott Smiley, Borough Assembly, Currently unfilled • Unfilled seat to represent regional Alaska Native Organizations Initial funding, in addition to countless volunteer hours, will provide resources to enable the ARC to move forward. We will work on four objectives during this year. 1) Complete the IRS filing of the 501 (c)(3). 2) Finish a business plan for the Kodiak Seafood and Marine Science Center. 3) Develop key communication tools including an ARC website and a compelling vision document. 4) Meet with prospective key partners in Anchorage (Rasmuson Foundation, Industry groups) and In Portland/Seattle (Murdoch Foundation) and Industry groups to explain the vision behind the ARC and the Kodiak Seafood and Marine Science Center. Leadership for meeting these objectives will be carried out by Jay Stinson, chair of the ARC board with support from Pat Jacobson, vice chair of the ARC board and other ARC board members. With early support from Alaska Sea Grant, we have developed a relationship for guidance with the Foraker Group. Alaska Research Consortium Request for Funding Page 93 of 132 AGENDA ITEM #D.A. We anticipate that Foraker Group will continue to assist us by working with ARC on the further development of our business plan and assistance with filing IRS required documentation. We intend to contract (hopefully locally) with a web designed and graphic designer/writer to develop communications products that we will use to develop key partnerships. This project will provide the key building blocks to enable the ARC to develop as a non-profit and identify and build on new and continuing partnerships to keep the Kodiak Seafood and Marine Science Center active and growing. Some of these partnerships include but are not limited to ASMI, ADFG, NOAA and NMFS, NPRB, government agencies such as Dept. of Agriculture and FDA. We have been in communication with other universities including Washington State University, University of Idaho, and the University of Oregon. It's important that we develop strong partnerships with industry organizations and seafood companies. The ARC is collaborating with the University of Alaska Fairbanks, Alaska Sea Grant, the City and Borough of Kodiak as well as numerous industry and trade organizations as they develop this public-private partnership. We have reached out to the Native community an Kodiak and will incorporate their input to the program and the board. Longer term benefits from this project will be found in the ARC being able to ensure the long term sustainability of the KSMSC and programs that benefit Kodiak residents, bring statewide and national partners to Kodiak and support the sustainability of Alaska's fishing industry. Our plan, developed by the ARC board has set the following priorities: PRIORITY #1: Complete the application to the IRS for federal tax-exempt status as a 501(c) (3). Work with The Foraker Group to complete a three to five-year "ARC Business Plan for Sustainability". Build a sustainable and financially robust ARC organization, • With programs aligned with current and projected needs of the fisheries industry • Identifying sustainable revenue from a variety of sources, with an "Anchor Tenant" • Clarifying the human resources infrastructure required to manage and operate the facility • Identifying ongoing facility and operations expenses, incorporating Maintenance/Operating Reserves • Seek "start-up funding/"venture capital" to fund initial planning work, and an Executive Director PRIORITY #2: A sustainable ARC Campus facility Working with the University of Alaska Fairbanks as the current facility owner, and hopefully, with the Kodiak Island Borough as the potential future building owner, finalize sale and purchase of the building realizing that both the State of Alaska and Kodiak are experiencing a challenging fiscal environment. Develop a MOA with the Kodiak Island Borough concerning ARC'S day-to-day management of the building and taking responsibility for determining the programs and offerings housed within the facility. Alaska Research Consortium Request for Funding Page 94 of 132 AGENDA ITEM #D.A. • Complete a Long -Term Facilities Plan identifying deferred maintenance Issues • Including laying the foundation for being able to grow a Building Maintenance Reserve Fund PRIORITY q3: Maintain, reinvigorate and start new partnerships • Clarify the UA partnership, with respect to long-term implications and realities. Engage more fully with regional tribal entities. • Re-engage with the Alaska Seafood industry to develop new priorities, programs and partnerships The outlined project will measure success by: 1) Completion of the ARC business plan (by December 31,2017) 2) Completed filing with IRS of ARC non-profit status (by January, 2018) 3) A website and compelling description of the ARC vision and plan (by December 31, 2017) 4) Briefing of Rasmuson Foundation, Murdoch Foundation and at least 6 potential Industry partners with a plan for support (by June 30, 2018). 5) The overall measure of success will be the ARC's Incorporation of this progress into the creation of a successful public-private partnership with either the Borough or the University of Alaska for FY19. Achieving the long-term goal requires positive progress in several related areas, constituting the ARC's operating priorities: 1) Building a financially self-sustaining 501(C)(3) ARC organization, resulting from a solid business plan. 2) Working with University of Alaska Fairbanks, the Kodiak Island Borough and the City of Kodiak to create a sustainable Public/Private Partnership facility. 3) Maintaining, reinvigorating and in some cases starting new partnerships with ARC's many stakeholders. There are a number of discrete North Pacific regional needs that are driving the development of a new partnership model for the current Kodiak Seafood and Marine Science Center—such as new product development, improved utilization, technical innovations, which together constitute the very "reason for being" that undergirds the Alaska Research Consortium foundation. Food safety, both state and federal regulatory compliance training, and work force development training are critical to the future of the Alaska fishing Industry. ARC'S long-term goal is to support sustainable fisheries and marine sciences in Alaska through workforce training and development, Improved utilization, and new product development, technology development, education and applied research programs and understanding and adapting to changing Alaska Research Consortium Request for Funding Page 95 of 132 AGENDA ITEM #D.A. environmental, ecological and climatic dynamics. This goal will be realized when the Kodiak Seafood and Marine Science Center serves as a catalyst and collaborator resulting in: • Applied and academic researchers and educators from UA and beyond seeking to expand and improve fisheries Industry knowledge and practice; • K-12 schools offering fisheries -connected vocational programs to grow a strong fisheries workforce; • Industry partners committed to enhancing the impact of improved technology and processes on their businesses; • Tribal entitles ensuring traditional food safety and dedicated to preserving the subsistence way - of -life; • And most importantly, having regional North Pacific maritime communities realize long-term economic gain through a vibrant and sustainable seafood industry. Summary: The Alaska Research Consortium requesting specific funding from the Kodiak Island Borough and the City of Kodiak in the total amount of Five thousand ($5,000(. We are requesting $2,500 each from the Kodiak Island Borough and the City of Kodiak. ARC will also be soliciting funds from seafood harvesters and processors. We look forward to further communications and dialogue. Please call or email me if you have any questions or the need for clarification. Signed: Jay . tinson President, Alaska Research Consortium, Inc. Phone: 907-654-6933 Email: pelagic@ptialaska.net Alaska Research Consortium Request for Funding Page 96 of 132 AGENDA ITEM #D. B. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 7, 2017 ASSEMBLY REGULAR MEETING SUBJECT: *Approving Memoranda Of Understanding For Non -Profit Funding ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to authorize the Manager to sign Memoranda of Understanding for non-profit funding. DISCUSSION: Non-profit funding amounts have previously been approved, as has the MOU form requested of non -profits as a condition of funding. MOU's have been signed by grantees and are ready for Borough signature. ALTERNATIVES: no action FISCAL IMPACT: funding amounts have been previously approved by the Assembly OTHER INFORMATION: Kodiak Island Borough *Approving Memoranda Of Understanding For Non -Profit Funding Page 97 of 132 AGENDA ITEM #D.C. KODIAK ISLAND BOROUGH STAFF REPORT G% DECEMBER 7. 2017 ASSEMBLY REGULAR MEETING SUBJECT: 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule ORIGINATOR: Karen Siador RECOMMENDATION: Move to approve the Assembly 2018 meeting schedule. DISCUSSION: The calendar reflects the Assembly meetings for the upcoming year. Annually the calendar is presented to the Assembly fore review and approval for the upcoming year. 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 meetings are to commence at 6:30 p.m. 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. If the regular meeting day falls on a holiday or holiday eve, then the Assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the Assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the Assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. The calendar also includes JWS meeting schedule with the City of Kodiak ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule Page 98 of 132 Ace 1.... 2018 Kodiak Island Borough January _ —1 February _ March 1 2 3 3 4 5 6 1 1 2 3 3 1 2x 3 eev2 9 R $ — R 4 PPE $6 $ 2 3 4 5 =$7 W 8 9 1011 16 12 13 4 5 6 7 13 14 10 5 6 7 8 9j.'10 8 14 5 PW 4 5 PPE 7 8Mw 2 3 4 5 PPE W ;PPE 14 f' 16 L7 18 19 20 11 12 13 14 W 15 17 11 12 13 14 15 16 ;C 17 18 19 20 21 R$mw 14 15 17 ja 11 t2223 13 14 PUW $ ^' 21 22 23 24 25 26 27 18 19 20 21 24 18 19 20 21 22 23 ".: 24 Puw W PARR 22 W 24 PPE 26 27 28 PAZRPPE 21 22 W JWS R :PPE28 29 30 31 21 22P6RR 28 25 26 27 2825 $ 24 25 26 27 28 29 30 "l 31 PMP 18 19 20 21PMR 26 27 R 28 29 P6RR 30 PPE P PaHR W April _ _ _ June 1 2 3 4 5 6 7 1 1 2 3 4 1 9 1D PUw LEve — R 4 PPE $6 $ 2 3 4 5 6 R14 W R $ 15 16 y 8 9 f0 11 12 13 14 6 7 8 14 5 6 4 5 6 7 8Mw 2 3 4 5 W $ 18 19 20 R 21 $ W 28 PPE 31 R W 15 16 17 18 19 20 21 13 14 15 17 ja 11 12 13 14 15r¢R 15 16 17 18 R 10 PPE 12 13 14R Puw W 22 23 24 25 26 27 28 20 21 22 W 18 19 20 21 22P6RR 28 19 20 21 W $ 24 25 16 PMP 18 19 20 21PMR 26 27 R 28 29 29 30 PPE P 27 2, 2925 JWsR PAZ R 30 31 26 27 28 29 IP&RR 31 W 23 July _ August September 2 3 3 5 5 7 3 PPE7 1 2 3 4 8 9 1D PUw 11 W — UPC 4 R $6 $ 2 3 4 5 6 R14 W R $ 15 16 17 P¢RPPEPPE 18 19 20 11 12 13 14 TR 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7PAzw 18 19 20 R 21 $ W 28 PPE 30 31 Pw W 25 PPE 23 24 ~11 26 R 28 [22 16 17 19 20 21 12 13 14 15 16 17 18 9 10 12 13 14R JW5 $ R $ PUw W 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21PMR W PPE P PPE JWsR PAZ R 30 31 26 27 28 29 30 31 23 24 25 26 27 28 30 PARR w 5 PA W October `6 November _ December 1 E2 UPC 3 4 R 5 PPE 3 PPE7 8 9 1D PUw 11 W 12 5 13 4 5 6 7 GE 10 2 3 4 5 6 R14 7 15 16 17 P¢RPPEPPE 18 19 20 11 12 13 14 TR 17 9 10 11 12 Pazw 13 W 14 15 E 2122 23 PARR 24 25 W 26 $ 27 1819 20 21 24 16 17 18 19 20 R 21 $ 22 28 29 30 31 25 26 27 28 Penn JWs W 23 24 25 PARPR 26 27 W 28 29 ;PPE 30 31 Assembly Meetinas Other Meetinas Elections R Regular Meeting P&R R Parks & Recreation Regular Meeting E Municipal Election W Worksession LEPC Local Emergency Planning Committee P Primary Election JWS Borough/City Joint Work Session GE General Election Planning & Zonina Meetinas PPE Pay Period Ending P&Z R Regular Meeting $ Pay Day P&Z W Worksesslon AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS MAYOR'S APPOINTMENTS # Asse Assembly Rep Asse6-1012017 Assembly Rep Board or Committee 10/2017-1012018 Ma or to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend Dennis S mmons Borough Lands Committee, KIBC 2.160 Dave Townsend Matthew Van Daele Two appointees Matthew Van Daele Julie Kavanaugh Emergency Services Council, KIBC 2.110 Dan Rohrer Dan Rohrer Ma or is assi ned to a seat Joint Building Code Review Committee, Dave Townsend Kyle Crow KIBC 15.45 Kodiak College Council Rebecca Skinner Scott Smile Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Scott Smiley Three Appointees Kyle Crow Andy Schroeder Matthew Van Daele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner Julie Kavanaugh FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner Dennis Symmons 2.120 Providence Health System Service Area Larry LeDoux Rebecca Skinner Board, KIBC 8.05 School District Budget Advisory Committee Scott Smiley Rebecca Skinner School District Facilities Review Kyle Crow Kyle Crow Committee School District Strategic Planning Scott Smiley Matthew Van Daele Committee Solid Waste Advisory Board, KIBC 2.145 Dennis S mmons Andy Schroeder Liaisons to the out/ no cities and villages City of Akhiok Larry LeDoux Dennis S mmons Chiniak Community Scott Smiley Julie Kavanaugh Karluk IRA Tribal Council Matthew Van Daele Matthew Van Daele City of Larsen Bay Rebecca Skinner Scott Smile City of Old Harbor Kyle Crow Andy Schroeder City of Ouzinkie Dennis S mmons Rebecca Skinner City of Port Lions Dave Townsend Kyle Crow *For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. *SWAMC Board Seat — Kodiak Municipal Seat, Rebecca Rebecca Skinner Exp. 2017 (New appointee will start after SWAMC Annual Conference *AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 100 of 132 AGENDA ITEM #D.D. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 7. 2017 r; ASSEMBLY REGULAR MEETING SUBJECT: Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages. DISCUSSION: Attached is the list of Mayoral Appointments of Assembly member representatives to different boards, committees, and councils; and Assembly representatives to the different cities, communities, and villages. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 101 of 132 AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS 8, COMMISSIONS Assembly Member. _KYLE CROW Mark too 5 choices. 1 beina the first choice. Due: Mdhdiv..Novainbar l # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 1012017.1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. 5 Architectural Re law Board KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend _ 1 Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Ma or is asst ned to a seat 4 Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Malt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile 2 School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 DennisSyrnmons Liaisons to the outl fna cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Kaduk IRA Tribal Council MattVanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons 3 City of Port Lions Dave Townsend 'For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confine. 'SWAMC Board Seat—Kodiak Municipal Seat, Rebecca SkinnerRebedca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 102 of 132 AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & Assembly Member: Julie Kavanaugh Mark to 5 choices, 1 beingthe first choice. Due: v m! # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 10/2017-1012018 Ma or to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, gre appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere In this code. An appointmerit not confirmed bv the assem ly shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend 2 Borough Lands Committee, KIBC 2.160 Dave Townsend Two anoointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Ma or is assi ned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner 1 Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele 3 Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 4 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee 5 School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 Dennis S mmons Liaisons to the outlying cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile ' Karluk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons City of Port Lions Dave Townsend .For the following seats, Assembly members should express their intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat— Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year tens • I will take whichever cilylvillage assignment that Is vacant Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 103 of 132 AGENDA ITEM #D.D. ASSEMBLY REPRESENTA7NTS TO BOARDS & coiwiM.#SStDNS r� 1rrrC.r rl top°,Uec;tr.• /teryilea!f;fD # Board or Committee Assembly Rop 10f2016.10/I077 K78C 2.100 W0 Appwrumenu lRe-rbc�rrt d 6omos, eor'ra.+re;ear-rn !tq boxd of gdj'e: rnerrl. mg-r!x+o d trx: board d eye afva'w 8,4 a aeo aervke arca oe^c.'a r ... �; ''ll ..mM eore!mned W ore aasamtay aromas www -se spearea*y C'ov ata aarrtae . rh:s,wde An epoantrnnepi rot gKdein!sd py,if a aspemt> raarot DM..or,¢ d! r ArU '.sd �a1 Revrew Boar KIBC 2 725 Dave_Townsend Boro=.ryh LOWS COmm see KIBC 2 ifri pays TovmaarW y Two appo ntoey Matt VantYaele EinergenCY Services Counas, KIBC 2110 i Dan Rohrer ._Mayorrs assgfned to a seat ? Joud Bu7dAg Cale Re new Committee Dave Townsend ' K!BC 15.45 'MakCo - -- _. � Kodiak Fisheries Work Gro Adhoc) Larry L.eDiam Kyle Cc" Matt VanDaefe Kodak Fisheries Advisory Committee—, Res Reba ca Swrmer , FY07-38_- _._ Paries and Reaxeatw Commitee KIBC Rebecca Stunner } I 2 120 Prordence Hea!1h Sys'p-rr, Serr.'�e Area Larry LeD ux S I Board, KIBC_ 8 05 SchoW Dstrid Budyel Ad ory Comm. tee Scott Sm le, School Dabid Facditms Re , r, Kyle Goa Commitee _ - S S District Strateg c Pianrung Sr -'e Sm'ey Commitee ----- _ _ z Sc d L1laste Advisory Beardd KIBC 2 145 Derr. ; SI- - Uaisons to the outlying cities and villaaos. _ LeDoux —�—RebeceaSlcinner 1 C�hxaakCcmmuT.ty _ Scot Smny iCaAuk (IRf1 Tr _CounW 3 G of Larsen Bay _,-_—_—_ ---- j .Old Harbor Dennis pyninonss -- Dave Townsend 1_. 'i``cc+ 2 t City of Port Lions _ 'Fa the faaloviurp seats. Assarrbly members stxxM express their orient to the entre Asscmt+y Ttxr Assembly appoints and confirm. 'SWrd Seal - Kodiak Mu- -_ rtkapal Seat, . Rebecca Skinner Rebecos 51aA e10r AMC Boa - Pres:derrt UntJ Spr V of 2018 (New appocntee w start after SWAMC March Annual Cen!etence� ScottSm4ey I SeotiSmrlaY 'A1,tl Board - DLstrtct 10 Seat _ Exp 2018 Two year tens Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 104 of 132 AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member: REBECCA SKINNER Mark top 5 choices 1 being the first choice. Due: Monday, November 20. # Assembly Rep Assembly Rep Rep Board or Committee 10/2017-1012018 10/2016-1012017 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend 3 Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Ma or is asst ned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner 1 Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele 4 Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 2 Providence Health System Service Area Larry LeDoux Board, KIBC 8.05 5 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 1 Dennis S mmons Liaisons to the outivina cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons City of Port Lions Dave Townsend .For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat— Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference `AML Board — District 10 Seat— Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 105 of 132 AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. 7 Mi kN Mark lop 5 choices,1 being the first choice. Due: Monday. November 201 # Assembly Rep Assembly Rep Assembly Board or Committee 1012017-1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere In this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend 2 Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Malt VanDaele 3 Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor Is assigned to a seat 4 Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner 1 Kodiak Fisheries Work Group (Adhoc) Larry LeDoux Two Appointees plus one alternate Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 5 Providence Health System Service Area Larry LeDoux Board, KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 1 Dennis Symmons Liaisons to the outlying cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Malt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis S mmons City of Port Lions Dave Townsend .For the following seats, Assembly members should express their intent to the entire Assembly. The Assembly appoints and confirm. 'SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference 'AML Board—District 10 Seat — Exp. 201 B Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 106 of 132 AGENDA ITEM #D.D. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS J�& AlAssembly Member. f 44 0 4 1/ 1 n l'l.5 Mark tom choices, 1 beinii the first choice. Due: Mb day. Noveinben20il # Assembly Rep Assembly Rep Board or Committee 1012016-1012017 1012017.1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An apDolntment not confirmed by the assem IV shall not become effective. 2 Architectural Review Board, KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor is assigned to a seat Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Group Adhoc) Larry LeDoux rif& Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 3 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste AdvisoryBoard, KIBC 2.145 1 Dennis S mmons Liaisons to the outlying cities and villages City of Akhlok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Matt VanDaele City of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzinkie Dennis Symmons 2-. City of Port Lions Dave Townsend *For the following seats, Assembly members should express their Intent to the entire Assembly. The Assembly appoints and confirm. •SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference)_ AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 107 of 132 AGENDA ITEM #D.D. APPOINTMENT OFA EMB_ LY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member. le<< Mark to 5 ' . ices, 1 being the first choice. Due: onday..Novembet201 # Assembly Assembly Rep Assembly Rep Board or Committee 1012017-1012018 (Mayor to fill out KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assem ly shall not become effective. Architectural Review Board, KIBC 2.125 Dave Townsend Borough Lands Committee, KIBC 2.160 Dave Townsend Two appointees Matt VanDaele Emergency Services Council, KIBC 2.110 Dan Rohrer Mayor is assigned to a seal Joint Building Code Review Committee, Dave Townsend KIBC 15.45 Kodiak College Council Rebecca Skinner Kodiak Fisheries Work Grou Adhoc) Larry LeDoux n h Kyle Crow Matt VanDaele Kodiak Fisheries Advisory Committee, Res Rebecca Skinner FY07-38 Parks and Recreation Committee, KIBC Rebecca Skinner 2.120 Providence Health System Service Area Larry LeDoux Board KIBC 8.05 School District Budget Advisory Committee Scott Smile School District Facilities Review Kyle Crow Committee School District Strategic Planning Scott Smiley Committee Solid Waste Advisory Board, KIBC 2.145 1 Dennis S mmons Liaisons to the outlying cities and villages City of Akhiok Larry LeDoux Chiniak Community Scott Smile Karluk IRA Tribal Council Malt VanDaele ally of Larsen Bay Rebecca Skinner City of Old Harbor Kyle Crow City of Ouzlnkie Dennis S mmons City of Port Lions Dave Townsend .For the fallowing seats, Assembly members should express their intent to the entire Assembly. The Assembly appoints and confirm. •SWAMC Board Seat—Kodiak Municipal Seat, Rebecca Skinner Rebecca Skinner President Until Spring of 2018 (New appointee will start after SWAMC March Annual Conference) •AML Board — District 10 Seat — Exp. 2018 Scott Smiley Scott Smiley Two year term Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 108 of 132 ARCHITECTURAL/ENGINEERING REVIEW BOARD REGULAR MEETING October 4, 2017, 5:30 p.m. Projects Office Conference Room CALL TO ORDER CHAIR ARNDT called the meeting to order at 5:33 P.M. AGENDA ITEM #A.A. NOV 8 2017 >- .a1hA � ROLL CALL Board Members present were Chair Scott Arndt, Cliff Ford, Jerrol Friend, and Colin Young. Also present was Matt Gandel, KIB Project Manager/Inspector, and Kat Peters, KIB Projects Assistant; Tony Yorba from Jensen Yorba Lott (JYL) was present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, APPROVAL OF MINUTES YOUNG moved to approve the minutes from August 1, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR UST REPLACEMENTS — MAIN, OLD HARBOR, PORT LIONS Malt Gandel (KIB) commented on the contaminated soil discussion from the August 1" meeting, Indicating that the KIB hired Travis Peterson to drill lest holes at both Main and KMS schools in an attempt to determine extent of possible contamination. Malt Gandel (KIB) then provided an overview of the scope of the project. Tony Yorba (JYL) discussed changes made from the 65% drawings. Discussion ensued focusing largely on the feasibility of removing old tank from the ground or closing in place at Port Lions. Noted changes will be reviewed for the 100% design documents. FRIEND moved to approve the 95% documents for the UST Replacements — Main, Old Harbor, Port Lions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR SITE PAVING - PETERSONIKMS, AND UST REPLACEMENT -KMS Matt Gandel (KIB) provided an overview of the scope of the project. Tony Yorba (JYL) discussed changes made from the 65% drawings. Discussion ensued. focusing largely on the Architectural/Engineering Review Board October 4, 2017 Regular Meeting Page 1 of 2 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 109 of 132 AGENDA ITEM #A.A. ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING October 4, 2017, 5:30 p.m. Projects Office Conference Room valley gutter and replacing with a standard road curb at KMS and Peterson. Noted changes will - be reviewed for the 100% design documents. YOUNG moved to approve the 95% documents for the Site Paving — Peterson/KMS, and UST Replacement - KMS. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel indicated that work on the Baler Building drawings was still underway. Borough staff will review drawings prior to ARB review. BOARD COMMENTS None ADJOURNMENT FRIEND moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:50 P.M. RespecOv pubmitted. Kat Peters, Projects Assistant <-c oz/7rn� Scott Arndt, Chair Architectural/Engineering Review Board ArchitecluraVEnglneering Review Board Regular Meeting /i �7 J17 Dale Alav 7 X17 Date October 4, 2017 Page 2 of 2 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 110 of 132 AGENDA ITEM #A.A. FIRE PROTECTION AREA NO.1 BOARD - REGULAR MEETING September 26, 2017 6:00 p.m. BAYSIDE FIRE HALL OCT P 5 POI% j 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR Paul Van Dyke called the regular meeting to order at 6:01 PM. "e j 2. ROLL CALL Board Members present were Chair Paul Van Dyke, Richard Carstens, Scott Arndt (Call In), Mike Dolph and Rebecca Nelson. Also present were Chief Howard Rue and Secretary Jenny Clay. 3. ACCEPTANCE/APPROVAL OF AGENDA DOLPH MOVED to approve the agenda. VOICE VOTE ON AGENDA CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES DOLPH MOVED to approve the minutes for the regular meeting of July 11, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. DOLPH MOVED to approve the minutes for the special meeting of July 18, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT DOLPH MOVED to approve and acknowledge the Financial Report. Chair Van Dyke pointed out a line item that had not been previously accounted for by the board and it is 450.255 Accounting Services for $15,000. This was a possible back charge by the Finance Department for managing our budget. The Chair was not sure and will find out more and report back to the board. Board discussion ensued. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Rue reported on August 2017 calls and runs. Bayside Fire received the AFG Grant (Assistance to Firefighter Grant) in the amount of $164,000 for Air Paks. The seal coating of the asphalt drive way was completed. Bayside was The Engineering/Facility Projects department Fire Protection Area No. t Board Regular Meeting applying for the Plymovent System AFG Grant. at the Borough was working on the window September 26, 2017 Page 1 of Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 111 of 132 AGENDA ITEM #A.A. replacement RFP for Bayside. The installation of airline, water line and electrical hook ups were being installed on the new apparatus. The volunteers were working on numbering and testing the new hose. He presented Secretary Clay with flowers from the board and firemen as this was her last meeting before retiring. 8. CHAIRPERSONS REPORT __- Chair Van Dyke was present for Matt Van Daele's presentation to the City Council two weeks ago on the subject of annexation by the City of Service Area No. 1, which would include the Fire Protection Area 1. He wanted to have a work session with the Fire Board to discuss the annexation options and how they would impact the fire district. Board discussion ensued. Chair Van Dyke will provide Van Daele's presentation to the board at a future meeting. 9. NEW BUSINESS a. Bayside Window Installation Chief Rue talked with Engineering and Facilities Department and received back-up information on the apartment windows which were put in last year. The windows were $1,600 and installation was $20,000. The remaining 11 windows in the building need to be replaced and a RFP from Project department was being put together. Projects cost summary/estimate was $29,530 to replace those windows. Board discussed whether to replace all or some of the windows. CARSTENS MOVED to complete all the windows at the same time as soon as possible NTE $29,530. ROLL CALL VOTE ON MOTION CARRIED 5 — 0. b. Fire Truck Tools/Equipment Chair Rue asked the board if they would like him to get pricing on the tools for the apparatus that will be here in March 2018. He would like to order the tools in December 2017. Board discussion ensued. Chief Rue will reach out to vendors for a time frame of delivery and get that information and the list of tools to the board. He was also looking to purchase cases, charges and batteries for pagers which he could get at Aksala for about $300. c. Fire Hose Purchase Chief Rue had two bids for fire hose and MES was the lower bidder for approximately $20,000. d. Hose Washer Chief Rue would like to purchase a hose washer. It would be approximately $10,000 but would keep the hose in good condition. He would like the board to consider this so it could be brought back with the apparatus in March 2018. Chair Van Dyke said it would be considered along with other budget items. Fire Protection Area No. 1 Board Regular Meeting September 26, 2017 Page 2 of 4 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 112 of 132 AGENDA ITEM #A.A. e. Update Electric Air Reels Chief Rue stated that Premier Mechanical was installing the electric air reels. Two reels were broken when they arrived. The Vendor issued a credit and shipped out two more reels. f. Update on AFG Grant Chief Rue explained that they are getting close to turning in the AFG Grant for the Plymovent System. He believed the AFG Grants will be awarded within the first two weeks of October 2017. 10. VISITOR COMMENTS Jason Waggoner — Came to the meeting to wish Secretary Jenny Clay well in her retirement. He had worked with her in the past at both the City and Borough. Doug Mathers — He also has worked with Jenny at the City of Kodiak and hoped she would enjoy her retirement. Craig Walton — He worked with Jenny Clay at the City and wished her well on her retirement. Bruce McNeil — He agreed with everything every one said. 11. BOARD MEMBERS COMMENTS Chief Howard Rue — We continue to progress as we face new challenges. The station is looking good and we are taking care of business. Richard Carstens — It was a pleasure having Jenny in this position. It has made the Board, Chair and Chief's job easier. The volunteers were happy with how pleasant she was when they came to get their ID's. He wished her the best in retirement. Mike Dolph — Thanked the visiting audience for being here tonight. It was always good to see folks out there and certainly good to hear input. He was not sure how many years he knew Jenny between the City and Borough. Her retirement is long deserved and he wishes her the best. He thanked her for her service. Rebecca Nelson — She echoed what everyone has said. Scott Arndt — He thanked Jenny for the years he worked with her. He knows her from both the Borough and the City. In the Engineering and Facilities department she was one of the best we had in the 35 years I've been working with Service Area 1 and Fire Protection 1. He will miss her greatly, wished her the best and thanked her for all of her help. Paul Van Dyke — He thanked Jenny for all she has done for the board. She was very helpful and knowledgeable. He appreciated her service to the board and to the Borough. She was very easy Fire Protection Area No. 1 Board Regular Meeting September 26, 2017 Page 3 of Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 113 of 132 AGENDA ITEM #A.A. to work with and he was sad she was leaving the organization. The Chief would love to have you as a volunteer. October 3'd is elections and asked the Chief to make the station ready. 12. NEXT MEETING SCHEDULE The next meeting will be October 24, 2017. Rebecca Nelson left meeting at 7:05 PM. Chair Van Dyke invited the Fire Protection Board, Chief Rue, Deputy Chief Mothers, Assistant Chief McNeil and Secretary Jenny Clay into executive session. CARSTENS MOVED to convene into Executive Session. Board discussion ensued. ROLL CALL VOTE ON MOTION CARRIED 4 - 0 13. EXECUTIVE SESSION — LITIGATION UPDATE Chair Van Dyke reconvened the regular meeting. No action was taken except requesting the Chair continue to collect information on what the Borough had done and what they are doing and report back to the Board at a later meeting. 14. ADJOURNMENT DOLPH MOVED to Adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Meeting was adjourned at 8:15 PM. /�S�UBIv I .E BY: /7 vU .� Jenny Clay, Board Secreta KIB Engineering/Facilities Department APPROVED BY: Chair Paul Van Dyke Fire Protection Area No. I Board Regular Meeting Date: Date: /y�f s /7 September 26, 2017 Page 4 of 4 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 114 of 132 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES AGENDA ITEM #A.A. OCT 2 5 2017 August 22, 2017 Regular Meeting 6:30 p.m: KIB Conference Room CALL TO ORDER VICE -CHAIR JOHNSON called to order the August 22, 2017 regular meeting of the Parks and Recreation Committee at 6:35 p.m. ROLL CALL There were no requests to be excused. Committee members present were Helm Johnson, Dale Stratton, Ben Millstein, Steve Paulsen, and Paige Simeonoff. Absent was Patrick Saltonstall. Ex -officio member present was Alan Schmitt. Absent ex -officio members were Rebecca Skinner, Ron Bryant, and Corey Gronn. A quorum was established. Community Development Department staff present was Daniel Mckenna-Foster. Also present was Maggie Slife, Borough Resource Management Officer. COMMITTEE MEMBER PAULSON MOVED to excuse Patrick Saltonstall. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMITTEE MEMBER PAULSON MOVED to approve. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS July 25, 2017 Regular Meeting, July 19, 2017Joint KIB/City Meefing, and July 25, 2017 Regular Meeting COMMITTEE MEMBER MILLSTEIN MOVED to approve. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Maggie Slife, Borough Resource Management Officer, stated she has a few items that she hopes the committee will move on, make some decisions in the near future. We will be continuing to discuss the Killarney Hills Tract. The Planning and Zoning Commission denied considering it surplus to the borough's needs so we will probably be going into some master planning efforts. Slife would like to work with the committee to find solutions. She would also like the committee to consider, in the near future, what the committee's vision is for the Chiniak burn area. We could use some guideline and vision from the committee that outlines what you think is important for Planning and Zoning, Lands Committee, and the borough to take into account. Kodiak Island Borough August 22, 2017 Parks and Recreation Committee Regular Meeting Minutes Page 1 of 3 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 115 of 132 AGENDA ITEM #A.A. OLD BUSINESS A) Monashka Bandit Range — Clean up and Closure Staff reported that the signs that Quass puts up keep getting shot down. Brief discussion of doing another cleanup of the area, B) CIPList—Update Discussion regarding what is the process, what items are on the previous list, and their main priority being the parks plan, and different ideas for possibly going on the list. C) Comprehensive Parks and Recreation Plan Review — Update Staff stated we added some trails to Monashka Mountain to the trails map. The GIS Analyst did a map of all the areas that people use to recreate. Committee discussion NEW BUSINESS A) State of Alaska Parks & Outdoor Recreation grant Staff reported this is something that the grants manager of the borough sent It's a trails program grant from the State. Discussion of what they could apply for but it is too late this year, and a shovel ready project. COMMUNICATIONS None REPORTS Meeting Schedule: • September 1B, 2017 P&R Joint Borough & City meeting -6:30 p.m -KIB Conference Room • September 26, 2017 Parks & Recreation Committee meeting -6:30 p.m: KIB Conference Room COMMITTEE MEMBER MILLSTEIN MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Alan Schmitt said Maggie Slife, Resource Management Officer, was correct that Planning and Zoning Commission past a motion that the Killarney Hills Tract is not surplus to borough needs and recommended the assembly resume the planning process. That is going to the assembly and they may not agree with the commission. Last year, there was a tract on the corner of Sharatine and Rezanof that the Lands Kodiak Island Borough August 22, 2017 Parks and Recreation Committee Regular Meeting Minutes Page 2 of 3 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 116 of 132 AGENDA ITEM #A.A. Committee had recommended that it be declared surplus so it could be sold. The commission had public hearing where a lot of people came forward saying no, people do use it for recreation and other purposes, so the commission agreed and voted that it wasn't surplus. It went to the assembly where they disagreed and said we are going to proceed with selling this land. Something like that could happen with Killarney Hills. What the assembly wanted to do, and they directed the manager to put together a request for kind of proposals to go out to contractors for them to tell the borough what they can do with this parcel. It was the consensus of the commission that that is a foolish way to proceed because any developer wants to know what you would like to see before they put time and energy into a proposal. Schmitt also said the Parks and Rec Committee meeting would see the agenda for the next month's Planning and Zoning meeting, particularly, if there were subdivisions or other things coming forward that might have some impact with Parks and Rec. Paige Simeonoff said are we supposed to be doing anything for the meeting on the 18th, we talked about having a survey that we need to make, look up all the different numbers for different communities that are the same as ours or similar. ADJOURNMENT Steve Paulson MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE -CHAIR JOHNSON adjourned the meeting at 7:36 p.m. ATTEST: By: Q55af C� �1�) Sheila Smith, Secretary Community Development Department APPROVED: October 24, 2017 Kodiak Island Borough Parks and Recreation Committee Regular Meeting Minutes August 22, 2017 Page 3 of 3 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 117 of 132 AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE Minutes September 18, 2017 Joint KIBICity Meeting 6:30 p.m. -KIS Conference Room CALL TO ORDER ? called to order the September 18, 2017 Joint KIBICity Parks and Recreation Committee meeting at 7. ROLL CALL Committee member present were Ben Milistein. Absent committee members were Patrick Saltonstall, Helm Johnson, Dale Stratton, Steve Paulson, and Paige Simeonoff. Ex -officio member present was Rebecca Skinner. Absent ex -officio members were Ron Bryant, Alan Schmitt, and Cory Gronn. Community Development Department staff present was Daniel Mckenna-Foster. ADJOURNMENT Due to a lack of quorum the meeting was adjourned at ?. KODI K ISL ND R G i PARKS EC I N C MITTE 1 By: atrick altonstall, lair ATTEST By: —q\I Sheila Smith, Secre ary ` Community Development Department APPROVED: October 24, 2017 OCT 2 5 2011 i I I Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 118 of 132 AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES September 26, 2017 Regular Meeting 6:30 p.m: Conference Room CALL TO ORDER Daniel Mckenna-Foster called to order the September 26, 2017 Parks and Recreation Committee regular meeting at 6:30 p.m. ROLL CALL Committee members present were Ben Millstein and Dale Stratton. Absent members were Patrick Saltonstall, Helm Johnson, Steve Paulson, Paige Simeonoff. Ex -officio member present was Corey Gronn. Absent ex -officio members were Ron Bryant, Rebecca Skinner, and Alan Schmitt. A quorum was not established. Community Development Department staff present was Daniel Mckenna-Foster. ADJOURNMENT Due to a lack of quorum, the meeting was adjourned at 6:39 p.m. KODI K IS BOR UGH P A DR EATI N COM�AIVEE By: 1` Pa rick Saltonstail, Chair ATTEST By:�,� �,� —� �dY� � /k Sheila Smith, Secretary Community Development Department APPROVED: October 24, 2017 2--D 2017 I ^t OCT 2 5 2011 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 119 of 132 AGENDA ITEM #A.A. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes September 20, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the September 20, 2017 regular meeting of Wlarplffi, I I & Zoning Commission at 6:30 p.m. f PLEDGE OF ALLEGIANCE II CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger (arrived 6:36 p.m.), Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Director Mason, Sheila Smith, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the August 16, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll free is 1-855-492-9202. A) CASE 18-004. Request a Variance to reduce the off-street parking requirement from forty-six (46) spaces to thirty-six (36) spaces to allow for the construction of a 750 square foot second story outside deck addition to an existing small scale brewery on Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision (KIBC17.195 and 17.175.040.A). The applicant is Ben MillsteiNTangible Investments, LLC and the agent is Cache Seel. The location is 117 Lower Mill Bay Road and the zoning is B -Business. COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.175.040.A and 17.195, to reduce the off-street parking requirement from forty-six (46) spaces to thirty- six (36) spaces to allow for the construction of a 750 square foot second story outside deck addition to an existing small-scale brewery on Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision, and to adopt the findings of fact listed in the staff report dated Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 1 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 120 of 132 AGENDA ITEM #A.A. September 6, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 18-004. Maker handed out to the commission pictures. Maker reported that the brewery wishes to construct an outside deck addition above the covered entryway at the front of their building. The addition would expand the general assembly area by 750 square feet. The expanded area would increase the facility's total off-street parking requirement from 33 to 46 spaces (13 additional spaces are required for the deck). The current parking plan on file shows 33 spaces. A variance to reduce the total off-street parking requirement for the existing brewery with deck addition from 46 to 36 spaces is required for zoning compliance to be issued. Staff recommends approval of this variance. Open public hearing: Sharon Blakeslee spoke in favor of the request. Ben Milistein, applicant, spoke in favor of his request. Close public hearing: Commission discussion re: deck being accessed via stairs outside, entry/exit & stairwell, parking being a problem downtown, the non -complying caretaker residence in the accessory building not being figured into parking calculation, and parking calculations not being correct. FINDINGS OF FACT 1. The off-street parking requirements of Chapter 17.175 KIBC apply to the subject B - Business zoned property. Those requirements do not apply to other nearby B - Business zoned properties. As a result, special conditions in the form of off-street parking requirements apply to some downtown properties, but do not apply to other downtown properties that are in the same land use district. 2. The strict application of code would prevent the expansion of an existing business in a manner that would potentially benefit the downtown area. Preventing such development is contrary to specific economic goals, policies, and implementation actions listed in the Comprehensive Plan. 3. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. The proposed deck will be constructed to meet the requirements of the adopted Building Code. There are ample public off-street parking areas that are capable of accommodating any overflow parking needs that may result from the proposed deck. In addition, the likely increase in foot traffic between the brewery and those parking areas has the potential to benefit other nearby businesses. 4. The granting of the variance is consistent with various land use and economic goals, policies, and implementation actions listed in the adopted Comprehensive Plan, particularly those that recommend support of downtown businesses and revitalization of the downtown area. 5. The actions of the applicant did not cause the special conditions from which relief is being sought. Those conditions are the result of changes in off-street parking requirements that have occurred since the construction of the subject building. 6. The granting of this variance will not permit a prohibited land use in the B -Business district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 2 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 121 of 132 AGENDA ITEM #A.A. OLD BUSINESS None NEW BUSINESS A) FY2018-2022 Capital Improvement Projects List Director Mason reported there is a brief memo along with a new resolution that captures the work session discussion. She listed what was removed and what was added. COMMISSIONER SCHMITT MOVED to approve Planning and Zoning Commission Resolution FY2018-01. Commission discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • October 11, 2017 Work Session -6:30 p.m. -Borough Conference Room • October 18, 2017 Regular Meeting -6:30 p.m. Due to upcoming APA conference, holidays, and staff travel, there was commission consensus to modify the October, November, and December meeting schedule: October work session -October 18, 2017, regular meeting -October 25, 2017, November work session -November 8, 2017 and the regular meeting- November 29, 2017; and the December work session -December 6, 2017 and the regular meeting -December 13, 2017. B. Minutes of Other Meetings COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855- 492-9202. None STAFF COMMENTS Director Mason stated to make sure to give Smith their preferences for the conference. Jack Maker said next week he is going to the Hazard Mitigation Planning Workshop and then he is taking some annual leave. Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 3 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 122 of 132 AGENDA ITEM #A.A. COMMISSIONER COMMENTS Greg Spalinger said he would be out of town October 5th through December 13U' weather permitting. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:22 p.m. ATTEST By: enw Sheila Smith, Secretary Community Development Department APPROVED: October 25, 2017 Kodiak Island Borough September 20, 2017 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair Planning & Zoning Commission Minutes Page 4 Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 123 of 132 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: October 3, 2017 Call to order: 7:08 pm AGENDA ITEM #A.A. ORIGINAL Commissioners Present: Jason Chandler, Dave Conrad, Dave Heuman, John Isadore, George Lee and Chris Windnagle. - _..__..•._ __,__ Commissioner Excused: Billy Ecret, Others present: Katie Heglin, Resident. NOV 16 2011 Agenda approved I Minutes approved and signed: Regular Meeting of Aug. 1, 2017. Katie Heglin liked ditch work by mailboxes but would like to the see more ditch work on Kalsin Drive along Lechners frontage. Contractors Comments: Kevin Amdt, MK Construction • Kalsin Ditching done • Culverts cleared by failing at Cummiskey's, Skinner's culvert pending. • Schwantes driveway on BF in progress, culvert needed. • Cross road culvert outfall erosion to be mitigated on Kalsin/IJgak and Middle Bay Dr at Olsen's double, pending Brushing needed to eliminate grader interference, 1 day left. D1 to be added on BF Rd (4 loads) at the 'new' fish culvert, and at the Birch Cir- cle/Skinner efforts (3 loads to slope Birch towards the ditch) Chairman's Comments: Unreserved Fund $103,335 on July 1, 2017 100% Revenues for Road and Fire received, 22% and 29% respectively of bud- gets were expended in first quarter of the FY. (July Aug Sept.) Ditches filled from grading slough -off to be pulled at Contractors expense Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 124 of 132 AGENDA ITEM #A.A. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • Emergency Generator: installation complete, it is being run monthly. Emergency Cut-off switch to be installed on generator. • Em Shelter Convenience Sink Cabinet installed. Punch list in progress. • Community Center Rental Agreement-KIB review pending. Road Service Ditch on Kalsin done. 1 day of Brushing for grader clearance left to do Culvert and ditching and 2-3 loads Dl pending for Skinners work order • 4 loads of Dl for BF Rd at fish culvert pending Fire Deaartment- none Road Service Priority of near tern work o Pot hole patches. Brechan to fire Plant 10.16. Contractor to do IR test re- pair at Fire Hall on alligator center patch. o Ditch on Womens Bay Dr below Petites and by Springers o DI for Leta Street .=01=11 ,. ail • JI; If IR doesn't work need to use cold patch. Should try IR on large cracks Edger- ly is putting in a driveway but needs an 18" culvert to keep ditchline open • JC; Cracks in centerlines on S Russ Ck need attention • CW; Congiats to GL and JI and DH being re-elected to WBSAB • DC; Berm on Lake Orbin gone but too much other material was wasted in areas not within the scope of work. DH; We need to remember the 4 loads of D1 at the Fish culverts. Next Regular Meeting on Nov 7, 2017. 7:00 PM at the WBFD Meeting adjourned at 8:40 pm Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... page 125 of 132 WOMENS BAY SERVICE AREA BOARD REGU MEETING MINUTES CRAPERSON WNW),N IN AGENDA ITEM #A.A. Architectural/Engineering Review Board Regular Meeting Minutes Of Octobe... Page 126 of 132 TO: Mayor and Assembly AGENDA ITEM #B.A. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending October 31, 2017 BALER BUILDING EXTERIOR IMPROVEMENTS Jensen Yorba Lott (JYL) began the design process to replace the roof of the Baler Building in 2016. After several reviews by the Architectural/Engineering Review Board (ARB), the design now includes a base bid for a new metal roof and an alternate bid for an insulated panel roofing system. ARB discussion also brought up replacement of the exterior siding at the same time as the roof. JYL completed design for the siding replacement, and the 95% documents for both the roof and siding were reviewed and approved by the ARB on June 6, 2017. The design documents have been compiled to be bid as one project for both the roof and siding. An ARB meeting is scheduled for November 7, 2017 to review the 100% documents before putting the project out for bid. BAYSIDE FIRE DEPARTMENT WINDOWS The Fire Protection Area No. 1 Board approved funds to replace existing windows at Bayside Fire Department. Projects Office staff compiled a bid package for this work and it was issued on October 31, 2017. Bids are due November 16, 2017. CHINIAK TSUNAMI SHELTER Design work is continuing to replace the Chiniak Tsunami Shelter and Library that was destroyed in the Twin Creeks fire. During 2016, staff held several meetings with the Chiniak community to discuss the details of a new building and Jensen Yorba Lott (JYL) has provided design documents. Those documents have been reviewed several times by the Borough's insurance carrier, and staff is currently working with the insurance company to settle on a design that is within the acceptable cost range. EAST ELEMENTARY INTERIOR RENOVATION This project was included an the list of bond projects approved by voters in 2014, and is for replacement of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. The project was split into two phases: Phase 1 included renovation of existing restrooms and was completed in September 2017. Phase 2 will be hazardous material abatement and installation of new flooring, cabinets, countertops, and doors, and is scheduled for summer 2018. The design documents for Phase 2 are currently being finalized, and will be issued for bid in November 2017. KODIAK MIDDLE SCHOOL BOILER REPLACEMENT At the Assembly work session on September 14, 2017, KIB and KIBSD staff presented the issues with the two fuel oil boilers at Kodiak Middle School. The Alaska Department of Education and Early October 2017 Projects Status Report, Project Budget Status, Change Order... Page 127 of 132 AGENDA ITEM #B.A. Development denied the request to replace the boilers and associated equipment as a change order to the KMS Fire Alarm, Controls, and Elevator project but is still reviewing the request to redirect excess funds from that project to create a new project. Staff is now working to replace one of the boilers with an electric boiler as soon as possible. Following approval of Ordinance FY2018-OIA on November 2, 2017, staff is proceeding with ordering an electric boiler and getting pricing on installation. The goal is to install the electric boiler no later than January 2018. This work would be reimbursed by Kodiak Electric Association, and provide a reliable boiler for the school. Replacement of the other boiler and boiler room equipment is currently in design and will be bid as a separate project, with the goal to do the work during summer 2018. MAIN ELEMENTARY WALKWAY The elevated walkway that leads from Powell Avenue to the main entrance at Main Elementary was closed in September 2016 due to concerns about corroding metal decking and concrete. PND Engineers completed design to replace the walkway and Wolverine Supply is the contractor. As of October 31, 2017, the new walkway and handrails were in place and complete. The infills for the handrails have not yet arrived on site, and plywood panels have been installed temporarily to provide a safe walking surface. The school district has decided to keep the walkway closed until it is 100% complete, which is currently scheduled for mid-December 2017. Installation of New Handrails New Walkway with Plywood Infills PAVING (KMS/PETERSON) AND LIST REPLACEMENT New Concrete Slab This project was included on the list of bond projects approved by voters in 2014, and is for removal of the underground storage tank and installation of a new aboveground tank at Kodiak Middle School, and paving of the parking lot at Peterson Elementary and behind Kodiak Middle School. Jensen Yorba Lott is the architect for this project and began the design process in June 2017. The Architectural/Engineering Review Board met on October 4, 2017 and approved the 95% design documents. The project was issued for public bid stating October 25, 2017, and bids are due November 28, 2017. Construction is scheduled for summer 2018. UST REPLACEMENT — MAIN, OLD HARBOR, PORT LIONS This project was included on the list of bond projects approved by voters in the 2014 election, and is for removal of underground storage tanks at Main Elementary, Old Harbor, and Port Lions and installation of new aboveground tanks at Main and Port Lions. (Old Harbor already has a new aboveground tank.) Jensen Yorba Lott is the architect for this project and began the design process in June 2017. The Architectural/Engineering Review Board met on October 4, 2017 and approved the 95% design documents. The project was issued for public bid stating October 17, 2017, and bids are due November 16, 2017. Construction is scheduled for summer 2018. Project Status Report — October 2017 Page 2 October 2017 Projects Status Report, Project Budget Status, Change Order... Page 128 of 132 AGENDA ITEM #B.A. October 2017 Projects Status Report, Project Budget Status, Change Order... Page 129 of 132 o m v C m v Iii DO N N iD O N LD u1 N e -I Vl V} VT VT 1A V} � m m V .rv-i m O] rl N H O R V H N ei • 1A VT 4A Vl N to V? ti m ti a o urvi a a N N O p iD m ❑ iD N �D ry ¢ n o ¢ v ❑ O t H Ci O„ d O m Ln CO y a w a a -pbi ai o C 'O m rmO O O O VI c W C ,❑ Ln D m u a E E y u0i N m v a m n a f0CU W O r a v a o O 'i v v v 3 � v +[E' ohmo 0 oommm Nh n o a cOEv E= oO ¢ C •� .M CL M m c O O 4❑ � 0 0 3 3 N x� x C o. c - c Z' c c c c v ¢ �i l7 l7 E a, m a c Q, o, v o, '^ a v a m a a Y a 4ziia E u v a = a w 4 T m m m W Y 2 O V~ Z) October 2017 Projects Status Report, Project Budget Status, Change Order... Page 129 of 132 AGENDA ITEM #B.A. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending October 31, 2017 Below is a summary of approved change orders for capital projects for October 2017: Main Elementary Elevated Walkway Repairs Wolverine SupplV, Inc. — Contract 2017-39 Change Order #02 - $724.56 Existing steel C Channel between G.L. E and F at 7.5 is 1/2" higher in elevation than the remaining structural steel. Additional scope of work includes: • Remove existing C Channel • Provide new steel C Channel to match existing and fabricate to fit as per Option 1 on RFI 03 • Install/weld in place • Prime and paint as required Rural School Playground Replacements AIM Maintenance — Contract 2017-25 Change Order #03 - $5,790.00 1) Change Order No. 1 included a credit of $11 per cubic yard for rock chips provided from the KIB landfill. Final quantity was 400 cubic yards. ($4,400.00) 2) Due to existing obstructions and grades, additional labor and equipment was required at the playground sites in Akhiok, Karluk, and Port Lions to provide a level area for new equipment. $10,190.00 Change Orders — October 2017 October 2017 Projects Status Report, Project Budget Status, Change Order... Page 130 of 132 October 2017 AGENDA ITEM #B.A. Budget Status, Change Order... Page 131 of 132 October 2017 P E z " N " N O N N O N dm 0 O� m VI m N N O O N O n N m O O P y m ti T a u1 0 V N E yN o ry 8 O ry 8 ry SN O 'a N a m O m N P m N m iO N Yml vi O P T vl Q m N 0 3 a a N a m n 2 E c $ 2 m o E E r m in d m in a d w g i:ry - E E E E 2 v E E E a E E y E U 6 7� � V V m N 61 � pV pV pV yy V X t O - N n m O N O m O O N O m O m O - h a N N Y N N m N O N m N V N N N h fOV E > a c m c s d i s i w m o E b L r N y Y C O d m L` c e p a c E u a A ¢ i ao a A a r oje t t f2 r , rhe t 4ud Eg St to t��g r... a LL Page 132 of 132 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: December 8, 2017 MEMO TO: Joe Levesque, Borough Attorney FROM: Laurie Pardoe, Deputy Clerk RE: Potential Conflict of Interest This legal opinion request is to address a concern voiced in a proposed resolution drafted by an Assembly Member citing a potential conflict of interest with regard to another individual serving on the Assembly. The document cites the individual's employment with the City of Kodiak as the source of potential conflict and outlines concerns and some history of the issue. Subsequent to staff receiving the Resolution, (insert number here) Assembly members have agreed to request a legal opinion at this time. Additional questions regarding the broader topic of potential conflicts of interest have been added for the Assembly's clarification. The enclosed attachments were included for context. Below are the questions that you are requested to address: 1. According to KIB Municipal Code, would an individual's employment as the Deputy City Manager conflict with their duties as an Assembly Member? 2. If a conflict exists, under what circumstance(s) does that conflict exist? 3. If a conflict exists, what is/are the appropriate course(s) of action to resolve the conflict? 4. Does our current code and practice permit an Assembly Member to vote on contracts (where KIB dollars flow to City) between City and KIB? Follow-up: is there an Alaska best practice we should consider? 5. Same question for policy related issues related to City and KIB- for example consolidation? 6. Does our current code and practice permit an Assembly Member to vote on a road issue, given that they own property on said road? Please note that this memo constitutes the request for the opinion, not the resolution as it has not been acted on by the Assembly. The author of the proposed resolution wished to include the following as context for the legal opinion request: There are many issues that the Assembly must deal with that involves transactions between the city and borough, and these issues have the potential for financial and regulatory impacts on both bodies. These include MOU's and Contracts (E.g. emergency response services and fees, law enforcement services and fees, building code compliance and fees, the Borough wide imposition of phone use fees to fund City Police dispatch services, facility use contracts and rents; land sales, trades, and use agreements, etc..), as well as the division of responsibilities and authorities, land acquisitions, land use policies, the establishment of boundaries, and the consideration of annexation and/or consolidation. Public and Assembly member concerns have been expressed, that it appears to be a conflict of interest, and at the least highly inappropriate for an Assembly member to participate as an Assembly member (and not as the City Manager) in discussions and votes on issues that he is also responsible for developing, managing, administering and overseeing when acting in his official capacity as the Deputy City Manager. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Introduced by: Assembly member Crow Drafted by: Assembly member Crow Introduced on: XX/XX/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY201X-XX A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REQUESTNG A BOROUGH ATTORNEY OPINION AND LEGAL COUNCIL CONCERNING A POSSIBLE CONFLICT OF INTEREST OF ASSEMBLYMAN VAN DAELE AND HIS EMPLOYMENT WITHTHE CITY OF KODIAK AS THEIR ASSISTANT MANAGER WHEREAS, on October 4, 2016, Mathew Van Daele was elected to the Kodiak Island Borough Assembly; and WHEREAS, on August 7, 2017 Assembly member Van Daele accepted a position as the Assistant Manager for the City of Kodiak; and WHEREAS, the Kodiak Island Borough has historically contracted with the City of Kodiak to provide various services, and continues to do so; and WHEREAS, the Kodiak Borough and City often have significantly different positions on issues affecting both municipalities; and WHEREAS, the Kodiak Island Borough contracts with the City of Kodiak for 911 dispatch services, and Assembly member Van Daele was allowed to participate in discussions and vote on the assessment of fees for all phone users in the Kodiak Island Borough to help fund the City's police departments dispatch service which benefitted the City of Kodiak financially; and WHEREAS, Assembly member Van Daele has been allowed to participate in discussions and vote on the design and funding of the Service District approved State of Alaska Otmeloi Way road improvement project, that will negatively impact land he owns, and WHEREAS, serving as the Assistant City Manager, Van Daele has been the lead developer of a proposal to expand the City of Kodiak boundary by annexing vast areas of the Kodiak Island Borough road system, and WHEREAS, Assembly member Van Daele serves on the Kodiak Island Borough Lands committee and recommends that Borough lands be held for public use, disposed of by sale, or traded, and he has voted on and participated in discussions concerning the disposition of lands desired by the City for their use, and that the City has expressed an interest in, and Kodiak Island Borough, Alaska Resolution No. FY201X-XX Page 1 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 NHEREAS, historically other Assembly members have been recused from participating in Jiscussions and voting on issues and contracts that would have specifically impacted or affected their employer (e.g. contracts with the Borough), and WHEREAS, various citizens and Assembly members have voiced concerns about these appearances of impropriety and conflicts of interests and the potential for continued conflicts of nterest and the appearances of impropriety. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: The Manager shall request that the Borough Attorney review these past actions and the employment of Assembly Member Matthew Van Daele as the Assistant City of Kodiak Manager to determine whether existing code addresses any of these issues, whether or not there is a reasonable cause for concern and if so, suggested code changes, and recommendations for resolving any problems caused and preventing potential future conflicts of interest and and/or the appearances of improprieties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 201X. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY201X-XX Page 2of2 Kodiak Island Borough Assembly Regular Meeting Guidelines December 7, 2017, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 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. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: Regular Meeting Minutes Of September 7, September 21, and October 4, 2017. Approving Memoranda Of Understanding For Non -Profit Funding. # Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES -* Regular Meeting Minutes Of September 7, September 21, and October 4, 2017. Kodiak Island Borough Assembly Guidelines December 7, 2017 Page 1 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) PLEASE ANNOUNCE: Public hearing will be held later on the agenda. Citizens comments are for general comments and for items that are NOT scheduled for public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS A. Bayside Fire Department Update - Chief Howard Rue 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 - Multifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). Recommended motion: Move to adopt Ordinance No. FY2018-32. Staff Report — Manager Powers. 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 THE MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines December 7, 2017 Page 2 13. NEW BUSINESS A. Contracts 1. Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak Recommended motion: Move to direct the Borough Manager to execute the updated Building Inspection Program MOA between the Kodiak Island Borough and the City of Kodiak. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Resolutions 1. Resolution FY2018-17 Extending The Lease For The Providence Kodiak Island Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 - Year Lease. Recommended motion: Move to adopt Resolution No. FY2018-17. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinances for Introduction — None. D. Other Items 1. Alaska Research Consortium Request for Funding Recommended motion: Move to authorize funding for the Alaska Research Consortium in the amount of $2,500. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. *Approving Memoranda Of Understanding For Non -Profit Funding 3. 'Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule, Kodiak Island Borough Assembly Guidelines December 7, 2017 Page 3 4. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. Recommended motion: Move to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14. 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. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will hold a work session on Thursday, December 14, 2017 at 6:30 p.m. in the School District Conference Room.The next regular meeting is scheduled on Thursday, December 21, 2017 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a maiority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Assembly Guidelines December 7, 2017 Page 4 § k ■ ) 2 ) K K 9 m K m K q w � § .. 2 CD ) # CD CDB »CD » G §0\§F k f ) 7 CD . f 7 / 0 io; ?7 n >� & \ * 7 r 7/] �3 �� MU cn CL CD c CO ) / CoIZO \ \ ƒCO ) M f i f f (/ F m n )( 2.2 i f 3 ; 0/ e o / \ 0 / i } § § = § m K » § CD * c U G § cr - b \ k j\ i f .£ F 7 7 f p7 ] > E& 7 e 0 7 0 § . ƒ ErCD§ ] / k C } © § m § .) m E q ' E 3 \ _ ƒ q $ § � « i f 7 F i m 7 � ®� ® ° ° m ~ 7{ k o 3 ƒm § A § \ \ y § . § § k ■ ) 2 KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: Decemkr off, TO( t Please Prary I your name Please PKIN i your name View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2018, No. 11 December 08, 2017 At Its Regular Meeting Of December 07, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, December 21, 2017, At 6:30 p.m. In The Borough Assembly Chambers. Due to lack of quorum the Assembly’s regular meeting was adjourned.