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2017-12-14 Work SessionPage 4-17 18-34 Kodiak Island Borough Assembly Work Session Thursday, December 14, 2017, 6:30 p.m. School District Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda, Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS a. Mission Lake "Tidegate" Service Area Board Presentation ^ Tidegate Assessment District Mission Lake TideGate Packet from 2002 2002-21 Election Result Mission Lake supplementals b. Killarney Hills Subdivision Resolution No. FY2018-18 C. Personal Property Taxes d. Bio Dry Taxation Issue 3. MANAGER COMMENTS 4. CLERK'S COMMENTS 5. PACKET REVIEW PUBLIC HEARING Items marked with a hashtag ® were reviewed during the November 30 work session. I 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). State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of Controlling Interest For Safeway Liquor Store #1090 FROM Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 1 of 35 Albertsons Companies, LLC TO Albertsons Companies, Inc. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Controlling Interest For Safeway Liquor Store #2522 FROM Albertsons Companies, LLC TO Albertsons Companies, Inc. CONTRACTS Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools (Main Elementary, Old Harbor School and Port Lions School). Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools (Kodiak Middle School and Peterson Elementary). Contract No. FY2018-20 East Elementary Renovation Phase ll. I Contract No. FY2018-21 Update To The Building Inspection Program Memorandum Of Agreement Between The Kodiak Island Borough And The City Of Kodiak. RESOLUTIONS I Resolution No. 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. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R- 2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group's Scope And Authority. OTHERITEMS ® Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board (Mr. Craig Johnson). Confirmation of the Assembly Appointments to the Citizens Board of Equalization. (Ms. Paula Laird & Mr. John Parker). Alaska Research Consortium Request for Funding. *Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule. ® *Approving a Memoranda of Understanding For Non -Profit Funding. 6. ASSEMBLY MEMBERS COMMENTS Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 2 of 35 35 7. MAYOR'S COMMENTS 8. SUPPLEMENTALS R Sign in sheet Visit our website at www.facebook.com/Kodiakislandborough© @KodiakBorough www.kodiakak.us 91 Page 3 of 35 AGENDA ITEM #2.a. TCA PIN I LEGAL DESCRIPTION OWNER OF RECORD USE ZONE 71 20741 BUM TR B MISSION LAKE ALASKA STATE OF (1807) VAC CN 71 20869 USS 3099 LT 16 PTN CITY OF KODIAK (5252) VAC R2 71 21253 USS 3233 LT 8 & PTN 9 CITY OF KODIAK (5252) VAC RR1 71 21263 USS 3233 PTN LT 9 BURCH, TIMOTHY & AGNES (152846) SFR RR1 71 21272 USS 3233 LT 10 BURCH ALVIN (4526) SFR RR1 71 21274 USS 3233 LT 12 BURCH ALVIN (4526) VAC IRRI 71 21281 USS 3233 LT 13-15 ZIMMERMAN BARBARA (19446) SFR RR1 71 21300 USS 3233 LT 7 ZIMMERMAN BARBARA (19446) VAC RR1 71 21338 USS 3233 LT 11 BURCH ALVIN (4526) VAC RR1 71 20743 USS 1822 SOUTH PTN WOM AMER BAPTIST MISSION (19228) VAC RR1 71 20744 SPRUCE HAVEN LT 3 HAVILAND ANN (154162) SFR RRl 71 20745 SPRUCE HAVEN LT 6 IJOHNSON R. HOLMES MARIAN (9521) SFR RRl 71 20746 SPRUCE HAVEN LT 7 JOHNSON DAVID (9422) SFR IRRI 71 20747 ISPRUCE HAVEN LT 2 JOHNSON CRAIG TERRIE (9406) SFR RR1 71 20748 SPRUCE HAVEN LT4 JOHNSON JAMES E (9463) SFR RRl 71 20749 SPRUCE HAVEN LT 5 WOLF ALAN & ROSE LIVING TRUST (153512) SFR RRl 71 20750 USS 1822 PTN MUTCH SAMUEL DOREECE (13324) SMA RR1 71 20751 SPRUCE HAVEN LT 1 SPRUCE HAVEN LOT OWNERS ASSN (17014) VAC RRl 71 20758 USS 2843 SOUTH PTN MISSION WOM AMER BAPTIST MISSION (19228) VAC RR1 71 20759 EMMONS BK 1 LT IA JOHNSON JEREMIAH (151529) 71 20760 EMMONS BK 1 LT 1B ENSIGN RANDAL P PAULA G (6793) 71 20761 FINLAY ESTATES LT 3 BEEHLER, DANIEL (151511) +IFRRl 71 20868 FINLAY ESTATES LT 1 FINLAY DALE (7194) 71 20870 USS 3099 LT 17 HORN JUSTIN A (154695) TOP THREE PROPERTIES (IN RED) ARE TAX EXEMPT. ALL rOTHERS ARE TAXABLE AND PAY TIDE GATE ASSESSMENTS. Page 4 of 35 Mission Lake "Tdegate" Service Area Board Presentation Kodiak Island Borough Meeting of: March 7, 2002 AGENDA ITEM #2.a. ITEM NO. 12.A Ordinance No. 2002-02 Ordinance No. 2002-02 Calling for a Special By -Mail Election to Submit to the Qualified Voters the Question of Establishing the Mission Lake Service Area to Provide Construction, Operation, and Maintenance of the Mission Lake Tide Gate. This ordinance would initiate the process for creation of a Service Area within an existing Service Area. The service provided shall be the construction and maintenance of a "tidegate" to ensure there will be no tidal influence into the waters of Mission Lake and to maintain the current lake level. Numerous property owners have signed a request for the Borough to take on financial responsibility for the tidegate project, which can only happen through the service area process, or through the creation of Borough par park would allow the use of Borough Genera! Fund revenues for the construction dm intenance of the tide gate. This ordinance was passed in first reading and remanded to staff for futher analysis of the parcels to be included in the Service Area. Based on staff review, the manager recommends the Assembly amend the ordinance to delete the area of the Baptist Mission property north of Mission Road. Staff found that the Mission Road right-of-way created four parcels instead of the current two parcels that were reflected in the original ordinance. Page 5 of 35 Mission Lake "Tidegate" Service Area Board Presentation SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. 2002-02 AGENDA ITEM #2.a. Introduced by: Manager Carlson Requested by: Assembly Drafted by: Borough Clerk Introduced: 01117/2002 Public Hearing: 02/07/2002 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY CALLING FOR A SPECIAL BY -MAIL ELECTION TO SUBMIT TO THE QUALIFIED VOTERS THE QUESTION OF ESTABLISHING THE MISSION LAKE SERVICE AREA TO PROVIDE CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE MISSION LAKE "TIDEGATE" WHEREAS, the Mission Lake "tidegate" is old and in need of replacement; and WHEREAS, numerous Mission Lakefront property owners have signed a request for the Borough to take on financial responsibility for the "tidegate" project; and WHEREAS, Mission Lake is privately owned and funds from the Borough general fund cannot be used for maintenance of the "tidegate"; and WHEREAS, an assessment district would allow construction of a "tidegate" only and not provide for ongoing maintenance; and WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) 4.05.040 provides that the assembly shall initiate any action to alter a service area by introducing an ordinance effecting the proposed action; and WHEREAS, KIBC 4.05.050 provides that the assembly shall consider the need for services within the area, and the feasibility of providing them, considering the area's size, population, and the facilities and services already existing; the assessed or estimated value of all taxable property within the area; the characteristics of the area indicating its cohesiveness as a community; and the area's ability to pay for the proposed service; and WHEREAS, KIBC 4.05.060 provides that an ordinance establishing a service area shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. Section 7 of this ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Section 2: Election. Upon the adoption of this ordinance, a special by -mail election shall be held within the area shown on the map attached hereto, to place before the registered voters residing within said proposed service area the following question: "Shall the Kodiak Island Borough exercise the powers necessary to provide construction, operation, and maintenance of the Mission Lake "tidegate" within the area indicated on the attached map? YES ❑ NO ❑ The map attached to this ordinance shall accompany the ballot. Kodiak Island Borough, Alaska Ordinance No. 2002-02 Page ItPWI 3 3 Mission Lake "Tidegate" Service Area Board Presentation AGENDA ITEM #2.a.• Section 3: Qualifications. A person is qualified to receive an election pamphlet and ballot if their voter registration address is within the proposed service area indicated on , the attached map. Section 4: Election Date. The election date specified in Kodiak Island Borough Code of Ordinances section 7.70.020 shall be kpril-Q&y Y8., 2002. Section 5: Notice. Notice of the special election shall be published not less than twenty days prior to the election in the form and manner specified in the Kodiak Island Borough Code of Ordinances section 7.10.060. Section 6: Mailing of Ballots. the clerk shall mail ballots and pamphlets to the qualified voters as specified in Kodiak Island Borough Code of Ordinances section 7.70.010c on or before the 22nd day before the election. Section 7: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding Chapter 4.130 as follows: Chapter 4.130 MISSION LAKE SERVICE AREA Sections: 4.130.010 Creation and powers. 4.130.020 Board. 4.130.010 Creation and powers. The Mission Lake service area is established pursuant to Ordinance No. 2002-02 and encompasses the area as indicated on the map attached to that ordinance. Construction, operation, and maintenance of the Mission Lake "tidegate" shall be provided in the Mission Lake service area. 4.130.020 Board. The Mission Lake service area board shall consist of three (3) members appointed by the assembly. Section 8: Effective Date, Sections 1 and 2 shall become effective at midnight on the day of adoption of this ordinance. Section 7 shall become effective on the first day of the fiscal year following certification of the special by -mail election, if a majority of those qualified voters cast their ballots in favor of establishing the Mission Lake service area. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2002. ATTEST: Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Mission Lake "Tidegate" Service Area Board Presentation KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor aakPage � z 3 AGENDA ITEM #2.a. W :: Page 8 of 35 AGENDA ITEM #2.a. •aa OooSSop�pSSooS�000$5��� [t V W OOOn O N'QO M 0 47 1A p'j 0 0 0� O (D O M O V M LOW) WW O' r r 1ff11 l[1 1 69V) NN 69 M f9 u9 u9 V) , NNV) 69 w) f �N9 CO 64 NN K�SO HK 609 u9 fA IV>fA O 609 S� 0f�9� S O CC 0 0 CO inLn 0 w V> I 69 w u9 OMO SOOV)u09 (gO�00 0OW OS OOOO fA �b09 0 V 7 W n mr0 rtpr06 0 OOP'! � N 10 W NNLO W9Wm rW0 �a N;)N O i9 V) 49 44 H m V) N pppp pSS88S p u9 OO O S O O O S O PO' J I t) O N I% O O O* O 1171 0 0 0 0 0 1[)0 QI M W CD O W R W O W O W u9 n69 d) E9 V) V) ung V) mN um9 NV) to mdi , En W w w O V) to N En T a > 3LLxov ,c�v�33oJzaHzozz3z 0 _ y O a 20 Y d m m V N N N o `a 0 0 0 0 ° m Y Y S H P) N IA N N N L y N T t L L f� y Ia Y 0 0 C C C C C a � +- y N FF U .L C 000000 aScs>>> 0a.341�' H m -� 2 m x IL x(n Ill C13 U) A K N C-1 C.) r 0 00 r N t!] O r aN m V OloNS N m WgO $0 gmgi o oN�nnwn n�nl-Inm n I 0 N N m W a r r L m d m��nr.rnT;QmmIL o6 Ci � o m (_ > N CL D a M EL �a a a r r r o. Q Q N y m m NW NCO CO CO NW m SP m W W!n SMR Rzz j CLU _ r r r N 4} Q} mCr) m m m O O m m m am E z I I yNCn W fA fA rn rnyZztn fn to fq fA��JfAN II Page 9 of 35 Mission Lake "Tidegate" Service Area Board Presentation AGENDA ITEM #2.a. KODIAK ISLAND BOR O UGH Assessing Department MEMORANDUM TO: %b Pat Carlson, Borough Manager FROM: Geoff Mould, Borough AssessorCO*�k Duane Dvorak, Community Development Director/0 irector /i',�'/ DATE: February 27, 2002 ��12 (/ SUBJECT: Proposed Mission Lake Tidegate Service Area This document is submitted as a result of staff's review of the proposed Mission Lake Tidegate service area. Pursuant to your request, staff has initiated an analysis as to whether or not the Kodiak Baptist Mission (KBM) properties would be more accurately described as separate parcels because of the Mission Road right-of-way. The Mission Road right-of-way appears on Borough maps to effectively divide the bulk of KBM property from the Mission Lake frontage. At present, the entire KBM complex located on U.S. Survey 1822 and U.S. Survey 2843, are included as part of the proposed service area. Research of U.S. Surveys and plats indicate that Mission Road has been a recognized right-of- way on Kodiak Island since before statehood. The right-of-way, however, was not formally dedicated or platted. Dedication of right-of-way was not a common practice for surveys done in rural areas prior to statehood. A 1984 Department of Transportation acquisition project along Mission Road, which was initiated to re -align the road right-of-way prior to a planned road improvement project, shows that certain land area was purchased from the Baptist Mission and other neighbors to supplement the existing road right-of-way. According to recorded documents provided by the Right -of -Way Division of the Alaska Department of Transportation and Public Facilities, the additional right-of-way was acquired in fee simple title. Kodiak Island Borough subdivision regulations imply that a right-of-way through a property effectively subdivides that property, for practical purposes, into separate lots on either side of the right of way.' As indicated previously, the Mission Road right-of-way pre-existed the original surveys creating the K 3M property. As such, the original right-of-way predates the existence of the Kodiak Island Borough, and the State of Alaska survey and platting requirements, and is therefore considered grandfathered under the applicable federal laws that existed prior to statehood. The 1984 re -alignment of the right-of-way probably should have been reviewed and ' KIBC 16.20.190 Right -or -way. A strip of land which is dedicated, granted, or reserved for construction, maintenance, and use for the passage of vehicles or pedestrians. (Ord. 90-15 32 (part), 1990). Page I of 2 Lai -e\ IriP\ICIB Mem�regaTrrd yf Ba�ti ttivlission Property.doc Page 10 of 35 Mission La e " I teegate ervtce Area o r es n a ion AGENDA ITEM #2.a. coordinated through the Borough's platting process, unless it was somehow exempted by state law at that time. In the historical context, however, staff considers this action to be simply a modification of the original right-of-way, which does not alter the status of the right-of-way. Staff observes that there was apparently no manifest need to make this investigation or determination in past, perhaps because the KBM is a tax-exempt entity and the KBM complex is partially exempt from real property tax. It appears that when the two U.S. Surveys making up the bulk of the KBM site were originally entered on the property tax assessment roll, each parcel was lumped together without regard to Mission Road. As a result, both parcels have land area on either side of Mission Road. Without the existence of a recorded plat, and based upon staffs evaluation of the historical status of Mission Road right-of-way, staff has determined the appropriate course of action is to correctly recognize U.S. Survey's 1822 and 2843 as each having two parcels, one on each side of Mission Road. This change will alter the real property tax roll of the Kodiak Island Borough. More importantly, this determination will also alter the proposed Mission Lake tidegate service area to exclude those portions of the Baptist Mission property west of Mission Road. This will serve to more accurately reflect the intended benefactors of the tidegate service area. If you or the general public have any questions about the forgoing analysis and determination, staff is available to go over the historical documents that were used in this review or to make those documents available to the public. List of Review Documents: U.S. Survey 1822, Dated September 22, 1931 U.S. Survey 2843, Dated June 9, 1950 Plat 51-1, Dated August 4, 1951 Letter from K1B to ADOT/PF, Dated: February 8, 1985 Letter from ADOT/PF to KIB, Dated: February 14, 1985 Warranty Deed, Book 71, Pages 321— 324 Page 2 of 2 Page 11 of 35 Mission LaKLAWlt,IBgt9tt51't113ld&iBM lr8inggtptiWbCssionProperty.doc Introduced byAGEI04I1TEM #2.a Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 06/20/2002 Adopted: 06/20/2002 KODIAK ISLAND BOROUGH RESOLUTION NO. 2002-21 A RESOLUTION RATIFYING AND CERTIFYING THE RESULTS OF THE SPECIAL BY -MAIL ELECTION HELD MAY 13, 2002 ON THE QUESTION OF ESTABLISHING THE MISSION LAKE SERVICE AREA TO PROVVIDELONSTRUCTION,-OPERATION; - - -' AND MAINTENANCE OF THE MISSION LAKE TIDE GATE WHEREAS, the Kodiak Island Borough held a Special By -Mail Election on May 13, 2002; and WHEREAS, of the 29 ballots mailed, 12 were returned with a postmark by midnight on May 13, 2002 and 2 were returned with a postmark after midnight on May 13, 2002; and WHEREAS, the Canvassing Board of the Kodiak Island Borough met on June 13, 2002 and tallied the votes on the following question: "Shall the Kodiak Island Borough exercise the powers necessary to provide construction, operation, and maintenance of the Mission Lake "tide gate" within the area indicated on the attached map? YES ❑ NO ❑ ; and WHEREAS, the tallies as recorded by the Canvass Board are as follows: TOTAL YES VOTES TALLIED: 8 TOTAL NO VOTES TALLIED: 4 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Assembly finds that the Special By -Mail Election of May 13, 2002 was validly held and hereby ratifies and certifies the results of the election. Section 2: The question of: "Shall the Kodiak Island Borough exercise the powers necessary to provide construction, operation, and maintenance of the Mission Lake "tidegate" within the area indicated on the attached map? was approved having received a majority of yes votes. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS TWENTIETH DAY OF JUNE, 2002 ATTEST: udith A. Nielsen, gvic, Borough Clerk Kodiak Island Borough, Alaska Mission Lake "Tidegate" Service Area Board Presentation KODIAK ISLAND BOROUGH J` Gabrielle LeDoux, Mayor Resolution No. 2002-21 Page 1 of 1 Page 12 of 35 AGENDA ITEM #2. a. Memo: Kodiak Island Borough Assembly From: Craig H. Johnson, Mission Lake property owner KIB Tidegate Committee Member Date: Dec. 7, 2017 Re: Future Assembly agenda item request on dissolving Mission Lake Tidegate special Assessment District Dear Assembly Members: Please consider this request to be considered for a future Assembly meeting agenda item. This purpose would be dissolving the special assessment district for maintaining the Mission Lake tidegate. Mission Lake is, & has been, a public resource. As a youngster I personally took swimming lessons provided by the KPD police chief along with other local young people. Virtually every year the public uses Mission Lake for ice skating, not only the private property owners in the area. They access the lake using the Mission Beach parking area or the area at the extreme north end of the lakeshore where the City sewer lift station is located. In addition, summer use for kayaks, canoes, rowboats, and paddle boats are seen & not only in use by those with private property lake frontage. Signage along Mission Road invites the public to access the Mission Beach parking area from both directions stating public access. It is a rare day in the summer months there are not vehicles parked in this parking area enjoying the beach area & lakeshore, this includes morning, noon, & night. I'm not objecting to this use, I welcome it. Several KIB staff members have told me they personally use Mission Lake for recreation & they don't live in the immediate area. The current KIB staff member who works with the KIB Parks & Rec Dept told me this area is one of the most used in all of the Borough for local recreation. This lake is clearly for public use & for the public benefit. I'm asking the Borough to accept future costs of maintaining the tidegate. Bob Tucker oversees the present Tidegate Committee where I now serve & would have extensive knowledge of costs & maintenance history. Sincerely, ru . "60 ��z1. Craig H. Johns Mission Lake property owner Page 13 of 35 Mission Lake "Tidegate" Service Area Board Presentation Kodiak Island Borough Mission Lake Tide Gate - Fund 262 Five Year Summary AGENDA ITEM #2. a. ]l/v5/n me FY2013 FY2014 FY2015 FY2016 FY2017 Revenues Salaries & Benefits 0 239 273 Property Tax $ S,117 5,448 5,953 5,976 6,147 Net Investment Earnings 172 334 201 332 259 Total Revenues 5,289.00 5,782 6,154 6,308 6,406 Expenses Insurance & Bonding 10 6 8 11 8 Salaries & Benefits 0 239 273 1,209 460 Total Expenses 10 245 281 1,220 468 Net Change 5,279.00 5,537 5,873 5,088 5,938 Year End Equity in Central Treasury $ 31,881 $ 37,418 $ 43,291 $ 48,379 $ 54,317 Page 14 of 35 Mission Lake "Tidegate" Service Area Board Presentation lu , , == M's loom, MIS ]ON BEACHA6 Public ActasS 500 Ftet 9* mmoo M+* P� by 9d MA 4r �;ww lk s ni 3• _ Y � { W a1J •�� r ni 3• _ Y � W �j I AGENDA ITEM #2. b. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 «, ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A Master Plan. ORIGINATOR: Maggie Slife RECOMMENDATION: Move to adopt Resolution No. FY2018-18. DISCUSSION: The Kodiak Island Borough purchased Killarney Hills Tract R-1 from the Catholic Archdiocese of Alaska in 1986 for the fair market value price of $510,250.00. The Intent with purchasing the land was for use as either a hospital site, middle school site, or residential development if either of the other two uses were to fall through. Improvements to the land included fill and leveling. After deciding not to construct a hospital or middle site at Tract R-1, the parcel lay vacant but zoned R2. The zoning designation reflects the 1983 opinion of the consulting real estate appraiser that If a hospital or school were not to constructed, the area would be best suited for residential development. In 1998, prior to the construction of the Dark Lake Field, the City of Kodiak erected two backstops and sets of baseball bases for the Kodiak Little League Machine pitch league. In 2000/2001 with the formation of the Kodiak Football League, the City of Kodiak Parks and Rec placed additional fill between the two baseball diamonds and connected the outfield areas to form a large grassy field. When Baranof Park went under construction in 2012 to replace the track and install astro-turf on the Infield, the Killarney Hills Field was designated the temporary home for sports requiring Intensive field use. The Kodiak Island Borough financially partnered with the City of Kodiak funded an effort to crown the Killarney Hills Field to improve field drainage and allow uncontrolled runoff from the field. Baranof Field was completed and opened in 2014. Since then, the Killarney Hills Field has continued to be used by the Kodiak High School sports teams as well as numerous City of Kodiak Parks and Rec groups, with user -ship dominated seasonally by Kodiak Football League and Kodiak High School sports. The piecemeal development of Killarney Hills Field was never subjected to public interest findings, environmental and regulatory permitting, public process and commentary, master -planning, economic studies, city-wide Parks and Recreation development plans, or any of the standard processes we subject borough citizens or private development/construction projects to. The field currently exists illegally without a valid zoning compliance permit for the facility. Original plans for the parcel Involved direct access off of Rezanof Drive. This access has never been constructed, nor have any parking areas, controlled traffic accesses, pedestrian routes, or traffic safety measures implemented on the property. The field was not engineered or Installed with an engineered drainage plan,nor have there been engineedng or safety studies related to field appurtenances. A US Army Corps of Engineers Nationwide Permit was issued to Kodiak Island Borough on 14 May 1987 allowing placement of fill within 2 acres of the —17 acre tract pursuant to the construction of a hospital. Since no hospital was ever constructed, and no other USACOE permit has been issued, the development and construction of the Woody Way ball field was illegal under KIB Code, as well as a Federal Wetlands Protection standpoint. Future development of Killarney Hills should comply with all state, municipal, and federal regulations. Killarney Hills has undergone wetlands mapping, and the current field location is atop designated wetlands. Engineering design concerns related to the parcel in 1986 recommended engineered drainage design for any development on the property. Kodiak Island Borough Killarney Hills Subdivision Page 18 of 35 AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 21, 2017 1ZY� ASSEMBLY REGULAR MEETING JI_°.,_; At the request of the Kodiak Island Borough Assembly, Staff is bringing forth this resolution to enter the master planning process for this land. The Resource Management Office, in cooperation with the Community Development Department proposes to put the Killarney Hills property through the master planning process. In order to demonstrate a sincere intention to develop this property to potential developers it Is also necessary to find this R-2 zoned land surplus to the public need. The master planning process will allow a transparent and equal opportunity for community members, groups, and government agencies to examine and quantify the maximum utility of the Killarney Hills Tracts. Further, it will allow KIB to determine the necessary permitting requirements for any future modification to the property. We will look at the Comprehensive Plan, zoning, code compliance, wetlands constraints, utility availability and capacity, access points, traffic, transportation, park use, greater -scale lands availability Borough -wide, future KIB needs, and value of Improved lots. The goal is to determine which combination of land use would provide maximum social and economic benefit to the community. The proposed master planning scope, schedule, and fee estimate are attached. The master planning process will take place on an accelerated schedule over the course of one year. The Community Development Department will be responsible for the development of a master plan, and pending adoption of the master plan will work with the Resource Management Office to let an RFP for a developer to create a development plan for the parcel based on the findings of the master plan. Details can be found in the attached project scope, project schedule, project budget, and project public involvement plan. ALTERNATIVES: Take no action. FISCAL IMPACT: Staff time for master planning process: $57,540.00 Materials: $5470 Project Budget attached. OTHER INFORMATION: Kodiak Island Borough Page 19 of 35 Killarney Hills Subdivision 10 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 46 47 48 49 AGENDA ITEM #2.b. Introduced by: Resource Management Requested by: Borough Assembly Drafted by: Resource Management Introduced on: 12/7/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-18 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DECLARING LOTS 11-14, BLOCK 4 AND TRACT R-2, KILLARNEY HILLS SUBDIVISION SURPLUS TO PUBLIC NEED, APPROVING DISPOSAL OF THESE PROPERTIES UPON ADOPTION OF A MASTER PLAN AND AUTHORIZING STAFF TO UNDERTAKE THE PREPARATION OF A MASTER PLAN. WHEREAS, The Kodiak Island Borough Resource Management Department has requested disposal of Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision; and WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission approved a master planning process to be undertaken for Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision at their May 18, 2016 regular meeting; and WHEREAS, the purpose of the master planning process is to develop a community plan for the permanent development of these lots; and WHEREAS, the master planning process allows the community to plan for the future use of this land and may include recreational, residential, and commercial uses; and WHEREAS, KIBC 18.20.120 (d) allows the Assembly to vote to dispose of land by contracted sale, for specified development with restrictions on development type, resale values, and proportions of mixed-use facilities consistent with the parameters to be outlined in the master planning process; and WHEREAS, on August 16, 2017, the Planning & Zoning Commission voted to recommend to the Borough Assembly adoption of Resolution No. FY2018-10, retaining Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision and declaring the parcel not surplus to the public need until adoption of a master plan; and WHEREAS, on October 5, 2017 the Kodiak Island Borough Assembly failed Resolution No. FY2018-10 and directed staff to draft a resolution declaring the parcels surplus, approving disposal, and directing Borough staff to restart the master planning process for the named parcels. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Kodiak Island Borough, Alaska Resolution No. FY2018-18 Page 1 of 2 Page 20 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. Section 1: The Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak Island Borough Code, approves disposal of Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision. Section 2: The Kodiak Island Borough Assembly has determined, after a public hearing on November 16, 2017, that the aforementioned property is hereby surplus to the public's need. Section 3: The Kodiak Island Borough Assembly hereby directs Borough staff to restart a master planning process for Lots 11-14, Block 4 and Tract R-2, Killarney Hills Subdivision. Section 4: The aforementioned property should be disposed of in accordance with KIB Code Title 18 upon adoption of a master plan for the property In accordance with KIBC 18.20.120(d). 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 Killarney Hills Subdivision ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-18 Page 2 of 2 Page 21 of 35 Memorandum AGENDA ITEM #2.b. 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: October 30, 2017 To: Borough Assembly From: Community Development Department RE: Killarney Hills Master Planning Process Revised Detailed Scope The following is the current scope of work for the master planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (Killarney Hills), as modified from its original version dated May 2016. Task 1—Data Collection and Analysis 1.1 Data Collection The purpose of the data collection task is to gather all existing data on factors that could play a significant role in determining how Killarney Hills may be developed in the future. This data will serve as a baseline and will be used to inform the analysis in Task 1.2. Comprehensive Plan The goals, objectives, and future land use designation identified in the Comprehensive Plan will serve as a foundation for this planning effort. Zoninc Current zoning of the subject parcels, as well as other parcels in the vicinity will be identified and documented. Code compliance Current code compliance will be determined and both existing and future zoning options will be identified (e.g., R3, RSL, ADU). Wetland constraints Wetlands exist on the property and must be taken into consideration when development plans are made. DOWL's wetland delineation will be reviewed. Utilities—availability and capacity Water and sewer will be contributing factors in determining developability of Killarney Hills. It will directly impact the intensity with which the land can be used. A general cost of Page 22 of 35 Killarney Hills Subdivision AGENDA ITEM #2. b. installing utilities in preparation for lands sales will be calculated for the 4, 6, and 9 lot scenarios that have been proposed. Access Points Existing access points, permitted or otherwise, need to be documented for use in a high- level traffic analysis under Task 1.2. Location of access points will play a role in the configuration of lots within the unsubdivided tract and will need to be coordinated with Alaska DOTBPF and the City of Kodiak. Traffic4ransportation Existing traffic information for the area will be compiled for consideration in Task 1.2. Existing and future traffic patterns and impacts will be analyzed at a very high level. Park use and information (KIB and City) This information will be collected to determine demand for sports fields on Tract R2, as well as other fields in the community. Land availability elsewhere for residential use (Borough Lands Committee) The Borough Lands Committee and Borough Resource Management Officer are examining this question. Future KIB needs The needs of the borough will be multi -pronged and will take into account issues such as housing, school construction, other municipal buildings, land sale revenue, etc. Value of improved lots The estimated value of the 4 existing platted lots on Woody Way Loop (north of Tract R2) will be reviewed, as will the estimated values of the 6 and 9 lot options considered in 2014. These values will be considered when analyzing return on investment. 1.2 Analysis This task will provide general analysis of information collected in Task 1.1. Comprehensive Plan analysis An analysis of the goals, objectives, and future land use designation as they pertain to the development of this (or alternative) site(s) will be completed. This general analysis will inform the policy discussions for individual scenarios developed in Task 3.1. Land use needs Based on the Comprehensive Plan analysis and current trends, assumptions will be developed about the future land use needs of the community. Identified land use needs will be a consideration in the development of scenarios in Task 3.1. Utility costs (vs. development at other locations) The cost of installing utilities on this site will be a significant portion of the cost to develop some or all of Killarney Hills. Order of magnitude estimates may be developed for other sites in order to compare financial feasibility. Traffic analysis A 20 -year traffic analysis will be conducted to determine the impacts of low and high density development of the site on the surrounding road network. Page 23 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. Alternative location(s) for ball fields Other locations in public ownership that may be used for the development of community ball fields will be identified. They will then be analyzed in terms of factors such as access and adjacent land use compatibility. Cost estimates for moving the ball fields may also be considered. Development ROI An analysis will be completed to determine anticipated return on investment (ROI) associated with existing proposals (4, 6, and 9 lot subdivision). The information analyzed here can serve as a baseline when completing scenario -specific analyses in Task 3.1. Task 2—Stakeholder Engagement 2.1 Agency Collaboration Several agencies have a vested interest in Killarney Hills. For this reason, it is imperative to engage in early and ongoing dialogue about community needs, desires, and expectations. Project updates can be provided to individual committees on an as -needed basis. Additionally, a series of agency coordination meetings should occur at key project milestones. Meetings could include: • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 2.2 Public Coordination/Meetings This property is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide input, voice their concerns, and engage in meaningful conversation with the project team. A minimum of 3-4 public meetings are recommended throughout the life of the project. 2.3 Public Hearings In addition to public meetings, public hearings will also be held with the following: • Planning & Zoning Commission • Borough Assembly Page 24 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. Task 3—Scenario Development and Selection 3.1 For Each Scenario: It is recommended that graphical depictions, fact sheets, and a brief be developed for each scenario considered. Graphical depiction Concept drawings will be completed for each alternative/scenario developed. Factsheet Easy -to -ready and easy -to -compare fact sheets will be developed for each alternative/scenario developed and will contain information such as number of residential lots, density ranges, estimated potential ROI, and trip generation estimates. Brief on scenario -speck analysis In addition to the fact sheet, each scenario will have a more detailed brief, outlining the policy and financial implications associated with it. Selection of a given scenario could have a range of impacts, Including changes to the comprehensive plan, environmental mitigation, or high upfront development costs, for example. 3.2 Overall Comparison Chart A comparison chart outlining the similarities and differences between the developed scenarios will be created. This will serve as a tool in discussions among stakeholder groups and will ultimately aid in the selection of a scenario, or set of scenarios. 3.3 Selection of Scenario Selection of the scenario, or set of scenarios, will involve discussion with all interested stakeholder groups. The selection methodology will be developed based on stakeholder input received throughout project development. Task 4—Implementation Plan Solid implantation plans are an integral part of successful planning efforts. A tentative timeline for plan implementation will be developed, along with a funding strategy. When developing a funding strategy, several options will be explored, including opportunities for local government and non-profit agencies to work together in providing resources and seeking outside resources such as federal grants and state general funds. 4.1 Short-, mid-, and long -tens development timeline 4.2 Short-, mid-, and long -tens funding strategy 4.3 Opportunities for local coordination 4.4 Opportunities for outside funding Page 25 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. Task 5—Final Master Plan 6'�i��7F-S77FTil Once a scenario, or set of scenarios, has been selected, plan elements completed throughout the project development process will be compiled into a single, comprehensive document for agency and public review. 5.2 Public Comment/Meeting(s) When the plan has been drafted it will be presented to stakeholders and will be made available for public comment for a period of 30 days. At the close of the public comment period, the project team will consider all comments and make changes to the draft plan as appropriate. Once this is done, the plan will be submitted to P&Z for review and recommendation to the Assembly. 5.3 P&Z Hearing(s) and Recommendation After public hearings and deliberation, P&Z will forward the plan to the Assembly with their recommendation. 5.4 Assembly Final Legislative Action After public hearings and deliberation, the Assembly will take final legislative action. Task 6—Follow-up Activities 6.1 Comprehensive Plan Amendment(s) Completion of this planning effort may require amendments to the 2008 Comprehensive Plan. The master plan itself for Killarney Hills may be adopted as an element of the 2008 Comprehensive Plan. The Future Land Use Designation of the property, or other properties included in this master plan, may need to be changed. 6.2 Rezoning Rezoning of Killarney Hills or other properties included in this plan may also be necessary once the planning effort is complete. 6.3 Land Disposal Process Once a plan has been approved, KIB will need to engage in the land disposal process as part of the implementation plan. Page 26 of 35 Killarney Hills Subdivision AGENDA ITEM #2. b. Items Notes Advertising4 ublic meetin s advertised 3 de each $135/d 0.5" +$400 Facebook Mallin 150-200 on mailin list, 5 mallin s $75 envelo es, $490 s ePa r Products 8.5"x11'4 10 -ream cases 20,000 sheetsPa er Products me sized F$2,020 Potion of 36"roll Food 4 ublic mee0n s, s endin $150 on refreshments/su Iles for each PrinOn Xerox 75% color $900 ,25%Mw $50PrinBn Plotter No contract, estimated Ink ex enses Mlsc Su lies Pens, stales, oslerboard, etc. Prelimina Total ConOn enc $497 10% Total Budget Adjustment 1 $5,467 Page 29 of 35 Killarney Hills Subdivision Memorandum AGENDA ITEM #2.b. 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: October 30, 2017 To: Borough Assembly From: Community Development Department RE: Killarney Hills Master Planning Process Revised Public Involvement Plan The following is the proposed Public Involvement Plan (PIP) of the master planning process for Lots 11-4, Block 4 and Tract R2, Killarney Hills Subdivision (Killarney Hills), as modified from its original version dated May 2016. This proposed PIP contains the following information: 1. General Information 2. Public Involvement Goals 3. Stakeholders 4. Methods 5. Communication General Information 1.1 Project Scope The goal of the Killarney Hills Master Plan is to identify a development scenario, or set of scenarios, for the site. Data will be collected and analyzed to inform the creation of several development scenarios for this Borough -owned property. Through a collaborative public process a scenario, or set of scenarios, will be selected and an implementation plan will be developed. Once a plan has been approved by the Borough Assembly, the Master Plan will guide the development of Killarney Hills for the foreseeable future. 1.2 Staff Contact Information Page 30 of 35 Killarney Hills Subdivision AGENDA ITEM #2. b. Comments and questions from the public about the project can be directed to: Daniel McKenna -Foster, Associate Planner (907)486-9361 killarnevh i I IsOkod i akak. us 2. Public Involvement Goals • Clearly outline the project development process • Ensure that stakeholders are aware of how, when, and where they can be involved in the decision-making process • Share information In a transparent and understandable way • Include as many stakeholder groups as possible in the decision-making process • Document and respond to all comments received 3. Stakeholders Several stakeholder groups have been preliminarily identified. However, many more may be added as the project progresses. The lists below serve as a starting point and participation in the project is not limited to, nor required by, those groups identified here. 3.1 Public Members of the public at -large are encouraged to provide input throughout the planning process. 3.2 Government • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 2 Page 31 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. 3.3 Other • Kodiak Little League • Kodiak Football League • Relay for Life 4. Methods 4.1 Website A website will be created for the project and will be updated regularly to keep interested stakeholders informed of the project's progress. The website will also make all project documents available for review and will provide contact information for project staff. 4.2 Point of Contact To ensure that all public comments are received and documented, a single point of contact will be established for the public in the Community Development Department (CDD) and a unique project email will be created (Section 1.2). 4.2.1 Media Inquiries Inquiries about the project from media sources should be directed to: Sara Mason, Community Development Director (907)486-9360 smason(a)kodiakak.us 4.3 Meetings and Hearings 4.3.1 Public Meetings This property is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide input, voice their concerns, and engage in meaningful conversation with the project team. Currently, 4 public meetings are scheduled to coincide with key project decision points. 3 Page 32 of 35 Killarney Hills Subdivision AGENDA ITEM #2.b. 4.3.2 Public Hearings After the draft plan has been revised based on comment received during the public comment period, public hearings will be scheduled with the Planning and Zoning (P&Z) Commission. Once P&Z feels that the plan is ready, it will be forwarded to the Assembly with their recommendation. The Assembly will also hold public hearings on the plan before taking final legislative action. 4.3.3 Agency Coordination Meetings It is anticipated that there will be at least 3 interagency meetings at which local government officials and committees will have the opportunity to collaborate and discuss public Input, development strategies, funding opportunities, etc. 4.4 Mailing List A mailing list will be developed and maintained by CDD for those wishing to receive project updates by mail. Several postcards will be mailed that coincide with key milestones and events, such as public meetings and release of the draft master planning document. 4.5 Listsery For interested parties preferring electronic communication, a listsery will be developed and maintained by CDD. Email correspondence will be sent at the same time as mailed updates and will contain the same information. 4.6 Documentation of Public Involvement Activities All public involvement and outreach activities will be documented as they occur. A compilation of this Information will be included as a chapter of the master plan. 4.7 Comment Documentation A table will be maintained to document each public comment received and each response sent. This table will allow staff to easily categorize and summarize issues, concerns, and suggestions submitted by stakeholders and to ensure that each project participant's comments are being weighed and considered in the decision- making process. Comments will be responded to in the manner in which they were received. For example, a comment sent in the form of a letter will be responded to with a letter. Page 33 of 35 Killamey Hills Subdivision AGENDA ITEM #2.b. 4.8 Other Methods Other public outreach methods may be added to this Public Involvement Plan as needed if public involvement goals are not being mel. 5. Communication 5.1 Communicating with the Planning and Zoning Commission P&Z will be provided updates on the progress of the project at work sessions or regular meetings, at which time they may alter the project scope, schedule, or public involvement plan if necessary. All documents distributed to P&Z commissioners for these discussions will also be made available to the public and although these meetings will not be public hearings at which public testimony will be heard, citizens will be encouraged to observe discussions and provide written feedback to CDD staff (Section 1.2). 5.2 Communicating by E-mail and Letter All comments received and responses sent via e-mail or letters will be saved as PDFs and will be kept by CDD, distributed to P&Z, and made available on the project website for the public to view. Through the life of the project, original e-mails will also be kept in their native file format in Microsoft Outlook. 5.3 Communicating by Telephone and In -Person All telephone and in-person correspondence will be documented electronically, to the extent possible, and filed with e-mail and letter correspondence with CDD (Section 5.2). Similarly, telephone and in-person communications will be distributed to P&Z and made available to the public via the project website. 5 Page 34 of 35 Killarney Hills Subdivision Memo: Kodiak Island Borough Assembly From: Craig H. Johnson, Mission Lake property owner KIB Tidegate Committee Member Date: Dec. 7, 2017 Re: Future Assembly agenda item request on dissolving Mission Lake Tidegate special Assessment District Dear Assembly Members: Please consider this request to be considered for a future Assembly meeting agenda item. This purpose would be dissolving the special assessment district for maintaining the Mission Lake tidegate. Mission Lake is, & has been, a public resource. As a youngster I personally took swimming lessons provided by the KPD police chief along with other local young people. Virtually every year the public uses Mission Lake for ice skating, not only the private property owners in the area. They access the la using the Mission Beach parking area or the area at the extreme north end of the lakeshore where the City sewer lift station is located. In addition, summer use for kayaks, canoes, rowboats, and paddle boats are seen & not only in use by those with private property lake frontage. Signage along Mission Road invites the public to access the Mission Beach parking area from both directions stating public access. It is a rare day in the summer months there are not vehicles parked in this parking area enjoying the beach area & lakeshore, this includes morning, noon, & night. I'm not objecting to this use, I welcome it. Several KIB staff members have told me they personally use Mission Lake for recreation & they don't live in t: immediate area. The current KIB staff member who works with the KIB Parks & R, Dept told me this area is one of the most used in all of the Borough for local recreation. This lake is clearly for public use & for the public benefit. I'm asking the Borough to accept future costs of maintaining the tidegate. Bob Tucker overse the present Tidegate Committee where I now serve & would have extensive knowledge of costs & maintenance history. Sincerely, 6ruu%466 lam_ Craig H.JJohnsT6 Mission Lake property owner AGENDA ITEM #8.a. KODIAK ISLAND BOROUGH WORK SESSION Work Session of: gee ly 1'16o Please PRINT your name Please PRINT your name Page 35 of 35