Loading...
2018-03-01 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 1, 2018, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF 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 4A. Women's History Month Womens History Month 2018 Proclamation 5B. Choose Respect Choose Respect 2018 Proclamation 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting 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 111 13.NEW BUSINESS 13.A. Contracts 13.B. Resolutions 6 - 27 1. Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee To Move Forward With An Update To The Kodiak Island Borough Comprehensive Parks And Recreation Plan That Was Adopted January 9, 1981 (P&Z Case No. 18-012). Resolution FY2018-24 and Backup Info - Pdf 28 - 29 2. Resolution No. FY2018-29 Joint Borough and City of Kodiak Resolution Urging the Governor of the State of Alaska To Declare A Disaster and To Request the Secretary of Commerce To Declare a Commercial Fishery Failure and a Disaster for the 2018 Gulf of Alaska Pacific Cod Fishery. Output Document (AS - 0770) - Pdf 13.C. Ordinances for Introduction 30 - 57 1. Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). Ordinance No. FY2018-17 and Backup - Pdf 58 - 62 2. Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits Output Document (AS - 0759) - Pdf 13.D. Other Items 63 - 96 1. Possible State Capital Budget Opportunity. Output Document (AS - 0742) - Pdf 97 - 111 2. Letter Regarding The National Weather Service Budget Cuts Resulting In Closure Of The Weather Service Office In Kodiak. Output Document (AS - 0774) - Pdf Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 111 14.CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 3 of 111 AGENDA ITEM #7.A. Office of the Mayor Kodiak Island Borough, Alaska - In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. __________________________________________ Daniel A. Rohrer, Borough Mayor Attest: __________________________________ Date: __________________________________ Women's History Month Page 4 of 111 AGENDA ITEM #7.B. Office of the Mayor Kodiak Island Borough, Alaska In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. _____________________________________ Daniel A. Rohrer, Borough Mayor Attest: ____________________________ Date: _____________________________ Choose Respect Page 5 of 111 AGENDA ITEM #13.B.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 1, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee To Move Forward With An Update To The Kodiak Island Borough Comprehensive Parks And Recreation Plan That Was Adopted January 9, 1981 (P&Z Case No. 18-012). ORIGINATOR: Daniel McKenna-Foster RECOMMENDATION: Move to adopt Resolution No. FY2018-24. DISCUSSION: Parks and recreation are an important component of the Kodiak community. The existing Comprehensive Parks & Recreation Plan was adopted in 1981 and needs to be updated. This is a resolution of the Borough Assembly authorizing the Parks and Recreation Committee to move forward with an update to the Kodiak Island Borough Comprehensive Parks And Recreation Plan that was adopted January 9, 1981 (P&Z Case No. 18-012). At the public hearing on January 24, 2018, the Planning & Zoning Commission voted unanimously to forward the resolution to the Assembly with a recommendation for approval. ALTERNATIVES: Fail or modify Resolution No. FY2018-24. FISCAL IMPACT: While the majority of the work on this project is expected to be completed by the Parks & Recreation Committee working with the Community Development Department, the following additional fiscal impacts are possible: - additional overtime - fees for space rental for public meetings - additional copying and mailing costs OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 6 of 111 AGENDA ITEM #13.B.1. 1 Introduced by:P&R 2 Drafted by:CDD 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTIONNO. FY2018-24 8 9 ARESOLUTIONOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAUTHORIZING 10 THE PARKS AND RECREATION COMMITTEE TO MOVE FORWARD WITH AN UPDATE TO 11 THE KODIAK ISLAND BOROUGH COMPREHENSIVE PARKS AND RECREATION PLAN 12 THAT WAS ADOPTED JANUARY 9, 1981(P&Z CASE NO. 18-012) 13 14 WHEREAS,the Kodiak Island Borough established a Parks and Recreation Committee by 15 Ordinance No. 82-36-O; and 16 17 WHEREAS,the Kodiak Island Borough Parks and Recreation Committee is empowered to 18 review and recommend revisionsas necessary to the adopted comprehensive parks and 19 recreation plan (KIBC 2.120.010); and 20 21 WHEREAS,any such plans shall be reviewed by the Planning and Zoning Commission prior to 22 the presentation to the manager and assembly(KIBC 2.120.010); and 23 24 WHEREAS,the existing Kodiak Island Borough Comprehensive Parks and Recreation plan has 25 not been updated since 1981; and 26 27 WHEREAS,the Planning and Zoning Commission has received a request form the Parks and 28 Recreation Committee to commence updating the Comprehensive Parks and Recreation Plan; 29 and 30 31 WHEREAS,the Planning and Zoning Commission voted on January 24, 2018to recommend 32 to the Borough Assembly that this resolution be approved, finding that the public necessity, 33 convenience, general welfare, and good land use practice would be enhanced by such action. 34 35 NOW, THEREFORE, BE IT RESOLVEDBY THE ASSEMBLY OFTHE KODIAK ISLAND 36 BOROUGH that 37 38 The Parks and Recreation Committeeshallinitiate an update tothe existing Comprehensive 39 Parks and Recreation Plan that was adopted January 9, 1981. 40 41 ADOPTED BYTHE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS __________ DAY OF _______________,2018. 43 44 KODIAK ISLAND BOROUGHATTEST: 45 Kodiak Island Borough, AlaskaResolutionNo.FY2018-24 Page 1of 2 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 7 of 111 AGENDA ITEM #13.B.1. 46 47______________________________________________________ 48 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 49 50 VOTES: 51 Ayes: 52 Noes: Kodiak Island Borough, AlaskaResolutionNo.FY2018-24 Page 2of 2 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 8 of 111 AGENDA ITEM #13.B.1. Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 9 of 111 AGENDA ITEM #13.B.1. Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 10 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING SUPPLEMENTAL STAFF REPORT DATE:December 29, 2017 TO:Planning and Zoning Commission FROM:Community Development Department SUBJECT:Information for the January 24, 2018Regular Meeting CASE:18 – 012 APPLICANT:Community Development Department REQUEST:Resolution No. FY2018-04 recommending that the Borough Assembly initiate an update of the adopted Parks and Recreation Comprehensive Plan by the Borough Parks and Recreation Committee. COMMENTS This item was discussed during the December 6, 2017 work session and was placed on the January 17, 2018 regular meeting agenda as Case No. 18-012. Since that work session, small changeshavebeen made to both the P&Z resolution wording (line 41) and Borough Assembly resolution wording (line 38).A small change has also been made to the proposed motion below, adding that the Planning & Zoning Commission approve the resolution as well as making a positive recommendationto the Borough Assembly. RECOMMENDATION The staff recommendation remains unchanged from the November 29, 2017 staff report. Staff recommends this resolution be approved. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt P&Z Resolution 2018-04 and recommend that the Assembly of the Kodiak Island Borough approve a resolution authorizing the Parks and Recreation Committee to move forward with an update to theKodiak Island Borough Comprehensive Parks and Recreation Plan that was adopted January 9, 1981, andapprove the findings of fact inthe staff report dated November 29, 2017. Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 11 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING FINDINGS OF FACT 1.The Kodiak Island Borough Comprehensive Parks and Recreation Plan has not been updated since 1981. 2.Since adoption of the 1981 plan, factors such as recreational demands, condition of recreational facilities, and the availability of local and state resources have changed drastically. 3.KIB Code 2.120.010 empowers the Parks and Recreation Committee to review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan. 4.The Parks and Recreation Committee has voted unanimously to support an update to the Kodiak Island Borough Comprehensive Parks and Recreation Plan. Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 12 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 1 Introduced by:P&R 2 Drafted by:CDD 3 Introduced on:1/24/2018 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 PLANNING & ZONING COMMISSION 8 RESOLUTIONNO. FY2018-04 9 10 A RESOLUTIONOF THE PLANNING AND ZONING COMMISSIONOF THE KODIAK ISLAND 11 BOROUGHRECOMMENDING THAT THE BOROUGH ASSEMBLY AUTHORIZE THE PARKS 12 AND RECREATION COMMITTEE TO MOVE FORWARD WITH AN UPDATE TOTHE KODIAK 13 ISLAND BOROUGH COMPREHENSIVE PARKS AND RECREATION PLAN THAT WAS 14 ADOPTED JANUARY 9, 1981 15 16 WHEREAS, the Kodiak Island Borough established a Parks and Recreation Committee by 17 Ordinance No. 82-36-O; and 18 19 WHEREAS, the Kodiak Island Borough Parks and Recreation Committee is empowered to 20 review and recommend revisionsas necessary to the adopted comprehensive parks and 21 recreation plan (KIBC 2.120.010); and 22 23 WHEREAS, any such plans shall be reviewed by the Planning and Zoning Commission prior to 24 the presentation to the manager and assembly(KIBC 2.120.010); and 25 26 WHEREAS, the existing Kodiak Island Borough Comprehensive Parks and Recreation plan has 27 not been updated since 1981; and 28 29 WHEREAS, the Planning and Zoning Commission has received a request fromthe Parks and 30 Recreation Committee to commence updating the Comprehensive Parks and Recreation Plan; 31 and 32 33 WHEREAS, the Planning and Zoning Commission voted onJanuary 24, 2018 to approve P&Z 34 Resolution No. FY2018-04, and to recommend to the Borough Assembly that an update to the 35 Comprehensive Parks and Recreation Plan be initiated,finding that the public necessity, 36 convenience, general welfare, and good land use practice would be enhanced by such action. 37 38 NOW, THEREFORE, BE IT RESOLVEDBY THE PLANNING & ZONING COMMISSION OF 39 THE KODIAK ISLAND BOROUGH that 40 41 The Parks and Recreation Committee should initiate an update tothe existing Comprehensive 42 Parks and Recreation Plan that was adopted January 9, 1981, and a resolutionauthorizing this 43 planning effort shallbe forwarded to the Assembly. 44 Kodiak Island Borough, AlaskaResolutionNo. FY2018-04 Page 1 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 13 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 45 ADOPTED BY THE PLANNING & ZONING COMMISSIONOF THE KODIAK ISLAND 46 BOROUGH 47 THIS __________ DAY OF _______________, 2018. 48 49 KODIAK ISLAND BOROUGH 50 PLANNING AND ZONING COMMISSIONATTEST: 51 52 53______________________________________________________ 54 Scott Arndt,ChairSheila Smith, Clerk 55 56 VOTES: 57 Ayes: 58 Noes: 59 Kodiak Island Borough, AlaskaResolutionNo. FY2018-04 Page 2 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 14 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 1 Introduced by:P&R 2 Drafted by:CDD 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTIONNO. FY2018-XX 8 9 A RESOLUTIONOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAUTHORIZING 10 THE PARKS AND RECREATION COMMITTEE TO MOVE FORWARD WITH AN UPDATE TO 11 THE KODIAK ISLAND BOROUGH COMPREHENSIVE PARKS AND RECREATION PLAN 12 THAT WAS ADOPTED JANUARY 9, 1981(P&Z CASE NO. 18-012) 13 14 WHEREAS, the Kodiak Island Borough established a Parks and Recreation Committee by 15 Ordinance No. 82-36-O; and 16 17 WHEREAS, the Kodiak Island Borough Parks and Recreation Committee is empowered to 18 review and recommend revisionsas necessary to the adopted comprehensive parks and 19 recreation plan (KIBC 2.120.010); and 20 21 WHEREAS, any such plans shall be reviewed by the Planning and Zoning Commission prior to 22 the presentation to the manager and assembly(KIBC 2.120.010); and 23 24 WHEREAS, the existing Kodiak Island Borough Comprehensive Parks and Recreation plan has 25 not been updated since 1981; and 26 27 WHEREAS, the Planning and Zoning Commission has received a request form the Parks and 28 Recreation Committee to commence updating the Comprehensive Parks and Recreation Plan; 29 and 30 31 WHEREAS, the Planning and Zoning Commission voted on January 24, 2018 to recommend 32 to the Borough Assembly that this resolution be approved, finding that the public necessity, 33 convenience, general welfare, andgood land use practice would be enhanced by such action. 34 35 NOW, THEREFORE, BE IT RESOLVEDBY THE ASSEMBLY OFTHE KODIAK ISLAND 36 BOROUGH that 37 38 The Parks and Recreation Committeeshallinitiate an update tothe existing Comprehensive 39 Parks and Recreation Plan that was adopted January 9, 1981. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS __________ DAY OF _______________, 2018. 43 44 KODIAK ISLAND BOROUGHATTEST: 45 Kodiak Island Borough, AlaskaResolutionNo.FY2018-XX Page 1 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 15 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 46 47______________________________________________________ 48 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 49 50 VOTES: 51 Ayes: 52 Noes: Kodiak Island Borough, AlaskaResolutionNo.FY2018-XX Page 2 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 16 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Memorandum Date:December 7, 2017 To:Planning and Zoning Commission From:Community Development Department RE:New Business Item 9A- Parks and Recreation Comprehensive Plan Update This item was discussed duringthe December6, 2017work sessionand hasbeen placed on this meeting’s agendato providethe opportunity for further discussion by the Commission. Staff will implement any recommended changesand list the associated resolution asa public hearing item on the January 17, 2017 regular meeting agenda. Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 17 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING STAFF REPORT DATE:November 29, 2017 Planningand Zoning Commission TO: Community Development Department FROM: SUBJECT:Information for theDecember13,2017Regular Meeting CASE:December13Regular MeetingNew BusinessItem 9A APPLICANT:KodiakIsland Borough Community DevelopmentDepartment REQUEST:A resolution of the assembly of the Kodiak Island Borough authorizing the Parks and Recreation Committee to move forward with an update to the Kodiak Island Borough Comprehensive Parks and Recreation Plan that was adopted January 9, 1981. 1.Applicable Regulations:The following sections of Title 2 (Administration and Personnel) and Title 17 (Zoning)of the Borough Code are applicable to this request: 2.120.010 Committee created – Duties. There is established the Kodiak Island Borough parks and recreation committee consisting of seven voting members, who are residents of the borough and represent a cross-section of the social and economic structure of the community. Four members shall constitute a quorum for conducting business of the committee. One assembly member, one planning and zoning commissioner, the city parks and recreation director, the state park ranger, and a school representative shall be nonvoting ex officio members of the committee and may participate in all discussions and assigned duties. The committee is empowered to: A.Identify existing and future recreation demands including indoor and outdoor recreation; B.Evaluate existing and future recreation needs; C.Generate priorities and action plans including a capital improvement program for parks and recreation; and D.Review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan. All such plans and recommendations shall be reviewed by the planning and zoning commission prior to presentation to the manager and assembly. \[Ord. FY2014-18 §2, 2014; Ord. FY2012-17 §2, 2012; Ord. FY2006-04 §2, 2005; Ord. 03-07 §2, 2003; Ord.2002-15 §2, 2002; Ord. 99-09 §2, 1999; Ord. 98-02 §8, 1998; Ord. 96-16 §2, 1996; Ord. 93-61 §2, 1993; Ord. 85-26-O §1, 1985; Ord. 82-36-O §1, 1982. Formerly §2.43.010\]. 2.120.030 Administrative assistance. The manager or designee shall: Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 18 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING A.Furnish the committee with all requested documents and other information necessary for, or reasonably related to, committee functions; B.Provide the committee with supplies, meeting space and secretarial assistance as reasonably required; C.If feasible under the circumstances, refer to the committee matters within its powers and duties, prior to presentation for assembly action; and D.Transmit committee recommendations and other communications to the borough assembly, except where matters of planning and zoning require prior approval by the planning and zoning commission. \[Ord. FY2014-18 §3, 2014; Ord. 98-02 §8, 1998; Ord. 85-26-O §1, 1985; Ord. 84-61-O §10, 1984; Ord. 82-36-O §1, 1982. Formerly §2.43.030\]. 17.205.010 Authority Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundariesof the districts. COMMENTS The Kodiak Island Borough Comprehensive Parks & Recreation Plan was completed in 1979 and adopted in 1981 by Ordinance No. 79-9-O. The final paragraph of the original plan’s recommendations section explains: “It is important to note that planning is not a one time effort, but a continuous process which must reflect changing conditions and needs. As a means to keep the process current and relevant, it is recommended that this plan be examined and updated on a 2-3 year basis” The plan has not been updated since that time, although certain aspects of Kodiak’s demographics and recreational needs have changed considerably. From 2009-2011, the Kodiak Island Borough did commission a Kodiak Road System Trails Master Plan, but this document looked at trails specifically and did not provide a comprehensive view of all recreational activities. The 2008 Comprehensive Plan states the following: Land Use Goal:Establish goals, priorities and procedures for acquisition, disposition and management of Borough-owned lands Land Use Implementation Action:Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership; identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses; and identifies property for acquisitionby the Borough through purchase or trade. Parks & RecreationGoal:Maintain and/or improve access to public recreational lands, including via Native corporation or other private lands, where possible. Parks & Recreation Implementation Action:Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 19 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING Parks & Recreation Goal:Ensure the long-term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Parks & Recreation Implementation Action:Evaluate and identify those lands under Borough ownership that would be appropriate for parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. Parks & Recreation Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Parks & Recreation Implementation Action: Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. Parks & Recreation Implementation Action:Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. These goals and implementation actionsunderline thecommunity’s desire to maintain and improve access to recreational opportunitiesfor the public, as well as take action to manage that access and resources. RECOMMENDATION Staff recommends that the Commission forward this resolutionto the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Assembly of the Kodiak Island Borough approve a resolution authorizingthe Parks and Recreation Committee to move forward with an update to the Kodiak Island BoroughComprehensive Parks and Recreation Plan that was adopted January 9, 1981, and approve the findings of fact of the staff report dated November 29, 2017. FINDINGS OF FACT 1.The Kodiak Island Borough Comprehensive Parks and Recreation Plan has not been updated since 1981. 2.Since adoption of the 1981 plan, factors such as recreational demands, condition of recreational facilities, and the availability of local and state resources have changed drastically. 3.KIB Code 2.120.010empowers the Parks and Recreation Committee to review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan. 4.The Parks and Recreation Committee has voted unanimously to support an update to the Kodiak Island Borough Comprehensive Parks and RecreationPlan. Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 20 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 1 Introduced by:P&R 2 Drafted by:CDD 3 Introduced on:12/13/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 PLANNING & ZONING COMMISSION 8 RESOLUTIONNO. FY2018-04 9 10 A RESOLUTIONOF THE PLANNING AND ZONING COMMISSIONOF THE KODIAK ISLAND 11 BOROUGHRECOMMENDING THAT THE BOROUGH ASSEMBLY AUTHORIZE THE PARKS 12 AND RECREATION COMMITTEE TO MOVE FORWARD WITH AN UPDATE TOTHE KODIAK 13 ISLAND BOROUGH COMPREHENSIVE PARKS AND RECREATION PLAN THAT WAS 14 ADOPTED JANUARY 9, 1981 15 16 WHEREAS,the Kodiak Island Borough established a Parks and Recreation Committee by 17 Ordinance No. 82-36-O; and 18 19 WHEREAS,the Kodiak Island Borough Parks and Recreation Committee is empowered to 20 review and recommend revisionsas necessary to the adopted comprehensive parks and 21 recreation plan (KIBC 2.120.010); and 22 23 WHEREAS,any such plans shall be reviewed by the Planning and Zoning Commission prior to 24 the presentation to the manager and assembly(KIBC 2.120.010); and 25 26 WHEREAS,the existing Kodiak Island Borough Comprehensive Parks and Recreation plan has 27 not been updated since 1981; and 28 29 WHEREAS,the Planning and Zoning Commission has received a request fromthe Parks and 30 Recreation Committee to commence updating the Comprehensive Parks and Recreation Plan; 31 and 32 33 WHEREAS,the Planning and Zoning Commission voted on December13, 2017 to approve 34 P&Z Resolution No. FY2018-04, and to recommend to the Borough Assembly that an update to 35 the Comprehensive Parks and Recreation Plan be initiated,finding that the public necessity, 36 convenience, general welfare, and good land use practice would be enhanced by such action. 37 38 NOW, THEREFORE, BE IT RESOLVEDBY THE PLANNING &ZONING COMMISSION OF 39 THE KODIAK ISLAND BOROUGH that 40 41 The Parks and Recreation Committee shouldmove forward with the process of updating the 42 existing Comprehensive Parks and Recreation Plan that was adopted January 9, 1981, and a 43 resolutionauthorizing this planning effort shallbe forwarded to the Assembly. 44 Kodiak Island Borough, AlaskaResolutionNo. FY2018-04 Page 1 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 21 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 45 ADOPTED BY THE PLANNING & ZONING COMMISSIONOF THE KODIAK ISLAND 46 BOROUGH 47 THIS __________ DAY OF _______________, 2018. 48 49 KODIAK ISLAND BOROUGH 50 PLANNING AND ZONING COMMISSIONATTEST: 51 52 53______________________________________________________ 54 Scott Arndt,ChairSheila Smith, Clerk 55 56 VOTES: 57 Ayes: 58 Noes: 59 Kodiak Island Borough, AlaskaResolutionNo. FY2018-04 Page 2 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 22 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 1 Introduced by: 2 Drafted by:CDD 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTIONNO. FY2018-XX 8 9 A RESOLUTIONOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAUTHORIZING 10 THE PARKS AND RECREATION COMMITTEE TO MOVE FORWARD WITH AN UPDATE TO 11 THE KODIAK ISLAND BOROUGH COMPREHENSIVE PARKS AND RECREATION PLAN 12 THAT WAS ADOPTED JANUARY 9, 1981(P&Z CASE NO. 18-012) 13 14 WHEREAS,the Kodiak Island Borough established a Parks and Recreation Committee by 15 Ordinance No. 82-36-O; and 16 17 WHEREAS,the Kodiak Island Borough Parks and Recreation Committee is empowered to 18 review and recommend revisionsas necessary to the adopted comprehensive parks and 19 recreation plan (KIBC 2.120.010); and 20 21 WHEREAS,any such plans shall be reviewed by the Planning and Zoning Commission prior to 22 the presentation to the manager and assembly(KIBC 2.120.010); and 23 24 WHEREAS,the existing Kodiak Island Borough Comprehensive Parks and Recreation plan has 25 not been updated since 1981; and 26 27 WHEREAS,the Planning and Zoning Commission has received a request form the Parks and 28 Recreation Committee to commence updating the Comprehensive Parks and Recreation Plan; 29 and 30 31 WHEREAS,the Planning and Zoning Commission voted on December 13, 2017to recommend 32 to the Borough Assembly that this resolution be approved, finding that the public necessity, 33 convenience, general welfare, and good land use practice would be enhanced by such action. 34 35 NOW, THEREFORE, BE IT RESOLVEDBY THE ASSEMBLY OFTHE KODIAK ISLAND 36 BOROUGH that 37 38 The Parks and Recreation Committee may move forward with the process of updating the existing 39 Comprehensive Parks and Recreation Plan that was adopted January 9, 1981. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS __________ DAY OF _______________, 2018. 43 44 KODIAK ISLAND BOROUGHATTEST: 45 Kodiak Island Borough, AlaskaResolutionNo.FY2018-XX Page 1 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 23 of 111 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-D JANUARY 24, 2018 P&Z REGULAR MEETING 46 47______________________________________________________ 48 Daniel A.Rohrer,MayorNova M. Javier, MMC, Clerk 49 50 VOTES: 51 Ayes: 52 Noes: Kodiak Island Borough, AlaskaResolutionNo.FY2018-XX Page 2 of 2 Case No. 18-012 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 24 of 111 AGENDA ITEM #13.B.1. 6. Granting the requested variance would not result in a prohibited land use in the R1- Single-family Residential District. COMMISSIONER YOUNG MOVED to postpone Case 17-027 to the June 20, 2018 P&Z regular meeting. Daniel Mckenna-Foster gave a brief staff report. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 18-011. Request an ordinance of the Kodiak Island Borough amending various sections of Title 17 (Zoning) to provide for additional regulation of communications towers. The applicant is the Kodiak Island Borough. The location is borough-wide, and the zoning is N/A. COMMISSIONER ALTENHOF MOVED to recommend that the Assembly of the Kodiak Island Borough adopt the ordinance amending various sections of Title 17 KIBC (Zoning) to provide for regulation of communications towers and adopt the findings of fact in the staff report dated January 10, 2018 for Case No. 18-011. Mckenna-Foster gave a brief staff report. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. Title 17 of the Kodiak Island Borough Code currently has no regulations that specifically address communications towers or infrastructure. 2. An ordinance regulating communications towers and infrastructure will clarify processes for applicants, property owners, and the public. 3. This ordinance is consistent with land use goals and implementation actions identified in the 2008 Comprehensive Plan. 4. The Planning and Zoning Commission recommends that the Borough Assembly adopt this ordinance. ROLL CALL VOTE ON MOTION D. CASE 18-012. Request Kodiak Island Borough Planning and Zoning Commission Resolution No. FY2018-04 recommending that the Borough Assembly initiate an update of the adopted Parks and Recreation Comprehensive Plan by the Borough Parks and Recreation Committee. The applicant is the Kodiak Island Borough. The location is borough-wide, and the zoning is N/A. COMMISSIONER TOWNSEND MOVED to adopt P&Z Resolution 2018-04 and recommend that the Assembly of the Kodiak Island Borough approve a resolution authorizing the Parks and Recreation Committee to move forward with an update to the Kodiak Island Borough Comprehensive Parks and Recreation Plan that was adopted Kodiak Island Borough Planning & Zoning Commission Minutes January 24, 2018 Page 3 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 25 of 111 AGENDA ITEM #13.B.1. January 9, 1981, and approve the findings of fact in the staff report dated November 29, 2017. Mckenna-Foster gave a brief staff report. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS A. Elections Chair and Vice-chair CHAIR ARNDT opened nominations for Chair: COMMISSIONER YOUNG nominated Scott Arndt for Chair. There are no more nominations so CHAIR ARNDT closed nominations. VOICE VOTE ON SCOTT ARNDT FOR CHAIR CARRIED UNANIMOUSLY CHAIR ARNDT opened nominations for Vice-Chair: COMMISSIONER YOUNG nominated Barry Altenhof for Vice-Chair. There are no more nominations so CHAIR ARNDT closed nominations. VOICE VOTE ON BARRY ALTENHOF FOR VICE-CHAIR CARRIED UNANIMOUSLY COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement Actions COMMISSIONER YOUNG MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: The February Planning and Zoning Commission work session and regular meeting have been canceled due to a lack of quorum March 14, 2018 Work Session-6:30 p.m.-Borough Conference Room March 21, 2018 Regular Meeting-6:30 p.m.-Assembly Chambers COMMISSIONER YOUNG MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CI 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 Kodiak Island Borough Planning & Zoning Commission Minutes January 24, 2018 Page 4 Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 26 of 111 AGENDA ITEM #13.B.1. Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee ... Page 27 of 111 AGENDA ITEM #13.B.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 1, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-29 Joint Borough and City of Kodiak Resolution Urging the Governor of the State of Alaska To Declare A Disaster and To Request the Secretary of Commerce To Declare a Commercial Fishery Failure and a Disaster for the 2018 Gulf of Alaska Pacific Cod Fishery. ORIGINATOR: RECOMMENDATION: Move to adopt Resolution No. FY2018-29. DISCUSSION: At the last KFWG meeting, Representative Stutes requested that both the City and Borough adopt a resolution urging the Governor of the State of Alaska to declare a disaster and to request the Secretary of Commerce to declare a commercial fishery failure and a disaster for the 2018 gulf of Alaska Pacific Cod Fishery. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-29 Joint Borough and City of Kodiak Resolution Urg... Page 28 of 111 AGENDA ITEM #13.B.2. 1 Introduced by:KIB Assembly 2 Introduced on:03/01/2018 3 Adopted on: 4 KODIAK ISLAND BOROUGH 5 RESOLUTIONNO. FY2018-29 6 7A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND 8KODIAK ISLAND BOROUGH ASSEMBLY URGINGTHEGOVERNOROFTHE 9STATEOFALASKATODECLARE A DISASTER AND TO REQUEST THE 10SECRETARY OF COMMERCE TO DECLARE A COMMERCIAL FISHERY FAILURE 11AND A DISASTER FOR THE 2018 GULF OF ALASKA PACIFIC COD FISHERY 12 13 WHEREAS,in December 2017 the North Pacific Fishery Management Council reduced the 14 2018 Gulf of Alaska Pacific cod catch limits by 80 percent compared to 2017; and 15 16 WHEREAS,this reduction projectsto a $20.8 million loss in the first wholesale value in 2018, 17 and these substantial reductions clearly meet the definition of a commercial fishery failure; and 18 19 WHEREAS,under the Magnuson-Stevens Fishery Conservation and Management Act, a 20 fishery resource disaster is a sudden, unexpected, large decrease in fish stock biomass or other 21 change that results in significant loss of access to the fishery resource for a substantial period of 22 time; and 23 24 WHEREAS,scientific information suggests that the decline in the Gulf of Alaska Pacific cod 25 fishery is the result of an unusually warm mass of waterthat persisted from 2014 through 2016, 26 which may have reducedavailable food, and could have resultedin poor body condition, 27 increased mortality; andimpacted larval survival; and 28 29 WHEREAS,the impacts will be immediately felt throughout our Gulf coastal communities by 30 commercial fishermen, fish, processors, and secondary businesses for years to come and will 31 impact the economic base of local government. 32 33 NOW, THEREFORE, BE IT RESOLVEDTHATTHE ASSEMBLY OFTHE KODIAK ISLAND 34 BOROUGH urges GovernorWalkertodeclare a disaster in accordance with Section 312(a) of 35 the Magnuson-Stevens Fishery Management and Conservation Act for the 2018 commercial 36 Pacific cod fishery in the Gulf of Alaska and that he request the Secretary of Commerce to do the 37 same. 38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 39 THIS __________ DAY OF _______________,201X. 40 41 KODIAK ISLAND BOROUGHATTEST: 42 43 44______________________________________________________ 45 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk Kodiak Island Borough, AlaskaResolutionNo. FY2018-29 Page 1of 1 Resolution No. FY2018-29 Joint Borough and City of Kodiak Resolution Urg... Page 29 of 111 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 22, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). ORIGINATOR: Daniel McKenna-Foster RECOMMENDATION: Move to advance Ordinance No. FY2018-17 to public hearing at the next regular meeting of the Assembly. DISCUSSION: In the past several years, the usage of mobile devices and personal electronics has expanded considerably, with a corresponding increase in the need for new and expanded types of telecommunications infrastructure. Currently the Kodiak Island Borough lacks language in its zoning code to regulate this infrastructure. This ordinance creates regulations and processes for the land use-related permitting of these towers. Community Development Department staff held one public meeting and the Planning & Zoning Commission held 8 work sessions and one public hearing. At the public hearing on January 24, 2018, P&Z voted unanimously to forward the ordinance to the Assembly for review approval. ALTERNATIVES: Fail or modify Ordinance No. FY2018-17. FISCAL IMPACT: There is no significant fiscal impact to the Borough. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 30 of 111 AGENDA ITEM #13.C.1. 1 Introduced by: CDD 2 Requested by: P&Z Commission 3 Drafted by: CDD 4 Introduced on: 03/01/2018 5 Public Hearing Date: 03/22/2018 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2018-17 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 12 VARIOUS SECTIONS OF TITLE 17 TO PROVIDE FOR ADDITIONAL REGULATION OF 13 COMMUNICATIONS TOWERS (P&Z CASE NO. 18-011) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statues; and 18 19 WHEREAS, Whenever the public necessity, convenience, 20 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 21 thereon by the commission and public hearing as required by law, amend, supplement, modify, 22 repeal or otherwise change these regulations and tand 23 24 WHEREAS, the need for communications infrastructure has grown over the past several years 25 as consumer demand for cellular and data services has increased; and 26 27 WHEREAS, KIBC title 17 (Zoning) does not explicitly provide for the regulation of 28 communications towers; and 29 30 WHEREAS, providers or property owners seeking to lease, install, update, or modify existing 31 communications technology and infrastructure do not have clear guidance in how 32 communications towers are regulated locally; and 33 34 WHEREAS, the public necessity and general welfare of the community will be better served by 35 amending the code to include standardized permitting requirements for communications towers 36 and to list them as a conditional use in certain zoning districts; and 37 38 WHEREAS, the Planning and Zoning Commission discussed this issue at work sessions on 39 February 8, 2017, March 9, 2017, April 12, 2017, August 9, 2017, September 13, 2017, October 40 11, 2017, November 8, 2017, and January 17, 2018; and 41 42 WHEREAS, the Planning and Zoning Commission directed the KIB Community Development 43 Department to hold a public meeting on the subject, and a meeting was held on June 28, 2017; 44 and 45 Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 1 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 31 of 111 AGENDA ITEM #13.C.1. 46 WHEREAS, the Planning and Zoning Commission held public hearing on this issue at their 47 January 24, 2018 meeting. 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH THAT: 51 52 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 53 Kodiak Island Borough Code of Ordinances; and 54 55 Section 2: That Chapters 17.25 (Definitions), 17.35 (W Watershed District), 17.45 (NU Natural 56 Use District), 17.90 (B Business District), 17.95 (RNC Rural Neighborhood Commercial 57 District), 17.100 (UNC Urban Neighborhood Commercial District), 17.105 (I Industrial District), 58 17.110 (RB Retail Business District), 17.120 (LI Light Industrial District), 17.130 (PL Public 59 Use Lands District), and 17.17.145 (Height Limitations) of the Kodiak Island Borough Code of 60 Ordinances is amended to read as follows: 61 62 Chapter 17.25 63 DEFINITIONS 64 65 17.25.020 A definitions. 66 - 67 family residence or within a detached accessory structure or as a separate structure on the 68 same lot as the single-family residence. ADUs have a separate entrance and exit and contain 69 kitchen, bathroom, and sleeping facilities. 70 71 a personal wireless service facility or mount. This includes utility or transmission 72 equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets 73 and storage sheds, shelters, or similar structures. 74 , lease, or 75 personal use, of plants and animals useful to people. This does not include any uses involving 76 or related to commercial marijuana activities. 77 78 area. 79 A 80 81 serve aircraft in approach category A (speed less than 91 knots). 82 83 access to any property abutting thereon. 84 85 classification. 86 87 by a personal wireless service facility. 88 - 89 longitudinally centered on the extended runway 90 centerline and extending outward and upward from each end of a runway. The inner edge of the Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 2 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 32 of 111 AGENDA ITEM #13.C.1. 91 approach surface is the same width as the runway and it expands uniformly to a width of 1,500 92 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 93 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any 94 other object be stored or placed in such a manner as to protrude into the approach surfaces. 95 A. The approach surfaces for the municipal airport extend upward and outward from the 96 south end of the existing lake surface (towards Larch Street) and the north end of the 97 gravel runway (Von Scheele Way) only. 98 g of used motor vehicles or trailers or the storage or 99 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 100 101 17.25.040 C definitions. 102 103 airport gravel runway and all of the water area of Lilly Lake, excepting the parking zone, within 104 which no structure may be constructed, erected, or placed and no vehicle or other object may be 105 106 the southerly end of Lilly Lake to the Larch Street right-of-way. 107 harvest and sale of seafood products 108 carried out for a profit. 109 110 elk, reindeer, llamas) for slaughter and commercial sale of meat, for hunting, or for rent for 111 recreational uses, when these activities are carried out for profit. 112 ower (t means a structure that is built for the sole or primary 113 purpose of supporting equipment for the transmission and/or reception of radio frequency 114 signals, other wireless communications, or meteorological purposes, and usually 115 consisting of an antenna or antenna array, transmission cables, equipment cabinets, and 116 their associated facilities. 117 thin the zoning regulations 118 by permitting certain specified uses in zoning districts after additional controls and safeguards are 119 applied by the commission to ensure their compatibility with permitted principal uses. 120 total lot area covered by the building area. \[Ord. 2001- 121 05 §2, 2001; Ord. 93-66 §3, 1993; Ord. 87-09-O §7, 1987; Ord. 81-31-O §1, 1981; prior code Ch. 122 5 subch. 2 §9B. Formerly §§17.06.162 17.06.170\]. 123 124 17.25.170 P definitions. 125 126 the municipal airport and on that side of the clear zone which is farthest from the gravel runway. 127 No structure may be constructed, erected, or placed within the parking zone except motor vehicles 128 and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not 129 130 Lake, measured out from the existing shoreline of the lake, within which seaplanes may be parked 131 or stored. 132 133 includes firm, partnership, or corporation, or their successors or assigns, or the agent of any of 134 the aforesaid. Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 3 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 33 of 111 AGENDA ITEM #13.C.1. 135 136 intended for a primary use of providing commercial or public wireless, radio, microwave, 137 or other communication services and functionality. 138 ildings and structures thereon. 139 140 Chapter 17.35 141 W Watershed District 142 17.35.030 Conditional uses. 143 The following land uses and activities may be allowed by obtaining a conditional use permit in 144 accordance with the provisions of Chapter 17.200 KIBC: 145 146 A. Communication facilities and towers; and 147 B. Recreational uses not requiring structures for overnight habitation. 148 149 Chapter 17.45 150 NU Natural Use District 151 152 17.45.040 Conditional uses. 153 The following land uses and activities may be allowed by obtaining a conditional use permit in 154 accordance with the provisions of Chapter 17.200 KIBC: 155 156 A. Communication facilities and towers; 157 B. Parks and recreational support structures, including related equipment, facilities, and 158 structures (e.g., playground equipment, bathroom facilities, picnic shelters, parking lots, and 159 other paved areas, etc.); 160 C. Public recreational cabins; 161 D. Road and utility installations; and 162 E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat 163 enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.). 164 165 Chapter 17.90 166 B Business District 167 168 17.90.030 Conditional uses. 169 The following land uses and activities may be allowed by obtaining a conditional use permit in 170 accordance with the provisions of Chapter 17.200 KIBC: 171 172 A. Churches; 173 B. Hospitals; 174 C. Recreational vehicle parks; 175 D. Mobile home parks; 176 E. Warehouses; 177 F. Marijuana cultivation, limited; and 178 G. Marijuana cultivation, standard.; and 179 H. Communications towers. Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 4 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 34 of 111 AGENDA ITEM #13.C.1. 180 181 Chapter 17.95 182 RNC Rural Neighborhood Commercial District 183 184 17.95.040 Conditional uses. 185 The following land uses and activities may be allowed by obtaining a conditional use permit in 186 accordance with the provisions of Chapter 17.200 KIBC: 187 188 A. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 189 B. Utility and service uses (e.g., substations); and 190 C. Recreational vehicle parks.; and 191 D. Communications towers. 192 193 Chapter 17.100 194 UNC Urban Neighborhood Commercial 195 196 17.100.040 Conditional uses. 197 The following land uses and activities may be allowed by obtaining a conditional use permit in 198 accordance with the provisions of Chapter 17.200 KIBC: 199 200 A. Animal hospitals, veterinary clinics, and boarding kennels; 201 B. Automobile service stations; 202 C. Churches; 203 D. Commercial recreation facilities (e.g., racquetball courts, health clubs, ice rinks, etc.); 204 E. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 205 F. Utility and service uses (e.g., substations, etc.); and 206 G. Recreational vehicle parks.; and 207 H. Communications towers. 208 209 Chapter 17.105 210 I Industrial District 211 212 17.105.020 Conditional uses. 213 The following uses may be permitted by obtaining a conditional use permit in accordance with 214 the provisions of Chapter 17.200 KIBC: 215 216 A. Acetylene gas manufacture or storage; 217 B. Ammonia, bleaching powder or chlorine manufacture; 218 C. Cement, concrete, lime and plaster manufacture; 219 D. Chemical bulk storage and sales; 220 E. Garbage disposal sites, dumps and sanitary landfills; 221 F. Petroleum or flammable liquid production, refining or storage; and 222 G. Recreational vehicle parks.; and 223 H. Communications towers. 224 Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 5 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 35 of 111 AGENDA ITEM #13.C.1. 225 Chapter 17.110 226 RB Retail Business District 227 228 17.110.040 Conditional uses. 229 The following land uses and activities may be allowed by obtaining a conditional use permit in 230 accordance with the provisions of Chapter 17.200 KIBC: 231 232 A. Automobile and boat sales, storage, and repair; 233 B. Churches; 234 C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 235 D. Outdoor storage, when screened by a sight-obscuring fence a minimum of six feet in height; 236 E. Utility and service uses (e.g., substations, etc.); 237 F. Warehouses; 238 G. Wholesaling and distributing operations (excluding bulk fuel operations); 239 H. Recreational vehicle parks; 240 I. Marijuana cultivation, limited; and 241 J. Marijuana cultivation, standard.; and 242 K. Communications towers. 243 244 Chapter 17.120 245 LI Light Industrial District 246 247 17.120.040 Conditional uses. 248 The following land uses and activities may be allowed by obtaining a conditional use permit in 249 accordance with the provisions of Chapter 17.200 KIBC: 250 251 A. New airports (when a facility is granted a CUP, all aviation-related uses will be considered 252 permitted uses); 253 B. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 254 C. Junkyards and salvage yards; and 255 D. Recreational vehicle parks.; and 256 E. Communications towers. 257 258 Chapter 17.130 259 PL Public Use Lands District 260 261 17.130.030 Conditional uses. 262 The following land uses may be allowed by obtaining a conditional use permit in accordance 263 with the provisions of Chapter 17.200 KIBC: 264 265 A. Airports; 266 B. Correctional facilities; 267 C. Dormitories; 268 D. Governmental maintenance and service facilities and storage yards; 269 E. Natural resource extraction; Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 6 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 36 of 111 AGENDA ITEM #13.C.1. 270 F. Solid waste disposal sites; 271 G. Radio and television transmitters; and 272 H. Recreational vehicle parks.; and 273 I. Communications towers. 274 275 Chapter 17.145 276 COMMUNICATION TOWERS AND OTHER TALL STRUCTURES 277 278 Sections: 279 17.145.010 Height limitations. 280 17.145.020 Airport height limitations. 281 17.145.030 Commercial use of communications towers. 282 17.145.040 Exemptions. 283 17.145.050 Communications towers as conditional uses. 284 17.145.060 Application requirements. 285 17.145.070 Approval criteria. 286 287 17.145.010 Height limitations. 288 The height limitations contained in this title do not apply to spires, belfries, cupolas, chimneys, 289 antennas, water tanks, ventilators, elevator housing, or other similar structures placed above the 290 roof level which are required for the operation and maintenance of a building. 291 292 17.145.020 Airport height limitations. 293 A maximum height limitation of 35 feet is established for all structures on lands contiguous to or 294 adjoining a utility airport, Lilly Lake and the Kodiak Municipal Airport. This height limitation 295 applies even if the zoning district in which the property is located permits a greater height 296 limitation. 297 298 A. For all lands contiguous to or adjoining a utility airport, no structures or equipment may be 299 located in such a manner that any portion of a structure or piece of equipment projects into the 300 runway clear zone or approach surfaces. 301 302 B. For all lands contiguous to or adjoining Lilly Lake and the Kodiak Municipal Airport, no 303 structures or equipment may be located in such a manner that any portion of a structure or 304 piece of equipment projects into the approach surfaces or the clear zone. 305 306 17.145.030 Commercial use of communications towers. 307 This chapter, except 17.145.010 and 17.145.020, applies to any communications towers 308 dedicated to commercial or public use as either primary or accessory structures and uses. 309 310 17.145.040 Exemptions. 311 The following structures are exempt from the regulations of this chapter: 312 313 A. Facilities owned by or maintained for the use of the United States military; 314 B. Facilities constructed for private use; and Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 7 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 37 of 111 AGENDA ITEM #13.C.1. 315 C. Temporary structures that will stand for no more than 30 days. 316 317 17.145.050 Communications towers as conditional uses. 318 A. Communications towers are a conditional use in the following zoning districts: 319 320 1. Chapter 17.35 KIBC, W Watershed District 321 2. Chapter 17.45 KIBC, NU Natural Use District 322 3. Chapter 17.50 KIBC, C Conservation District 323 4. Chapter 17.55 KIBC, RD Rural Development District 324 5. Chapter 17.90 KIBC, B Business District 325 6. Chapter 17.95 KIBC, RNC Rural Neighborhood Commercial District 326 7. Chapter 17.100 KIBC, UNC Urban Neighborhood Commercial District 327 8. Chapter 17.105 KIBC, I Industrial District 328 9. Chapter 17.110 KIBC, RB Retail Business District 329 10. Chapter 17.120 KIBC, LI Light Industrial District 330 11. Chapter 17.130 KIBC, PL Public Use Lands District 331 332 B. Communications towers are a prohibited use in all other zoning districts. 333 334 17.145.060 Application requirements. 335 In addition to providing the information specified in this title for conditional uses, an 336 application for a conditional use permit for the construction of a communications tower or 337 placement of a telecommunications antenna on an existing structure other than a tower or 338 antenna previously permitted must include the following information: 339 340 A. A copy of the specifications for the proposed structures and antennas, including 341 description of the design characteristics and material; 342 343 B. A site plan drawn to scale showing property boundaries, tower location, tower height, 344 guy wires and anchors, existing structures, photographs or elevation drawings depicting 345 typical design of proposed structures, parking, fences, landscaping, and existing land 346 uses on adjacent property; 347 348 C 349 towers, and proposed towers within the borough; 350 351 D. Names of the owners of the tower, antennas and equipment to be located on the site; 352 353 E. Evidence that a valid FCC license for the proposed activity has been issued, if required; 354 355 F. A copy of the FAA determination as to whether the tower poses an aviation hazard, 356 including the safety lighting and marking required by FAA, if any, and whether preferences 357 or requests for deviations from such marking and lighting systems were submitted; 358 Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 8 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 38 of 111 AGENDA ITEM #13.C.1. 359 G. A written agreement, to remove the tower and/or antenna within 180 days after the tower 360 or antenna is substantially unused for a period of 12 consecutive months; 361 362 H. A visual impact analysis that quantifies the amount of visual impact on properties 363 located within 1,000 feet of any proposed tower under 65 feet or within 2,500 feet of any 364 proposed tower over 65 feet. Such analysis should include, to the extent practicable, the 365 visual impact from at least two of the four compass directions, and show the relationship 366 of the tower and its facilities against the massing of surrounding structures, trees, and 367 other intervening visual masses. This analysis will include recommendations to mitigate 368 adverse visual impacts on other properties; 369 370 I. An alternative site analysis including the availability of suitable existing towers and other 371 alternative structures or locations for the proposed tower considered by the applicant; and 372 373 J. Additional information which may be required by the community development 374 department for determination that all applicable laws are met. 375 376 17.145.070 Approval criteria. 377 Within 60 days from application, the planning and zoning commission shall approve, 378 approve with conditions or deny a permit under this section after considering all of the 379 following criteria: 380 381 A. Location and Visual Impact. The proposed communications tower, antenna or 382 accessory structure will be placed in a reasonably available location which will minimize 383 the visual impact on the surrounding area and allow the facility to function in accordance 384 with minimum standards imposed by the applicable communications regulations and 385 386 camouflage, screening, vegetative buffers and/or site requirements, to ensure this criteria 387 is met. 388 389 B. Inability to Locate on an Existing Structure. A permit should not be issued unless a 390 proposed antenna and equipment cannot be accommodated and function as required by 391 392 modifications on any existing structure or communications tower. 393 394 C. Necessity for Location in a Residential Neighborhood. A permit should not be issued in 395 a residential neighborhood unless the area cannot be adequately served by a facility 396 placed in a nonresidential area for valid technical reasons. Conditions may be imposed to 397 lessen the impact of a communications tower on a residential neighborhood, including 398 limitations on times for maintenance work to be performed, number of vehicles present, 399 yard maintenance, and similar requirements. 400 401 D. Design for Future Use. A new tower must be designed to accommodate additional 402 403 requirements. Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 9 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 39 of 111 AGENDA ITEM #13.C.1. 404 405 E. Collocation. A permit shall be conditioned to require the applicant to make the tower 406 available for use by as many other licensed carriers as can be technically collocated 407 thereon when the use will not result in substantial injury to the owner, or in substantial 408 detriment to the service to the customers of the owners. All licensed carriers shall 409 cooperate with each other in collocating additional facilities upon such towers. All licensed 410 carriers shall exercise good faith in collocating with other licensed carriers and in the 411 sharing of towers, including the sharing of technical information to evaluate the feasibility 412 of collocation. 413 414 F. Illumination. A communications tower may not be illuminated unless otherwise required 415 by state or federal law or regulations or unless evidence has been presented that lighting 416 is necessary to ensure the safety of the public. To prevent direct light reflection on other 417 property, tower structure lighting shall be shielded to the extent permitted by the Federal 418 Aviation Administration. 419 420 G. Distance from Existing Tower. A permit for a proposed tower within 1,000 feet of an 421 existing tower shall not be issued unless the applicant certifies that the existing tower 422 423 design requirements, or that a collocation agreement could not be obtained. 424 425 H. Yard Area Requirements. Yards shall be a distance equal to at least 50 percent of the 426 height of the tower from a lot line. The planning and zoning commission may modify this 427 requirement if the tower and equipment will be adequately screened to mitigate its visual 428 impact and no safety hazards are presented. 429 430 I. Height. The permitted height of a proposed tower shall be no higher than technically 431 required to satisfy the specific purpose of the tower and will consider the impact on the 432 surrounding uses. 433 434 J. Zoning District Standards. Nothing in this section alters the requirements for visibility, 435 fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, 436 storage, or other general zoning district regulations, except yard and height requirements, 437 of any specific zone. Yard and height requirements in this section shall apply. 438 439 K. Design Drawings and Specifications. A permit shall be conditioned to require the 440 applicant to submit design drawings and specifications stamped by a registered 441 professional in the state of Alaska certifying compliance with the building code of the 442 authority having jurisdiction. 443 444 L. Compliance with Other Laws. A proposed tower must comply with all local, state, and 445 federal laws. 446 447 M. A report from a structural engineer registered in the State of Alaska showing that the 448 tower will contain only equipment meeting FCC rules, the tower antenna capacity by type Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 10 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 40 of 111 AGENDA ITEM #13.C.1. 449 and number, and a certification that the tower is designed to withstand winds in 450 accordance with ANSI/EIA/TIA 222 (latest revision) standards. 451 452 Effective Date: This ordinance takes effect upon adoption. 453 454 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 455 THIS __________ DAY OF _______________, 2018. 456 457 KODIAK ISLAND BOROUGH ATTEST: 458 459 460 ___________________________ ___________________________ 461 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 462 463 VOTES: 464 Ayes: 465 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2018-17 Deletion Red, Strikeout Page 11 of 11 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 41 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING STAFF REPORT AND RECOMMENDATION Case 18-011.An ordinance of the Kodiak Island Borough amending various sections of Title 17 (Zoning) to provide for additional regulation of communications towers. DATE: January 10, 2018 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT:Staff Report and Recommendation CASE: 18-011 APPLICANT:Kodiak Island Borough Community Development Department LOCATION: N/A LEGAL DSC: N/A ZONING:N/A NOTICE:One (1) public notice was sent out for this case, no responses were received. SITE VISIT: N/A 1. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.205.010 Authority: Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement,modify, repeal or otherwise change these regulations and the boundaries of the districts. STAFFANALYSIS Title 17 of the Kodiak Island BoroughCode currently has no regulationsspecifically addressing the use or development of communications towers or infrastructure. This ordinance is intended to clarify processes for establishing and maintaining communications towers in the Kodiak Island Borough. Staff has worked with the Planning & Zoning Commission to develop an ordinance to provide better clarity to applicants seeking to build or change communication towers, property owners, and the public. The 2008 Comprehensive Plan contains the following: Land Use Goal:Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. Land Use Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost-effectively and efficiently. Land Use Implementation Action: Periodically review adopted zoning districts to ensure that they are appropriate and focused on the needs and direction provided by the Comprehensive Plan. This goal and its implementation actions speak to the community’s desire to see clear processes that are simple and effective, and reflect the values of the community. Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 42 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Assembly of the Kodiak Island Borough adoptthe ordinance amending various sections of Title 17 KIBC (Zoning) to provide for regulation of communications towersand adopt the findings of fact in the staff report dated January 10, 2018 for Case No. 18-011. FINDINGS OF FACT(KIBC 17.205.020) 1.Title 17 of the Kodiak Island Borough Code currently has no regulations that specifically addresscommunications towers or infrastructure. 2.An ordinance regulating communications towers and infrastructure will clarify processes for applicants, property owners, and the public. 3.This ordinance is consistent with land use goals and implementation actions identified in the 2008 Comprehensive Plan. 4.The Planning and Zoning Commission recommends that the Borough Assembly adopt this ordinance. Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 43 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 1 Introduced by:P&Z Commission 2 Drafted by:CDD 3 Introduced on: 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-XX 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAKISLANDBOROUGH AMENDING 11 VARIOUS SECTIONS OF TITLE 17 TO PROVIDE FOR ADDITIONAL REGULATION OF 12 COMMUNICATIONS TOWERS 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basispursuant to Chapter 29.40 Alaska 16 Statues; and 17 18 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 19 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 20 thereon by the commissionand public hearing as required by law, amend, supplement, modify, 21 repeal or otherwise change these regulations and the boundaries of the districts”; and 22 23 WHEREAS, the need for communications infrastructure has grown over the past several years 24 as consumer demand for cellular and data services has increased; and 25 26 WHEREAS, KIBC title 17 (Zoning) does not explicitly provide for the regulation of 27 communications towers; and 28 29 WHEREAS, providers or property owners seeking to lease, install, update, or modify existing 30 communications technology and infrastructure do not have clear guidance in how 31 communications towers are regulatedlocally; and 32 33 WHEREAS, the public necessity and general welfare of the community willbe better served by 34 amending the code to includestandardized permittingrequirements for communications towers 35 and to list them as a conditional use in certain zoning districts; and 36 37 WHEREAS, the Planning and Zoning Commission discussed this issue at work sessions on 38 February 8, 2017, March 9, 2017, April 12, 2017, August 9, 2017, September 13, 2017, October 39 11, 2017, and November 8, 2017; and 40 41 WHEREAS, the Planning and Zoning Commission directed the KIB Community Development 42 Department to hold a public meeting on the subject, and a meeting was held on June 28, 2017; 43 and 44 Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 1 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 44 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 45 WHEREAS, the Planning and Zoning Commission held public hearing on this issue at their XX 46 XXX meeting; and 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH THAT: 50 51 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 52 Kodiak Island Borough Code of Ordinances. 53 54 Section 2:That Chapters17.25 (Definitions), 17.35 (W – Watershed District), 17.45 (NU – Natural 55 Use District), 17.90 (B – BusinessDistrict), 17.95 (RNC –Rural Neighborhood Commercial 56 District), 17.100 (UNC – Urban Neighborhood CommercialDistrict), 17.105 (I – IndustrialDistrict), 57 17.110 (RB – Retail BusinessDistrict), 17.120 (LI – Light IndustrialDistrict), 17.130 (PL – Public 58 Use LandsDistrict), and 17.17.145(Height Limitations) of the Kodiak Island Borough Code of 59 Ordinancesis amended to read as follows: 60 61 Chapter 17.25 62 DEFINITIONS 63 64 17.25.020 A definitions. 65“Accessory dwelling unit (ADU)” means an additional dwellingunit attached to or within a single- 66 family residence or within a detached accessory structure or as a separate structure on the 67 same lot as the single-family residence. ADUs have a separate entrance and exit and contain 68 kitchen, bathroom, and sleeping facilities. 69“Accessory equipment” means any equipment serving or being used in conjunction with 70 a personal wireless service facility or mount. This includes utility or transmission 71 equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets 72 and storage sheds, shelters, or similar structures. 73“Agricultural activities” means the production, keeping, or maintenance, for sale, lease, or 74 personal use, of plants and animals useful to people. This does not include any uses involving 75 or related to commercial marijuana activities. 76“Airport elevation” means the established elevation of the highest point of the usable landing 77 area. 78 Airport, Municipal. “Municipal airport” means the City of Kodiak Municipal Airport and Lilly Lake. 79 Airport, Utility. “Utility airport” means any airport in the borough designed and/or constructed to 80 serve aircraft in approach category A (speed less than 91 knots). 81“Alley” means a public way designed and intended to provide only a secondary means of 82 access to any property abutting thereon. 83“Alteration” means any change, addition, or modification in the construction, location, or use 84 classification. 85“Antenna” means the equipment from which wireless radio signals are sent and received 86 by a personal wirelessservice facility. 87 Apartment House. For “apartment house,” see “Dwelling, multiple-family,” KIBC 17.25.050. 88“Approach surface” means an approach surface longitudinally centered on the extended runway 89 centerline and extending outward and upward from each end of a runway. The inner edge of the Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 2 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 45 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 90 approach surface is the same width as the runway and it expands uniformly to a width of 1,500 91 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 92 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any 93 other object be stored or placed in such a manner as to protrude into the approach surfaces. 94 A. The approach surfaces for the municipal airport extend upward and outward from the 95 south end of the existing lake surface (towards Larch Street) and the north end of the 96 gravel runway (Von Scheele Way) only. 97“Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or 98 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 99 100 17.25.040 C definitions. 101“Clear zone” means that area within 50 feet from and on the outside of both edges of the municipal 102 airport gravel runway and all of the water area of Lilly Lake, excepting the parking zone, within 103 which no structure may be constructed, erected, or placed and no vehicle or other object may be 104 parked, stored, or placed. The “clear zone” also means that area 140 feet wide extending from 105 the southerly end of Lilly Lake to the Larch Street right-of-way. 106“Commercial fishing” means fishing activities involving the harvest and sale of seafood products 107 carried out for a profit. 108“Commercial livestock grazing” means rearing and grazing of livestock (horses, cattle, buffalo, 109 elk, reindeer, llamas) for slaughter and commercial sale of meat, for hunting, or for rent for 110 recreational uses, when these activities are carried out for profit. 111“Communications tower (tower)”means a structure that is built for the sole or primary 112 purpose of supporting equipment for the transmission and/or reception of radio frequency 113 signals,other wireless communications, or meteorological purposes, and usually 114 consisting of an antenna or antenna array, transmission cables, equipment cabinets, and 115 their associated facilities. 116“Conditional use permit” means a method of allowing for flexibility within the zoning regulations 117 by permitting certain specified uses in zoning districts after additional controls and safeguards are 118 applied by the commission to ensure their compatibility with permitted principal uses. 119“Coverage” means that percentage of the total lot area covered by the building area. \[Ord. 2001- 120 05 §2, 2001; Ord. 93-66 §3, 1993; Ord. 87-09-O §7, 1987; Ord. 81-31-O §1, 1981; prior code Ch. 121 5 subch. 2 §9B. Formerly §§17.06.162 – 17.06.170\]. 122 123 17.25.170 P definitions. 124“Parking zone” means a strip of land 25 feet in width immediately adjacent to the clear zone along 125 the municipal airport and on that side of the clear zone which is farthest from the gravel runway. 126 No structure may be constructed, erected, or placed within the parking zone except motor vehicles 127 and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not 128 permitted within parking zones. “Parking zone” also means a water area 30 feet in widthon Lilly 129 Lake, measured out from the existing shoreline of the lake, within which seaplanes may be parked 130 or stored. 131“Person” means a natural person, his heirs, executors, administrators, or assigns, and also 132 includes firm, partnership, or corporation,ortheir successors or assigns, or the agent of any of 133 the aforesaid. Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 3 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 46 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 134“Personal Wireless Service Facility” means any tower, structure, or other equipment 135 intended for a primary use of providing commercial or public wireless, radio, microwave, 136 or other communication services and functionality. 137“Premises” means a lot, together with all buildings and structures thereon. 138 139 Chapter 17.35 140 W– Watershed District 141 17.35.030 Conditional uses. 142 The following land uses and activities may be allowed by obtaining a conditional use permit in 143 accordance with the provisions of Chapter 17.200 KIBC: 144 145 A. Communication facilitiesand towers; and 146 B. Recreational uses not requiring structures for overnight habitation. 147 148 Chapter 17.45 149 NU– Natural UseDistrict 150 151 17.45.040 Conditional uses. 152 The following land uses and activities may be allowed by obtaining a conditional use permit in 153 accordance with the provisions of Chapter 17.200 KIBC: 154 155 A. Communication facilitiesand towers; 156 B. Parks and recreational support structures, including related equipment, facilities, and 157 structures (e.g., playground equipment, bathroom facilities, picnic shelters, parking lots, and 158 other paved areas, etc.); 159 C. Public recreational cabins; 160 D. Road and utility installations; and 161 E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat 162 enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.). 163 164 Chapter 17.90 165 B – BusinessDistrict 166 167 17.90.030 Conditional uses. 168 The following land uses and activities may be allowed by obtaining a conditional use permit in 169 accordance with the provisions of Chapter 17.200 KIBC: 170 171 A. Churches; 172 B. Hospitals; 173 C. Recreational vehicle parks; 174 D. Mobile home parks; 175 E. Warehouses; 176 F. Marijuana cultivation, limited; and 177 G. Marijuana cultivation, standard.; and 178 H. Communications towers. Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 4 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 47 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 179 180 Chapter 17.95 181 RNC– Rural Neighborhood Commercial District 182 183 17.95.040 Conditional uses. 184 The following land uses and activities may be allowed by obtaining a conditional use permit in 185 accordance with the provisions of Chapter 17.200 KIBC: 186 187 A. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 188 B. Utility and service uses (e.g., substations); and 189 C. Recreational vehicle parks.; and 190 D. Communications towers. 191 192 Chapter 17.100 193 UNC– Urban Neighborhood Commercial 194 195 17.100.040 Conditional uses. 196 The following land uses and activities may be allowed by obtaining a conditional use permit in 197 accordance with the provisions of Chapter 17.200 KIBC: 198 199 A.Animal hospitals, veterinary clinics, and boarding kennels; 200 B. Automobile service stations; 201 C. Churches; 202 D. Commercial recreation facilities (e.g., racquetball courts, health clubs, ice rinks, etc.); 203 E. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 204 F. Utility and service uses (e.g., substations, etc.); and 205 G. Recreational vehicle parks.; and 206 H. Communications towers. 207 208 Chapter 17.105 209 I– Industrial District 210 211 17.105.020 Conditional uses. 212 The following uses may be permitted by obtaining a conditional use permit in accordance with 213 the provisions of Chapter 17.200 KIBC: 214 215 A. Acetylene gas manufacture or storage; 216 B. Ammonia, bleaching powder or chlorine manufacture; 217 C. Cement, concrete, lime and plaster manufacture; 218 D. Chemical bulk storage and sales; 219 E. Garbage disposal sites, dumps and sanitary landfills; 220 F. Petroleum or flammable liquid production, refining or storage; and 221 G. Recreational vehicle parks.; and 222 H. Communications towers. 223 Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 5 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 48 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 224 Chapter 17.110 225 RB– Retail Business District 226 227 17.110.040 Conditional uses. 228 The following land uses and activities may be allowed by obtaining a conditional use permit in 229 accordance with the provisions of Chapter 17.200 KIBC: 230 231 A. Automobile and boat sales, storage, and repair; 232 B. Churches; 233 C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 234 D. Outdoor storage, when screened by a sight-obscuring fence a minimum of six feet in height; 235 E. Utility and service uses (e.g., substations, etc.); 236 F. Warehouses; 237 G. Wholesaling and distributing operations (excluding bulk fuel operations); 238 H. Recreational vehicle parks; 239 I. Marijuana cultivation, limited; and 240 J. Marijuana cultivation, standard.; and 241 K. Communications towers. 242 243 Chapter 17.120 244 LI – Light Industrial District 245 246 17.120.040 Conditional uses. 247 The following land uses and activities may be allowed by obtaining a conditional use permit in 248 accordance with the provisions of Chapter 17.200 KIBC: 249 250 A. New airports (when a facility is granted a CUP, all aviation-related uses will be considered 251 permitted uses); 252 B. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 253 C. Junkyards and salvage yards; and 254 D. Recreational vehicle parks.; and 255 E. Communications towers. 256 257 Chapter 17.130 258 PL – Public Use Lands District 259 260 17.130.030 Conditional uses. 261 The following land uses may be allowed by obtaining a conditional use permit in accordance 262 with the provisions of Chapter 17.200 KIBC: 263 264 A. Airports; 265 B. Correctional facilities; 266 C. Dormitories; 267 D. Governmental maintenance and service facilities and storage yards; 268 E. Natural resource extraction; Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 6 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 49 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 269 F. Solid waste disposal sites; 270 G. Radio and television transmitters; and 271 H. Recreational vehicle parks.; and 272 I. Communications towers. 273 274 Chapter 17.145 275 COMMUNICATION TOWERS AND OTHER TALL STRUCTURES 276 277 Sections: 278 17.145.010 Height limitations. 279 17.145.020 Airport height limitations. 280 17.145.030 Commercial use of communications towers. 281 17.145.040 Exemptions. 282 17.145.050 Communications towers as conditional uses. 283 17.145.060 Application requirements. 284 17.145.070 Approval criteria. 285 286 17.145.010 Height limitations. 287 The height limitations contained in this title do not apply to spires, belfries, cupolas, chimneys, 288 antennas, water tanks, ventilators, elevator housing, or other similar structures placed above the 289 roof level which are required for the operation and maintenance of a building. 290 291 17.145.020 Airport height limitations. 292 A maximumheight limitation of 35 feet is established for all structures on lands contiguous to or 293 adjoining a utility airport, Lilly Lake and the Kodiak Municipal Airport. This height limitation 294 applies even if the zoning district in which the property is located permits a greater height 295 limitation. 296 297 A. For all lands contiguous to or adjoining a utility airport, no structures or equipment may be 298 located in such a manner that any portion of a structure or piece of equipment projects into the 299 runway clear zone or approach surfaces. 300 301 B. For all lands contiguous to or adjoining Lilly Lake and the Kodiak Municipal Airport, no 302 structures or equipment may be located in such a manner that any portion of a structure or 303 piece of equipment projects into the approach surfaces or the clear zone. 304 305 17.145.030 Commercial use of communications towers. 306 This chapter,except 17.145.010 and 17.145.020,applies to any communicationstowers 307 dedicated to commercial or public use as either primary or accessory structures and uses. 308 309 17.145.040 Exemptions. 310 The following structures are exempt from the regulations of this chapter: 311 312 A. Facilities owned by or maintained for the use of the United States military; 313 B. Facilities constructed for private use; and Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 7 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 50 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 314 C.Temporary structures that will stand for no more than 30 days. 315 316 17.145.050 Communications towers as conditional uses. 317 A. Communications towers are a conditional use in the following zoning districts: 318 319 1. Chapter 17.35 KIBC, W – Watershed District 320 2. Chapter 17.45 KIBC, NU – Natural Use District 321 3.Chapter 17.50 KIBC, C – Conservation District 322 4. Chapter 17.55 KIBC, RD – Rural Development District 323 5. Chapter 17.90 KIBC, B – Business District 324 6. Chapter 17.95 KIBC, RNC – Rural Neighborhood Commercial District 325 7. Chapter 17.100 KIBC, UNC – Urban Neighborhood Commercial District 326 8. Chapter 17.105 KIBC, I – Industrial District 327 9. Chapter 17.110 KIBC, RB – Retail Business District 328 10. Chapter 17.120 KIBC, LI – Light Industrial District 329 11. Chapter 17.130 KIBC, PL – Public Use Lands District 330 331 B. Communications towers are a prohibited use in all other zoning districts. 332 333 17.145.060 Application requirements. 334 In addition to providing the information specified in this title for conditional uses, an 335 application for a conditional use permit for the construction of a communications tower or 336 placement of a telecommunications antenna on an existing structure other than a tower or 337 antenna previously permitted must include the following information: 338 339 A. A copy of the specifications for the proposed structures and antennas, including 340 description of the design characteristics and material; 341 342 B. A site plan drawn to scale showing property boundaries, tower location, tower height, 343 guy wires and anchors, existing structures, photographs or elevation drawings depicting 344 typical design of proposed structures, parking, fences, landscaping, and existing land 345 uses on adjacent property; 346 347 C. A current map showing locations of all of the applicant’s antennas, facilities, existing 348 towers, and proposed towers within the borough; 349 350 D. Names of the owners of the tower, antennas and equipment to be located on the site; 351 352 E. Evidence that a valid FCC license for the proposed activity has been issued, if required; 353 354 F. A copyof the FAA determination as to whether the tower poses an aviation hazard, 355 including the safety lighting and marking required by FAA, if any, and whether preferences 356 or requests for deviations from such marking and lighting systems were submitted; 357 Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 8 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 51 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 358 G. A written agreement,to remove the tower and/or antenna within 180 days after the tower 359 or antenna is substantially unused for a period of 12 consecutive months; 360 361 H. A visual impact analysis that quantifies the amount of visual impact on properties 362 located within 1,000 feet of any proposed towerunder 65 feet orwithin 2,500 feet of any 363 proposed tower over 65 feet. Such analysis should include, to the extent practicable, the 364 visual impact from at least two of the four compass directions, and show the relationship 365 of the tower and its facilities against the massing of surrounding structures, trees, and 366 other intervening visual masses. This analysis will include recommendations to mitigate 367 adverse visual impacts on other properties; 368 369 I. An alternative site analysis including the availability of suitable existing towers and other 370 alternative structures or locations for the proposed tower considered by the applicant;and 371 372 J. Additional information which may be required by the community development 373 department for determination that all applicable laws are met. 374 375 17.145.070 Approval criteria. 376 Within 60 days from application, the planning and zoning commission shall approve, 377 approve with conditions or deny a permit under this section after considering all of the 378 following criteria: 379 380 A. Location and Visual Impact. The proposed communications tower, antenna or 381 accessory structure will be placed in a reasonably available location which will minimize 382 the visual impact on the surroundingarea and allow the facility to function in accordance 383 with minimum standards imposed by the applicable communications regulations and 384 applicant’s technical design requirements. Conditions may be imposed, including 385 camouflage, screening, vegetative buffersand/or site requirements, to ensure this criteria 386 is met. 387 388 B. Inability to Locate on an Existing Structure. A permit should not be issued unless a 389 proposed antenna and equipment cannot be accommodated and function as required by 390 applicable regulations andapplicant’s technical requirements without unreasonable 391 modifications on any existing structure or communications tower. 392 393 C. Necessity for Location in a Residential Neighborhood. A permit should not be issued in 394 a residential neighborhood unless the area cannot be adequately served by a facility 395 placed in a nonresidential area for valid technical reasons. Conditions may be imposed to 396 lessen the impact of a communications tower on a residential neighborhood, including 397 limitations on times for maintenance work to be performed, number of vehicles present, 398 yard maintenance, and similar requirements. 399 400 D. Design for Future Use. A new tower must be designed to accommodate additional 401 antennas equal in number to the applicant’s present and reasonably foreseeable future 402 requirements. Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 9 of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 52 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 403 404 E. Collocation. A permit shall be conditioned to require the applicant to make the tower 405 available for use by as many other licensed carriers as can be technically collocated 406 thereon when the use will not result in substantial injury to the owner, or in substantial 407 detriment to the service to the customers of the owners. All licensed carriers shall 408 cooperate with each other in collocating additional facilities upon such towers. All licensed 409 carriers shall exercise good faith in collocating with other licensed carriers and in the 410 sharing of towers, including the sharing of technical information to evaluate the feasibility 411 of collocation. 412 413 F. Illumination. A communications tower may not be illuminated unless otherwise required 414 by state or federal law or regulations or unless evidence has been presented that lighting 415 is necessary to ensure the safety of the public. To prevent direct light reflection on other 416 property, tower structure lighting shall be shielded to the extent permitted by the Federal 417 Aviation Administration. 418 419 G. Distance from Existing Tower. A permit for a proposed tower within 1,000 feet of an 420 existing tower shall not be issued unless the applicant certifies that the existing tower 421 does not meet the applicant’s structural specifications and the applicant’s technical 422 design requirements, or that a collocation agreement could not be obtained. 423 424 H. YardArea Requirements. Yards shall be a distance equal to at least 50 percent of the 425 height of the tower from a lot line. The planning and zoning commission may modify this 426 requirement if the tower and equipment will be adequately screened to mitigate its visual 427 impact and no safety hazards are presented. 428 429 I. Height. The permitted height of a proposed tower shall beno higher than technically 430 required to satisfy the specific purpose of thetowershortestand will consider the impact 431 on the surrounding uses. 432 433 J. Zoning District Standards. Nothing in this section alters the requirements for visibility, 434 fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, 435 storage, or other general zoning district regulations, except yard and height requirements, 436 of any specific zone. Yard and height requirements in this section shall apply. 437 438 K. Design Drawings and Specifications. A permit shall be conditioned to require the 439 applicant to submit design drawings and specifications stamped by a registered 440 professional in the state of Alaska certifying compliance with the building code of the 441 authority having jurisdiction. 442 443 L. Compliance with Other Laws. A proposed tower must comply with all local, state, and 444 federal laws. 445 446 M. A report from a structural engineer registered in the State of Alaska showing that the 447 tower willcontain only equipment meeting FCC rules, thetower antenna capacity by type Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 10of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 53 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING 448 and number, and a certification that the tower isdesigned to withstand winds in 449 accordance with ANSI/EIA/TIA 222 (latest revision)standards. 450 451 452 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 453 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 454 455 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 456 THIS __________ DAY OF _______________, 2017. 457 458 KODIAK ISLAND BOROUGHATTEST: 459 460 461______________________________________________________ 462 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk 463 464 VOTES: 465 Ayes: 466 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2018-XX Deletion – Red, StrikeoutPage 11of 11 Insertion – Bold, Blue, UnderlinedVersion 1 Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 54 of 111 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C JANUARY 24, 2018 P&Z REGULAR MEETING Case No. 18-011 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 55 of 111 AGENDA ITEM #13.C.1. 6. Granting the requested variance would not result in a prohibited land use in the R1- Single-family Residential District. COMMISSIONER YOUNG MOVED to postpone Case 17-027 to the June 20, 2018 P&Z regular meeting. Daniel Mckenna-Foster gave a brief staff report. Open public hearing: None Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 18-011. Request an ordinance of the Kodiak Island Borough amending various sections of Title 17 (Zoning) to provide for additional regulation of communications towers. The applicant is the Kodiak Island Borough. The location is borough-wide, and the zoning is N/A. COMMISSIONER ALTENHOF MOVED to recommend that the Assembly of the Kodiak Island Borough adopt the ordinance amending various sections of Title 17 KIBC (Zoning) to provide for regulation of communications towers and adopt the findings of fact in the staff report dated January 10, 2018 for Case No. 18-011. Mckenna-Foster gave a brief staff report. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. Title 17 of the Kodiak Island Borough Code currently has no regulations that specifically address communications towers or infrastructure. 2. An ordinance regulating communications towers and infrastructure will clarify processes for applicants, property owners, and the public. 3. This ordinance is consistent with land use goals and implementation actions identified in the 2008 Comprehensive Plan. 4. The Planning and Zoning Commission recommends that the Borough Assembly adopt this ordinance. ROLL CALL VOTE ON MOTION D. CASE 18-012. Request Kodiak Island Borough Planning and Zoning Commission Resolution No. FY2018-04 recommending that the Borough Assembly initiate an update of the adopted Parks and Recreation Comprehensive Plan by the Borough Parks and Recreation Committee. The applicant is the Kodiak Island Borough. The location is borough-wide, and the zoning is N/A. COMMISSIONER TOWNSEND MOVED to adopt P&Z Resolution 2018-04 and recommend that the Assembly of the Kodiak Island Borough approve a resolution authorizing the Parks and Recreation Committee to move forward with an update to the Kodiak Island Borough Comprehensive Parks and Recreation Plan that was adopted Kodiak Island Borough Planning & Zoning Commission Minutes January 24, 2018 Page 3 Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 56 of 111 AGENDA ITEM #13.C.1. Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide... Page 57 of 111 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 22, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits ORIGINATOR: Daniel Rohrer RECOMMENDATION: Move to advance Ordinance No. FY2018-18 to public hearing at the next regular meeting of the Assembly. DISCUSSION: Borough code reflects that the Borough Mayor and Assembly members may be included in the Borough health and life insurance plan. The Mayor and Assembly have not received coverage under the Borough health and life insurance plan for many years. Under the Electrical Trust Fund (AETF), medical insurance benefits only extend to its full-time employees defined as those working 120 hours or more per month. Ordinance No. FY2018-18 is intended to correct borough code to reflect the current agreement. The insurance participation is mandatory-- you cannot opt out of it. The coverage for assembly members would be the same. If one member wants coverage, all members would be obligated to participate. ALTERNATIVES: Direct staff to begin negotiations with the IBEW to create a special agreement to cover non-full time employees. FISCAL IMPACT: Management would have to check with the Alaska Electrical Trust Fund IF the agreement to include elected officials is even possible. Below would be the cost to elected officials IF they could be included in our current plan. Currently, the monthly premium for medical insurance is $1,945 per person, which is $23,340 per year AND EVERYONE has to participate. Premium adjustments occur in April. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personn... Page 58 of 111 AGENDA ITEM #13.C.2. 1 Introduced by: Mayor Rohrer 2 Drafted by: Borough Clerk 3 Introduced on: 03/01/2018 4 Public Hearing Date: 03/22/2018 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 KIBC TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.20 BOROUGH MAYOR, 12 SECTION 2.20.070 MISCELLANEOUS AND CHAPTER 2.30 RULES OF THE ASSEMBLY, 13 SECTION 30.100 MISCELLANEOUS TO REVISE THE MAYOR AND ASSEMBLY MEMBER 14 INSURANCE BENEFITS 15 16 WHEREAS, the Kodiak Island Borough Code of Ordinances currently reflects that the Mayor 17 and Assembly members may be included in the Borough health and life insurance plan; and 18 19 WHEREAS, for many years, the Mayor and Assembly have not received coverage under the 20 Borough health and life insurance plan; and 21 22 WHEREAS, under the Kodiak Island Boroughcurrent special agreement with the Alaska 23 Electrical Trust Fund (AETF), medical insurance benefits only extend to its full-time employees 24 defined as those working 120 hours or more per month; and 25 26 WHEREAS, it is necessary to amend the code and reflect what is in place. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 32 Kodiak Island Borough Code of Ordinances. 33 34 Section 3: That KIBC Section 2.20.070 (A) of the Kodiak Island Borough Code of Ordinances is 35 amended to read as follows: 36 37 2.20.070 Miscellaneous. 38 39 A. Compensation and Expenses. 40 41 1. The mayor may be included in 42 the borough health and life insurance plan. 43 Kodiak Island Borough, Alaska Ordinance No. FY2018-18 Deletion Red, Strikeout Page 1 of 2 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personn... Page 59 of 111 AGENDA ITEM #13.C.2. 44 2. Expenses of the mayor, other than transportation and per diem for approved travel, 45 incurred because of borough activities may be reimbursed by the borough only after 46 approval by the assembly. 47 48 Section 3: That KIBC Section 2.30.100 (E) of the Kodiak Island Borough Code of Ordinances is 49 amended to read as follows: 50 51 E. Compensation and Expenses. 52 53 1. Assembly members compensation shall receive be $300.00 per month. Assembly 54 members may be included in the borough health and life insurance plan. 55 56 2. Expenses of assembly members, other than transportation and per diem for approved 57 travel, incurred because of borough activities may be reimbursed by the borough only after 58 approval by the assembly. 59 60 Effective Date: This ordinance takes effect upon adoption. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS __________ DAY OF _______________, 2018. 64 65 KODIAK ISLAND BOROUGH ATTEST: 66 67 68 ___________________________ ___________________________ 69 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 70 71 VOTES: 72 Ayes: 73 Noes Kodiak Island Borough, Alaska Ordinance No. FY2018-18 Deletion Red, Strikeout Page 2 of 2 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personn... Page 60 of 111 AGENDA ITEM #13.C.2. From:Amy Geer \[mailto:ageer@kodiakak.us\] Sent:Friday, August 11, 2017 3:08 PM To:Patti Janusiewicz Subject:coverage Patti, Per our discussion I’m writing concerning health insurance coverage for our Mayor and Assembly members. Our code states that they may be included in the Borough health and life insurance plan. In reading our Special Agreement with AETF, I’m not sure they fall under the definition of personnel, as it pertains to our making contributions for non-bargaining unit personnel. So my question is, can they be covered by our health and life insurance plan? Thanks for your help. From:Linda Josephson \[mailto:LindaJ@mrbclaw.com\] Sent:Wednesday, September 06, 2017 1:38 PM To:Amy Geer Cc:Kim Stephens (kim_s@aetf.com); Patti Janusiewicz (Patti_J@Aetf.Com) Subject:RE: coverage Amy, I apologize for the lateness of my response. Under the current terms of the Special Agreement, I don’t believe that they would be covered since the Borough has chosen to extend benefits to its full-time employees, defined in the agreement as those working 120 or more hours a month. This is one of two options in the Special Agreement – the other is to cover “all personnel,” which includes full-time, part-time, seasonal and temporary employees. Arguably if the Borough were to amend its Special Agreement to choose this eligibility , they may be included. To make it perfectly clear, it may be advisable to create an individualized special agreement. Linda Linda Josephson Attorney at Law McKenzie Rothwell Barlow & Coughran, P.S. 1325 Fourth Avenue, Suite 910 Seattle, WA98101 Direct Phone:(206) 674-5219 Fax:(206) 224-9820 From:Michael Powers Sent:Wednesday, September 06, 2017 3:17 PM To:Nova Javier; Dora Cross Subject:RE: health insurance coverage for assembly members Greetings: Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personn... Page 61 of 111 AGENDA ITEM #13.C.2. Does the assembly want to be covered? If so, have we budgeted for it? Can we do a specialized agreement? From:Dora Cross Sent:Wednesday, September 06, 2017 3:37 PM To:Michael Powers; Nova Javier Subject:RE: health insurance coverage for assembly members If I understanding IBEW’s attorney correctly, we would have to negotiate another special agreement with IBEW in order to include anyone not currently eligible, which means anyone not working full time. If I understand Nova’s original question, with new members coming on board, she gets asked about health insurance because that option is listed for them in our code. However, that option does not exist with our current health insurance carrier like it did previously. As I see it, Nova has three choices: 1.Do nothing and let the problem exist in our code 2.Fix the code to reflect the fact our health insurance carrier will not include non-full time employees 3.Begin negotiations with IBEW to create a special agreement to cover non-full time employees Dora Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personn... Page 62 of 111 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 1, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Possible State Capital Budget Opportunity. ORIGINATOR: Meagan Christiansen RECOMMENDATION: UPDATE: Recommend the Peterson Roof Replacement Project be forwarded to the State for consideration should a capital budget opportunity arise. Decide whether to submit a project for inclusion in a possible state bond package or not. DISCUSSION: Review and discuss possible action regarding 12/21/17 email (attached) from state lobbyist Mark Hickey regarding the submission of a project for a possible capital budget opportunity. If it is decided to submit a project, decide which project shall be submitted. UPDATE: A school facility item has been identified per the Assembly's request. This project is the replacement of the Peterson Elementary School roof. It is anticipated that we can re-direct excess funds from the $10m bond issuance for school facility projects to this new item and use those funds as a 30% match to the state should a bond package move forward at the state level. Information regarding the project is attached. ALTERNATIVES: choose one project of community importance to submit for inclusion in a possible state bond package. no action/do not submit a project for inclusion in a possible state bond package. FISCAL IMPACT: not yet determined OTHER INFORMATION: Kodiak Island Borough Possible State Capital Budget Opportunity. Page 63 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 64 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 1: Budget Overview Highlights -$818.8 million – Permanent fund dividend ($1,216) -$34 million – Public Safety Action Plan (20 more positions) o$4.8 million for more troopers and prosecutors o$18 million for substance abuse treatment o$10.5 million to address the growing prison population o$500 thousand for public defenders -$691 million – Medicaid (Up $27.2 million. Enrollment up 34 percent since FY 2015) In FY 2015, Medicaid covered 163,388 people. In FY2017, 218,385 enrolled In FY 2019, expecting more than 225,000 to be enrolled. -$245.5 million – Payment for unfunded retirement liabilities (up $82 million) -$1.26 billion – Education (maintains current student base allocation) -$150 million – Capital budget (covering just federal matches) Reductions and Downward Pressure The state has 2,800 fewer employees now than three years ago. The governor’s proposed FY 2019 budget has 217 fewer budgeted positions than the FY 2018 budget the legislature passed. The governor’s FY 2019 budget has 2,127 fewer positions than in FY 2015. Efficiency measures are expected to reduce another 200 positions over the next several years. Is the budget up or down? Using the methodology proposed by the Budget Transparency Report, which accounts for use of general fund offsets, fund reclassifications, reappropriations, and supplementals, the fiscal year 2019 budget is $4.7 billion, down from fiscal year 2018’s $4.8 billion. Agency operating budgets increased by less than 1 percent (below the rate of inflation). This was driven by the investment in public safety of $34.0 million, a prison population that grew higher than anticipated, and increased formula costs for Medicaid of $27.2 million. These increases were offset by continued reductions in executive branch agencies. Permanent fund dividend spending increased 7.7 percent—from $760 million last year. Capital budget spending decreased 39 percent from last year. In total, state spending will be down by 1.7 percent. Possible State Capital Budget Opportunity. Page 65 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 2: Alaska Economic Recovery Plan Overview Alaska’s Economic Recovery Plan puts Alaskans to work, addresses critical infrastructure concerns, and restores confidence to Alaska businesses and investors. The Governor’s deferred maintenance capital package injects $1.4 billion of economic activity through construction projects across Alaska. Rather than add new debts to our balance sheet, this plan reduces our existing liability by focusing on the growing deferred maintenance obligation at the state and local level. Jump-starting Alaska’s economy through this three-phase plan depends on our willingness to invest in Alaska’s future by implementing a limited broad-based tax. This three-phase capital package, funded by $800 million from three fiscal years of a 1.5% payroll deduction, sunsets in fiscal year 2021. The phased approach is shown below. Project Phased Distribution FY2019FY2020FY2021 Total K-12 School Maintenance$70$65$55$190 University of AK Maintenance$70$65$55$190 State Maintenance$50$47$46$143 Critical Infrastructure Upgrades$47$57$58$162 Community and Housing Support$43$36$36$115 State Investment$280$270$250$800 Payroll Tax Revenue$160$320$320$800 dollars in millions Appropriations The Alaska Economic Recovery Act, submitted to the legislature as part of this budget proposal, includes appropriations totaling $280 million in FY2019. Followed with appropriation bills of $270 million and $250 million for FY2020 and FY2021, respectively. Over that same period, the estimated revenue from the payroll deduction will total $800 million and will go to fund the capital program. These infrastructure investments will leverage federal and local monies on top of state funds, amounting to a total of $1.4 billion in economic activity. Estimated Economic Impact State FederalLocal Total K-12 School Maintenance$190$0$50$240 University of AK Maintenance$190$25$25$240 State Maintenance$143$10$0$153 Critical Infrastructure Upgrades$162$200$100$462 Community and Housing Support$115$60$30$205 Advancing Projects$100 Total$800$295$205$1,400 dollars in millions 1 Possible State Capital Budget Opportunity. Page 66 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 2: Alaska Economic Recovery Plan Investments: These infrastructure investments will address the University, K-12, and state facility deferred maintenance liabilities. It also provides investments in deferred maintenance for communities, a match for the Port of Anchorage, and continues the harbor matching grants, bulk fuel tank and weatherization programs. Focusing on deferred maintenance projects gets work started now – not in a decade after years of studies. Investing in deferred maintenance reduces future liability and conveys Alaska’s willingness to take care of its own assets without increasing future costs. The table below provides the listing of the phased distribution by appropriation. The fiscal year 2019 appropriations included in the Alaska Economic Recovery Act represent phase one. Estimated Economic Impact Investment Category FY19FY20FY21 State Federal Local Total K-12 Major Maintenance Grant Fund (AS 14.11.007) $70.0$65.0$55.0$190.0$0.0$50.0$240.0 UA Deferred Maintenance, Renovation, Repair and Equipment $70.0$65.0$55.0$190.0$25.0$25.0$240.0 State Deferred Maintenance, Renovation, Repair and Equipment$50.0$47.0$46.0$143.0$10.0$0.0$153.0 Agency Deferred Maintenance, Renovation, Equipment$40.0$40.0$38.0$118.0$10.0$0.0$128.0 Pioneer Home Renovations and Repair$2.0$2.0$2.0$6.0$0.0$0.0$6.0 Statewide Contaminated Sites Cleanup$1.0$1.0$2.0$0.0$0.0$2.0 Courts Deferred Maintenance, Renovation, Equipment$3.0$1.0$1.0$5.0$0.0$0.0$5.0 Legislative Renovation, Projects, and Technology $4.0$4.0$4.0$12.0$0.0$0.0$12.0 Critical Infrastructure Repair and Upgrade$47.0$57.0$58.0$162.0$200.0$100.0$462.0 Port of Anchorage Phase 1 requires Municipal Match$40.0$0.0$0.0$40.0$0.0$67.0$107.0 Highway Match to Maximize Available Federal Funds$7.0$4.0$6.0$17.0$170.0$0.0$187.0 Future Maintenance Priorities $53.0$52.0$105.0$30.0$33.0$168.0 Community Needs and Housing Investments $43.0$36.0$36.0$115.0$60.0$30.0$205.0 Municipal Harbor Facility Grant Fund Projects $10.0$10.0$10.0$30.0$0.0$30.0$60.0 Alaska Energy Authority - Bulk Fuel Upgrades $5.0$5.5$5.5$16.0$40.0$0.0$56.0 Emergency Medical Services Match for Code Blue$1.0$0.5$0.5$2.0$0.0$0.0$2.0 Weatherization Program $15.0$10.0$10.0$35.0$8.0$0.0$43.0 Housing Facility Maintenance Program (AHFC)$7.0$5.0$5.0$17.0$12.0$0.0$29.0 Supplemental Housing Development Program $3.0$3.0$3.0$9.0$0.0$0.0$9.0 Senior Citizens Housing Development Program $2.0$2.0$2.0$6.0$0.0$0.0$6.0 Advancing Existing Projects Restart Paused Road Projects $100.0 Total$280.0$270.0$250.0$800.0$295.0$205.0$1,400.0 2 Possible State Capital Budget Opportunity. Page 67 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 2: Alaska Economic Recovery Plan The deferred maintenance projects included in the plan will impact more than 60 communities statewide. More information on the deferred maintenance project listings or additional project information for the FY19 Alaska Economic Recovery Act appropriations can be found online at OMB FY2019 Budget: Alaska Economic Recovery Plan Overview. K-12 Major Maintenance Grant Fund (AS 14.11.007) UA Deferred Maintenance, Renovation, Repair and Equipment State Deferred Maintenance, Renovation, Repair and Equipment -Agency Deferred Maintenance, Renovation, Equipment -Pioneer Home Renovations and Repair -Statewide Contaminated Sites Cleanup -Courts Deferred Maintenance, Renovation, Equipment -Legislative Renovation, Projects, and Technology Critical Infrastructure Repair and Upgrade -Port of Anchorage Phase-One (requires municipal match) -Highway Match to Maximize Available Federal Funds Community Needs and Housing Investments -Municipal Harbor Facility Grant Fund Projects -Alaska Energy Authority - Bulk Fuel Upgrades -Emergency Medical Services Match for Code Blue -Weatherization Program -Housing Facility Maintenance Program (AHFC) -Supplemental Housing Development Program -Senior Citizens Housing Development Program 3 Possible State Capital Budget Opportunity. Page 68 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 2: Alaska Economic Recovery Plan Funding Mechanism Under Governor Walker’s Alaska Economic Recovery Plan, a payroll deduction—collected over three years—would generate $800 million, which projects to create well over 1,000 jobs for Alaskans. According to ISER, each $100 million spent on capital projects generates more than 750 jobs. The limited payroll tax proposal for funding the Alaska Economic Recovery Act is structured as the proposal Governor Walker introduced in September for the fourth special legislative session, except that it will be earmarked solely to fund the deferred maintenance projects described above. The proposal taxes 1.5 percent of wages earned by Alaskans and non-resident workers, capped at $2,200 or twice the previous year’s permanent fund dividend amount—whichever is higher. For example, a person who earned $50,000 would pay $750 in payroll tax and receive a PFD. About fifteen percent of the revenue collected from the tax is projected to come from non-resident workers, who in 2015 earned more than $2.7 billion. Under this proposal, Alaskans would pay the lowest taxes on a nationwide basis. (For more information, see: OMB FY2019 Budget: Limited Payroll Deduction Tax Bill Summary) Example from October, 2017 Oil Tax Credit Payment Proposal: Following the Legislature’s passage of HB111, ending the flawed cash credit program, Governor Walker asked the Department of Revenue to further explore options for expediting payment of outstanding oil and gas exploration tax credits. As part of the Alaska Economic Recovery Plan, we propose to pay off the remainder of our outstanding future-obligations to independent oil and gas exploration companies at a modest discount rate in fiscal year 2019. To fund payment of these outstanding credits, the state will issue bonds. The credit holders will be paid at a discount that covers the cost of borrowing. By paying these obligations, at no additional expense to the state or burden on the treasury, we’ll put this chapter behind us and help give small operators confidence to in Alaska. (For more information, see: OMB FY2019 Budget: Tax Credit Certificates Bond Financing Program Summary) 4 Possible State Capital Budget Opportunity. Page 69 of 111 AGENDA ITEM #13.D.1. FY2019 Budget – Press Packet Section 3: Budget Reform Alaska’s budget process is broken… In recent years, budget gridlock has cost the state millions in legislative overtime, devalued the citizens’ mandate for a 90-day session, and put the state on the brink of government shutdown. Due to budget gridlock, Alaska now takes the most time to produce the least legislation at the highest per capita costs of any Legislature in the country. Many Alaskans believe we cannot fix our fiscal problem without first fixing our broken budget process. This legislation adds consequences, through loss of pay and per diem, if the Governor or the Legislature fail to complete their budget work by statutory deadlines. This legislation also makes Alaska’s budget process biennial, simultaneously reducing costs to the state and uncertainty for Alaskans. In tandem, the plan seeks to improve budget transparency. Consequences for Failure: First, this legislation requires the Legislature to pass a budget by the 90-day deadline set by Alaskans in 2006. Otherwise, beginning on day 91 of the legislative session, legislators would forfeit per diem and have salary withheld until budget passage. Likewise, if the Governor failed to publish a budget by December 15, he/she would receive no salary for each overdue day. Failure to finish budget work on time hurts Alaskans. School districts lose any certainty over their budgets and are forced to send pink slips to teachers. State agencies must send layoff notices to employees. Fisheries openings, ferry schedules, and project permitting are all thrown into chaos. This 1 plan creates consequences and removes de facto incentives for inaction. A Biennial Budget: This plan establishes a biennial rather than annual budget. The Governor would introduce a complete budget prior to the start of each legislature to fund the next two fiscal years. The Legislature would pass two budgets for the next two years by day 90 of the first session. While the Legislature could still review policy legislation, its primary focus during its first session would be the budgets. During its second session, the Legislature would be able to focus on policy bills with far less time devoted to supplemental spending and budget amendments. A biennial budget would increase legislative efficiency, avoid weaponizing the budget in election years, reduce economic uncertainty, shift staff time from budget preparation to financial management, and 2 enable longer-range fiscal planning for state and local government. Budget Transparency: In tandem with the above legislation, the Administration will work with the Legislative Budget and Audit Committee to produce the Alaska Budget Transparency Report, to better assist the public in understanding the trend of state spending over time. Past years have seen use of strategies that artificially reduce general fund spending. Clearly accounting for these strategies is essential to enable an accurate public understanding of state spending over time. See OMB: FY2019 Budget Transparency Report. 1 California is one example that shows the effectiveness of this approach. Voters in California, disgusted by legislative gridlock, approved an initiative (Proposition 25) requiring its legislature to pass a budget on time or forfeit pay for each day of delay. The results speak for themselves. From 1 980 to 2010, twenty-five budgets passed late. In 2008, the budget was 100 days late. In 2011, the first year under Proposition 25, the budget was passed 12 days late, and on time every year since. 2 This is not a partisan issue. At the federal level, congressional leaders from both sides, including Speaker of the House Paul Ryan (R-WI), support moving the federal budget from annual to biennial. Possible State Capital Budget Opportunity. Page 70 of 111 AGENDA ITEM #13.D.1. Kodiak Island Borough Peterson Roof Replacement and Repairs 2/13/2018 Peterson Elementary roof project has been on our Renewal and Replacement list for a few years now. Peterson Elementary roof was installed in stages the newest portion being at least 25 years of age now. There are now multiple issues with the roof not only with the membrane but the expansion joints between the sections as they were constructed. The entire roof is 39,000 square feet this coupled with the small parapet walls comes to approx. 42,000 square feet of membrane need to be replace. Attached is in independent report of Peterson roofs condition and issues. A budget has been put together using the Alaska Department of Education Cost models for schools. Photos are also attached showing some of the issues with this roof. Possible State Capital Budget Opportunity. Page 71 of 111 AGENDA ITEM #13.D.1. Kodiak Island Borough Peterson Roof Replacement and Repairs 2/13/2018 Possible State Capital Budget Opportunity. Page 72 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 73 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 74 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 75 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 76 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 77 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 78 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 79 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 80 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 81 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 82 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 83 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 84 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 85 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 86 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 87 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 88 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 89 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 90 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 91 of 111 AGENDA ITEM #13.D.1. Possible State Capital Budget Opportunity. Page 92 of 111 AGENDA ITEM #13.D.1. 1 Introduced by:Borough Manager 2 Drafted by:Special Projects Support 3 Introduced on:11/02/2017 4 Adopted on:11/02/2017 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTIONNO. FY2018-16 8 9 ARESOLUTIONOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHADOPTING A 10 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTSPRIORITY LIST FOR THE 11 2018LEGISLATIVE SESSION 12 13 WHEREAS,the Kodiak Island Borough represents approximately 14,000 residents of the 14 Kodiak Island Archipelago living in six incorporated cities and one community governed by a 15 tribal council government; and 16 17 WHEREAS,a Borough–wide capital improvement program has been adopted by the Kodiak 18 Island Borough Planning & Zoning Commissionwhichidentifies major needs of the island 19 community for the next five years; and 20 21 WHEREAS,the Kodiak Island Borough Assembly has reviewed the borough-wide capital 22 improvement program adopted by the Planning & Zoning Commission and identified major 23 projects to submit to the Alaska Governor and State Legislative Delegation for funding 24 consideration; and 25 26 NOW, THEREFORE, BE IT RESOLVEDBY THE ASSEMBLY OFTHE KODIAK ISLAND 27 BOROUGHTHAT: 28 29 Section 1:The Kodiak Island Borough’s State Legislative capital improvement project 30 priorities forthe 2018legislative session are as follows: 31 32 1.Safe Pedestrian Access to Kodiak Schools 33 Estimated Project Cost$1,300,000 34 State Funding Request$1,300,000 35 36 Poor visibility of crosswalks in school zones is a safety hazard! Local weather and traffic 37 degradethe paint on crosswalks; and pedestrians waiting to cross are often difficult to see 38 due to the long season of dark days, inclement weather, and busy traffic at popular 39 intersections. 40 41 Rezanof Drive is a state owned roadway and is the main road through the City of Kodiak. 42 Pedestrians needing to cross this road to access schools that include Kodiak Middle School, 43 Main Elementary School, East Elementary School and Kodiak College must wait for a break 44 in traffic or for motorists to notice their intent to cross and stop to allow the crossing. The 45 Kodiak Island Borough is requesting funding for AKDOT to purchase and install lighted Kodiak Island Borough, AlaskaResolutionNo. FY2018-16 Page 1of 4 Possible State Capital Budget Opportunity. Page 93 of 111 AGENDA ITEM #13.D.1. 46 automated crosswalks at intersections of Rezanof Drive and Powell Street, and Rezanof 47 Drive and Benny Benson Street to increase pedestrian safety near schools located along 48 Rezanof Drive. 49 50 2.Safe Pathways to North Star Elementary School 51 Estimated Project Cost$1,500,000 52 State Funding Request$1,500,000 53 54 NorthstarElementary School is located on a hill amongst several residential neighborhoods. 55 Many roads connecting the neighborhoods around the school are narrow, steep, and 56 winding dirt roads without sidewalks or separated pathways to keep pedestrians safe from 57 vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) describes a need for 58 separated pathways or trails to connect the residential neighborhoods to the school. This 59 project would provide separated gravel pedestrian pathwaysalong Lily Drive and Anton 60 Way. 61 62 3.East Elementary Traffic Flow Improvements 63 Estimated Project Cost$2,000,000 64 State Funding Request$2,000,000 65 66 There is a safety issue in the East Elementary School parking lot. The school was 67 constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 square 68 feet with twenty-five teaching stations. Since the expansion, increased traffic flows have 69 created dangerous vehicle/student hazards when students are entering and leaving school. 70 Reconfiguration of the parking area will reduce risks by providing for a safer separation of 71 pedestrians, small vehicle traffic and bus loading/unloading. The project will require an 72 increase in the total area of the parking lot by expanding into neighboring Borough-owned 73 land to allow adequate parking to support increased building usage and occupant load. 74 75 4.Drainage Improvements to the Chiniak Highway at Sargent Creek 76 Estimated Project Cost$150,000 77 State Funding Request$150,000 78 79 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge 80 from its channel.This causes flooding at the intersection of the Chiniak Highway and 81 Sargent Creek Road. Recent heavy rain events have necessitated intermittent closure of 82 the intersection due to water on the roadway deep enough to disable vehicle engines. This 83 intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring 84 here impedes safe travel and often leaves motorists stranded and unable to reach homes or 85 critical services located in town. 86 87 This request is to provide the DOT in Kodiak funding to construct spot improvements for 88 bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its 89 channel and stop the flooding of the roadway. 90 91 5.Cityof Akhiok Power Transmission Line Replacement 92 Estimated Project Cost$65,000 93 State funding request:$65,000 Kodiak Island Borough, AlaskaResolutionNo. FY2018-16 Page 2of 4 Possible State Capital Budget Opportunity. Page 94 of 111 AGENDA ITEM #13.D.1. 94 95 The schoolin the community of Akhiokis not only the education centerbut also the hub of 96 this small community.The main power distribution line from the school’s transformertothe 97 Cityof Akhiok’smain power grid has failed.Thisdistribution line is a 750 foot run of 1/0 98 direct buried concentric exposed neutral line from the main grid to the transformer.The line 99 has been temporarily repaired but could failagain in another area at any time due to its age 100 and condition. The City has received rough estimated prices for replacement of the line to 101 be$50,000 to $60,000, not includingtransportation,lodging,or equipment rentalfor the 102 repaircrew to the village. When this transmission line failsagain the school will be forced to 103 supply power through their onsitestand-by generators. If the School is required to do this 104 they will have to usethe only fuel they have for heating torun thegenerators full time. If 105 they were to have to do this in the winter they would need to fly fuel into the village at acost 106 of over $8 a gallon. 107 108 The Kodiak Island Borough is requesting funding assistance to the City of Akhiokto replace 109 the power transmission line to the school in order to continue essential power service at a 110 reasonable price to the community. 111 112 6.Service Area Road Improvements and Paving 113 Estimated Project Cost$7,500,000 114 State Funding Request$7,500,000 115 116 This project addresses the on-going need to improve portions of Borough Service Area 117 roads. There are approximately 26 miles of road among four Road Service Areas that 118 connect residential neighborhoods with the greater Kodiak community. Paving projects will 119 address main thoroughfares or busy neighborhood roads. Improvements to major drainage 120 courses, installation of guard rails, and other identified road improvement needs may also 121 be addressed with this funding. Local contributions to road improvements maybe funded 122 through local improvement districts where those in the district are taxed a proportion of the 123 project cost.Priorities will be given based on recommendations made by the elected service 124 area boards. 125 126 Current priorities include milling and repaving Bells Flats Road, and raising the entrance to 127 Sargent Creek Road along with installing a discharge culvert to avoid problematic flooding at 128 the intersection of this road with the Chiniak Highway in the Womens Bay Road Service 129 Area. Priorities in (Road) Service Area No. 1 include replacement of corroding corrugated 130 metal culverts along Puffin Way and Sean Circle with high density polyethylene culverts; 131 prep and paving of Woodland Acres roads; prep and paving of Lily Drive to Balika Lane, 132 Balika Lane, Ed’s Way and Eider Street. 133 134 7.Monashka Bay Water and Sewer ProjectPhase I: Feasibility & Assessment Survey 135 Estimated Project Cost$500,000 136 State Funding Request$500,000 137 138 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 139 and public water utilities in the Monashka Bay area. The soil and topography in this area 140 are not ideal for septic systems and many are failing.The construction of awastewater 141 treatment facility at the Kodiak landfill provides an option for future expansion that could 142 include sanitary sewer treatment for the residents of this area. Water in this neighborhood is 143 provided by wells, cisterns and frequently by tank froma distant public source. Water quality 144 and quantity are questionable in the Monashka Bay neighborhood. Extension of water Kodiak Island Borough, AlaskaResolutionNo. FY2018-16 Page 3of 4 Possible State Capital Budget Opportunity. Page 95 of 111 AGENDA ITEM #13.D.1. 145 service from the City of Kodiak will be needed. A feasibility study, planning and design is the 146 first step in providing water and sewer services to the residents of the Monashka Bay area. 147 148 149 8.Anton Larsen Bay Road Extension to Ice Free Water 150 Estimated Project Cost$8,450,000 151 Funding Acquired450,000 152 State FundingRequest$8,000,000 153 154 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 155 access to communities located in the Kupreanof Strait as well as those who use the island’s 156 west side for commercial and recreational purposes. Many times during the yeartravel by 157 vessel to and fromKodiak is treacherous. Extending the road to ice free waters makes 158 traveling safer, andprovides safer access to critical services located in the City of Kodiak 159 including hospitals and businesses. This route was identified in the Kodiak Transportation 160 Plan as an important upland facility. 161 162 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 163(SIDCO) received a $450,000 legislative grant for planning and design to construct two 164 miles of gravel road extending the Anton Larsen Road and to construct a parking area and 165 boat launch ramp at the road’s termination, a beach near Crag Point. 166 167 Funding is requested to the Department of Transportation and Public Facilitiesfor 168 construction of this road as it is an extension of an existing state roadway. The land owner, 169 Ouzinkie Native Corporation, has agreed to donate ownership of the road right-of-way to the 170 State when construction funding is obtained. 171 172 173 174 Section 2:The Kodiak Island Borough administration is hereby instructed to advise our 175 State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects 176 Priority List adopted by the Kodiak Island Borough Assembly. 177 178 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 179 THIS SECONDDAY OF NOVEMBER, 2017. 180 181 182 183 UNANIMOUS VOTE: 184 Ayes: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele Kodiak Island Borough, AlaskaResolutionNo. FY2018-16 Page 4of 4 Possible State Capital Budget Opportunity. Page 96 of 111 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 1, 2018 ASSEMBLY REGULAR MEETING SUBJECT: Letter Regarding The National Weather Service Budget Cuts Resulting In Closure Of The Weather Service Office In Kodiak. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to authorize the Mayor to send a letter to Senator Sullivan regarding continued cuts to the National Weather Service resulting closure of the Weather Service Office in Kodiak. DISCUSSION: The Clerk's office received a letter from the National Weather Service Employees Organization notifying the Borough that the National Weather Service (NWS) is considering pulling crucial services from rural Alaska. Cuts to services have already occurred, with further cuts and eventual closure being proposed for Kodiak. The Assembly wishes to address the proposed closure. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 97 of 111 AGENDA ITEM #13.D.2. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 March 1, 2018 Senator Dan Sullivan 702 Hart Senate Office Building Washington, CD 20510 Dear Senator Sullivan, The Kodiak Island Borough is greatly concerned about the continued cuts to the National Weather Service’s (NWS) and the resulting closure of the Weather Service Office (WSO) in Kodiak, Alaska. Accurate weather reporting and forecasting is critical to all aspects of life in Alaska and especiallyin Kodiak with our extensive fishing fleet. The WSO in Kodiak has been critical in providing accurate localized information to our mariners, our aviators, our contractors, and our citizens. It is our understanding that the WSO in Kodiak will effectivelybe closed and all-weather forecasting for the Kodiak area will be conducted out of a centralized location on the mainland. We understand that some level of forecasting could be done remotely but we are gravely concerned about the inability to respond to the local situation.Kodiak’s weather, like much of Alaska, is infamous for changing at a moment’s notice, and our local WSOs is the eyes, ears, and voice of the NWS in Kodiak, as they are throughout Rural Alaska. Beginning in 2009, the NWS began reducing hours and services at WSOs statewide.In Kodiak that meant a reduction in the number of full time employees, which resulted in the WSO being staffed for fewer hours.Over time the Kodiak WSO has lost the ability for our mariners and aviators to call in via VHF Radio to receive weather updates, additionally they no longer cancall Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 98 of 111 AGENDA ITEM #13.D.2. Senator Sullivan March 2, 2018 Page 2 a local number and receive local expertise.Such information is crucial to the safety and well- being of our residents, particularly the aviators, the commercially fish fleet, and the myriad outdoor users of our Archipelago. The absence of a live operator in Kodiak makes us question whether the potential cost-savings really outweigh the importance of having professional personnel who understand local weather and can effectively relay vital information in a timely and efficient manner to the public.Until recently, the local WSO was receiving as many as 500 marine briefings per month and several hundred public weather calls, but in the future if these budget cuts go through, many of the individuals calling in will simply go without much needed and potentially life-saving information. Therefore, we ask that the Congressional budget process consider the importance of accurate weather reporting and forecasting to all aspects of life here in Alaska and re-establish the WSO in Kodiak. Thank you for your consideration of this letter. Sincerely, Daniel A.Rohrer Kodiak Island Borough Mayor Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 99 of 111 AGENDA ITEM #13.D.2. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 100 of 111 AGENDA ITEM #13.D.2. toallofAlaska Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 101 of 111 AGENDA ITEM #13.D.2. January 16, 2018 Dear Senator Sullivan, My name is Jim Brader, and I am writing today as the Alaska Region Chair of the National Weather Service Employees Organization (NWSEO) about the significant reductions in staffing, services, and hours of operation that are occurring at, and being planned by, the National Weather Service (NWS) in Alaska. These reductions in staffing and degradation of services will endanger the citizens of Alaska by compromising the mission of the NWS to protect lives and property. The NWS Alaska Region recently had 12 Weather Service Offices (WSOs) that stretch across all of Bush Alaska. They were located at Annette Island (Metlakatla), Yakutat, Valdez, Kodiak, King Salmon, Cold Bay, St. Paul Island, Bethel, McGrath, Nome, Kotzebue and Barrow. These offices provided observations of weather conditions needed for aviation safety; radiosonde (Weather Balloon) observations of the atmosphere, climatological measurements of rain, snow, ice, temperatures and winds; sea surface temperatures, and sea ice observations; river height measurements, local adaptive public and marine forecasts; and most importantly provided weather forecasts and conditions to mariners, the public, and local emergency officials in Bush Alaska via telephone, VHF radio, HF radio, Alaska Marine Satellite phone, and walk in customers. WSO Kodiak provided over 1300 weather briefings to local users in some months (Attachment A). These WSOs were the eyes, ears and voice of the NWS in Bush Alaska, providing potentially life-saving weather related information to Alaska residents. Beginning in 2009 the NWS began reducing hours and services at these WSOs. Soon after the WSO supervisors were told by the NWS Alaska Region to quit doing monthly activity reports and to get rid of the old ones. It appears that the NWS did this so that they could document that there was no local services done by WSOs, and thus no service reductions to these Bush communities later on. By June of 2015 most of the WSOs were closed evenings, the local supervisors were removed, and the WSO staff were ordered to cease providing many local services they previously provided to the public. In 2016 WSO Valdez was closed permanently. Since 2016, the WSOs have had a 30% staffing shortage. Starting in August 2017, the remaining WSOs had the decades long policy of using overtime to cover vacant shifts ended, and 6 of the WSOs have been closed several days per week with no radiosondes. The NWS now plans to close all remaining Alaska in the near future. In Hawaii, which has WSOs like Alaska, the NWS is contemplating adding staff and services to its WSOs, not closing them as they are in Alaska. Why is Alaska getting the short end of the stick? Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 102 of 111 AGENDA ITEM #13.D.2. As of 2016, the NWS has already eliminated 20 positions from WSOs serving rural Alaska. The NWS has used some of these positions to improve sea ice forecasting, and to provide improved science for weather, sea ice, and coastal storm surge modelling. While improving forecasting science is laudable, it will not provide improved forecasts to rural Alaska if the remaining WSO employees are removed, as the WSOs are the eyes and ears of the Weather Service in rural Alaska. Having NWS employees at WSOs in rural areas who can inform the public of unusual conditions saves lives in rural Alaska. Thus, closing these offices down will inevitably result in more Alaskan lives lost during weather events. Jerry Steiger, the former Meteorologist in Charge (MIC) of WSO Nome is an excellent example of the these employees who will be displaced from the WSOs. Jerry worked at WSO Nome for about 25 years. Through his years of experience and knowledge of the effects of previous storm surges on local coastlines, Jerry would assist WFO Fairbanks in deciding whether to issue a Coastal Flood Warning, for what flood elevation, and for whom it would affect. Not only was Jerry a technical expert who would brief the local officials and emergency responders in Nome on the latest forecasts, but Jerry was also one of the emergency responders in Nome. People knew and trusted Jerry, and could rely on him to give the best advise possible. has been eliminated and the NWS services for Nome have degraded as a result. Alaska also has 3 Weather Forecasts Offices (WFOs) that produce forecasts for the entire state. In the lower 48, there are nearly 30 WFOs to cover an area the size of Alaska. This disparity from the lower 48 was partly compensated for by Alaska WSOs assisting the WFOs in monitoring changes in weather, water and ice conditions across Alaska, as well as the WSOs maintaining communications with Alaskans located in their vicinity. This still occurs, but has been curtailed by reduction in hours, services and equipment at the WSOs. The reduction at WSOs means that each WFO in Alaska must forecast for an areas that 10 WFOs in the lower 48 would do, which means Alaskans are not getting the same level of service as the lower 48. The WFOs have had almost no increase in staffing to make up for the reduction of hours, staffing and service at the WSOs. Instead, there has been an operational staffing (operational staff are considered emergency essential employees) shortage at Alaska WFOs of 20-30% for more than 1 year, due to positions intentionally not being filled, while the rest of the NWS has a staff shortage of 14%. Alaska is again getting shorted. The NWS plans to implement the Vaisala autolauncher (automated weather balloon launchers) over the next several years at all 13 of the sites in Alaska (11 WSOs and 2 WFOs) that launch weather balloons, but recently announced that they will not implement autolaunchers in other regions of the USA. The NWS indicated that it will close the Alaska WSOs after the autolaunchers are installed. NWSEO requested information on data availability, accuracy, and on the cost of the Vaisala autolauncher system that was previously tested at Kodiak, and at Sterling, VA., to compare it with the current manual balloon radiosonde system, but the NWS has refused to release these reports. Currently, the NWS manual radiosonde launches have a 99% success rate. The Vaisala autolauncher units have been reported by observers to have at least a 10% failure rate, meaning no data at all will be available at least 10% of the time. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 103 of 111 AGENDA ITEM #13.D.2. The NWSEO believes that implementing the Vaisala autolauncher balloon launchers without having a readily available cost-benefit analysis, and data analysis seems suspicious. NWSEO consulted with a UAF professor who manages a Vaisala autolauncher and he saides NWS want to put autolaunchers in? We have to do back up manual soundings frequently when the autolauncher fails, and the cost of the autolauncher is very high. You still need people to make these things work. The Vaisala autolaunchers cost at least $1.2 million at each installation in Alaska. This means that 33 NWS jobs at 11 locations across rural Alaska, where steady employment benefits the entire rural community, will be outsourced to a Finnish corporation at a cost of $17 million, without any data showing it will lower cost or improve service. To add insult to injury, most of these WSO employees being outsourced are military veterans. The NWS has recently implemented the Vaisala autolauncher at WSO Kodiak, and plans to do the same at all of the other WSOs in Alaska in the near future. The NWS informed NWSEO that Initially once the WSO has an operational Autosonde the staffing will be reduced to one position. It is likely that the WSOs will be closed at an undetermined time in the future. Impacts to NWS Mission Intentionally created staffing shortages at WSOs, and cancelling the policy of using overtime to cover vacant shifts, has led the NWS Alaska Region to cancel 24 upper air weather balloon soundings per week since August 2017. This is a reduction of 13% of Alaska radiosonde data, and affects forecasts when forecasters are trying to determine if there will be rain, snow, or freezing rain. It also affects the determination of occurrence of thunderstorm, strong winds, significant fire weather conditions, and the possibility of wind shear or turbulence. The lack of upper air soundings also adversely affects the output of computer weather models, and the forecasts produced in Alaska and Nationwide. The importance of these soundings is shown by the NWS Alaska Region NWS Action Plan of March 2017 quoted below: Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 104 of 111 AGENDA ITEM #13.D.2. The Alaska Region NWS Evolve plan says that increasing NWS service to rural communities is needed, but the actions taken by the NWS over the past several years is just the opposite. The Kodiak WSO, for example, previously provided up to 1000 weather briefings per month to mariners via the Satellite Alaska phone, but the NWS has discontinued this life saving service. Furthermore, the WSOs in Alaska previously provided forecasts to mariners via broadcasts on HF Radio, but the NWS discontinued this service in November 2017. WSOs provided broadcast weather briefings to local users via VHF Radio, but the NWS terminated these services in August 2017. Terminating VHF broadcasts is particularly harmful to rural locations near Barrow and Kotzebue where Native hunters use VHF extensively while hunting, and other communications do not work outside of town. NWS management has chosen to eliminate these services over the past several years without replacing them, which has reduced service to local hunter and marine users of NWS information across rural Alaska. Reducing staffing of WSOs will not allow these important services to local hunters and mariners to be resumed. WSO staff currently provide forecasts and other weather information via telephone to local customers each day in Barrow, Nome, Kodiak and the other WSO locations. Reducing the staffing, and having variable hours and days of the week of operation as the NWS proposes, will reduce service to these rural customers as they will have no idea when the local office will be open and when they can call and get their questions answered. Information available to Aviation users is being degraded. In March 2017, the NWS eliminated the airport weather duties from the WSOs. Previously, the WSO personnel augmented the Automated Surface Observing System (ASOS) airport weather report when it was missing important information such as a fog bank over the end of the runway, or when the ASOS was reporting blowing snow erroneously as freezing rain. Although the FAA took over augmentation duties, when the FAA is closed no augmentation is done, thus degrading observations at those locations. Additionally, the FAA has aircraft briefing duties which frequently do not allow them to go outside to assess things such as the precipitation type, or to measure snow or ice accumulation. This has degraded the weather available to aviation users, the public, as well as the climatological record. Reducing staffing or closing WSOs will mean that vital daily climate records at these locations will end. Since Alaska is undergoing significant climate variation, these WSOs, especially Barrow (Utqiagvik), are very important for climate researchers, as well as for state and local officials planning for future changes in Alaska. Currently, staff measure snowfall and winter time precipitation, and add remarks about other significant weather elements not accurately measured by the Automated Surface Observing System (ASOS) such rain freezing on the ground, thunderstorms, and snow on the ground creating ground blizzards. This ensures that the 100 years of climate data at these locations is maintained. Reducing staff would end this climate record, reduce information that is important to forecasting blizzards, ice storms, and to predicting the changes to come in Arctic Communities such as Barrow (Utqiagvik) (see https://www.climate.gov/news-features/blogs/beyond-data/alaskan-north-slope-climate-change- just-outran-one-our-tools-measure ). As evidence of the climate data loss that comes with WSO closures, look at the Climate Data for Valdez that ended in 2014 when staff there was reduced (see http://w2.weather.gov/climate/index.php?wfo=pafc ). Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 105 of 111 AGENDA ITEM #13.D.2. The extended staff shortages have had affects at WFOs as well. At WFO Fairbanks, where the forecast area would have 10 times the staffing if it were in the lower 48, an extended staffing shortage has led to staff working mandatory overtime, working double shifts overnight, cancelling one forecast shift per day, and to staff being less alert to rapidly changing weather. There were times this fall when coastal flooding was occurring in Norton Sound and Winter Storms were occurring from Nome to the Canadian Border, but there were no extra people to call in. In some of these warning instances, a person called in sick and there was no one to call in so the forecaster on duty had to remain overnight. This has led to reduced forecast accuracy such as missing warnings, or over forecasting events. The forecaster did not have time to analyze the reliability of the model data because they had too many other weather warnings to deal with. Additionally, WFO Fairbanks does not always have time to call local officials in every location affected by warnings, which was a job previously done by WSOs. NWSEO Suggestions on Staffing and Operations All Vacant operational positions at Alaska WSOs and WFOs be filled immediately. Vacant WSO shifts again be filled by overtime. All WSOs remain open 7 days per week. Senior WSO staff member become a community liason to improve services to the local community. The NWS will not implement the Vaisalla autolauncher at any further Alaska locations. The NWS will release the test reports and results from the Sterling, VA and Kodiak autolauncher tests, and a cost benefit study be requested from the National Academy of Science comparing the costs and maintenance of these new units with those of the traditional NWS manual radiosonde methods. Any WSO without an autolauncher will remain at current 3 person staffing. WSOs with an autolauncher will retain at least 2 staff members and the will remain open 7 days per week. This will allow continuation of local service to the WSO community, continuation of climate observations and maintaining weather watch. Recently cancelled WSO duties immediately resume, including: assisting the WFO in maintaining a daily watch over changes to the weather, Warning notification and verification, VHF and HF Radio broadcasts to the local community and mariners, daily climate observations, sea ice and ocean temperature observations, river observations, and that WSO Kodiak have the Satellite Alaska phone returned and put in use. All of these actions should be immediately reinstated so as to improve products and services to the citizens of rural Alaska. WSOs regain ability and duties to augment ASOS observations in order improve weather reporting for aviation, public briefings, and climate services. If any WSO positions are removed, the staff will be moved to a WFO. This will save the agency money by avoiding multiple staff moves, and will bring local knowledge about the WSO area to the WFO to assist in better forecasting The NWS will provide a Fire Weather Laptop with Thin Client, an AWIPS environment, and all other Fire Weather software to each WSO. This will be used for emergency response should there be a spill of some kind at the WSO locations and to assist in weather briefings to local and marine customers. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 106 of 111 AGENDA ITEM #13.D.2. Conclusion It is now clear that the NWS has been planning to close the WSOs in Bush Alaska for many years in a misguided attempt to centralize NWS operations, but losing sight of the rural customers they serve. The NWS, under the Obama administration, ordered the WSOs to reduce the support they gave to the local communities where they are located in an attempt to gradually condition local residents to having less service from the NWS. The NWSEO is asking for your support to restore the WSOs, and to restore the life-saving products and services they previously provided, which serve the citizens in rural Alaska. While the NWS plan for improving services and science is laudable, and has already occurred to some degree, it should not be done at the expense of local service in Bush Alaska. The NWS has already eliminated over 20 jobs from Bush Alaska, and further reductions will cause harm to Alaskans. The NWSEO asks you to pressure the NWS to fill all vacant operational positions immediately, and to keep the WSOs open, so that the NWS to all of Alaska. I am more than willing to meet with you or someone from your senior staff to discuss this very important issue which will affect all Alaskans. My contact information is below. Sincerely, Jim Brader, NWSEO Alaska Region Chair ( www.nwseo.org ) PO Box 74263, Fairbanks AK 99707 jimbrader@gmail.com cell 907-687-2214 Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 107 of 111 AGENDA ITEM #13.D.2. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 108 of 111 AGENDA ITEM #13.D.2. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 109 of 111 AGENDA ITEM #13.D.2. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 110 of 111 AGENDA ITEM #13.D.2. Letter Regarding The National Weather Service Budget Cuts Resulting In C... Page 111 of 111 Kodiak Island Borough Assembly Regular Meeting Guidelines March 1, 2018, 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 Sargent Major Dave Blacketer 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. Recommended motion: Move to excuse Assembly members Skinner and Symmons who are absent due to attendance of the Southwest Alaska Municipal Conference. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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. Women's History Month Proclamation —Beth Davis, KWRCC Outreach Coordinator B. Choose Respect Proclamation —Beth Davis, KWRCC Outreach Coordinator 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. Kodiak Island Borough Assembly Guidelines March 1, 2018 Page 1 10. BOROUGH MANAGER'S REPORT—Administrative Official Roberts. 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee To Move Forward With An Update To The Kodiak Island Borough Comprehensive Parks And Recreation Plan That Was Adopted January 9, 1981 (P&Z Case No. 18-012). Recommended motion: Move to adopt Resolution No. FY2018-24. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2018-29 Joint Borough and City of Kodiak Resolution Urging the Governor of the State of Alaska To Declare A Disaster and To Request the Secretary of Commerce To Declare a Commercial Fishery Failure and a Disaster for the 2018 Gulf of Alaska Pacific Cod Fishery. Recommended motion: Move to adopt Resolution No. FY2018-29. Staff Report — Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines March 1, 2018 Page 2 D. Ordinances for Introduction 1. Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). Recommended motion: Move to advance Ordinance No. FY2018-17 to public hearing at the next regular meeting of the Assembly. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits. Recommended motion: Move to advance Ordinance No. FY2018-18 to public hearing at the next regular meeting of the Assembly. Staff Report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON THE MOTION. E. Other Items 1. Possible State Capital Budget Opportunity. Recommended motion: Move that the Peterson Roof Replacement Project be forwarded to the State for consideration should a capital budget opportunity arise. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 1, 2018 Page 3 2. Letter Regarding the National Weather Service Budget Cuts Resulting in Closure of the Weather Service in Kodiak. Recommended motion: Move to authorize the Mayor to send a letter to Senator Sullivan regarding continued cuts to the National Weather Service resulting closure of the Weather Service Office in Kodiak. Staff Report—Administrative Official Roberts. Assembly discussion. ROLL CALL VOTE ON 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 special work session on March 06, 2018 in the Borough Conference Room. The next Assembly work session is scheduled on Thursday, March 8, 2018 at 6:30 p.m. followed by a special meeting at 9:30 p.m. in the School District Conference Room. The City Council and Borough Assembly will hold a Joint Work Session on March 21, 2018 at 7:30 p.m. in the School District Conference room. There is no Assembly meeting scheduled on March 15'h. The next regular meeting is scheduled on Thursday, March 22, 2018 at 6:30 p.m. in the School District Conference Room. 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 March 1, 2018 Page 4 �. W ❑ W 2 U) J J Q U J J O J m 2 W cn cnQ 2 C7 O LL O ED cl Z Q J U) W U a) CL a1 m a) t Ti •o 0 N N (L) U Q) TA EEK 9, v v N d � c o N 0 c 7 o N N 7 L un O v a w m m V N C c a`) NX d a ow0 (p O O f E.9 N d vi o Q5 E N w 7 O `o C o 7 cuQ d N a CL CU t o E m m �N E U N 0-0E CU a' E= O> y O M O Y N '— O O C'� p 0 E 0 o N -0 a) o N N T C n O p p o a 'm :Rx2 O 2 NLU Lf > 1 b 7 ` N N G� 7>_ Z 3 ° Co o >1 ca m j -i o o _-/ L)E m vi 2 d i ��s d } ]. ` v\ z Q (0 l^ 7 N E Vl p C 3 > o W -o ° LU m U) _ w! W; D O H ( m 2 CL O 2 Z� Q o N N LUE �IE T 01 0 N O N m N a) ^ a7 'O 0 C a) M UJ W L `7 z o `m o a E O �., U U y (n (n T> FQ- a O H O Z W U' Z T c W 2LU o m Oi 3 N 7 0a) •p O ca W y l L •--� p -i-LU 3° C O o T o D J N y L o Ix O U U Y n (n > Z f¢ O} ~ c o m U) ¢' � m m 0 Z �, J' 0: O O > O, o (o E } L M p 3 m > o L E E 0 C a) L m (n rL :. F- F- 9, v v N d � c o N 0 c 7 o N N 7 L un O v a w m m V N C c a`) NX d a ow0 (p O O f E.9 N d vi o Q5 E N w 7 O `o C o 7 cuQ d N a CL CU t o E m m �N E U N 0-0E CU a' E= O> y O M O Y N '— O O C'� p 0 E 0 o N -0 a) o N N T C n O p p o a 'm :Rx2 ui m t m C C 0 U W To Q) N N CD U (1) A c7 v v N �o N 0 c v a0 LO m v a N Q) N 0' a) O Q) -o -0 m C C N X O N y dw co O O io E = a0 N a� cr E CC m a Q N o N N ay 0. 5, L n N ID �y E UN o' E �E(D °No M N T N L O o GO 'cp o , E O N Q @ 0 N L O N N T 0 O O aO N MW2 O z WT � 0 L N N L V L ^ v C O T Q V O U O U Y (A cn to > F J <LLI0 0 m U) N rL O, O al 2 2 H m (J 1 N W �� WI Ui y Y U O. Q _ a� V •j c m m o N C T o m Y.J m L o U U Y v to E to coma > J, F °. O N C G Z } a a� T N W �j a } L OIi �� m N N N O7 C L � v a) t T W P•I U, !_ a p L 3 m o . E a O a o OfO0 U U Y� U > �r I� a E o m (n rL F', O E `lT+ z W' :7 x N T to Lu Z' Q. 2 a) o 07 a7 O' 3 N ✓ = c v T a) W', Y coi L L ^�' l7� 3 U �' 2 (h to > JI O' oT U m la— a w i a': ° Z J 2 O O > o LU } C co L rn a)0, E ca ^� Z i a 3 U m Y ° in a) U) >~ aE U m OF y c7 v v N �o N 0 c v a0 LO m v a N Q) N 0' a) O Q) -o -0 m C C N X O N y dw co O O io E = a0 N a� cr E CC m a Q N o N N ay 0. 5, L n N ID �y E UN o' E �E(D °No M N T N L O o GO 'cp o , E O N Q @ 0 N L O N N T 0 O O aO N MW2 KODIAK ISLAND BOROUGH Meeting Type: ASSelv)bly �5(lav Meebo Date: Mab of ,' Ml V Please PRINT your name Please PRINT your name u \ d 4.4 U V RO an �, l i I _ 1C j Y u.S u 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. 18 March 02, 2018 At Its Regular Meeting Of March 01, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 22, 2018, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Month Of March 2018 As National Women's History Month And Urged Residents To Increase Their Knowledge And Appreciation Of The Valuable Role Women Play In Our Lives. PROCLAIMED That Kodiak Was A Municipality That Did "Choose Respect" And Asked That All Residents Join In Standing Up Against These Crimes, And Create A Movement Across The Country That Would Restore A Culture Of Respect And Action For Future Generations. ADOPTED Resolution No. FY2018-24 Authorizing The Parks And Recreation Committee To Move Forward With An Update To The Kodiak Island Borough Comprehensive Parks And Recreation Plan That Was Adopted January 9, 1981 (P&Z Case No. 18-012). ADOPTED Resolution No. FY2018-29 Joint Borough And City Of Kodiak Resolution Urging The Governor Of The State Of Alaska To Declare A Disaster And To Request The Secretary Of Commerce To Declare A Commercial Fishery Failure And A Disaster For The 2018 Gulf Of Alaska Pacific Cod Fishery. ADVANCED Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011) To The Next Regular Meeting Of The Assembly. ADVANCED Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits To The Next Regular Meeting Of The Assembly. APPROVED The Forwarding Of The Peterson Roof Replacement Project To The State For Consideration Should A Capital Budget Opportunity Arise. AUTHORIZED The Mayor To Sign The Letter Addressed To Senator Sullivan Regarding Continued Cuts To The National Weather Service Resulting Closure Of The Weather Service Office In Kodiak.