2018-07-05 Regular Meeting
AGENDA ITEM #9.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
AGENDA ITEM #9.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #9.A.
1
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2018-01B
9
10 AN ORDINANCEOF THE ASSEMBLY OF THEKODIAK ISLANDBOROUGHAMENDING
11 ORDINANCE NO. FY2018-01FISCAL YEAR 2018 BUDGET BY AMENDING BUDGETS TO
12 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR
13 ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS.
14
15 WHEREAS,
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20 WHEREAS,
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25 WHEREAS,
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AGENDA ITEM #9.A.
45 WHEREAS,
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72 WHEREAS
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77 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
78 BOROUGH THAT:
79
80 Section 1:
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83 Section 2
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86 Section 3
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AGENDA ITEM #9.A.
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129 Section 15
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AGENDA ITEM #9.A.
134 Effective Date:
135
136 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
137 THIS __________ DAY OF _______________, 2018.
138
139
140
141
142
143
144
145 VOTES:
146
147
AGENDA ITEM #9.A.
AGENDA ITEM #9.A.
AGENDA ITEM #9.A.
AGENDA ITEM #9.A.
AGENDA ITEM #9.B.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #9.B.
1
2
SUBSTITUTED
3
4
VERSION
5
6
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCENO. FY2019-04
10
11 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHREVISING
12 KODIAK ISLAND BOROUGH TITLE 3.45 SEVERANCE TAX TO ALLOW WAIVER OF
13 SEVERANCE TAXES FOR NON-PROFITS BY MAJORITY VOTE OF THE KODIAK ISLAND
14 BOROUGH ASSEMBLY.
15
16 WHEREAS,
17
18
19 WHEREAS,
20
21
22 WHEREAS,
23
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
26 BOROUGH THAT:
27
28 Section 1:
29
30
31 Section 2:
32
33
34 3.45.030Exemptions.
35 This exemption does not apply to KIBC3.45.020(D). \[Ord. 91-03 §2, 1991. Formerly
36§3.26.030\].
37
38 A.
39
40
41
42
43 B. SeveranceTaxes may be waived for eligible 501c (3) organizationsupon application to
44 the Borough Manager. This waiver is available for non-profit fundraising activities which
45 are related to the use of resources extracted from Kodiak Island Borough Lands.
AGENDA ITEM #9.B.
46
47 C. The total of exempted severance tax shall not exceed $500.00
48
49 Effective Date:
50
51
52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
53 THIS __________ DAY OF _______________, 201X.
54
55
56
57
58
59
60
61 VOTES:
62
63
AGENDA ITEM #9.C.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
AGENDA ITEM #9.C.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #9.C.
1
2
3
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5
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-05
9
10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHWRITING OFF
11 THE PROPERTY TAXES, PENALTIES, INTEREST AND FEES OF THOSE MOBILE HOMES
12 WHICH WERE ABANDONED AND/OR DEMOLISHED.
13
14 WHEREAS,
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18 WHEREAS,
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21 WHEREAS,
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25 WHEREAS,
26
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28 WHEREAS,
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32 WHEREAS,
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36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OFTHE KODIAK ISLAND
37 BOROUGH THAT,
38
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43
44 Section 1:
45
AGENDA ITEM #9.C.
46
47
48 Effective Date:
49
50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
51 THIS __________ DAY OF _______________, 2018.
52
53
54
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57
58
59 VOTES:
60
61
AGENDA ITEM #9.C.
AGENDA ITEM #9.C.
AGENDA ITEM #9.C.
AGENDA ITEM #9.C.
AGENDA ITEM #9.C.
AGENDA ITEM #13.A.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.A.1.
AGENDA ITEM #13.A.1.
AGENDA ITEM #13.A.1.
AGENDA ITEM #13.A.1.
AGENDA ITEM #13.A.1.
ALASKA’S TRAVEL INDUSTRY REPRESENTS
PROVEN RESOURCE DEVELOPMENT
Alaskans by REINVESTING
1 in 8 jobs come from
infrastructure and other
services provided by the
all Alaskans and other
That’s 47,000 jobs!
Business
New tourism
owners hiring
products
more Alaskans
& business
growth
$1.94
billion in
$4.17 billion $83 million in
visitor
visitor fees to
spending
in economic
city/borough
budgets
Alaska
2.07 million
visitors to
$105 million in
Alaska
visitor fees to
State Budget
Reinvestment
20%
of $$$ for
19%19%
18%
Alaska
13%
Tourism
11%
WORKS for
Source: Economic Impact of Alaska’s Visitor Industry (2014-2015 Update)
by McDowell Group.
Alaska!
AGENDA ITEM #13.A.1.
Alaska’s Tourism Industry = Renewable Natural Resource
City/Borough
FamilyState
Budgets
BudgetBudget
$4.17 billion
in economic
$83 million $105 million
Where Do We Stand?
Alaska needs a
in order to keep
market share when
Who is ATIA?
610 E. 5th Ave., Ste. 200
Anchorage, AK 99501
907.929.2842 AlaskaTIA.org
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.C.1.
1
2
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-02
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
11 THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
12 DESIGNATION OF LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION
13 FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT/RESIDENTIAL(P&Z
14 CASE NO. 17-025)
15
16 WHEREAS,
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20 WHEREAS,
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24 WHEREAS,
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26
27 WHEREAS,
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AGENDA ITEM #13.C.1.
44 WHEREAS,
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85 WHEREAS,
86
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88
AGENDA ITEM #13.C.1.
89 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
90 BOROUGH THAT:
91
92 Section 1:
93
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95 Section 2:
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99 Section 3:
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AGENDA ITEM #13.C.1.
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138
139 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
140 THIS __________ DAY OF _______________,2018.
141
142
143
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145
146
147
148 VOTES:
149
150
AGENDA ITEM #13.C.1.
SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
Case No. 17-025.
STAFF ANALYSIS
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
RECOMMENDATION
CURRENTMOTIONON THE FLOOR
(Case No. 17-025 Motion No.2)
MOTION TO AMMEND
FINDINGS OF FACT (KIBC 17.205.020.A-C)
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
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5
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2018-XX
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
11 THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
12 DESIGNATION OF LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION
13 FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z
14 CASE NO. 17-025)
15
16 WHEREAS,
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18
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20 WHEREAS,
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24 WHEREAS,
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27 WHEREAS,
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AGENDA ITEM #13.C.1.
44 WHEREAS,
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AGENDA ITEM #13.C.1.
89 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
90 BOROUGH THAT:
91
92 Section 1:
93
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95 Section 2:
96
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99 Section 3:
100
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133 Effective Date:
134
AGENDA ITEM #13.C.1.
135
136
137
138
139 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
140 THIS __________ DAY OF _______________, 2018.
141
142
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148 VOTES:
149
150
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Wednesday, May 16,2018.
CASE:17-025(Postponed at the June 2017 regular meeting)
Written comments mustbereceived by
5pm, Tuesday, May 1,2018to be considered by the commission.
Ifyou would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting.The local call-intelephone number is 486-
3231.The toll free telephone number is 1-855-492-9202.
YourName:Mailing Address:
Yourproperty description:
Comments:
AGENDA ITEM #13.C.1.
Case 17-025
Request a Comprehensive Plan amendment to change
Location
the Future Land Use Designation of Lots 2, 3, and 4,
Northeast portion of the
Block 3, Tract A, Larsen Bay Subdivision from
City of Larsen Bay
Residential to Mixed Commercial/Waterfront/
Applicant
Residential (KIBC 17.205).
Uyak Bay LLC and Bruce Kososki
2
!
(
2
!
(
2
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(
5
!
(
63
!!
((
9
!
(
4
!
(
1
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10(
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(
7
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(
13
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(
8
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11
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12
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2
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14
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USS 672
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Legend
Public Hearing Notice
µ
Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
Case No. 17-025.
STAFF ANALYSIS
AGENDA ITEM #13.C.1.
RECOMMENDATION
CURRENTMOTIONON THE FLOOR
(Case No. 17-025 Motion No.2)
MOTION TO POSTPONE
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Wednesday, April 18, 2018.
CASE:17-025(Postponed at theJune 2017 regular meeting)
ritten comments mstereceived by
Wub
5pm, Tuesday, April 3,2018to be considered by the commission.
Ifyou would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting.The local call-intelephone number is 486-
3231.The toll freetelephone number is 1-855-492-9202.
YourName:Mailing Address:
Yourproperty description:
Comments:
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
To: Kodiak Island Borough Community Development Department
710 Mill Bay Road, Kodiak AK 99615
From: Tammy Helms
3805 E Cottonwood Way, Wasilla AK 99654
907-775-5557
Property owner of: Lot 1, Block 4 and Lot 4, Block 2, Larsen Bay Subdivision
Kodiak Island Borough Planning and Zoning Commission:
I reviewed case 17-025, requesting a comprehensive plan amendment to change the future land use
designation of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from residential to mixed
commercial/waterfront/residential (KIBC 17.205) and case 17-026 requesting a rezone of lots 2, 3, and 4,
block 3, tract A, Larsen Bay subdivision from R-1-single-family residential district to B-business district
(KIBC 17.205). The proposed lots sit between my two lots, block 4 lot 1 and block 2, lot 4, tract A, Larsen
Bay subdivision. I have provided my comments on each case below:
/ğƭĻ ЊАΏЉЋЎ
I believe it is important that the borough supports the recommendation of the City of Larsen Bay
regarding the comprehensive plan, as they are the local governing body of the community aside for the
planning and zoning powers the borough implements. If the City of Larsen Bay is not in favor of the
proposed comprehensive plan amendment, the borough should support and uphold their position on
the matter. The city is actively holding community meetings to involve the residents of Larsen Bay, hear
oices on the matter, and update the comprehensive plan ensure it fits the current future
their v to and
needs and plans of the community. Land decisions such as these irrevocably change the future
character of a community, and the opinion of elected representatives should have weight. If the City of
Larsen Bay rules a mixed commercial/waterfront/residential zone is in the best interest of the
community, the borough should support that, however the boundaries of the designation should extend
beyond lots 2, 3, and 4 of block 3. It seems impractical and one-sided to amend the comprehensive plan
and zoning for only three lots. If such a change were to be implemented I would request my two lots
(Lot 1, Block 4 and Lot 4, Block 2) be considered for the new zoning.
/ğƭĻ ЊАΏЉЋЏ
My comments for this case echo in continuation of case 17-025. A determination should not be made on
this case until case 17-025 can be satisfactorily resolved. However, if a determination is made to allow
the rezoning of lots 2, 3, and 4, block 3, tract A, I respectfully request the borough extend the allowance
to my two lots (Lot 1, Block 4 and Lot 4, Block 2).
Thank you for considering my comments in the decision before you.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
VOICE VOTE CARRIED UNANIMOUSLY
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
VOICE VOTE ON MOTION AS AMEND CARRIED UNANIMOUSLY
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
AGENDA ITEM #13.C.1.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY
AGENDA ITEM #13.C.1.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY
AGENDA ITEM #13.C.1.
To: Kodiak Island Borough Community Development Department
710 Mill Bay Road, Kodiak AK 99615
From: Tammy Helms
3805 E Cottonwood Way, Wasilla AK 99654
907-775-5557
Property owner of: Lot 1, Block 4 and Lot 4, Block 2, Larsen Bay Subdivision
Kodiak Island Borough Planning and Zoning Commission:
I reviewed case 17-025, requesting a comprehensive plan amendment to change the future land use
designation of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from residential to mixed
commercial/waterfront/residential (KIBC 17.205) and case 17-026 requesting a rezone of lots 2, 3, and 4,
block 3, tract A, Larsen Bay subdivision from R-1-single-family residential district to B-business district
(KIBC 17.205). The proposed lots sit between my two lots, block 4 lot 1 and block 2, lot 4, tract A, Larsen
Bay subdivision. I have provided my comments on each case below:
/ğƭĻ ЊАΏЉЋЎ
I believe it is important that the borough supports the recommendation of the City of Larsen Bay
regarding the comprehensive plan, as they are the local governing body of the community aside for the
planning and zoning powers the borough implements. If the City of Larsen Bay is not in favor of the
proposed comprehensive plan amendment, the borough should support and uphold their position on
the matter. The city is actively holding community meetings to involve the residents of Larsen Bay, hear
their voices on the matter, and update the comprehensive plan to ensure it fits the current and future
needs and plans of the community. Land decisions such as these irrevocably change the future
character of a community, and the opinion of elected representatives should have weight. If the City of
Larsen Bay rules a mixed commercial/waterfront/residential zone is in the best interest of the
community, the borough should support that, however the boundaries of the designation should extend
beyond lots 2, 3, and 4 of block 3. It seems impractical and one-sided to amend the comprehensive plan
and zoning for only three lots. If such a change were to be implemented I would request my two lots
(Lot 1, Block 4 and Lot 4, Block 2) be considered for the new zoning.
/ğƭĻ ЊАΏЉЋЏ
My comments for this case echo in continuation of case 17-025. A determination should not be made on
this case until case 17-025 can be satisfactorily resolved. However, if a determination is made to allow
the rezoning of lots 2, 3, and 4, block 3, tract A, I respectfully request the borough extend the allowance
to my two lots (Lot 1, Block 4 and Lot 4, Block 2).
Thank you for considering my comments in the decision before you.
AGENDA ITEM #13.C.1.
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AGENDA ITEM #13.C.1.
Request a Comprehensive Plan amendment to change
Case 17-025
the Future Land Use Designation of Lots 1A, 2, 3, and 4,
Location
Block 3, Tract A, Larsen Bay Subdivision from Residential
Northeast portion of the
to Mixed Commercial/Waterfront/Residential (KIBC 17.205).
City of Larsen Bay
The intent of this request is to facilitate a subsequent
Applicant
request to rezone the parcels from R1-Single-Family
Uyak Bay LLC and
Residential District to B-Business District (Case No.17-026).
Bruce Kososki
2
2
2
5
3
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9
4
1
10
7
13
8
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12
2
14
USS 672
15
17
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Legend
Public Hearing Notice
Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.1.
May 24, 2017
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Re: Case #17-025
Case #17-026
Case #17-030
/ğƭĻ ϔЊАΏЉЋЎ
The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ
\[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request
(Case 17-026). The Borough shows no consideration for our Community when taking such an
aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I
strongly oppose any amendment to the Comprehensive Plan at this time.
In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April
19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive
Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough
wide authority to change regulations to address public necessity, convenience, general welfare
or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed
by the Planning and Zoning Commission when considering an application for a VARIANCE.
ğƩźğƓĭĻƭ ğƩĻ ƦƩƚǝźķĻķͶ͵͵ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƩĻƌğǣźƓŭ ǩƚƓźƓŭ ķźƭƷƩźĭƷ ƩĻƨǒźƩĻƒĻƓƷƭ źƓ ƭƦĻĭźğƌ
ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the
high handedness of the Borough over the local community.
We are a small secluded community. I believe that all Larsen Bay property owners and
residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ
tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a
significant effort and input by the Council and the Community during the 2008 process. The
current Comprehensive Plan does not allow for such a large amount of land to be rezoned from
R-1 to Business.
I believe a moratorium on rezone requests from Residential to Business will give the
Community of Larsen Bay the opportunity for all property owners to come together and discuss
future land use plans.
/ğƭĻ ϔЊАΏЉЋЏ
Based on the information I have I am also opposed to the rezone request (case #17-
026). The owner knew when purchasing the lots in question that they were zoned Single Family
Residential properties. Why the requested change? Is this request part of the owners original
Plan for the property? Does he feel he can come in to a Community and do as he pleases
without regard for the standing law? As far as I am aware the property owner never discussed
this rezone request with anyone in the Community. In addition to the 4 lots being proposed for
a rezone an additional 3 adjacent lots are owned by the same family in the form of business
entities. These 7 lots encompass access to MoƭĻƭƭ .Ļğĭŷ Ǟŷźĭŷ źƭ ğ ǞĻƌƌ ǒƭĻķ ĭƚƒƒǒƓźƷǤ
AGENDA ITEM #13.C.1.
beach. What is the big picture here? I would like to hear what the property owner has in mind.
Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned?
If the lots are rezoned the property owner would be able to develop the property however he
chose. On a recent bike ride I saw a substantial amount of building materials on the lots
proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he
expanding his business despite the current single family zoning?
Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is
approved/denied. Following is a rebuttal to each of the six points to be considered before a
VARIANCE can be permitted in Case 17-26.
A. Approval͵ LŅ źƷ źƭ ƷŷĻ ŅźƓķźƓŭ ƚŅ ƷŷĻ ĭƚƒƒźƭƭźƚƓͲ ğŅƷĻƩ ĭƚƓƭźķĻƩğƷźƚƓ ƚŅ ƷŷĻ źƓǝĻƭƷźŭğƷƚƩƭ
report and receipt of testimony at the public hearing, that the use proposed in the
application, or under appropriate conditions or restrictions, meets all of the following,
the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or
to its intended use or development which do not apply generally to other properties in the
same land use district;
Current zoning category and zoning at time of purchase is/was Single Family, Residential and
all surrounding properties are single family, residential. Zoning at time of purchase would
preclude the owners intent to develop the property.
2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
The lots in discussion have always been single family residential and were single family
residential at the time of their purchase (2007 and 2009). How could a property owner claim
unnecessary hardship when he knew the lots zoning category at time of purchase? Was it
property owners intent to buy up residential property with the intent of pushing for a
business/commercial rezone at a later date?
3. That the granting of the variance will not result in material damage or prejudice to other
properties in the vicinity nor be detrimental to ƷŷĻ ƦǒĬƌźĭƭ ŷĻğƌƷŷͲ ƭğŅĻƷǤ ƚƩ ŭĻƓĻƩğƌ ǞĻƌŅğƩĻ
Adjacent property owners object to noise and traffic associated with large groups of people
with a vacationing/anything goes mind set.
There is also a question of the City being able to provide adequate water and electrical
utilities. The land is low lying and swampy which raises the question of supporting a septic
system for sewage for a commercial property. The EPA would need to be consulted as to if the
property could support an appropriate septic system and to protect the public health.
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan;
The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen
Bay Comprehensive Plan as written in 1984 and reviewed in 2008.
AGENDA ITEM #13.C.1.
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
There is a substantial amount of building material on the lots proposed for the rezone which
are indicative of the owners intent to develop the property prior to an approved rezone. Is the
owners moving forward prior to approval an attempt to get relief from his investment?
6. That granting the variance will not permit a prohibited land use in the district involved.
Following is a description in KIB Zoning Code which clearly shows the rezoning to business or
commercial is a prohibited land use for these four Single Family Resident lots.
17.75.010 Description and intent.
The R1 single-family residential zoning district is established as a land use district for small
lot, single-family residential dwellings where public water and sewer services are available.
For the single-family residential district, in promoting the general purposes of this title, the
specific intentions of this chapter are:
A. To encourage the construction of single-family dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which would
interfere with the development or continuation of single-family dwellings in the district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which would generate other than normal vehicular traffic on streets
serving residents on those streets; and
E. To prohibit any use which, because of its character or size, would create requirements and
costs for public services, such as police and fire protection, water supply and sewerage, before
such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly
§17.18.010\].
Respectfully,
Jane Petrich
Lot 5, Blk19
PO Box 52
Larsen Bay, AK 99624
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Land Use Goal:Regulate and manage land uses to balance the rights of private property
owners with community values and objectives.
Policy:Maximizecompatibility of adjacent land usesand minimize conflicts through
zoning, design standards, and other means.
Policy:Zone lands to meet future housing, commercial, industrial, and other land needs.
o Implementation Action:Identify an adequate supply of land in each community to
meet futureresidential and other land development needs based on future
population and employment growth projections, assumptions about the type and land
requirements for the projected uses, and conditions or constraints that may affect
development. Consider the use of public or private Native-owned lands to help meet
these needs.
o Implementation Action:Evaluate the need and recommend specific sites for
commercial and industrial uses within and outside cities and unincorporated in the
Borough to meet future economicneeds…
Land Use Goal:Develop a comprehensive management framework to encourage economic
development while protecting coastal resources.
Policy: Encourage future industrial and commercial development to be sited and
constructed to promote the most effective utilization of waterfront areas and coastal
resources.
EconomicGoal:Diversify the overall economy of the Kodiak Region.
Policy: Encourage and facilitate small business development on Kodiak Island.
Larsen Bay Land UseGoal:Enhance flexibility of land use regulations.
Policy:Address concerns about the social impacts of some lodges located within
neighborhoods.
o Implementation Action:Allow small scale commercial and more bed-and-breakfasts
and lodges under certain circumstances, such as in mixed-use zones.
Larsen Bay EconomicGoal:Retain residents.
Policy:Improve economic opportunities in Larsen Bay.
o Implementation Action:Develop additional industries and businesses that are
attractive to Larsen Bay.
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Case 17-025
Request a Comprehensive Plan amendment to change
Location
the Future Land Use Designation of Lots 1A, 2, 3, and 4,
Northeast portion of the
Block 3, Tract A, Larsen Bay Subdivision from Residential
City of Larsen Bay
to Mixed Commercial/Waterfront/Residential (KIBC 17.205).
Applicant
The intent of this request is to facilitate a subsequent
Uyak Bay LLC &
request to rezone the parcels from R1-Single-Family
Bruce Kososki
Residential District to B-Business District (Case No.17-026).
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Public Hearing Notice
Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #13.C.1.
AGENDA ITEM #13.C.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
AGENDA ITEM #13.C.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
JULY 5, 2018
ASSEMBLY REGULAR MEETING
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.C.2.
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2019-03
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10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHREZONING
11 LOTS 2, 3, AND 4,BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE-
12 FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026)
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SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
Case No. 17-026.
STAFF ANALYSIS
RECOMMENDATION
CURRENTMOTIONON THE FLOOR
(Case No. 17-026 Motion No.2)
AGENDA ITEM #13.C.2.
MOTION TO AMMEND
FINDINGS OF FACT (KIBC 17.205.020.A-C)
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7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2018-XX
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10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
11 LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE-
12 FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026)
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Wednesday, May 16,2018.
CASE:17-026(Postponed at the June 2017 regular meeting)
Written comments mustbereceived by
5pm, Tuesday, May 1,2018to be considered by the commission.
Ifyou would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting.The local call-intelephone number is 486-
3231.The toll free telephone number is 1-855-492-9202.
YourName:Mailing Address:
Yourproperty description:
Comments:
AGENDA ITEM #13.C.2.
Case 17-025
Request a Comprehensive Plan amendment to change
Location
the Future Land Use Designation of Lots 2, 3, and 4,
Northeast portion of the
Block 3, Tract A, Larsen Bay Subdivision from
City of Larsen Bay
Residential to Mixed Commercial/Waterfront/
Applicant
Residential (KIBC 17.205).
Uyak Bay LLC and Bruce Kososki
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Community Development Department
Kodiak Island Borough GIS
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SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION
Case No. 17-026.
STAFF ANALYSIS
RECOMMENDATION
CURRENTMOTIONON THE FLOOR
(Case No. 17-026 Motion No.2)
MOTION TO POSTPONE
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Case 17-026
Request a Rezone of Lots 1A, 2, 3, and 4, Block 3,
Location
Tract A, Larsen Bay Subdivision from R1-Single-Family
Northeast portion of the
Residential District to B-Business District.
City of Larsen Bay
Applicant
Uyak Bay LLC and
Bruce Kososki
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May 24, 2017
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Re: Case #17-025
Case #17-026
Case #17-030
/ğƭĻ ϔЊАΏЉЋЎ
The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ
\[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request
(Case 17-026). The Borough shows no consideration for our Community when taking such an
aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I
strongly oppose any amendment to the Comprehensive Plan at this time.
In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April
19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive
Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough
wide authority to change regulations to address public necessity, convenience, general welfare
or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed
by the Planning and Zoning Commission when considering an application for a VARIANCE.
ğƩźğƓĭĻƭ ğƩĻ ƦƩƚǝźķĻķͶ͵͵ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƩĻƌğǣźƓŭ ǩƚƓźƓŭ ķźƭƷƩźĭƷ ƩĻƨǒźƩĻƒĻƓƷƭ źƓ ƭƦĻĭźğƌ
ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the
high handedness of the Borough over the local community.
We are a small secluded community. I believe that all Larsen Bay property owners and
residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ
tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a
significant effort and input by the Council and the Community during the 2008 process. The
current Comprehensive Plan does not allow for such a large amount of land to be rezoned from
R-1 to Business.
I believe a moratorium on rezone requests from Residential to Business will give the
Community of Larsen Bay the opportunity for all property owners to come together and discuss
future land use plans.
/ğƭĻ ϔЊАΏЉЋЏ
Based on the information I have I am also opposed to the rezone request (case #17-
026). The owner knew when purchasing the lots in question that they were zoned Single Family
Residential properties. Why the requested change? Is this request part of the owners original
Plan for the property? Does he feel he can come in to a Community and do as he pleases
without regard for the standing law? As far as I am aware the property owner never discussed
this rezone request with anyone in the Community. In addition to the 4 lots being proposed for
a rezone an additional 3 adjacent lots are owned by the same family in the form of business
entities. These 7 lots encompass access to MoƭĻƭƭ .Ļğĭŷ Ǟŷźĭŷ źƭ ğ ǞĻƌƌ ǒƭĻķ ĭƚƒƒǒƓźƷǤ
AGENDA ITEM #13.C.2.
beach. What is the big picture here? I would like to hear what the property owner has in mind.
Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned?
If the lots are rezoned the property owner would be able to develop the property however he
chose. On a recent bike ride I saw a substantial amount of building materials on the lots
proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he
expanding his business despite the current single family zoning?
Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is
approved/denied. Following is a rebuttal to each of the six points to be considered before a
VARIANCE can be permitted in Case 17-26.
A. Approval͵ LŅ źƷ źƭ ƷŷĻ ŅźƓķźƓŭ ƚŅ ƷŷĻ ĭƚƒƒźƭƭźƚƓͲ ğŅƷĻƩ ĭƚƓƭźķĻƩğƷźƚƓ ƚŅ ƷŷĻ źƓǝĻƭƷźŭğƷƚƩƭ
report and receipt of testimony at the public hearing, that the use proposed in the
application, or under appropriate conditions or restrictions, meets all of the following,
the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or
to its intended use or development which do not apply generally to other properties in the
same land use district;
Current zoning category and zoning at time of purchase is/was Single Family, Residential and
all surrounding properties are single family, residential. Zoning at time of purchase would
preclude the owners intent to develop the property.
2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
The lots in discussion have always been single family residential and were single family
residential at the time of their purchase (2007 and 2009). How could a property owner claim
unnecessary hardship when he knew the lots zoning category at time of purchase? Was it
property owners intent to buy up residential property with the intent of pushing for a
business/commercial rezone at a later date?
3. That the granting of the variance will not result in material damage or prejudice to other
properties in the vicinity nor be detrimental to ƷŷĻ ƦǒĬƌźĭƭ ŷĻğƌƷŷͲ ƭğŅĻƷǤ ƚƩ ŭĻƓĻƩğƌ ǞĻƌŅğƩĻ
Adjacent property owners object to noise and traffic associated with large groups of people
with a vacationing/anything goes mind set.
There is also a question of the City being able to provide adequate water and electrical
utilities. The land is low lying and swampy which raises the question of supporting a septic
system for sewage for a commercial property. The EPA would need to be consulted as to if the
property could support an appropriate septic system and to protect the public health.
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan;
The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen
Bay Comprehensive Plan as written in 1984 and reviewed in 2008.
AGENDA ITEM #13.C.2.
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
There is a substantial amount of building material on the lots proposed for the rezone which
are indicative of the owners intent to develop the property prior to an approved rezone. Is the
owners moving forward prior to approval an attempt to get relief from his investment?
6. That granting the variance will not permit a prohibited land use in the district involved.
Following is a description in KIB Zoning Code which clearly shows the rezoning to business or
commercial is a prohibited land use for these four Single Family Resident lots.
17.75.010 Description and intent.
The R1 single-family residential zoning district is established as a land use district for small
lot, single-family residential dwellings where public water and sewer services are available.
For the single-family residential district, in promoting the general purposes of this title, the
specific intentions of this chapter are:
A. To encourage the construction of single-family dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which would
interfere with the development or continuation of single-family dwellings in the district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which would generate other than normal vehicular traffic on streets
serving residents on those streets; and
E. To prohibit any use which, because of its character or size, would create requirements and
costs for public services, such as police and fire protection, water supply and sewerage, before
such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly
§17.18.010\].
Respectfully,
Jane Petrich
Lot 5, Blk19
PO Box 52
Larsen Bay, AK 99624
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.C.2.
Case 17-026
Request a Rezone of Lots 1A, 2, 3, and 4, Block 3,
Location
Tract A, Larsen Bay Subdivision from R1-Single-Family
Northeast portion of the
Residential District to B-Business District.
City of Larsen Bay
Applicant
Uyak Bay LLC &
Bruce Kososki
2
2
2
5
3
6
9
4
1
7
8
11
Legend
Public Hearing Notice
Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #13.C.2.
AGENDA ITEM #13.D.1.
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
Implementing Electronic Monitoring Aboard Pollock
Mid-water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA)
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
AGENDA ITEM #18.B.1.
Kodiak Island Borough
Assembly Regular Meeting Guidelines
July 05, 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
Major Dave Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE — Mayor Rohrer.
3. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly member Symmons who is
absent due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA
Recommended motion: Move to approve the agenda.
Recommended motion: Move to amend the agenda by adding the following under
other items:
• Build Grant Letter of Support to the City of Ouzinkie.
• Waiving The Confidentiality of the Attorney -Client Privileged Legal
Opinion Relating To Ordinance No. 2018-07, Rezone Case in Larsen
Bay.
ROLL CALL VOTE ON MOTION TO AMEND (It Takes Unanimous Vote To Add Items
On The Agenda)
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES — None.
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
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 1
7
0
a
AWARDS AND PRESENTATIONS — None.
COMMITTEE REPORTS
PUBLIC HEARING
A. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018
Budget, By Amending Budgets To Account For Various Revenues That Are Over
Budget, Providing For Additional Expenditures And Moving Funds Between Projects.
Recommended Motion: Move to adopt Ordinance No. FY2018-01B.
Staff Report — Manager Powers.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and
Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow
Waiver Of Severance Taxes For Non -Profits By Majority Vote Of The Kodiak Island
Borough Assembly.
Recommended Motion: Move to adopt Ordinance No. FY2019-04.
Staff Report — Manager Powers.
Recommended Motion: Move to amend Ordinance No. FY2019-04 by
substitution.
Assembly discussion to focus on the amendments.
ROLL CALL VOTE ON MOTION TO AMEND.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MAIN MOTION.
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 2
C. Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And
Fees Of Those Mobile Homes Which Were Abandoned And/Or Demolished.
Recommended Motion: Move to adopt Ordinance No. FY2019-05.
Staff Report — Manager Powers.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2019-02 With Discover Kodiak For Destination Marketing And
Tourism Development.
Recommended Motion: Move to authorize the manager to execute Contract
No. FY2019-02 with Discover Kodiak for Destination Marketing and Tourism
Development Services in the amount of $75,000.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions — None.
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 3
C. Ordinances for Introduction
1. Ordinance No. FY2019-02 Amending The 2008 Comprehensive Plan By
Changing The Future Land Use Designation Of Lots 2-4, Block 3, Tract A,
Larsen Bay Subdivision From Residential To Mixed
Commercial/Waterfront/Residential (P&Z Case No. 17-025).
Recommended Motion: Move to advance Ordinance No. FY2019-02 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay
Subdivision From R1 -Single -Family Residential District To B -Business District
(P&Z Case No. 17-026).
Recommended Motion: Move to advance Ordinance No. FY2019-03 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
D. Other Items
1. KIB Letter Of Support For NFWF Electronic Monitoring Grant Application.
Recommended Motion: Move to approve a letter of support for the NFWF
Electronic Monitoring Grant Application.
Clerk's Note: Attached on M paper is a copy of the letter.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 4
If the agenda was amended, process the following:
2. Build Grant Letter of support to the City of Ouzinkie.
Recommended motion: Move to approve the Build Grant Letter of Support to the
City of Ouzinkie.
Clerk's Note: Attached on YELLOW paper is a copy of the letter.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
3. Waiving The Confidentiality of the Attorney -Client Privileged Legal Opinion Relating To
Ordinance No. FY2018-07, Rezone Case in Larsen Bay.
Recommended motion: Move to waive the confidentiality of the attorney-client
privileged legal opinion relating to Ordinance No. FY 2018-07, Rezone Case in
Larsen Bay.
Staff Report — Manager Powers.
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
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 5
15. ASSEMBLY MEMBERS' COMMENTS
Announcements
The Assembly will hold a Joint Work Session with the Planning and Zoning Commission
on Wednesday, July 11, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The
next Assembly work session is scheduled on Thursday, July 12, 2018 at 6:30 p.m. in the
School District Conference Room. The next regular meeting is scheduled on Thursday,
July 19, 2018 at 6:30 p.m. in the Borough Assembly Chambers.
The Notice of Public Meetings and assembly meeting agendas are available on the KIB
website, posted on the KIB Facebook page, and are also posted at the library, Safeway,
and Borough building. For those who do not have interenet, you may call the Borough
meeting notification line at 486-9315.
16. EXECUTIVE SESSION
A. Manager's Contract Negotiations, A Matter Which Might Include A Discussion That
Could Potentially Prejudice The Reputation And Character Of The Manager.
Recommended motion: Move to convene into executive session to discuss the
Manager's Contract negotiations, a matter which might include a discussion that
could potentially prejudice of the reputation and character of the Manager.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Mayor, Assembly, and Borough
Manager into executive session.
VOICE VOTE ON MOTION.
After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Rohrer reconvenes the regular
meeting and announces:
• The Assembly discussed the Manager's contract negotiations and
• No action is to be taken as a result of the executive session
• The Assembly may make a motion if necessary. The Assembly must state the motion
and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION.
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 6
17. 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 majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
Kodiak Island Borough Assembly Guidelines
July 5, 2018 Page 7
July 5, 2018
Kodiak Island Borough
Office of the Borough Mayor
710 NEU Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
National Fish and Wildlife Foundation
1133 Fifteenth St., N.W., Suite 1000
Washington, DC 20005
Re: Supporting 2018 grant proposal "Implementing Electronic Monitoring Aboard Pollock
Mid -water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA)"
To Whom It May Concern
The Kodiak Island Borough supports the proposal "Implementing Electronic Monitoring Aboard
Pollock Mid -water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA)" and
urges NFWF to fund this project. As an island community in the Gulf of Alaska, Kodiak depends
on healthy and sustainable commercial fisheries and is a major fishing port in the United States
in terms of both volume and value. Kodiak ranked 41h in the nation for volume of seafood landed
in 2016, with 417 million pounds delivered across the docks. Approximately 60% of that 417
million pounds came from groundfish trawl fisheries, of which pollock comprises the largest
portion.
In June 2018, the North Pacific Fishery Management Council reconstituted the Trawl EM
Committee and directed efforts on incorporating EM into trawl fisheries with mid -water pollock
fisheries as the initial focus. The Borough fully supports exploring how at -sea monitoring of
Kodiak's trawl fisheries can be improved via electronic monitoring (EM) technologies by using
onboard video cameras to monitor catch and bycatch, potentially in lieu of human observers in
the future.
Thank you,
Dan Rohrer
Borough Mayor
wor
Kodiak Island Borough
Office of the Borough Mayor
t� 710 MW Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
Daniel Rich
Mayor of Ouzinkie
PO Box 109
Ouzinkie, AK 99644
RE: SUPPORT FOR THE CITY OF OUZINKIE IN RECEIVING THE BUILD GRANT FOR
IMPROVING AND EXPANDING OUZINKIE'S DOCK AND ROAD.
Dear Mayor Rich,
It is our privilege to support the City of Ouzinkie (COO) in receiving the BUILD grant for the
improvement and expansion of the dock and road in Ouzinkie.
We recognize that COO receiving the BUILD grant will allow the City to improve and expand the
dock and the road leading to the dock. These project is necessary to improve transportation
services that are vital to Ouzinkie's survival, will bring about economic growth, and increase
service and business in the COO and in Kodiak.
We understand your community's reliance on its waterways and we are aware that you receive
over 90% of all food and cargo by water. Passengers and other valuable commodities transported
over Ouzinkie docks such as food and supplies, freight and vehicles, seafood, and fuel provide a
critical life line to the community. Without it, there would be no way that the COO could sustain
itself and have a reasonable cost of living.
We are proud to show our support for the COO in receiving the BUILD Grant.
Respectfully,
KODIAK ISLAND BOROUGH
Daniel Rohrer
Borough Mayor
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KODIAK ISLAND BOROUGH
f(SSem,bly
Meeting Type: �AIw ham— Date: July 05, W
urease F'KIN I your name r'lease VKIN I your name
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2019, No. 1 July 06, 2018
At Its Regular Meeting Of July 05, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular
Meeting Of The Borough Assembly Is Scheduled On Thursday, July 19, 2018, At 6:30 p.m. In The Borough Assembly Chambers.
FAILED To Amend The Agenda By Adding “Waiving The Confidentiality Of The Attorney-Client Privileged
Legal Opinion Relating To Ordinance No. 2018-07, Rezone Case In Larsen Bay” Under Other Items On
The Agenda.
AMENDED The Agenda By Adding The “Build Grant Letter Of Support To The City Of Ouzinkie” Under
Other Items On The Agenda.
ADOPTED Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget,
By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional
Expenditures And Moving Funds Between Projects.
AMENDED, ADOPTED Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue
and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance
Taxes For Non-Profits By Majority Vote Of The Kodiak Island Borough Assembly.
ADOPTED Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of
Those Mobile Homes Which Were Abandoned And/Or Demolished.
POSTPONED Contract No. FY2019-02 With Discover Kodiak For Destination Marketing And Tourism
Development To The Next Regular Meeting After Discover Kodiak Staff Are Able To Discuss The
Contract With The Assembly At A Work Session.
ADVANCED Ordinance No. FY2019-02 Amending The 2008 Comprehensive Plan By Changing The
Future Land Use Designation Of Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From Residential To
Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025) To The Next Regular Meeting Of The
Assembly.
ADVANCED Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision
From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026) To The Next
Regular Meeting Of The Assembly.
APPROVED KIB Letter of Support for NFWF Electronic Monitoring Grant Application.
APPROVED The Build Grant Letter Of Support To The City Of Ouzinkie.
CONVENED Into Executive Session To Discuss Manager’s Contract Negotiations, A Matter Which Might
Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Manager;
INVITED The Mayor, Borough Assembly, And Borough Manager Into Executive Session; And
ANNOUNCED That No Action Was Taken As Result Of The Executive Session.