2018-08-09 Work Session
Ordinance For Introduction
Ordinance No. FY2019-07
Executive Session
Discuss Litigation Tactics and Strategies
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 9, 2018
ASSEMBLY WORK SESSION
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.a.
Kodiak Island Borough
Engineering & Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9343 Fax (907) 486-9394
dconrad@kodiakak.us
DATE: August 2, 2018
TO:Michael Powers. Borough Manager
FROM: David Conrad
RE:Mission Lake Tidegate Service Area and Tidegate
Mr. Powers,
This memo has been prepared to discuss the Mission Lake Tidegate Service Area Board’s
request to dissolve the service area and eliminate the tax assessment currently paid by the owners
of the properties within the boundaries of the Mission Lake Tidegate Service Area (Service
Area).
The Service Area was created in 2002 by Kodiak Island Borough (KIB) Ordinance 2002-02,
ratified and certified by the residents by special election on February 21, 2002, and adopted by
the Assembly of the KIB(Assembly) on March 7, 2002. As per the adoption language the KIB
Code of Ordinances was amended on July 1, 2002 by adding Chapter 4.130 thus creating this
service area.
The ordinance language reads as follows:
4.130.010 Creation of Powers.
The Mission Lake tidegate service area is established pursuant to Ordinance No. 2002-
02 and encompasses the area as indicated on the map attached to that ordinance.
Construction, operation and maintenance of the Mission Lake tidegate shall be provided
in the Mission Lake tidegate service area.
On December 7, 2017, Mr. Craig H. Johnson prepared and forwarded a letter addressed to the
Assembly requesting that the topic be placed on a future Assembly agenda for consideration. Mr.
Johnson is a current Service Area board member and property owner.
Mr. Johnson made the request to consider dissolving the ServiceArea and associated assessment
for maintaining tidegate. In the letter Johnson states his account of his personal and family
history in the Mission Lake area as well as other community members having traditionally had
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AGENDA ITEM #2.a.
use of the lake and maintains that the lake has been a “public resource” and never treated as a
private lake. In addition, he requests that the KIB “accept future costs tomaintain the tidegate.”
The KIB has assembled and maintains a large file of historical information including
photographs, various letters and memos, Service Area minutes, and financial records associated
with this area. As of June 30, 2018 the fund balance for this service area is $59,920.06. The mill
rate for this service area from 2004 through 2016 was 1.0 mils which was lowered to 0.25 mils in
the FY 2017/2018.
The original tidegate and causeway access to the properties in the Spruce Haven area was
installed by the property owners after the 1964 earthquake. Due to the subsidence of the land in
this area, the historical elevation of the lake was affected by tidal flows and began to require
regular maintenance by the Spruce Haven property owners to clear debris consisting of kelp,
other ocean debris, and sand. The owners regularly maintained this original tidegate, breakwater,
and access road without KIB assistance.
In the 80’s and 90’s the property owners contacted the KIB regarding the degradation of the
original tidegate for consideration of assistance for maintenance and to fund a replacement
tidegate near the original tidegate on the causeway access to the Spruce Haven properties. Over
the years, various correspondence from the KIB either rejected the claims that the KIB had
responsibility or agreed that the KIB would assist in maintenance and upkeep including the
period after the Service Area was formed.
In 2003 the Spruce Haven residents and the KIB began in earnest, a cooperative effort to
construct the new tidegate. This was accomplished by grant funding acquired by the residents
and KIB funds. KIB Ordinance No. 2004-10B was prepared and approved by the Assembly. This
ordinance allowed the transfer of $55,000 to Fund 410 (KIB Capital Projects) for payment of the
construction and required permits. There are records indicating the completion of the
construction of the tidegate in June 2005.
Financial records indicate that from 2005 through the present the KIB has performed
maintenance on thetidegate structure at various intervals depending on the need. These
maintenance tasks have included the removal of kelp and debris and the replacement of bolts and
gaskets on various components of the tidegate. The aggregate total expense for the maintenance
by the KIB or contractors from 2005 through 2018 is $14,209.15. The Spruce Haven residents
have also provided ongoing observation and maintenance throughout this period as necessary.
The request of the Service Area residents to dissolve the political entity would place the financial
burden as well as the maintenance, repair, and upkeep on the KIB. The residents have always
claimed that the Mission Lake has always been a recreation area for all Kodiak residents and not
a private lake; a claim that is backed upby the historical records on file. The KIB GIS records
indicate that portions of the lake are owned by the Womens American Baptist Mission (Baptist
Mission), The State of Alaska, Mr. Alvin Burch, Mr. Timothy Burch, the City of Kodiak, Mr.
Jeremiah Johnson, Mr. Randy Ensign, and Ms. Barbara Zimmerman. The KIBdoes not own any
property frontsat this location. There are access easements in place with the KIB during
construction of the tidegate that remain in place for the ongoing maintenance.
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On Mission Road traveling East (ocean on the left) there is a sign posted by the Alaska
Department of Fish and Game (ADF&G) sign that denotes the area for fishing and public access.
The stocking of this lake with silver salmon and the current signage was discussed with ADF&G
personnel. Thefish stocking is completed by the Kodiak Regional Aquaculture Association
when excess silversalmonare available (after otherprimary locations have been stocked). Fish
stocking is not typically performed on an annual basis although the project has been ongoing for
many years. The tidegate was constructed in a manner that allows fish passage during high tides.
ADF&G staff commentedthat the Kodiak Baptist Mission has traditionally allowed ADF&G to
access their property without any formal agreement. They stated that to their knowledge the
Mission allows access on their property for various activities other than hunting.
The dissolution of the Service Area would require the KIB to assume financial and maintenance
duties in perpetuity. The Service Area residents also presume that this lake would continue to be
accessed by the public over private property with no legal documentation allowing for this
“trespass”. The only access that is owned by anygovernmental entity is a small area at the north
east of the lake that is owned by the City of Kodiak. The traditional access to this lake during
both summer and winter crosses the Baptist Mission property at the west end of the lake adjacent
to Shahafka Cove (Mission Beach) along Mission Road. Presently visitors / users access both
water bodies by crossing Baptist Mission properties.
Historical records indicate that the Baptist Mission has not been interested in formally
documenting any legal access or sale of property that would allow public access. There are
records indicating that a request was made for the KIB to obtain property from the Baptist
Mission to create a park at the west end of the lake however this never was thoroughly
researched or completed.
A discussion with Mr. Johnny Walker, Executive Director of the Kodiak Baptist Mission
indicated that the Kodiak Baptist Mission is willing to discuss the creation of a public access
easement on a portion of the property along Shahafka Cove, Mission Beach and Mission Lake.
This could provide a legal access to these areas that are being used by the Kodiak residents. In
addition, this easement could include the legal access to the tidegate to allowfor the KIB’s
maintenance activitiesif the Service Area were to be dissolved.
If you require additional information or research regarding this matter,please contact me at your
convenience.
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KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 9, 2018
ASSEMBLY WORK SESSION
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
STAFF REPORT
AUGUST 9, 2018
ASSEMBLY WORK SESSION
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.c.
Kodiak Island Borough
Community Development Department
Memorandum
Date:
To:
From:
RE:
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Meeting Type:
KODIAK ISLAND BOROUGH
ASSenl6kj vjwK Si5sj,dvx Date: 6y-Oq-7,019
Please PRINT your name legibly Please PRINT your name legibly
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ELECTIONS BY MAIL
The deadline for placing ballot propositions and questions was August 3 — 53 calendar days before a
regular election.
The Assembly would have to adopt an Ordinance calling for a special by mail election.
STAFF TIME/RESOURCES (30 VOTERS FROM THE 2002 VOTING)
Clerk will mail out pre notifications, ballots, and pamphlets.
Provide absentee voting for 15 days including the day of the election
Posting of the notice of election in three public places
OTHER COSTS
Two Ads for a notice of election - $500
Ad for a sample ballot - $250
Printing of prenotification letters and cost of mailing out prenotification letters - $30
Printing of ballots and pamphlets and Cost of mailing out ballots and pamphlets - $90