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2020-10-15 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 15, 2020, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 5 - 9 A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of October 8, 2020. 2021-10-01 RM Minutes 2021-10-08 SM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 7. AWARDS AND PRESENTATIONS 10 - 11 A. Nuisance Bears- Nate Svoboda From The Department Of Fish And Game. Report Form and Map B. Recognizing Doug Mathers, Deputy Chief Of The Bayside Fire Department For 35 Years Of Service. 8. COMMITTEE REPORTS 9. PUBLIC HEARING Page 1 of 137 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 10. BOROUGH MANAGER'S REPORT 12 A. Borough Manager's Report For October 15, 2020 Report for October 15, 2020 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13 - 15 1. Contract No. FY2021-03 With Discover Kodiak For Destination Marketing And Tourism Development. Complete Binder For Contract No. FY2021-03 - Pdf 13.B. Resolutions 16 - 20 1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By Crediting Alaska Waste Solid Waste Disposal Services Utility Accounts In The Amount Of $318.50 In Order To Provide Financial Relief To Residents And Businesses Affected From The Coronavirus Pandemic. Resolution No. 2021-19 - Pdf 13.C. Ordinances for Introduction 21 - 31 1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide Funding To The City Of Kodiak, Purchase Of Testing Supplies And Expenditures Of Balance For Covid19 Community Impacts. Complete Binder For Ordinance No. FY2021-21 - Pdf CARES City Questions 32 - 55 2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R1 - Single Family Residential And Pl - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002). Complete Binder For Ordinance No. FY2021-18 - Pdf 56 - 61 3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Page 2 of 137 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Of The Kodiak Island Borough Amending Various Chapters Of KIBC Title 17 (Zoning) To Address Issues Such As Necessary Updates, Errors And Omissions And Procedural Clarification. Complete Binder For Ordinance No. FY2021-19 - Pdf 62 - 92 4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2-Two- Family Residential To B-Business. Complete Binder For Ordinance No. FY2021-20 - Pdf Citizen Comment Cache Seel 13.D. Other Items 93 - 95 1. Declaring A Seat On The Architectural/Engineering Review Board Vacant (Mr. Dennis Hunt). Roster And Resignation - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Solid Waste Contract No. FY2019-25 Conference With Borough Attorney, Scott Brandt-Erichsen. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS 18.A. Minutes of Other Meetings 96 - 98 1. Service Area No. 1 Board Budget Public Hearing-Regular Meeting of March 9, 2020 99 - 100 2. Service Area No. 1 Board Regular Meeting Minutes of April 2, 2020 101 - 102 3. Consolidation Committee Meeting Minutes of September 09, 2019 103 - 104 4. Consolidation Committee Meeting Minutes of September 14, 2019 105 - 106 5. Consolidation Committee Meeting Minutes of September Page 3 of 137 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 30, 2019 107 - 108 6. Consolidation Committee Meeting Minutes of October 14, 2019 109 - 110 7. Consolidation Committee Meeting Minutes (corrected) of October 28, 2019 111 - 112 8. Consolidation Committee Meeting Minutes of November 4, 2019 113 - 115 9. Consolidation Committee Meeting Minutes of November 25, 2019 116 - 118 10. Consolidation Committee Meeting Minutes of December 9, 2019 119 - 121 11. Consolidation Committee Meeting Minutes of December 30, 2019 122 - 124 12. Consolidation Committee Meeting Minutes of January 6, 2020 125 13. Consolidation Committee Meeting Minutes of January 27, 2020 126 - 127 14. Consolidation Committee Meeting Minutes of February 10, 2020 128 - 129 15. Consolidation Committee Meeting Minutes of March 2, 2020 130 16. Consolidation Committee Meeting Minutes of June 1 , 2020 131 - 132 17. Consolidation Committee Meeting Minutes of June 29, 2020 133 18. Consolidation Committee Meeting Minutes of August 3, 2020 134 - 135 19. Consolidation Committee Meeting Minutes of August 31, 2020 136 - 137 20. Consolidation Committee Meeting Minutes of September 14, 2020 18.B. Reports Page 4 of 137 Kodiak Island Borough October 1, 2020 Assembly Regular Meeting Minutes KODIAK ISLAND BOROUGH Assembly Regular Meeting October 1, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on October 1, 2020, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. DVORAK moved to excuse Assembly member Symmons who was absent due to a work-related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of September 17, 2020. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: • Patrick O’Donnell • Kurt Froening AWARDS AND PRESENTATIONS Mayor Roberts proclaimed the month of October 2020 as Domestic Violence Awareness Month. Penny Lampl accepted the proclamation on behalf of the Kodiak Island Women’s Resource and Crisis Center was Shelter. Mayor Roberts declared the month of October 2020 as Filipino-American Month. Mayor Roberts declared the month of October 2020 as Fire Prevention Month. Chief Rue III accepted. Manager Powers presented a 5 Year Longevity Award to Amy Geer, Accounting Technician and Payroll. COMMITTEE REPORTS AGENDA ITEM #5.A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of...Page 5 of 137 Kodiak Island Borough October 1, 2020 Assembly Regular Meeting Minutes • Assembly Member Kavanaugh reported on the Consolidation Committee, the next meeting will be on October 5, 2020. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • He has been monitoring flooding in Bells Flats (Sargent Creek Road and Leta Area.) • Met with auditors the previous week. • Met with ADEC regarding violations and corrections at the landfill. • Corresponded with Robbie Vennel about the Virtual Rural Forum. • Attended meetings regarding local Emergency Management issues including the outbreak at the Coast Guard base, changes in supplies for various testing machines and changes to a “market” system for filling testing supplies. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported that the City of Kodiak will reappoint a City Council member to the Consolidation Committee. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing and Hauling. ARNDT moved to approve Contract No. FY2021-10 approval of one year contract with Matson Navigation Company of Alaska, Inc. for metals processing and hauling. The Engineering & Facilities Department received the notice to renew our contract with Matson on September 15, 2020. Matson Navigation Company is the sole source company for this contract, they are the only shipping company in Kodiak that has the means to handle this regular large metal shipment. Matson provides the required open top containers for the consolidation and shipment of ferrous recycle metals. Matson charges per cubic yard (CY). In the most recent contract FY2020-07, the charge is $2.93 per CY. Under the new contract FY2021-10, the charge is $3.00 per CY. The KIB Landfill shipped 14,518 CY (19 containers), for a total cost of $42,536.53. The new contract requires a minimum of 15 open top containers per annual contract cycle. E/F staff has estimated the total shipped to be 15,000 CY at $3.00 per CY, for a total of $45,000. This estimate includes charges for any damages that may occur to the open top container. AGENDA ITEM #5.A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of...Page 6 of 137 Kodiak Island Borough October 1, 2020 Assembly Regular Meeting Minutes ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Turner. Resolutions None. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) None. ASSEMBLY MEMBERS' COMMENTS • Assembly Members Schroeder, Skinner, Kavanaugh and Dvorak had no comments. • Assembly Members Turner and Arndt reminded Citizens to get out and vote on Tuesday, October 6, 2020. • Assembly Member Dvorak spoke on the flooding issues at Sargent Creek and mentioned he reviews the Architectural/Engineering Review Board meeting packet. EXECUTIVE SESSION 1. Solid Waste Contract No. FY2019-25 Conference with Borough Attorney, Scott Brandt- Erichsen. KAVANAUGH moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could adversely affect the finances of the Borough and receive legal advice from the Borough’s counsel. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Turner, and Arndt. KAVANAUGH moved to invite Mayor, Assembly, Borough Manager, Engineering and Facilities Director, Dave Conrad, Special Projects Manager, Matt Gandel, Borough Attorney Scott Brandt- Erichsen, and Borough Clerk, Alise Rice into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Upon returning from executive session, Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AGENDA ITEM #5.A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of...Page 7 of 137 Kodiak Island Borough October 1, 2020 Assembly Regular Meeting Minutes The meeting adjourned at 8:40 p.m. KODIAK ISLAND BOROUGH ATTEST: ________________________ William Roberts, Mayor ___________________________ Alise L. Rice, Borough Clerk AGENDA ITEM #5.A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of...Page 8 of 137 Kodiak Island Borough October 8, 2020 Assembly Special Meeting Minutes Page 1 of 1 KODIAK ISLAND BOROUGH Assembly Special Meeting Assembly Chambers August 6, 2020 A special meeting of the Kodiak Island Borough Assembly was held on October 8, 2020, in the School District Conference Room, 710 Mill Bay Road. The meeting was called to order at 6:00 p.m. Present were Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, and James Turner. Also present were Borough Manager Michael Powers, and Borough Clerk Alise Rice. DVORAK moved to excuse Mayor Roberts, Deputy Presiding Officer Skinner, and Assembly member Symmons who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Solid Waste Contract No. FY2019-25 Conference with Borough Attorney, Scott Brandt- Erichsen. DVORAK moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could adversely affect the finances of the Borough and receive legal advice from the Borough’s counsel. ROLL CALL VOTE ON MOTION FAILED TWO TO TWO: Dvorak and Kavanaugh (AYES); Arndt and Turner (NOES). ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting was adjourned at 6:05 p.m. KODIAK ISLAND BOROUGH ATTEST: ___________________________ William Roberts, Mayor ___________________________ Alise L. Rice, Borough Clerk AGENDA ITEM #5.A. *Regular Meeting Minutes Of October 1, 2020. *Special Meeting Minutes Of...Page 9 of 137 3:5 AGENDA ITEM #7.A.Nuisance Bears- Nate Svoboda From The Department Of Fish And Game.Page 10 of 137 /r v, 1:AGENDA ITEM #7.A.Nuisance Bears- Nate Svoboda From The Department Of Fish And Game.Page 11 of 137 Manager’s Report Michael Powers October 15, 2020 Activities: Monitored water levels during rain events. Met with Providence regarding projects in the design phase, including the sterilizers, retaining wall, space analysis and the vision of healthcare into the future. Worked with staff on those projects and others including the contaminated soil issues. Attended Emergency Service Council meetings. Considerable discussion about where we go locally and at the state level after November 15 (end of current state disaster declaration). Considerable concern about testing supplies to support fisheries and schools as well as the long-term costs for the winter and spring. Dr. Zink from the State attend the October 15 meeting and updated us on numerous issues including testing changes and regimens, contact tracing, travel policies and related issues. Solid Waste-continuing work on ADEC issues at the landfill. Ongoing complaints about trash at dumpsters. Tsunami Sirens-All installed and operational except for Bayside (bad radio). The pitch (tone) currently programmed in is not as piercing as the previous tone. We expect changes and experimentation on the tones in the future. Also, I should remind everyone that it is considered “an outdoor warning” system and has never been intended to rattle pictures off the walls. Chris Smith, our new Chief for Bayside arrives this weekend. 1016 Hemlock-ongoing complaints, nearing end of the 30 days on letter. We have, and will continue, to work with the property owner and the City. Upcoming: I will be traveling during the Christmas holidays. I will be off the island from December 21 and returning around the first of January. I will update the dates. AGENDA ITEM #10.A. Borough Manager's Report For October 15, 2020 Page 12 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2021-03 With Discover Kodiak For Destination Marketing And Tourism Development. ORIGINATOR: Michael Powers RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2021-03. DISCUSSION: This is the annual contract with the Kodiak Island Convention and Visitors Bureau for destination marketing and tourism development services. $75,000 was approved in the FY21 budget for Discover Kodiak. ALTERNATIVES: FISCAL IMPACT: The budget was created with $20,000 in Transient Accommodations Tax + $55,000 other funding (fund balance). OTHER INFORMATION: None. AGENDA ITEM #13.A.1. 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N3N5.3.3..n2..=_2 za 33878 woqozu:o_2x AGENDA ITEM #13.A.1.Contract No. FY2021-03 With Discover Kodiak For Destination Marketing An...Page 15 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-19 Approving The Utility Relief Credit Program By Crediting Alaska Waste Solid Waste Disposal Services Utility Accounts In The Amount Of $318.50 In Order To Provide Financial Relief To Residents And Businesses Affected From The Coronavirus Pandemic. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Resolution No. FY2021-19. DISCUSSION: On March 11, 2020, Governor Dunleavy issued a declaration of public health disaster emergency in response to the COVID-19 anticipated outbreak in the State of Alaska. On March 23, 2020, the Kodiak Emergency Services Council (ESC) issued an emergency "hunk er down" order effective March 24, 2020 to April 1, 2020 at which time these emergency regulations would be reevaluated. Kodiak residents and businesses were negatively impacted financially as a result of the local and statewide pubic health mandates. On March 27, 2020, Congress passed the federal act known as the Coronavirus Aid Relief and Economic Security Act (CARES Act). Section 601 of this Act established the Coronavirus Relief Fund (CRF) with the stated purpose of distributing $150,000,000,000 to states for "necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID - 19)." The State of Alaska subsequently announced it would distribute CARES Act money to communities throughout the state. The Governor submitted his plan to the Legislature that included direct municipal relief for 568.6 million of which $5,792,501 was directed to the Kodiak Island Borough. At the work session October 8, 2020, Borough Assembly recommended the utility rel ief credit program by crediting Alaska Waste solid waste utility accounts in the amount of $318.50 each in order to provide financial relief to residents and businesses affected from the Coronavirus pandemic. ALTERNATIVES: FISCAL IMPACT: The Finance Department has estimated the total cost of the utility relief credit program at approximately $1,946,000. This resolution authorizes and directs the manager to use the CARES Act funding to cover the cost associated with this utility relief credit program and the steps necessary to implement it. OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By ...Page 16 of 137 Kodiak Island Borough, Alaska Resolution No. FY2021-19 Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-19 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING A 9 UTILITY RELIEF CREDIT PROGRAM BY CREDITING ALASKA WASTE SOLID WASTE 10 DISPOSAL SERVICES UTILITY ACCOUNTS IN THE AMOUNT OF $318.50 IN ORDER TO 11 PROVIDE FINANCIAL RELIEF TO RESIDENTS AND BUSINESSES AFFECTED BY THE 12 CORONAVIRUS PANDEMIC. 13 14 WHEREAS, the Federal Government provided funding under Section 601(a) of the Social 15 Security Act, added by section 5001 of the CARES (Coronavirus Aid, Relief and Economic 16 Security Act in response to the recent pandemic; and 17 18 WHEREAS, the Assembly adopted Resolution No. 2020-32, accepting CARES Act Funds from 19 the Alaska DCCED in the amount of $5,792,501 for costs that are for necessary expenditures; 20 and 21 22 WHEREAS, due to COVID-19 pandemic, assembly members have expressed concern 23 regarding the overall impacts of business closings, layoffs and other work stoppages on residents 24 and Kodiak’s business community and desire to help with those financial hardships; and 25 26 WHEREAS, staff has proposed a $318.50 utility relief credit to be applied toward actual utility 27 charges for Alaska Waste utility customer accounts of customers suffering adverse financial 28 impacts due to COVID-19; and 29 30 WHEREAS, the Finance Department has estimated the total cost of the utility relief credit 31 program at approximately $1,946,000; and 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH 35 36 Section 1. The Kodiak Island Borough authorizes establishment of a utility relief credit program 37 in the amount of $318.50 for each account of a utility customer holding an account during the 38 period from March 2020 through September 2020 who was adversely financially impacted due to 39 the COVID-19 pandemic. Credits shall be issued to each Alaska Waste utility customer account. 40 41 Section 2. The Borough manager is authorized and directed to take such steps as are required 42 to implement the utility relief credit program. 43 44 AGENDA ITEM #13.B.1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By ...Page 17 of 137 Kodiak Island Borough, Alaska Resolution No. FY2021-19 Page 2 of 2 Section 3. The Borough manager is authorized and directed to use the CARES Act Funding 45 appropriated by the Assembly in an amount up to $1,946,00 to cover the cost associated with this 46 utility relief credit program. 47 48 49 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 50 THIS __________ DAY OF _______________, 2020. 51 52 KODIAK ISLAND BOROUGH ATTEST: 53 54 55 ___________________________ ___________________________ 56 William Roberts, Mayor Alise Rice, Borough Clerk 57 58 VOTES: 59 Ayes: 60 Noes: 61 62 AGENDA ITEM #13.B.1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By ...Page 18 of 137 Kodiak Island Borough Solid Waste Utility Relief Program Application Telephone: (907) 486-9323 E-Mail: accountspayable@kodiakak.us Section 1 Applicant Information: Customer Name: Customer Account Number: Phone Number:E-Mail Address: Service Address of Property: Mailing Address: City:State:Zip Code: Section 2 Eligibility Questions: Yes Yes No No 1. The applicant must have an active solid waste utility account with Alaska Waste. 2. The applicant was financially impacted by the COVID-19 public health emergency and is in need of assistance to pay Alaska Waste solid waste utility bills. If you answered No to either of the questions above, you are not eligible for this grant program. Eligible applicants will receive an automatic credit to their Alaska Waste utility account to cover actual charges. Section 3 Certification: By signing this application, I certify the following under penalty of perjury: 1. The information contained in this application is true and complete to the best of my knowledge, information, and belief. 2. Understand that $318.50 is the maximum amount of allowable relief per active account. Initials: Section 4 Signature: If any information provided on this application is found to be false or incorrect, the applicant will be deemed immediately in default and all payments made by the Borough to the applicant's utility account will be reversed. This application shall be deemed a valid original instrument if delivered electronically (e.g., facsimile, PDF, ink or digital stamp, etc.). Signature Printed Name Date AGENDA ITEM #13.B.1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By ...Page 19 of 137 Will payment be automatically applied to my Alaska Waste account or will the Borough mail me a check? Eligible applicants will receive an automatic credit applied to their account to cover actual fees for solid waste services. Can a utility relief be applied to a closed account? Per federal guidelines, under no circumstances can a utility relief be applied to a closed account. What constitutes economic hardship or financial impact due to COVID-19? The economic impact of the pandemic has been wide-reaching and is unique to each person and business. Examples include, but are not limited to: - A household where a member(s) has lost a job, has had hours cut back, has not been able to work for any COVID-19 reason, or has not been able to find work due to the impact of COVID-19 closures on the economy. - A household that has incurred personal expense to ensure safety of themselves and family members. - Households who have incurred COVID-19 related increased expenses relating to health/mental health care during the pandemic. - Costs relating to meeting quarantine requirements. - Costs relating to falling ill with COVID-19. - A family that has incurred costs relating to ensuring children are able to attend school remotely. - A business who was forced to shut down due to state mandates. - A business who feels it is unsafe to operate at the same capacity as before. - A business which is incurring additional expense due to cleaning or the need to purchase protective equipment. Who can I contact for assistance with applying for the solid waste utility relief program? For general questions about the program, please contact the Kodiak Island Borough: - By e-mail at accountspayable@kodiakak.us - By phone at (907) 486-9323 AGENDA ITEM #13.B.1. Resolution No. FY2021-19 Approving The Utility Relief Credit Program By ...Page 20 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide Funding To The City Of Kodiak, Purchase Of Testing Supplies And Expenditures Of Balance For Covid19 Community Impacts. ORIGINATOR: Michael Powers RECOMMENDATION: Move to advance Ordinance No. FY2021-01D to public hearing at the next regular meeting of the assembly on November 5, 2020. DISCUSSION: The Borough is eligible to receive up to $5,792,500.90 in Federal CARES Act (Coronavirus Aid, Relief, and Economic Security) grant funds via the State of Alaska. The funding occurs in three payments: • $4,836,892.90 (83.5% of total amount) received on 06/26/2020 • $477,804.00 (8.25% of total amount) will be received after 80% ($3,869,514) of 1st payment is expended • $477,804.00 (8.25% of total amount) will be received after 80% ($382,243) of 2nd payment is expended Any money not expended prior to December 31, 2020 must to returned to the State of Alaska. The Assembly has previously approved funding for the Schools, the Borough, business and non -profit grants. In addition, money was held in reserve for unplanned needs and the potential for a change in the law to allow less restrictions regarding the use of funds. At work session, discuss occurred regarding the funding request by the City, the need for testing supplies, and a discussion credit Solid Waste customers to offset financial difficulties they have experienced due to COVID19. Discussion centered around the Sitka and City of Kodiak "models" with direction to staff to return with a similar proposal. Staff has reviewed the other jurisdictions proposal and staff has prepared a separate item to deal with the process and requirements for such a credit on customer accounts. In short a flat amount ($500.00 in the City of Kodiak for example) is being funded by CARES to offset financial hardships caused by COVID19. An application and certification of impact is required. In our case, based upon customer counts and assuming a flat credit to all customers, each would see a credit of $318.50 applied to their bill. In regard to testing supplies, we are being forced into the market place and we expe ct a significant demand for testing. Currently, supplies range in price with a low price of $41 per test for needed supplies. Appropriating $400,000 would provide enough test supplies for 9750 (we have used over 13000 tests since March). We expect the fish processing regulations, cases on the island and travel demands to increase or stay strong, thus creating a significant ongoing demand. Further, by providing the materials for the tests, it lessens the overall potential costs to those receiving the tests. ALTERNATIVES: There are a number of alternatives that have been discussed, but in any event, due to the AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 21 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough deadlines we face, a plan of action should be adopted. FISCAL IMPACT: Discussed above. OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 22 of 137 Projected Total Costs Amended Total Amended Expenditure Encumbered Remaining Notes Staff Final Medical $ 104,000.00 $ 79,165.30 $ 183,165.30 $ 7,802.21 $ 134,107.84 $ 41,255.25 $ 91,582.65 Temporary medical facilities $ 100,000.00 $ (92,500.00) $ 7,500.00 $ - $ 7,500.00 $ - 3750 Testing tent & testing supplies $ 4,000.00 $ 46,000.00 $ 50,000.00 $ 2,555.70 $ 18,500.00 $ 28,944.30 25000 Medical response expenses including emergency medical transports $ - $ 1,000.00 $ 1,000.00 $ 581.21 $ - $ 418.79 500 Field Hospital 2x $ - $ 120,000.00 $ 120,000.00 $ - $ 108,107.84 $ 11,892.16 60000 Cadavar bags $ - $ 4,665.30 $ 4,665.30 $ 4,665.30 $ - $ - 2332.65 Public Health $ 304,552.00 $ 18,300.00 $ 322,852.00 $ 95,179.80 $ - $ 227,672.20 $ 161,426.00 EOC Operating Costs $ 45,141.00 $ - $ 45,141.00 $ 28,579.53 $ - $ 16,561.47 22570.5 Scope of Work, Justification and Estimated Funds Meals for EOC and National Guard staff (Cost Savers, Henry's, Subway, Walmart, Monk's Rock, Noodles, Kodiak Hana, Safeway, Java Flats, Kings Diner) from March 13 to August 24; cable/internet & telephone services; pump port units/cleaning port units/dumpsters at North Star, East Elementary testing sites POTENTIAL SHARED COSTS Temporary use of Marian Center as a temporary shelter for period from April 1, 2020 to August 31, 2020, and can be extended on a month-to-month basis for $1,500 per month. Rental of 2 20' x 30' rain fly tents from Kodiak Lions Club @ $150 per tent per week for 15 weeks as testing tents at the airport; purchase of 20' x 50' replacement tent with shipping cost included COVID-19 processing surcharge for medical transports by 3rd party ambulance biller for April, May & June Inflatable Surge Capacity Shelter, 24 ft x 40 ft x 11 ft, in the event that there is an increase in confirmed cases needing medical treatment & shelter AGENDA ITEM #13.C.1.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 23 of 137 Communication of health mandates costs $ 17,497.00 $ - $ 17,497.00 $ 10,880.27 $ - $ 6,616.73 8748.5 PPE - personal protective equipment $ 241,914.00 $ - $ 241,914.00 $ 52,040.00 $ - $ 189,874.00 120957 Quarantine & isolation expenses $ - $ 18,300.00 $ 18,300.00 $ 3,680.00 $ - $ 14,620.00 9150 Compliance $ 206,553.84 $ 56,828.36 $ 263,382.20 $ 168,254.08 $ - $ 95,128.12 $ 64,191.10 School district building use $ 100,000.00 $ - $ 100,000.00 $ 100,000.00 $ - $ - 50000 Mobile reader board signs 4x $ 40,000.00 $ 50,000.00 $ 90,000.00 $ 39,871.88 $ 50,128.12 - Web camera and microphones for ESC broadcasts and Council meetings $ 21,553.84 $ 6,828.36 $ 28,382.20 $ 28,382.20 $ - $ 0.00 14191.1 borough) $ 45,000.00 $ 45,000.00 $ 45,000.00 shared cost for receptionist.45000 $ 272,199.75 $ 570,105.84 $ 154,293.66 $ 724,399.50 $ 271,236.09 $ 134,107.84 $ 319,055.57 Purchased two full matrix display (28 pixels x 50 pixels) portable changeable message signs from American Signal Company and will be ordering two additional signs to promote COVID-19 public health Web camera, software (Filmaker Pro for EOC PIO), server firewall software, microphone & wireless microphone for ESC broadcasts ($4,578.10) Banners; radio commercials on COVID-19 public health; bikes for winners of the banners/social distancing contest Materials donated to mask makers $2,419.39; Masks for free distribution to community $31,350.00 Expenses for 2 rooms assigned for quarantine and isolation purposes @ $150 per night per room for August and September Contribution to KIBSD for use of their facilities to set up EOC, testing sites & alternate care facility AGENDA ITEM #13.C.1.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 24 of 137 Preliminary Budget As of August 24, 2020 CARES Act Preliminary Budget 08242020 - Mtg with KIB (003)Page 1 City of Kodiak CARES Act Relief Fund 11,986,902.51$ First Payment (received on June 11, 2020)5,338,977.51$ Second Payment 3,323,962.50$ Third Payment 3,323,962.50$ (80% of 1st payment) = 4,271,182.01$ Scope of Work, Justification and Estimated Funds Projected Total Costs Amended Projected Total Amended Costs Expenditure Encumbered Balance Remaining Notes 50%30% Medical 1,044,000.00$ 289,165.30$ 1,333,165.30$ 1,039,022.17$ 134,107.84$ 160,035.29$ 1 Temporary medical facilities 100,000.00$ (92,500.00)$ 7,500.00$ -$ 7,500.00$ -$ Temporary use of Marian Center as a temporary shelter for period from April 1, 2020 to August 31, 2020, and can be extended on a month-to- month basis for $1,500 per month.3,750.00$ 2,250.00$ 2 Testing tent & testing supplies 4,000.00$ 46,000.00$ 50,000.00$ 2,555.70$ 18,500.00$ 28,944.30$ Rental of 2 20' x 30' rain fly tents from Kodiak Lions Club @ $150 per tent per week for 15 weeks as testing tents at the airport; purchase of 20' x 50' replacement tent with shipping cost included 25,000.00$ 15,000.00$ 3 Emergency supply storage building 900,000.00$ 200,000.00$ 1,100,000.00$ 1,031,219.96$ 68,780.04$ 4 Building security 40,000.00$ 10,000.00$ 50,000.00$ -$ -$ 50,000.00$ 5 Medical response expenses including emergency medical transports -$ 1,000.00$ 1,000.00$ 581.21$ -$ 418.79$ COVID-19 processing surcharge for medical transports by 3rd party ambulance biller for April, May & June 500.00$ 300.00$ 6 Field Hospital 2x -$ 120,000.00$ 120,000.00$ -$ 108,107.84$ 11,892.16$ Inflatable Surge Capacity Shelter, 24 ft x 40 ft x 11 ft, in the event that there is an increase in confirmed cases needing medical treatment & shelter 60,000.00$ 36,000.00$ 7 Cadavar bags -$ 4,665.30$ 4,665.30$ 4,665.30$ -$ -$ Public Health 1,893,552.00$ 170,616.53$ 2,064,168.53$ 240,685.75$ 240,308.60$ 1,583,174.18$ 8 EOC Operating Costs 45,141.00$ -$ 45,141.00$ 28,579.53$ -$ 16,561.47$ Meals for EOC and National Guard staff (Cost Savers, Henry's, Subway, Walmart, Monk's Rock, Noodles, Kodiak Hana, Safeway, Java Flats, Kings Diner) from March 13 to August 24; cable/internet & telephone services; pump port units/cleaning port units/dumpsters at North Star, East Elementary testing sites 22,570.50$ 13,542.30$ 9 Communication of health mandates costs 17,497.00$ -$ 17,497.00$ 10,880.27$ -$ 6,616.73$ Banners; radio commercials on COVID-19 public health; bikes for winners of the banners/social distancing contest 8,748.50$ 5,249.10$ 10 PPE - personal protective equipment 241,914.00$ -$ 241,914.00$ 52,040.00$ -$ 189,874.00$ Materials donated to mask makers $2,419.39; Masks for free distribution to community $31,350.00 11 Janitorial services for quarantined vessels & testing sites 25,000.00$ -$ 25,000.00$ 5,780.00$ -$ 19,220.00$ 12 Disinfection of public areas or facilities 150,000.00$ (30,000.00)$ 120,000.00$ -$ 118,136.10$ 1,863.90$ 13 Quarantine & isolation expenses -$ 18,300.00$ 18,300.00$ 3,680.00$ -$ 14,620.00$ Expenses for 2 rooms assigned for quarantine and isolation purposes @ $150 per night per room for August and September 9,150.00$ 5,490.00$ 14 KPD HVAC System - for sanitary purposes ($400,000 - $700,000)700,000.00$ -$ 700,000.00$ -$ -$ 700,000.00$ 15 KPD patrol vehicles 3x - eliminates the need to share fleet vehicles and reduces the spread of contagious diseases 180,000.00$ -$ 180,000.00$ -$ 120,000.00$ 60,000.00$ 16 Technical assistance - legal expenses 10,000.00$ 5,000.00$ 15,000.00$ 9,190.00$ 2,172.50$ 3,637.50$ 17 Cleaning & supplies for all facilities 24,000.00$ -$ 24,000.00$ 3,219.42$ -$ 20,780.58$ 18 Stryker gurney & auto loading system for ambulance -$ 127,316.53$ 127,316.53$ 127,316.53$ -$ -$ 19 Vactor truck for cleaning wastewater and sanitization systems due to an increase in disposal of used PPE including masks and cleaning wipes 500,000.00$ (400,000.00)$ 100,000.00$ -$ -$ 100,000.00$ 20 Unitary public restrooms (The Portland Loo) 4x -$ 450,000.00$ 450,000.00$ -$ -$ 450,000.00$ Payroll 4,224,213.00$ 56,992.00$ 4,281,205.00$ 1,988,071.40$ -$ 2,293,133.60$ 21 EOC Payroll Costs 437,859.00$ (20,508.00)$ 417,351.00$ 170,278.14$ -$ 247,072.86$ 22 Payroll costs for first responders & ESC Director 3,783,854.00$ -$ 3,783,854.00$ 1,792,005.81$ -$ 1,991,848.19$ 23 Payroll costs for disinfecting, cleaning public areas and facilities 2,500.00$ 27,500.00$ 30,000.00$ 10,586.34$ -$ 19,413.66$ 24 Payroll costs for administrative support for front counter & CARES Act expenditure tracking -$ 50,000.00$ 50,000.00$ 15,201.11$ -$ 34,798.89$ Compliance 404,593.84$ 352,343.54$ 756,937.38$ 263,787.08$ 33,532.31$ 459,617.99$ 25 School district building use 100,000.00$ -$ 100,000.00$ 100,000.00$ -$ -$ Contribution to KIBSD for use of their facilities to set up EOC, testing sites & alternate care facility 50,000.00$ 30,000.00$ 26 Sick leave and paid family and medical leave 10,323.00$ 29,677.00$ 40,000.00$ 12,724.68$ -$ 27,275.32$ 27 Mobile reader board signs 4x 40,000.00$ 50,000.00$ 90,000.00$ 39,871.88$ 50,128.12$ Purchased two full matrix display (28 pixels x 50 pixels) portable changeable message signs from American Signal Company and will be ordering two additional signs to promote COVID-19 public health 45,000.00$ 27,000.00$ 28 - Laptops for remote work 15x 16,600.00$ (41.50)$ 16,558.50$ 16,558.50$ -$ -$ Reporting Period from March 1 to August 21, 2020 AGENDA ITEM #13.C.1.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 25 of 137 Preliminary Budget As of August 24, 2020 CARES Act Preliminary Budget 08242020 - Mtg with KIB (003)Page 2 City of Kodiak CARES Act Relief Fund 11,986,902.51$ First Payment (received on June 11, 2020)5,338,977.51$ Second Payment 3,323,962.50$ Third Payment 3,323,962.50$ (80% of 1st payment) = 4,271,182.01$ Scope of Work, Justification and Estimated Funds Projected Total Costs Amended Projected Total Amended Costs Expenditure Encumbered Balance Remaining Notes 50%30% Reporting Period from March 1 to August 21, 2020 29 - Increase Citywide bandwidth, network & records management software upgrades to accommodate work-from-home 19,200.00$ 30,800.00$ 50,000.00$ 3,048.49$ 46,951.51$ 30 - Mobile software and laptops for KPD 101,638.00$ -$ 101,638.00$ 32,842.65$ 33,532.31$ 35,263.04$ 31 - Ipads, mobile video conferencing application and agenda management software for virtual Council meetings 7,000.00$ 14,836.66$ 21,836.66$ 21,836.66$ -$ -$ 32 - Web camera and microphones for ESC broadcasts and Council meetings 21,553.84$ 6,828.36$ 28,382.20$ 28,382.20$ -$ 0.00$ Web camera, software (Filmaker Pro for EOC PIO), server firewall software, microphone & wireless microphone for ESC broadcasts ($4,578.10)14,191.10$ 8,514.66$ 33 - Smart Board and accessories at the Fire Department 8,279.00$ 243.02$ 8,522.02$ 8,522.02$ -$ -$ 34 Restroom facilities upgrade 40x 80,000.00$ -$ 80,000.00$ -$ -$ 80,000.00$ 35 Web-based applications for HR and Sales Tax -$ 70,000.00$ 70,000.00$ -$ -$ 70,000.00$ 36 Harbor surveillance cameras -$ 100,000.00$ 100,000.00$ -$ -$ 100,000.00$ 37 Online/electronic payment capabilities for all citywide fees -$ 50,000.00$ 50,000.00$ -$ -$ 50,000.00$ Economic Support 3,033,222.00$ -$ 3,033,222.00$ 2,433,222.00$ -$ 600,000.00$ 38 COK-KEDC Small Business Emergency Grants Program 3,000,000.00$ -$ 3,000,000.00$ 2,400,000.00$ -$ 600,000.00$ 39 Economic support for Alaska Municipal League 33,222.00$ -$ 33,222.00$ 33,222.00$ -$ -$ Others 25,405.00$ 10,926.83$ 36,331.83$ 36,331.83$ -$ -$ 40 Administrative costs for SBEG Program (KEDC)25,000.00$ -$ 25,000.00$ 25,000.00$ -$ -$ 41 Communication costs for small business emergency grants program 405.00$ -$ 405.00$ 405.00$ -$ -$ 42 Audit expenses for Single Audit related to CARES Act -$ 10,926.83$ 10,926.83$ 10,926.83$ -$ -$ TOTAL 10,624,985.84$ 880,044.20$ 11,505,030.04$ 6,001,120.23$ 407,948.75$ 5,095,961.06$ 238,910.10$ 143,346.06$ Contingency 481,872.47$ Note: Items highlighted in yellow to be discussed with KIB for cost sharing AGENDA ITEM #13.C.1.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 26 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-01C Page 1 of 2 1 Introduced by: Borough Manager 2 Drafted by: Finance Director and Borough Attorney 3 Introduced on: 08/06/2020 4 Public Hearing Date: 08/20/2020 5 Amended/Adopted on: 08/20/2020 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2021-01D 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 ORDINANCE NO. FY2021-01, FY2021 BUDGET, TO ACCOUNT FOR FEDERAL CARES 11 (CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY) ACT REVENUES THAT ARE 12 OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS 13 BETWEEN PROJECTS. 14 15 WHEREAS,the assembly acknowledges during the recent COVID-19 pandemic many of our 16 citizens and businesses are experiencing financial hardships; and 17 18 WHEREAS, the Federal Government provided funding under Section 601(a) of the Social 19 Security Act, and added by section 5001 of the CARES (Coronavirus Aid, Relief and Economic 20 Security) Act in response to the recent pandemic; and 21 22 WHEREAS,the Assembly passed resolution FY2020-32 accepting the CARES Act grant in 23 the of $5,792,501 for the benefit of the Kodiak Island Borough community; and 24 25 WHEREAS, the Borough received the first of three payments in the amount of $4,836,892.90 26 on June 26, 2020; and 27 28 WHEREAS, the Assembly requests a transfer of $1,570,000 to the KIBSD (Kodiak Island 29 Borough School District) for physical improvements to buildings, custodial cleaning staff, 30 distance learning, distancing barriers, PPE and other related supplies; and 31 32 WHEREAS, the Assembly requests $1,200,000 to the Borough for physical improvements to 33 buildings, staffing expenses for EOC (Emergency Operations Center), quarantines and 34 elections, distancing barriers, PPE and other related supplies; and 35 36 WHEREAS, the Assembly requests a $1,000,000 budget increase for the payment of non- 37 profit grants; and 38 39 WHEREAS, the Assembly requests a $500,000 budget increase for the payment of KEDC 40 (Kodiak Economic Development Corporation) recommended business grants; and 41 42 WHEREAS, the after hearing public testimony, the Assembly now desires to amend the 43 FY2021 budget and to and appropriate the funds from the Cares Act Grant accepted by 44 Resolution FY2020-32; and 45 AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 27 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-01C Page 2 of 2 46 WHEREAS,the Assembly, after Budget Ordinance 2021-01C was adopted wishes to make 47 additional changes to reflect the needs of those impacted by COVID19, to wit: residential refuse 48 customers; and 49 50 WHEREAS, the Assembly wishes to provide additional funding to acquire testing supplies 51 used for detection of COVID19. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 54 BOROUGH THAT: 55 56 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 57 Kodiak Island Borough Code of Ordinances. 58 59 Section 2: A $1,570,000 payment will be made to KIBSD through the central treasury. 60 61 Section 3: A $854,000 transfer to the Borough’s COVID-19 project. 62 63 Section 4: The budget for non-profit grants will be decreased by $282,500 to fund grants. 64 65 Section 5: The project budget for business grants will be unchanged. 66 67 Section 6: $205,000 for shared expenses with the City of Kodiak 68 69 Section 7:$1,946,000 for distribution to account holders of solid waste collection accounts 70 as defined by resolution. 71 72 Section 8: The amounts listed in sections 2 through 7 of this ordinance are hereby 73 appropriated for the purposes stated. 74 75 Effective Date: This ordinance takes effect upon adoption. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS TWENTIETH DAY OF AUGUST, 2020. 79 80 KODIAK ISLAND BOROUGH 81 ATTEST: 82 83 ___________________________ 84 William Roberts, Mayor ___________________________ 85 Alise L. Rice, Borough Clerk 86 VOTES: 87 Ayes: Dvorak, Kavanaugh, Schroeder, Skinner, Turner, and Arndt 88 Noes: AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 28 of 137 mm oo'ooo‘soz S 00'000'9V6'I S 00'O0S'LIL S oo'uoo'oos S 0O'O00'0LS'I5 00‘0O0'V58 S 00‘00S'ZZS'IS 00'000'000'I s 0o‘ooo’oos s 00'OO0'0L§'I S oo'oou'ooz't S 0O'0OS'ZZS'IS 00'000'00S $ 00'000'O0O'IS O0'000'OLS'IS 0O'00O'O0Z'IS W90):10 A1 0 SJ9p|0H zunoaavease/v\puns a/uasau S]gOJd- UON sassaugsng 13!J15!Cl|°°‘PS q?nmoa (pasodmd)z uagsgnau I UO!5!I\3H xa?pna |E|-|!3!J0 wall -Iaqopo 00'O0S'Z6L'SO0'0D§'Z6L'§00'O05'Z6£'S AGENDA ITEM #13.C.1.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 29 of 137 CARES Funding Request City of Kodiak Questions and Issues Raised 1. The spreadsheet provided by the City contains numerous lines of expenditures including incumbered. Which column of expenses is being requested as the funding amount? Response: 2. Funding is being proposed for the School District. What is the purpose of the funding? Response: The funds are to offset expenses related to moving of schools resources to make room for the temporary care center and use of the EOC as well as related deep cleaning and related efforts. 3. Is the funding request for 4 signs? How will this work operationally. Response: The funding would be for 4 signs. No discussion on operational aspects. 4. Webcams-are these for the City Council, the Emergency Services Council or both? Response: The funds requested are for equipment used by the ESC and the EOC for meetings, video meetings and Facebook. 5. Is the request for $31,000 for PPE (Masks) Response: Yes. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 30 of 137 CARES Funding Request City of Kodiak Questions and Issues Raised 1. The spreadsheet provided by the City contains numerous lines of expenditures including incumbered. Which column of expenses is being requested as the funding amount? Response: 2. Funding is being proposed for the School District. What is the purpose of the funding? Response: The funds are to offset expenses related to moving of schools resources to make room for the temporary care center and use of the EOC as well as related deep cleaning and related efforts. 3. Is the funding request for 4 signs? How will this work operationally. Response: The funding would be for 4 signs. No discussion on operational aspects. 4. Webcams-are these for the City Council, the Emergency Services Council or both? Response: The funds requested are for equipment used by the ESC and the EOC for meetings, video meetings and Facebook. 5. Is the request for $31,000 for PPE (Masks) Response: Yes. AGENDA ITEM #13.C.1. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 31 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R1 - Single Family Residential And Pl - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002). ORIGINATOR: Erin Welty RECOMMENDATION: Move to advance Ordinance No. FY2021-18 to public hearing at the next regular meeting of the assembly on November 5, 2020. DISCUSSION: This rezone request was submitted by the City of Larsen Bay in conjunction with an abbreviated plat request to subdivide the same parcel. Each request will be conditional on the approval of the other. The intent is for proposed Lot 2, the larger parcel, to be retained by a private party and rezoned to R1- Single-family residential, while the smaller parcel, proposed Lot 1, will be donated to the Larsen Bay Tribal Council and rezoned to PL-Public Use Land in order to maintain the existing graves and cultura l resources found there. The rezone of this portion of Tract 37, T30S R29W, Section 32 located in the city of Larsen Bay will assist in facilitating an exchange between the City of Larsen Bay and Mike Carlson, a private landowner in Larsen Bay. The City needs a mechanic shop and has proposed the trade of the subject parcel for a suitable shop owned by Mr. Carlson. The intent of both parties is for Mr. Carlson to retain 3.2798 acres of the subject parcel (proposed Lot 2) while 1.1593 acres (proposed Lot 1) will be donated to the Larsen Bay Tribal Council to preserve existing gravesites on the lot. The subdivision of the subject parcel received preliminary approval on August 20, 2020, conditional on the approval of this rezone. The 2008 Kodiak Island Borough Comprehensive Plan does not provide a clear future land use designation larger, of treatment typical to appears be However, parcel. subject the for that undeveloped parcels around the villages in the 2008 plan. There is language that indicates all land outside cities and unincorporated communities should be zoned Conservation. However, this parcel falls well within the Larsen Bay boundaries. The 1984 Larsen Bay Comprehensive Plan did designate the future use of this lot as residential. Therefore, this rezone would bring a portion of this parcel in line with the direction of that plan. The 1984 Larsen Bay plan also stated a Land Use Goal of “maintaining the general pattern of existing land uses while providing suitable land use areas for expected community growth.” Objective #4 of that goal was to “Protect the historically and archaeologically significant lands.” Rezoning the portion of the subject lot containing the existing gravesites to PL-Public Use Land and dedicating it to the Tribal Council satisfies that objective. In 1977, Ordinance 1977-15-O was passed which rezoned all previously unclassified lands as C - Conservation. The subject parcel was part of that rezone, which created a non -conforming lot based on the minimum lot size for the C-Conservation District. Lots zoned Conservation are required to have a minimum lot size of 5 acres. The subject parcel is 4.4391 acres. Because the parcel is non - conforming, without an approved rezone. Rezoniit will be prohibited from subdividing ng and subdividing this parcel will bring it into compliance from a lot size standpoint for both proposed parcels. AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 32 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough Additionally, lots directly across the street are zoned R1 – Single-Family Residential, so the rezoning of proposed Lot 2 to R1 is consistent with the neighborhood. Within the residential area adjacent to this lot, there are several parcels held as PL – Public Use Land. Rezoning proposed Lot 1 to Public Use would be consistent with previous practices and would preserve and respect the cultural history of Larsen Bay by allowing the maintenance of existing grave sites and allowing additional grave sites to be placed there. Public Use is the only zone that permits cemetery use. ALTERNATIVES: FISCAL IMPACT: $0 OTHER INFORMATION: AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 33 of 137 Kodiak Island Borough Ordinance No. FY2021-18 Form Ver. 06/30/2009 Page 1 of 2 Introduced by: Community Development Department 1 Requested by: City of Larsen Bay 2 Drafted by: Community Development Department 3 Introduced on: 10/15/2020 4 Public Hearing Date: 5 Adopted on: 6 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2021-18 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 12 PORTION OF TRACT 37, TOWNSHIP 30 SOUTH, RANGE 20 WEST, SECTION 32, SEWARD 13 MERIDIAN FROM C – CONSERVATION TO R1 – SINGLE FAMILY RESIDENTIAL AND PL – 14 PUBLIC USE LAND (ZONING WILL CORRESPOND TO LOTS CREATED BY ABBREVIATED 15 SUBDIVISION S21-002). 16 17 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 18 platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and 19 20 WHEREAS, in accordance with AS 29.40, the City of Larsen Bay Comprehensive Plan was 21 adopted by resolution as a subset of the KIB comprehensive plan on November 1, 1984; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 24 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 28 thereon by the commission and public hearing as required by law, amend, supplement, modify, 29 repeal or otherwise change these regulations and the boundaries of the districts”; and 30 31 WHEREAS, the property owner applied for a rezone of this property from C-Conservation to R1 32 – Single Family Residentialand PL – Public Use Land on July 30, 2020; and 33 34 WHEREAS, staff finds the request to be consistent with the Comprehensive Plan; and 35 36 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning and 37 Zoning Commission considered the merits of the rezone request on September 16, 2020; and 38 39 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 40 that the site be rezoned from C – Conservation District to R1 – Single Family Residential and PL 41 – Public Use Lands, finding that the public necessity, convenience, general welfare, and good 42 zoning practice would be enhanced by such action. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 Section 2: A portion of Tract 37, Township 30 South, Range 20 West, Section 32, Seward 51 Meridian is hereby rezoned from C – Conservation to R1 – Single Family 52 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 34 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-18 Page 2 of 2 Residential and PL – Public Use Land (per corresponding Subdivision S21-002), 53 subject to one effective clause: 54 55 1. Rezone will become effective when the final plat for Abbreviated Case S21-56 002 is filed. 57 58 59 Section 3: By this ordinance, the Borough Assembly adopts the following Findings of Fact in 60 support of their approval of this rezone. 61 62 1. Rezoning the subject parcel is required to facilitate subdivision of the parcel. 63 2. Rezoning the parcel to correspond with the proposed lots granted 64 preliminary approval would bring the parcel/s from non-conforming to 65 conforming in accordance with current use and minimum lot size 66 requirements. 67 3. The land exchange that will be facilitated by the rezone and subdivision of 68 this parcel will benefit the community of Larsen Bay. 69 4. This rezone request is consistent with the goals and objectives of the 1984 70 Larsen Bay Comprehensive Plan. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS _________ DAY OF __________, 2020. 74 75 KODIAK ISLAND BOROUGH 76 ATTEST: 77 ___________________________ 78 William Roberts, Mayor ___________________________ 79 Alise L. Rice, Borough Clerk 80 VOTES: 81 Ayes: 82 Noes: 83 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 35 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.2.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 36 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.2.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 37 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.2.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 38 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Case 21-003 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 16, 2020 for the request described in this notice. The public hearing will take place as part of the regular meeting of the Kodiak Island Borough Planning and Zoning Commission. The regular meeting will begin at 6:30 p.m. in the Borough Assembly Chambers located at 710 Mill Bay Road, Kodiak, Alaska. The Planning and Zoning Commission will hear comments, if any, on this request at that time. CASE: 21-003 APPLICANT: City of Larsen Bay REQUEST: A rezone of a portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian from C – Conservation to R1 – Single Family Residential and PL – Public Use Land (zoning will correspond to lots created by abbreviated subdivision S21-002). LOCATION: NHN Third St. ZONING: C - Conservation Location/Property Notification Area Map This notice is being sent to you because our records indicate you are a property owner/interested party in the notification area of the request (KIBC 17.195.040). If you do not wish to testify verbally, you may provide your comments in the space on the back of this page or in a letter to the Community Development Department. Written comments must be received by 3 pm on the day of the scheduled hearing to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to pzcomments@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll-free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, September 9, 2020, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 39 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Case 21-003 Your Name: Address: Your Property Description: COMMENTS: PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 40 of 137 FIRST_NAME LAST_NAMEMAIL_LINE_1 MAIL_LINE_2MAIL_CITY MAIL_STATE MAIL_ZIPCITY OF LARSEN BAYPO BOX 8 LARSEN BAY, AK 99624KIHA3137 MILL BAY RD KODIAK, AK 99615KODIAK ISL HSG AUTH/ALPIAK3137 MILL BAY RD KODIAK, AK 99615KODIAK ISL HSG AUTH/JOHNSTON3137 MILL BAY RD KODIAK, AK 99615KODIAK ISL HSG AUTH/PANAMAROFF3137 MILL BAY RD KODIAK, AK 99615KODIAK ISLAND BOROUGH710 MILL BAY RD KODIAK, AK 99615LARSEN BAY LODGE INCPO BOX 92 LARSEN BAY, AK 99624LARSEN BAY TRIBAL COUNCILPO BOX 50 LARSEN BAY, AK 99624STATE OF ALASKAPO BOX 11250 3132 CHANNEL DR JUNEAU, AK 99811‐2500TIAN SHAN HOLDINGS LLCPO BOX 128 LARSEN BAY, AK 99624UYAK BAY LLCPO BOX 128 LARSEN BAY, AK 99624ALLEN PANAMAROFFPO BOX 145 LARSEN BAY, AK 99624ARNOLD CHARLIAGA2320 DENNIS WAY ANCHORAGE, AK 99515AUGUST AGAPO BOX 8625 KODIAK, AK 99615BRIAN BLONDINPO BOX 159 KODIAK, AK 99615BRUCE KOSOSKIPO BOX 128 LARSEN BAY, AK 99624CHRISTIAN ARNESONPO BOX 152 LARSEN BAY, AK 99624DARLENE JOHNSONPO BOX 15 LARSEN BAY, AK 99624DAVID HARMESPO BOX 83 LARSEN BAY, AK 99624DIOCESE OF SITKA AND ALASKA ORTHODOX CHURCH IN AMERICA INC PO BOX 210569 ANCHORAGE, AK 99521ELI SQUARTSOFFPO BOX 26 LARSEN BAY, AK 99624EMERY SKOLFIELD ETAL C/O ARCHIE PETERSON PO BOX LVDMC GRATH, AK 99627FRANK CARLSONPO BOX 92 LARSEN BAY, AK 99624FREIDA PANAMAROFFC/O BIA 3601 C STREET #1100 ANCHORAGE, AK 99503JACK WICKPO BOX 48 LARSEN BAY, AK 99624JACOB WICKPO BOX 48 LARSEN BAY, AK 99624JEFFREY RONN9944 W PATRICK LN PEORIA, AZ 85383JOANN EWALD11186 HWY 1 COOK, MN 55723KIHA3137 MILL BAY RD KODIAK, AK 99615LARS NAUM0FF309 ERSKINE AVE #205 KODIAK, AK 99615MARGIE HELMSPO BOX 126 LARSEN BAY, AK 99624MARILYN AGAP O BOX 152 LARSEN BAY, AK 99624MARILYN AGA ETALP.O. BOX 152 LARSEN BAY, AK 99624MARK JEFFREY KNEEN LIVING TRUST1712 AILOR RD DEARY, ID 83823PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 41 of 137 MARLENE KENOYERPO BOX 34 LARSEN BAY, AK 99624NATIVE VILLAGE LARSEN BAYPO BOX 50 LARSEN BAY, AK 99624PANDA PROPERTIES LLCPO BOX 845 SALEM, UT 84653ROY JONESPO BOX 90 LARSEN BAY, AK 99624SAMUEL HALBERT2665 FREEMAN RD NORTH POLE, AK 99705SANDRA KATELNIKOFF‐LESTERPO BOX 538 KODIAK, AK 99615SARAH BLONDINPO BOX 159 KODIAK, AK 99615TAMMY HELMS3805 EAST COTTONWOOD WAY WASILLA, AK 99654TIMOTHY HURLEYPO BOX 864 KODIAK, AK 99615VENESSA HOCHMUTHC/O 1912 MILL BAY ROAD #9 KODIAK, AK 99615VICTOR M CARLSONPO BOX 92 LARSEN BAY, AK 99624VIRGINIA STANTONPO BOX 124 LARSEN BAY, AK 99624WILLIAM PERKINS32838 OLD BUNKER HILL ROAD ST HELENS, OR 97051PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 42 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 43 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 44 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 45 of 137 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 46 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT REPORT DATE: 9/1/2020 TO: Planning and Zoning Commission FROM: Community Development Department CASE NO: 21-003 REQUEST: A rezone of a portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian from C – Conservation to R1 – Single Family Residential and PL – Public Use Land (zoning will correspond to lots created by abbreviated subdivision S21-002). RECOMMENDATION: Staff recommends the commission forward this rezone request to the Kodiak Island Borough with a recommendation for approval. APPLICANT: City of Larsen Bay LOCATION: NHN Third St., Larsen Bay LEGAL: A portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian. LOT SIZE: Proposed Lot 1 – 1.1593 acres Proposed Lot 2 – 3.2798 acres CURRENT USE: Vacant; a small number of existing burial sites on far west side of lot. CURRENT ZONING: C - Conservation PROPOSED ZONING: Proposed Lot 1 – PL – Public Use Land Proposed Lot 2 – R1 – Single-family Residential SITE VISIT: None NOTICE: The community development department sent a public hearing notice to each owner of property within 1,500 feet from the exterior boundary of the land described in the application. (KIBC 17.195.040). A total of forty-seven (47) public hearing notices were mailed on 8/11/20. As of the date of this report, four comments have been received for this case stating no objection/support of the rezone. SUMMARY OF REZONE REQUEST This rezone request was submitted by the City of Larsen Bay in conjunction with an abbreviated plat request to subdivide the same parcel. Each request will be conditional on the approval of the other. The parcel in question is being negotiated for sale/trade with a private party. The intent is for proposed Lot 2, the larger parcel, to be retained by the private party and rezoned to R1-Single-family residential, PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 47 of 137 Case No. 21-003 Public Hearing Date: September 16, 2020 Page 2 while the smaller parcel, proposed Lot 1, will be donated to the Larsen Bay Tribal Council and rezoned to PL-Public Use Land in order to maintain the existing graves and cultural resources found there. COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION The 2008 Kodiak Island Borough Comprehensive Plan does not clearly specify a future land use zoning for the lot described in this application. The 1984 Larsen Bay Comprehensive Development Plan designates future use as residential. SUMMARY OF SURROUNDING LAND North East South West Land Use Single Family Residences Lodge Airstrip Airstrip Vacant Zoning R1 – Single Family Residential B-Business LI – Light Industrial Light Industrial C - Conservation Comp Plan 2008 KIB Comprehensive Plan Residential Conservation Light Industrial Light Industrial Unidentified PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 48 of 137 Case No. 21-003 Public Hearing Date: September 16, 2020 Page 3 1984 Larsen Bay Comprehensive Plan Residential Conservation Industrial Residential APPLICABLE ZONING 17.50.010 C-Conservation District Description and intent. The C conservation zoning district is established for the purpose of maintaining open space areas while providing for single-family residential, and limited commercial land uses. For the conservation district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the use of land for single-family residential and limited commercial purposes; B. To encourage the continued use of land for open space areas; and C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.75.010 R1-Single-Family Residential District 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. 17.130.010 PL-Public Use Lands District Description and intent. The PL - Public Use Lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 49 of 137 Case No. 21-003 Public Hearing Date: September 16, 2020 Page 4 APPLICABLE REGULATIONS 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). 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. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 50 of 137 Case No. 21-003 Public Hearing Date: September 16, 2020 Page 5 17.205.020 Report from planning and zoning commission (Amendments and changes). The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes). A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission’s action be taken up by the assembly. STAFF ANALYSIS AND RECOMMENDATION STAFF ANALYSIS The rezone of this portion of Tract 37, T30S R29W, Section 32 located in the city of Larsen Bay will assist in facilitating an exchange between the City of Larsen Bay and Mike Carlson, a private landowner in Larsen Bay. The City needs a mechanic shop and has proposed the trade of the subject parcel for a suitable shop owned by Mr. Carlson. The intent of both parties is for Mr. Carlson to retain 3.2798 acres of the subject parcel (proposed Lot 2) while 1.1593 acres (proposed Lot 1) will be donated to the Larsen Bay Tribal Council to preserve existing gravesites on the lot. The subdivision of the subject parcel received preliminary approval on August 20, 2020, conditional on the approval of this rezone. The 2008 Kodiak Island Borough Comprehensive Plan does not provide a clear future land use designation for the subject parcel. However, that appears to be typical treatment of larger, undeveloped parcels around the villages in the 2008 plan. There is language that indicates all land outside cities and unincorporated communities should be zoned Conservation. However, this parcel falls well within the Larsen Bay boundaries. The 1984 Larsen Bay Comprehensive Plan did designate the future use of this lot as residential. Therefore, this rezone would bring a portion of this parcel in line with the direction of that plan. The 1984 Larsen Bay plan also stated a Land Use Goal of “maintaining the general pattern of existing land uses while providing suitable land use areas for expected community growth.” Objective #4 of that goal was to “Protect the historically and archaeologically significant lands.” Rezoning the portion of the subject lot containing the existing gravesites to PL-Public Use Land and dedicating it to the Tribal Council satisfies that objective. In 1977, Ordinance 1977-15-O was passed which rezoned all previously unclassified lands as C- Conservation. The subject parcel was part of that rezone, which created a non-conforming lot based on the minimum lot size for the C-Conservation District. Lots zoned Conservation are required to have a PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 51 of 137 Case No. 21-003 Public Hearing Date: September 16, 2020 Page 6 minimum lot size of 5 acres. The subject parcel is 4.4391 acres. Because the parcel is non-conforming, it will be prohibited from subdividing without an approved rezone. Rezoning and subdividing this parcel will bring it into compliance from a lot size standpoint for both proposed parcels. Additionally, lots directly across the street are zoned R1 – Single-Family Residential, so the rezoning of proposed Lot 2 to R1 is consistent with the neighborhood. Within the residential area adjacent to this lot, there are several parcels held as PL – Public Use Land. Rezoning proposed Lot 1 to Public Use would be consistent with previous practices and would preserve and respect the cultural history of Larsen Bay by allowing the maintenance of existing grave sites and allowing additional grave sites to be placed there. Public Use is the only zone that permits cemetery use. RECOMMENDATION Staff recommends the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to one effective clause. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of a portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian from C – Conservation to R1 – Single Family Residential (proposed Lot 2) and PL – Public Use Land (proposed Lot 1), subject to the recommended effective clause in the staff report dated August 20, 2020, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. EFFECTIVE CLAUSE 1. Rezone will become effective when the final plat for Abbreviated Case S21-002 is filed. FINDINGS OF FACT 1. Rezoning the subject parcel is required to facilitate subdivision of the parcel. 2. Rezoning the parcel to correspond with the proposed lots granted preliminary approval would bring the parcel/s from non-conforming to conforming in accordance with current use and minimum lot size requirements. 3. The land exchange that will be facilitated by the rezone and subdivision of this parcel will benefit the community of Larsen Bay. 4. This rezone request is consistent with the goals and objectives of the 1984 Larsen Bay Comprehensive Plan. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 52 of 137 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 53 of 137 1 Alise Rice From:Randy Blondin <rblondin58@gmail.com> Sent:Thursday, October 15, 2020 2:40 PM To:julie.kavanaugh@kibassembly.org; andy.schroeder@kibassembly.org; rebecca.skinner@kibassembly.org; dennis.symmons@kibassembly.org; james.turner@kibassembly.org; krimsonmusic@icloud.com; duane.dvorak@kibassembly.org; Clerks; smrastopsoff@gmail.com Subject:Rezoning in Larsen Bay Dear Kodiak Borough Assembly Members, This email is concerning Public Hearing Item Case 21-003 - Subdivision S21-002. My name is Randy Blondin and I am addressing this rezoning issue in Larsen Bay. I am uncertain of how many borough assembly members were on the assembly several years ago when my family had zoning issues i n Larsen Bay. But what is happening now, is what happened several years ago.. the correct information is not getting out to the affected people. Like our case several years ago, I was commercial fishing crab on the south end of Kodiak virtually all summer and did not get back until several days ago. However, the facts I am going to present are still very compelling. The proposal before you is for the City of Larsen Bay to rezone land that is classified as Conservation and rezone it to Single Family and Public Use Land. These lands have traditional native burials on them and very few residents of Larsen Bay are aware of this issue. There are now less than 30 residents in Larsen Bay and I have talked with multiple people that are not aware that the mayor is trying to make a deal in which he is trading this sacred land for a small metal building with a dirt floor. In other words, they are attempting to trade priceless land for pennies. I believe everyone would be interested to know what each property would be assessed at. Not to mention, this may expose that there is a great conflict of interest between both parties. Borough staff made a comment at the planning and zoning meeting that “we sent out 40 notices and got 4 positive ones back”. However, borough staff failed to mention that the 4 positive responses were from the 2 parties. 1. Bill Nelson (Mayor) 2. Victor Carlson (which is the legal name for Mike Carlson) 3. Frank Carlson (son of Mike Carlson and part owner) 4. Larsen Bay Lodge Inc. (Mike’s lodge in Larsen Bay) Not to mention, I reviewed the 40 people that were on the mailing list the borough used to notify people of this rezone and it is riddled with mistakes. There are people on the list that are deceased, there are people that moved from the village and have different addresses and there are people that will be affected by this that are not even on the list. My assessment, which is logical one, is that there were no outside parties that made any comments. As I have explained, I was out of town and I have also talked to people in Larsen Bay that have very serious concerns about this rezone. I am asking the borough of assembly to please give more time before any public hearings take place, to allow more time for the residents of Larsen bay to become aware of this lopsided deal. One big question people are asking, is who besides the mayor of Larsen Bay have authorized this deal? Another reason is the fact that moving forward, beyond today's date, there will be two new assembly members that will be on this application and I would like to give them more time to review the facts in this case. Which brings me to another reason, for several days now I have tried to work with borough staff to work together on the facts of this case, however, because the borough is dramatically understaffed with new replacements and because it is currently impossible to meet with anyone because of the COVID-19 situation, it has been impossible for me to meet with anyone from the borough. I have left two messages with the director and three detailed messages with the manager of the Kodiak Island Borough and have received no response. I would also invite assembly members to Larsen Bay, to take a look for themselves, to see what is at stake. Please give me more time to get more information out to the villagers as there should not be a rush to make this important of a decision. Thank you for your time and I would be happen to answer any additional questions you might have. Thank you, AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 54 of 137 2 Randy Blondin 907-512-9494 AGENDA ITEM #13.C.2. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 55 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Various Chapters Of KIBC Title 17 (Zoning) To Address Issues Such As Necessary Updates, Errors And Omissions And Procedural Clarification. ORIGINATOR: Erin Welty RECOMMENDATION: Move to advance Ordinance No. FY2021-19 to public hearing at the next regular meeting of the assembly on November 5, 2020. DISCUSSION: Title 17 (Zoning) of the Kodiak Island Borough Code is the zoning code for the entire borough. It is the most referenced code by the Community Development Department and therefore, mistakes, needed modifications, and updates are noted on a regular basis. The changes proposed in the attached ordinance are those that have been encountered through the course of normal business. Since zoning addresses topics such as building size and location, the intent is to work cohesively with the adopted building code. Multiple discussions found that certain portions of the zoning code addressing minor structural development and those structures and uses requiring a zoning compliance permit to be outdated and inconsistent with the currently adopted building code. Title 17 also references a specific building code, which is no longer the current adopted building code. Following the practice implemented with other revisions, this ordinance changes the language to reference the “current adopted building code.” In the definition section of Title 17, specific descriptions of structures requiring, or not requiring, zoning compliance permit were described, including examples of (outdated) square foot requirements. Regulations should not be included in a definition section. Changes have been made to reflect this. The proposed amendments are consistent with the following Local Government and Land Use goals and implementation actions of the adopted Comprehensive Plan: Local Government Goal: Improve the efficiency of service provision among government agencies within the Borough. • Land Use Goal: Make efficient use of planning staff and other resources. • 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. AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 56 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough ALTERNATIVES: No alternative recommended. FISCAL IMPACT: No Fiscal Impact. OTHER INFORMATION: No Other Information. AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 57 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-19 Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold 2nd Insertion - Green Version 1 Introduced by: Community Development 1 Drafted by: Community Development Director Erin Welty 2 Introduced on: 10/15/2020 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2021-19 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 VARIOUS CHAPTERS OF KIBC TITLE 17 (ZONING) TO ADDRESS ISSUES SUCH AS 11 NECESSARY UPDATES, ERRORS AND OMISSIONS AND PROCEDURAL CLARIFICATION. 12 13 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulation on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; 15 and 16 17 WHEREAS, code revision becomes necessary from time to time due to policy changes, 18 procedural updates and discovered errors; and 19 20 WHEREAS, the Planning and Zoning Commission and the Community Development 21 Department believe that amendments to Title 17 (Zoning) will provide for necessary updates and 22 procedural clarity; and 23 24 WHEREAS, The Planning & Zoning Commission held a work session on September 9, 2020; 25 and 26 27 WHEREAS, after a public hearing on September 16, 2020, the Planning and Zoning 28 Commission voted to transmit the proposed amendments to the Assembly for consideration; and 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 34 Kodiak Island Borough Code of Ordinances. 35 36 Section 2: That Kodiak Island Borough Code Title 17, Zoning, is amended to read as follows: 37 38 AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 58 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-19 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold 2nd Insertion - Green Version 1 Chapter 17.15 39 GENERAL PROVISIONS AND USE REGULATIONS 40 41 17.15.060 Zoning compliance. 42 A. A Zzoning compliance permit is required for site grading (excavation and fill), erection, 43 construction, demolition, establishment, moving, alteration, enlargement, repair, or conversion of 44 any building or structure in any district established by this title, subject to the following: 45 46 1. An application for zoning compliance will be filed with the community development 47 department on a form provided by the department. If the application meets the requirements 48 of this title, as verified in the department, and other applicable regulations, a permit will be 49 issued. An as-built of the property may be required to ensure that applicable requirements 50 can be met, when existing structures are located on the property. Any zoning compliance 51 permit issued is subject to the same expiration, suspension, and revocation provisions as a 52 building permit issued for the same construction project (see Uniform Building Code Section 53 303(d) and (e), as per currently adopted building code (KIBC 15.05.020). 54 2. No building permit shall be issued by a building official until the community development 55 department has verified from the application for zoning compliance for a proposed building 56 that it conforms and will be occupied for a use in conformity with the provisions and 57 regulations of this title, except that this provision shall not apply to building permits for 58 residential structures when no yard or height changes are involved. Any building permit 59 issued in conflict with this title is null and void. 60 61 B. A zoning compliance permit is required for any structure, regardless of type of foundation or 62 base support, including skid-mounted or other movable structure that also requires a building 63 permit. Minor structural developments less than 200 square feet that do not require a building 64 permit are not required to obtain a zoning compliance permit. 65 66 C. A zoning compliance permit is required for any change of use in a structure. 67 68 Chapter 17.25 69 DEFINITIONS 70 71 17.25.030 B definitions. 72 Building, Accessory. “Accessory building” means: 73 74 A. A detached building, the use of which is appropriate, subordinate, and customarily incidental 75 to that of the main building, located on the same lot as the main building which is not designed or 76 intended to be used for living or sleeping purposes. 77 78 B. An accessory building shall be considered to be a part of a main building when joined to the 79 main building by a common wall not less than four feet long or by a roofed passageway which 80 shall not be less than eight feet in width. 81 82 C. Any structure, regardless of type of foundation or base support, including skid-mounted or 83 other movable structure that also requires a building permit for construction (for example, 84 structures where the projected roof area exceeds 120 square feet). A minor structural 85 development that does not require a building permit is not regulated by this chapter. 86 87 AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 59 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-19 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold 2nd Insertion - Green Version 1 “Building code” means the current adopted building code and/or other building regulations 88 applicable in the borough and city. 89 90 “Building official” means the officer charged with the administration and enforcement of this title 91 the building code. 92 93 17.25.050 D definitions. 94 95 “Dwelling” means a building, or any portion thereof, designed or used exclusively for residential 96 occupancy including one-family, two-family, and multiple-family dwellings, but not including any 97 other building wherein human beings may be housed. 98 Dwelling, Multiple-Family. “Multiple-family dwelling” means any building containing three or more 99 dwelling units. 100 Dwelling, One-Family. “One-family dwelling” means any detached building containing only one 101 dwelling unit. 102 103 Dwelling, Two-Family. “Two-family dwelling” means any building containing only two dwelling 104 units. 105 106 Dwelling, Two-Family, Detached. “Detached two-family dwelling” means two detached buildings 107 on the same lot, each containing a single dwelling unit and where neither is accessory to the 108 other. 109 110 “Dwelling unit” means one or more rooms and a single kitchen in a dwelling designed as a unit 111 for occupancy by not more than one family for living or sleeping purposes, and in which not more 112 than two persons are lodged for hire. 113 114 17.25.130 L definitions. 115 116 “Lot Width” means the horizontal distance between the side lot straight lines measured at right 117 angles to the lot depth at a point midway between the connecting front and rear lot lines at each 118 side of the lot, measured between the midpoints of such lot lines except that such measurement 119 shall not extend outside the lot lines of the lot being measured. 120 1. When calculating flag lot width, the narrower extension of the lot that provides access 121 to the public road right-of-way (flat stem) shall be excluded. 122 123 17.25.140 M definitions. 124 125 “Motel” means a group of one or more detached or semidetached buildings containing two or 126 more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile 127 tourists or transients., with a garage attached or parking space conveniently located to each unit, 128 including groups designated as auto courts, motor lodges, or tourist courts. 129 130 Effective Date: This ordinance takes effect upon adoption. 131 132 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 133 THIS __________ DAY OF _______________, 2020. 134 135 AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 60 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-19 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold 2nd Insertion - Green Version 1 KODIAK ISLAND BOROUGH 136 137 ATTEST: 138 ___________________________ 139 ___________________________ 140 William Roberts, Mayor Alise L Rice, Borough Clerk 141 142 VOTES: 143 Ayes: 144 Noes: 145 AGENDA ITEM #13.C.3. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 61 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2-Two-Family Residential To B-Business. ORIGINATOR: Erin Welty RECOMMENDATION: Move to advance Ordinance No. FY2021-20 to public hearing at the next regular meeting of the assembly on November 5, 2020. DISCUSSION: Mr. Seel requested a rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 - Two- Family Residential District to UNC – Urban Neighborhood Commercial District. The subject lots make up one tax parcel. The subject tax parcel is located betwee n Center Avenue and Carolyn Street on Lower Mill Bay Road. The lot is across the street from the Post Office The lot is currently vacant, but Mr. Seel would like to build a structure on the property so that his wife can move her business, Kodiak Print Masters, into the new structure. The new structure would also provide storage for Mr. Seel’s construction business and two apartments above the businesses. UNC - Urban Neighborhood Commercial District is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located. Because Kodiak Print Masters is a commercial printshop that provides services for the greater Kodiak community, and not just the immediate neighborhood, staff is recommending that the rezone request be amended from the requested UNC – Urban Neighborhood Commercial zoning to the proposed B–Business zoning. Additionally, the intended use of the subject parcel is more in line with the criteria set forth in KIBC 17.90.020 Permitted Uses. A rezone of the subject parcel to B-Business would be inconsistent with the future residential land use designation presented in the 2008 Kodiak Island Borough Comprehensive Plan for that parcel, but would be consistent with the future commercial/business land use designation trend along the commercial corridor that runs from West Rezanof Drive, up Lower Mill Bay Road and along Mill Bay Road to the intersection of East Rezanof Drive. The rezone would also be consistent with the current B-Business zoning district trend along the same corridor. Current zoning for Lower Mill Bay Road from Center Avenue to Carolyn Street is a mix of B –Business, R1–Single-Family Residential, R2–Two-Family Residential and PL-Public Use Lands. 2008 Kodiak Island Borough future land use designations for this same area are Commercial/Business, Urban Residential and Public Facilities/Ownership. Mr. Seel requested the subject parcel be rezoned to UNC – Urban Neighborhood Commercial since a previous request to rezone the parcel from R2-Two-Family Residential to B-Business, was denied. On July 18, 1990, the Planning and Zoning Commission denied the rezone request presented in Case 90 - 42, amending the zoning for Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision from R2-Two-Family Residential to B-Business. The Findings of Fact supporting the action were adopted August 15, 1990. Thirty years have passed since Case 90-42 was heard and the conditions described in the Findings of Facts in Case 90-42 no longer apply. Firstly, Lower Mill Bay Road was upgraded during the Mill Bay Road Reconstruction Project in the early AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 62 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough 1990s. Aerial imagery from July 5, 1985 shows that Lower Mill Bay Road between Center Avenue and Carolyn Street was a two-lane road. Today, Lower Mill Bay Road has an additional lane in the middle of the road to handle ingress and egress traffic to/from lots. This middle lane runs the full length of Lower Mill Bay Road, starting at Center Avenue, and extends all the way dow n Mill Bay Road to the intersection of East Rezanof Drive. Secondly, the applicant in Case 90-42 had no development plan when the rezone request was filed. By contrast, Mr. Seel has a clear development plan. Thirdly, Mr. Seel’s development plan conforms to the types of uses permitted in a B-Business district as well as conforms to the current and future commercial development trends of the immediate area and of the greater Mill Bay corridor. ALTERNATIVES: FISCAL IMPACT: Potential increase to tax roll for new structures on the existing lots. OTHER INFORMATION: AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 63 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-20 Page 1 of 2 Introduced by: Community Development Department 1 Drafted by: Community Development Director, Erin Welty 2 Introduced on: 10/15/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-20 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 LOTS 1, 2 & 3, BLOCK 13, ALEUTIAN HOMES SUBDIVISION, FROM R2–TWO-FAMILY 10 RESIDENTIAL TO B-BUSINESS. 11 12 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 13 platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and 14 15 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 16 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 17 1968 Comprehensive Plan; and 18 19 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 20 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 21 22 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 23 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 24 thereon by the commission and public hearing as required by law, amend, supplement, modify, 25 repeal or otherwise change these regulations and the boundaries of the districts”; and 26 27 WHEREAS, the property owned applied for a rezone of this property from R2–Two-Family 28 Residential to UNC – Urban Neighborhood Commercial on July 7, 2020; and 29 30 WHEREAS, in the staff report dated 8/24/2020, staff recommended a change in the rezone 31 request from UNC - Urban Neighborhood Commercial to B–Business, and the applicant agreed; 32 and 33 34 WHEREAS, staff finds that while the request is not consistent with the future residential land 35 used designation presented in the 2008 KIB Comprehensive Plan, it is consistent with the future 36 commercial/business land use designation trend along the commercial corridor that runs the 37 length of Mill Bay Road from the West Rezanof Intersection to the East Rezanof Intersection and 38 with the goals and objectives of the 2008 KIB Comprehensive Plan; and 39 40 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning 41 and Zoning Commission considered the merits of the rezone request on September 16, 2020; 42 and 43 44 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 45 that the lots be rezoned from R2–Two-Family Residential to B–Business, finding that the public 46 necessity, convenience, general welfare, and good zoning practice would be enhanced by such 47 action. 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH THAT: 51 52 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 64 of 137 Kodiak Island Borough, Alaska Ordinance No. FY2021-20 Page 2 of 2 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 53 Kodiak Island Borough Code of Ordinances. 54 55 Section 2: That Lots 1, 2 and 3, Block 13, Aleutian Homes Subdivision is hereby rezoned from 56 R2–Two-Family Residential to B-Business. 57 58 Section 3: By this ordinance, the Borough Assembly adopts the following Findings of Fact in 59 support of their approval of this rezone. 60 61 1. Rezoning these parcels is consistent with the overall commercial corridor trend 62 seen in the current zoning along Lower Mill Bay Road and Mill Bay Road; 63 64 2. This rezone will provide for new commercial and housing opportunities in the 65 immediate area; 66 67 3. The rezone will increase the borough’s tax base; 68 69 4. The rezone is consistent with the goals and objectives of the 2008 Kodiak Island 70 Borough Comprehensive Plan. 71 72 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 73 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 76 THIS __________ DAY OF _______________, 2020. 77 78 KODIAK ISLAND BOROUGH 79 ATTEST: 80 81 82 ___________________________ 83 ___________________________ 84 William Roberts, Mayor Alise L. Rice, Borough Clerk 85 86 VOTES: 87 Ayes: 88 Noes: 89 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 65 of 137 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 66 of 137 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 67 of 137 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 68 of 137 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 69 of 137 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 70 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Case 21-002 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 16, 2020 for the request described in this notice. The public hearing will take place as part of the regular meeting of the Kodiak Island Borough Planning and Zoning Commission. The regular meeting will begin at 6:30 p.m. in the Borough Assembly Chambers located at 710 Mill Bay Road, Kodiak, Alaska. The Planning and Zoning Commission will hear comments, if any, on this request at that time. CASE: 21-002 APPLICANT: Cache Seel REQUEST: A rezone of Lots 1,2 & 3, Block 13, Aleutian Homes Subdivision, from R2- Two-Family Residential District to UNC – Urban Neighborhood Commercial District (KIBC 17.205). LOCATION: 420 Lower Mill Bay Road ZONING: R2-Two-Family Residential District Location/Property Notification Area Map This notice is being sent to you because our records indicate you are a property owner/interested party in the notification area of the request (KIBC 17.195.040). If you do not wish to testify verbally, you may provide your comments in the space on the back of this page or in a letter to the Community Development Department. Written comments must be received by 3 pm on the day of the scheduled hearing to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to pzcomments@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll-free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, September 9, 2020, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 71 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Case 21-002 Your Name: Address: Your Property Description: COMMENTS: PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 72 of 137 FIRST_NAME LAST_NAME MAIL_LINE_1 MAIL_LINE_2 MAIL_CITY MAIL_STATE MAIL_ZIP LAURENCE ANDERSON P.O. BOX 1013 KODIAK, AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK, AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK, AK 99615 PAUL J LUDTKE PO BOX 8844 KODIAK, AK 99615 FERDIE MAR ETRATA PO BOX 2068 KODIAK, AK 99615 HANS MOODY 510 CAROLYN ST KODIAK, AK 99615 EDWIN S ALEJANDRO 419 WILLOW STREET KODIAK, AK 99615 STANLEY SARGENT 2325 GRANDE AVENUE APT 4 EVERTT, WA 98201 STEVEN KIM P.O. BOX 769 KODIAK, AK 99615 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK, AK 99615 STEPHEN BURNSIDE ETAL 418 MILL BAY RD KODIAK, AK 99615 OSCAR BOADO JR 513 CAROLYN ST KODIAK, AK 99615 MIKE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 DAVID MORENO 414 MILL BAY RD KODIAK, AK 99615 KERRI GUNTER 410 MILL BAY RD KODIAK, AK 99615 REYNALDO B CASTRO ETAL 513 HEMLOCK ST KODIAK, AK 99615 PAUL ZIMMER ETAL C/O PAUL ZIMMER, RMO UNIT 2130 BOX 2507 DPO AE, 09808‐2507 RICARDO C MEDINA 521 LOWER MILL BAY RD KODIAK, AK 99615 FELIA L LAGURA 524 WILLOW ST KODIAK, AK 99615 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK, AK 99615 WILLIAM ALEJANDRO 522 WILLOW ST KODIAK, AK 99615 NESTOR ROY 417 MILL BAY RD #A KODIAK, AK 99615 KEIKO SUGAWARA PO BOX 683 KODIAK, AK 99615 PEDRO BILIRAN PO BOX 2612 KODIAK, AK 99615 BOLIGHAJ TRUST PO BOX 2893 KODIAK, AK 99615 ELMER HALILI PO BOX 2934 KODIAK, AK 99615 RONALDO VALDEZ 423 WILLOW CIRCLE KODIAK, AK 99615 ABELARDO BUGARIN 514 WILLOW ST KODIAK, AK 99615 BART RIPPEY 318 CAROLYN ST KODIAK, AK 99615 CACHE SEEL ETAL 515 CAROLYN KODIAK, AK 99615 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK, AK 99615 MICHAEL F FITZGERALD PO BOX 3088 KODIAK, AK 99615 CACHE SEEL 515 CAROLYN ST KODIAK, AK 99615 WAYNE SARGENT P.O. BOX 8928 KODIAK, AK 99615 THOMAS DOOLEY ETAL 1519 SIMEONOFF ST KODIAK, AK 99615 RICHARD KNIAZIOWSKI ETAL 421 MILL BAY RD KODIAK, AK 99615 DELONIO AGONOY 516 WILLOW ST KODIAK, AK 99615 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK, AK 99615 WESTON FIELDS PO BOX 35 KODIAK, AK 99615 STEPHEN BURNSIDE ETAL 418 MILL BAY RD KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK, AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK, AK 99615 VALERIANA L RIVERA 415 WILLOW ST KODIAK, AK 99615 HECTOR ALEJANDRO 419 WILLOW STREET KODIAK, AK 99615 PAULINO CRUZ ETAL 413 CEDAR ST KODIAK, AK 99615 RICHARD P RUBINA 421 CAROLYN ST KODIAK, AK 99615 WILLIAM HALL 415 UPPER MILL BAY ROAD KODIAK, AK 99615 WILLIAM LOY C/O ISHMAEL VAUDRIN 417 CEDAR ST KODIAK, AK 99615 PHYLLIS A CARLSON 10518 FOX FARM TRAIL JUNEAU, AK 99801 CITY OF KODIAK PO BOX 1397 KODIAK, AK 99615 SHERYL L THORSEN PO BOX 8052 KODIAK, AK 99615 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 73 of 137 CAROLE JOHNSON 519 CAROLYN ST KODIAK, AK 99615 DUANE L DVORAK JR 415 CEDAR ST KODIAK, AK 99615 UNITED STATES POSTAL SERVICE 419 LOWER MILL BAY RD KODIAK, AK 99615 CLINT JOHNSON PO BOX 909 KODIAK, AK 99615 BENNY DAQUILANEA P.O. BOX 789 KODIAK, AK 99615 CLINT JOHNSON PO BOX 909 KODIAK, AK 99615 JACK MANN P.O. BOX 245 KODIAK, AK 99615 CLINT JOHNSON PO BOX 909 KODIAK, AK 99615 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 CHRISTIE CHERNOFF 225 ALDER LANE KODIAK, AK 99615 RICHARD KNIAZIOWSKI 421 MILL BAY RD KODIAK, AK 99615 GREGORIO T IBABAO 511 WILLOW ST KODIAK, AK 99615 D. ANN POIRIER 520 CAROLYN ST KODIAK, AK 99615 TERESA C BISHOP ETAL 402 MARINE WAY STE 300 KODIAK, AK 99615 NILDA C BATTAD PO BOX 8214 KODIAK, AK 99615 ABERLARDO GALVEZ ETAL 417 WILLOW ST KODIAK, AK 99615 NOE LOPEZ 518 CAROLYN ST KODIAK, AK 99615 DEWAYNE WILLIAMS 415 CAROLYN ST KODIAK, AK 99615 DAVID OLSEN P.O. BOX 163 KODIAK, AK 99615 MARIA BARTON 520 WILLOW ST. KODIAK, AK 99615 MARIA C BARRAZA PO BOX 2533 KODIAK, AK 99615 BART RIPPEY 318 CAROLYN ST KODIAK, AK 99615 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD. KODIAK, AK 99615 JERLING ENTERPRISES, LLC 1212 MADSEN AVE. KODIAK, AK 99615 DEMETRIA M. BARCELON 210 WILLOW CIR KODIAK, AK 99615 JACK MANN P.O. BOX 245 KODIAK, AK 99615 FREDA VILLASENOR 516 CAROLYN ST KODIAK, AK 99615 GILBERT BANE 304 WILSON ST KODIAK, AK 99615 SHIRLEY HEGLIN P.O. BOX 1043 KODIAK, AK 99615 BRIAN LARGE 517 CAROLYN STREET KODIAK, AK 99615 KIM PIPER ETAL 515 CAROLYN ST KODIAK, AK 99615 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE, AK 99513 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 74 of 137 Applicant Lots 1-3 Post office Public Use Land Fire station Public Use Land McDonald’s Business Zoned Gas Station Business Zoned Big Ray’s Business Zoned Vacant/Caboose’s BBQ Business Zoned SFR (Carolyn Street) R2 Zoned Looking to the S/SWPUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 75 of 137 Post office Public Use Land Vacant/Caboose’s BBQ Business Zoned Business Business Zoned SFR R1 Zoned BR Business Zoned Residential R2 Zoned Looking to the N/NEPUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 76 of 137 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT REPORT DATE: 8/24/2020 TO: Planning and Zoning Commission FROM: Community Development Department CASE NO: 21-002 REQUEST: A rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2- Two-Family Residential District to UNC – Urban Neighborhood Commercial District (KIBC 17.205). RECOMMENDATION: Staff recommends the commission amend this request and forward the recommended amendment to the Kodiak Island Borough Assembly for approval. RECOMMENDED AMENDMENT: A rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 - Two-Family Residential District to B - Business (KIBC 17.205). APPLICANT: Cache Seel LOCATION: 420 Lower Mill Bay Road LEGAL: Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision LOT SIZE: Lot 1: 952 square feet Lot 2: 4,268 square feet Lot 3: 7,612 square feet Total: 12,832 square feet CURRENT USE: Vacant CURRENT ZONING: R2 REQUESTED ZONING: UNC – Urban Neighborhood Commercial PROPOSED ZONING: B - Business SITE VISIT: August 24, 2020 NOTICE: The community development department sent a public hearing notice to each owner of property within 500 feet from the exterior boundary of the land described in the application. (KIBC 17.195.040). A total of eighty-four (84) public hearing notices were mailed on 8/10/20. As of the date of this report, zero comments have been received for this case. SUMMARY OF REZONE REQUEST This rezone request was submitted by Cache Seel, a local business owner. The lot is currently vacant, but Mr. Seel would like to build a structure that would be the new location for his wife’s business, provide storage for his business, and have two apartments above the businesses. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 77 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 2 CURRENT ZONING AND FUTURE LAND USE DESIGNATIONS The subject lot is currently zoned R-2 Two-Family Residential. Neighboring lots are zoned B-Business, R-2 Two-Family Residential and PL – Public Use Lands. The 2008 Kodiak Island Borough Comprehensive Plan designates the proposed future land use of subject lots as urban residential. The future land use designation for Lower Mill Bay is a mix of Commercial/Business, Urban Residential and Public Facilities. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 78 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 3 TABLE 1: SURROUNDING LAND CLASSIFICATION SUMMARY North East South West Current Land Use Vacant Single-family residential Single-family and two-family residential Institutional (Post Office) Zoning B-Business R2 – Two-Family Residential R2 – Two-Family Residential PL – Public Use Land 2008 Comp Plan/ Future Land Use Designation Commercial/ Business Urban Residential Urban Residential Public Facilities APPLICABLE ZONING 17.80.010 R2 – Two-Family Residential Description and intent. The R2 two-family residential zoning district is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A.To encourage the construction of single-family and two-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 and two-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 services can systematically and adequately be provided. 17.100.010 UNC-Urban Neighborhood Commercial District Description and intent. The UNC urban neighborhood commercial zoning district is designed to be applied in areas where public sewer and water service is available. The urban neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or large volumes of traffic. The district is intended to be small and compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and/or landscaping buffers needed to protect property values in adjacent residential areas. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 79 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 4 17.90.010 B – Business District Description and intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A.To encourage the continued use and development of land for retail purposes; B.To discourage the use of business district lands for other than retail purposes; C.To prohibit the use of business district lands for manufacturing and industrial purposes; and D.To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. APPLICABLE REGULATIONS 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes). The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A.Findings as to need and justification for a change or amendments; B.Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C.Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes). A.Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B.If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission’s action be taken up by the assembly. PRIOR ACTIONS Case 90-42. Request for the rezoning of Lots 1, 2, and 3, Block 13, Aleutian Homes Subdivision from R2 –Two-Family Residential to B – Business in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. (Ronald and Phyllis Williams/Lynda Grimstead). PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 80 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 5 The apparent intent of this rezone request was to change the zoning to business before listing the property for sale. The rezone request was denied by the Planning and Zoning Commission at their Regular Meeting held on July 18, 1990. The Findings of Fact in support of that decision were adopted by the Planning and Zoning Commission at the Regular Meeting held on August 15, 1990. A letter to the applicant dated August 16, 1990, presented those Findings of Fact: 1.Findings as to the Need and Justification for a Change or Amendment The rezone of Lots 1, 2, and 3, Block 13, Aleutian Homes Subdivision from R2 – Two-Family Residential to B – Business is not necessary and justified because the B – Business Zoning District permits development that: A.will negatively affect the traffic flow along Mill Bay Road until such time as the road is upgraded to adequately handle the ingress and egress traffic from the U.S. Post Office across the street, and; B.will generate traffic to and from the lots which would be detrimental to traffic safety along Mill Bay Road until such time as the sight distance is improved by realigning Mill Bay Road along the front of the subject lots, and; C.will permit a wide range of land uses that may be suitable for this area in the future, but without a definite development plan, may result in land uses that conflict with the surrounding residential development. 2.Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be Residential – R2. The requested B – Business Zoning District is inconsistent with the comprehensive plan due to the wide range of land uses permitted in this district which are not consistent with the Residential – R2 designation. While it seems the development trends in the area may eventually make it appropriate for business development on the subject lots, it is not appropriate at this time to encourage such development by the granting of this rezone. ADDITIONAL INFORMATION Mr. Seel provided three letters of support for his development plan from property owners of neighboring properties. Those letters are attached as Exhibit A. STAFF ANALYSIS AND RECOMMENDATION STAFF ANALYSIS Mr. Seel requested a rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 - Two- Family Residential District to UNC – Urban Neighborhood Commercial District. The subject lots make up one tax parcel. The subject tax parcel is located between Center Avenue and Carolyn Street on Lower Mill Bay Road. The lot is across the street from the Post Office The lot is currently vacant, but Mr. Seel PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 81 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 6 would like to build a structure on the property so that his wife can move her business, Kodiak Print Masters, into the new structure. The new structure would also provide storage for Mr. Seel’s construction business and two apartments above the businesses. UNC - Urban Neighborhood Commercial District is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located. Because Kodiak Print Masters is a commercial printshop that provides services for the greater Kodiak community, and not just the immediate neighborhood, staff is recommending that the rezone request be amended from the requested UNC – Urban Neighborhood Commercial zoning to the proposed B – Business zoning. Additionally, the intended use of the subject parcel is more in line with the criteria set forth in KIBC 17.90.020 Permitted Uses. A rezone of the subject parcel to B-Business would be inconsistent with the future residential land use designation presented in the 2008 Kodiak Island Borough Comprehensive Plan for that parcel, but would be consistent with the future commercial/business land use designation trend along the commercial corridor that runs from West Rezanof Drive, up Lower Mill Bay Road and along Mill Bay Road to the intersection of East Rezanof Drive. The rezone would also be consistent with the current B-Business zoning district trend along the same corridor. Current zoning for Lower Mill Bay Road from Center Avenue to Carolyn Street is a mix of B – Business, R1 – Single-Family Residential, R2 – Two-Family Residential and PL - Public Use Lands. 2008 Kodiak Island Borough future land use designations for this same area are Commercial/Business, Urban Residential and Public Facilities/Ownership. Mr. Seel requested the subject parcel be rezoned to UNC – Urban Neighborhood Commercial since a previous request to rezone the parcel from R2-Two-Family Residential to B-Business, was denied. On July 18, 1990, the Planning and Zoning Commission denied the rezone request presented in Case 90-42, PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 82 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 7 amending the zoning for Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision from R2-Two-Family Residential to B- Business. The Findings of Fact supporting the action were adopted August 15, 1990. Thirty years have passed since Case 90-42 was heard and the conditions described in the Findings of Facts in Case 90-42 no longer apply. Firstly, Lower Mill Bay Road was upgraded during the Mill Bay Road Reconstruction Project in the early 1990s. Aerial imagery from July 5, 1985 shows that Lower Mill Bay Road between Center Avenue and Carolyn Street was a two-lane road. Today, Lower Mill Bay Road has an additional lane in the middle of the road to handle ingress and egress traffic to/from lots. This middle lane runs the full length of Lower Mill Bay Road, starting at Center Avenue, and extends all the way down Mill Bay Road to the intersection of East Rezanof Drive. Secondly, the applicant in Case 90-42 had no development plan when the rezone request was filed. By contrast, Mr. Seel has a clear development plan. Thirdly, Mr. Seel’s development plan conforms to the types of uses permitted in a B-Business district as well as conforms to the current and future commercial development trends of the immediate area and of the greater Mill Bay corridor. RECOMMENDATION Staff recommends the commission amend the applicant’s request and forward the recommended amendment to the Kodiak Island Borough Assembly for approval. The recommended amendment is to rezone Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 - Two-Family Residential District to B - Business (KIBC 17.205). PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 83 of 137 Case No. 21-002 Public Hearing Date: September 16, 2020 Page 8 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 -Two-Family Residential District to B - Business (KIBC 17.205) and to forward the proposed rezone to the Kodiak Island Borough Assembly for further review and consideration. FINDINGS OF FACT Rezoning the subject parcel: 1.Is consistent with the overall commercial corridor trend seen in the current zoning along Lower Mill Bay Road and Mill Bay Road; 2.Would provide for new commercial and housing opportunities in the immediate area; 3.Would increase the borough’s tax base; 4.Is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 84 of 137 8,867 square feet CAROLYN STLOW ERMILLBAYR D CAROLYN STLOW ERMILLBAYR D 6,328 square feet Case No. 21-002 Applicant: Cache Seel Buildable Area and Setbacks Map drafted September 10, 2020 By: Kodiak Island Borough CDD Front yard setback Mill Bay Road setback Parcel boundary Rear yard setback Side yard setback Utility easement Buildable area by zoning Two-Family Residential Zoning Business Zoning 4 0 ' 4 0 ' 10' Utility Easement 10' Utility Easement AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 85 of 137 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 86 of 137 mmummmnJ1M mmm ElmI!.H mm.mmma_ 1IMHW M Mm IW.mEW I .mmmmmmmmmmm% ».mM 1 _mmmwmummm.smw.THmmammgrmx?mmwaa?mm Hm . W_Hlm£.mWmmimmmmmmlhw?mm MML.mm:.mmnm%:mmm.1 wmmmm. rmm?Wummmmlm,nmmm mM1mmmmmmmmsmmmm1 WWW H1mlm%MmMuJ Wm mm mm?lmz.m-mm1:Wmww?ml W Mmm M.“.mmIMmmmmMmmImm%mm::mmmmm u:mmmmmTmmmlWMmm%m?L.E M mm Hmm._?,ma1mnWmMmmm?mm mm.“mmmmm. . - -mmMama:m.:M:mw%mLMwMm.mmmw?mmmmmmmw?mm.mmmm; hm‘nu._w . [WMmmmmm AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 87 of 137 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 88 of 137 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 89 of 137 AGENDA ITEM #13.C.4. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 90 of 137 M Im__oml: _:qmmmam3Emno:nm_._..m 28.:_um_.E:mEa 8_.:m..o:_.a mumnm.m__3 Em mumnmm_:Em a_.m<s=m:m<mm=.._=_3c_.:2 mm «mm.3.0.3Em2.9:cmEm mumnm8m_Ema Em u:._&:w oq Em _o.__:m.._.:m_.mno33m=am:o:... _ 3.5..o==:mmcmwmmnmaS «mm»3..m53%;.<mZn_m 8 E3 m_.o::n_. EmamEmum_mom:33.no:nm_.:mcocn3%Emnmmmmmumn_m__<m_.o:_.aEm u3um3<.:mE_E SH 932:._os3 m: nm_.o_<:.Em_o<<mammnaoz2Em .2 WEam<m_oumaEa m:<mxnm<mzo:on «minim <<m__mmm:mmm__<cmaoamon Em. u3um_A<8m<oa=3E=mEm us_&c_m mumnm. _<<o:_am_moE88 2:Em"Em 32.3 Emu Emnmm.3_u_<mmo:m Emu on2:3 8:5 cmam<m_ouma.:W:3 mmzmEm: cmimu:_u3.:ma3..muu..o<m_.moE :2 2.3 mag 3<um_«m_.mu_m=:§m on Sin 2%u3um3<o:mn_m=<Emmaman.Em mam nm_Am.:_<=2moim8 mm”2 cu S m<§<Em.22.5 monnmcm8 3%9:ozno_<=__wm<mom... ._.:m:x<o: nmnzmmmm_ m3S3.?m E:<<m_mK «San 99¢mmm_Ammm_no23.:n:o:_8n=mx®o3m=.no3v mman 23:23.03052.3.momo._~um<Es ._.ou E:<<m_2 m=E.mnn so 2::wmv.mama >3mn—=:m:Gu um1m:mn=3m:m_o:m._.um AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 91 of 137 ,_pa» :..nJ u..‘watt:.1 J ,1. atn71'H...n nu qI 1JJ Jr ..anS. . :2._. .l.l..no.Du? I1 .1.|'nI|...|.||.lllI ‘ u.?u... ..:.\.q3!:. ...1_\ n V .53..‘(NW3-L.‘ v..1«Ths?V2.:..m.M”..¥ka.... P I v r!ou\- :und .4 2 3. n. A us.if}a.six:.1 ix:.511.» I AGENDA ITEM #13.C.4.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 92 of 137 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 15, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat On The Architectural/Engineering Review Board Vacant (Mr. Dennis Hunt). ORIGINATOR: Lina Cruz RECOMMENDATION: Move to declare a city seat vacant on the Architectural/Engineering Review Boardthis seat was held by Mr. Dennis Hunt and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070. DISCUSSION: Clerks Report: Mr. Hunt's resignation from his seat on the Architectural/Engineering Review Board was received by the Clerk's Office on September 17, 2020. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; AGENDA ITEM #13.D.1. Declaring A Seat On The Architectural/Engineering Review Board Vacant (M...Page 93 of 137 Revision Date: 9/17/2020 Revised by: LC ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS KODIAK ISLAND BOROUGH DIRECTOR DAVID CONRAD 486-9357 dconrad@kodiakak.us PROJ. MGR./INSPECTOR, MATT GANDEL 486-9211 mgandel@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY KODIAK, AK 99615 STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Cliff Ford 1250 Beaver Way Kodiak, AK 99615 2021 (907) 486-5353 None (907) 539-5342 clifff@acsalaska.net Jon Melin 2011 Mill Bay Road #2 Kodiak, AK 99615 2021 None None (907) 539-1589 Jon.premier@alaska.net Rick Ryser PO Box 8908 Kodiak, AK 99615 2020 (907) 486-5490 None (907) 942-2747 goldenalaska@gmail.com Jerrol Friend (Chair) 1950 Mill Bay Rd. Kodiak, AK 99615 2020 (907) 539-1975 (907)486-3908 (907) 539-1975 jerrol@friendcontractors.com Tyler Swanson 473 Curley Way Kodiak, AK 99615 2020 (907) 481-1636 (907) 654-9643 swansonconstruction- services@gmail.com Jascha Zbitnoff (Vice Chair) PO Box 9012 Kodiak, AK 99615 2022 None None (907) 942-3215 jascha@brechan.com VACANT 2022 NON-VOTING EX- OFFICIOS Assembly Representa- tive Duane Dvorak 2022 (907) 942-2912 None (907) 942-2912 duane.dvorak@kibassembly.org School Board Repre- sentative VACANT OR Duncan Fields PO Box 25 Kodiak, AK 99615 486-6393 486-8835 317-5959 dfields8925@gmail.com This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 AGENDA ITEM #13.D.1. Declaring A Seat On The Architectural/Engineering Review Board Vacant (M...Page 94 of 137 Dennis J Hunt 182 Alimaq Dr. Apt 315 Kodiak, AK 99615 7/1/2020 Matt Gandel Project Manager/Inspector Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road, Room 224 Kodiak AK 99615 Dear Matt Gandel It is with regret that I tender my resignation from the ARB. I am grateful for having had the opportunity to serve on the board of this fine organization for the past 2 years. And I offer my best wishes for tis continued success. Sincerely, Dennis J Hunt Facilities Director Providence Kodiak Island Medical Center AGENDA ITEM #13.D.1. Declaring A Seat On The Architectural/Engineering Review Board Vacant (M...Page 95 of 137 AGENDA ITEM #18.A.1.Page 96 of 137 AGENDA ITEM #18.A.1.Page 97 of 137 AGENDA ITEM #18.A.1.Page 98 of 137 AGENDA ITEM #18.A.2.Page 99 of 137 AGENDA ITEM #18.A.2.Page 100 of 137 AGENDA ITEM #18.A.3.Page 101 of 137 AGENDA ITEM #18.A.3.Page 102 of 137 Kodiak Island Borough September 14, 2020 Consolidation Committee Minutes KODIAK ISLAND BOROUGH Consolidation Committee September 14, 2020 A Consolidation Committee meeting of the Kodiak Island Borough Assembly was held on September 14, 2020, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:3 5 p.m. ROLL CALL Present: Griffin, Kavanaugh, Kewan, Kornelis, Thran, Thomas, VanDyke, alt Turner Absent: Culbertson, alt Delgado PUBLIC COMMENTS (Limited to Three Minutes per Speaker) None AGENDA ITEMS Minutes of the August 31, 2020 meeting Approved by unanimous consent Old Business: How might consolidation affect local programs such as rural home loans, subsistence, etc? Ms. Kavanaugh shared that she received varying responses from local sources regarding the rural home loan program and suggested that we ask the Local Boundary Commission. Ms. Kavanaugh also described that she sought information regarding state and federal subsistence programs although the responses were not specific enough to determine how those programs might be affected by consolidation. Old Business: Personnel - wage and benefit info Reviewed the Borough personnel salary and benefit cost information and comparison of 2019 insurance cost comparison for Borough, City and School District Ongoing Business: Budget preparations Discussed the budget worksheet created by Mr. Turner based on prior budget documents of Borough and City. Ms. Kavanaugh requested that committee members receive a copy in excel format and review Mr. Turner’s budget to provide feedback and suggestions of their own. New Business: Budget discussion regarding receivables such as grants, special assessments, etc. AGENDA ITEM #18.A.4. Page 103 of 137 Kodiak Island Borough September 14, 2020 Consolidation Committee Minutes Discussion that such receivables would carry through to a consolidated government. No current data was provided so it was requested that staff research receivables currently in the budget. MEMBERS CLOSING COMMENTS Staff asked about the meeting schedule changing to weekly, general consensus was that October would be a good time to begin meeting weekly. Mr. Thran thanked Mr. Turner for his efforts at creating a potential budget for the consolidated government. Mr. Thomas expressed disappointment in seeing a letter from the City Council stating they would no longer support the Consolidation Committee with an appointment of a council member to the committee. Mr. VanDyke also express disappointment in the letter from the City Council and disappointment that Mr. Haines stepped down from the Committee because Mr. Haines added perspective and historical knowledge of the City organization. Ms. Kavanaugh stated that she would talk with the Borough Mayor about changes to the committee membership. SET NEXT MEETING DATE AND TIME September 28, 2020 at 6:30 pm ADJOURNMENT 8:35 pm KODIAK ISLAND BOROUGH Approved on: AGENDA ITEM #18.A.4. 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Zm<<mcmimmmuncc=nmm§<=uo__nm xm<_m<<O33xoemx_u_._c=omamaEanzmvmanamocmm2.5.mm_.<_om..:_mE.8:_=6 .2no:mo__am$qno<o_.:3m:.. .U_mo:mm_o:2u:a=n332nom?5.63.ca38;0.200:30:Bmmzamn=mo:mm_o:oq mzzmxmzos. _sm_smmmmo_.om_zooozgmzqm _s_..._.:o3mm_.m3=amacm5m.3m_.mm_n.m:.mmam_oox_:c8mmmmSacozoz2oom?5.3.: no_._mo_Em._o=._s_..013:.m__§_maoc.oo:om_.:m2.32».3o:m<coin%3E.3 958 moo_._o:.._omanna2umsnoio2:8:amxmm=n=3n:=8mon:_.m.m_<Emmimnosoamon___.mo:o: xoemx_m_m_.awo..occ_..Oo:mo_Em=o:ooaa?mm _<__:Emm .E:mB8 AGENDA ITEM #18.A.17.Page 131 of 137 AGENDA ITEM #18.A.17.Page 132 of 137 AGENDA ITEM #18.A.18.Page 133 of 137 AGENDA ITEM #18.A.19.Page 134 of 137 AGENDA ITEM #18.A.19.Page 135 of 137 AGENDA ITEM #18.A.20.Page 136 of 137 AGENDA ITEM #18.A.20.Page 137 of 137 Kodiak Island Borough Assembly Regular Meeting Agenda and Guidelines Thursday, October 15, 2020, 6:30 p.m., Assembly Chambers 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Bill Roberts. 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. For items to 4. APPROVAL OF AGENDA AND CONSENT AGENDA be added to the agenda, a All items listed with an asterisk (*) are considered to be routine and non -controversial by motion and the Assembly and will be approved by one motion. There will be no separate discussion of second is these items unless an Assembly member so requests, in which case the item will be needed. removed from the Consent Agenda and considered in its normal sequence on the agenda. * Regular Meeting Minutes of October 5, 2020. * Special Meeting Minutes of October 8, 2020. * Declaring A Seat On The Architectural/Engineering Review Board Vacant (Mr. Dennis Hunt). 5. *APPROVAL OF MINUTES A. *Regular Meeting Minutes Of October 1, 2020 and Special Meeting Minutes of October 8, 2020. 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for agenda Items not scheduled for public hearing & general comments only. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in ILO; 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 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us In 0 7. AWARDS AND PRESENTATIONS A. Nuisance Bears Presentation from the Department of Fish and Game. - Presented by Mr. Nate Svboda, from the Department of Fish and Game. B. Recognizing Doug Mathers, Deputy Chief Of The Bayside Fire Department For 35 Years Of Service. - Presented by Bayside Fire Chief, Howard Rue III. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR: The Canvassing team completed the final Election results on Thursday, October 141. The Ratification of the 2020 Election will be on November 5, 2020. Congratulations to the Newly elected! The Newly Elected Officiai Training will be on November 9th and 1011 and the Alaska Municipal League Conferences will be on November 1611-2011. AML is offering something new this year, three or more people from the same municipality can register for one flat -rate. I would like to encourage you to take advantage of this opportunity. 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts Motion: 1. Contract No. FY2021-03 With Discover Kodiak For Move to approve Contract Destination Marketing and Tourism Development. No. FY2021-03. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at vvvvw.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 91 0 Motion: 13.6. Resolutions Move to approve 1. Resolution No. FY2021-19 Approving The Utility Relief Credit Resolution No. Program By Crediting Alaska Waste Solid Waste Disposal FY2021-19. Services Utility Accounts In The Amount Of $318.50 In Order To Provide Financial Relief To Residents And Businesses Affected From The Coronavirus Pandemic. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION Motion: 13.C. Ordinances for Introduction Move to advance 1. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Ordinance No. Township 30 South, Range 20 West, Section 32, Seward FY2021-18 to Meridian From C - Conservation To R1 - Single Family public hearing at Residential And PI - Public Use Land (Zoning Will Correspond the next regular To Lots Created By Abbreviated Subdivision S21-002). meeting of the assembly on Staff Report — Manager Powers. November 5, 2020. Assembly discussion. ROLL CALL VOTE ON THE MOTION Motion: Move to advance 2. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of Ordinance No. The Kodiak Island Borough Amending Various Chapters Of FY2021-19 to KIBC Title 17 (Zoning) To Address Issues Such As Necessary public hearing at Updates, Errors And Omissions And Procedural Clarification. the next regular meeting of the Staff Report — Manager Powers. assembly on November 5, 2020. Assembly discussion. ROLL CALL VOTE ON THE MOTION Motion: Move t: advance 3. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Ordinance advance Aleutian Homes Subdivision, From R2 -Two -Family FY2021-20 to Residential To B -Business. public hearing at the next regular Staff Report — Manager Powers. meeting of the assembly on Assembly discussion. November 5, 2020. ROLL CALL VOTE ON THE MOTION Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website atwww.facebook.com/Kodiakisland borough © @KodiakBorough www.kodiakak.us Motion: Move to advance Ordinance No. FY2021-01 D to public hearing at the next regular meeting of the assembly on November 5, 2020, 4. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide Funding To The City Of Kodiak, Purchase Of Testing Supplies And Expenditures Of Balance For Covid19 Community Impacts. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 13.D. Other Items 1. `Declaring A Seat On The Architectural/Engineering Review Board Vacant (Mr. Dennis Hunt). 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for general comments only. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1IL0 ' 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 Canvassing team completed the final Election results on Thursday, October 141. The Ratification of the 2020 Election will be on November 5, 2020. Congratulations to the Newly elected! The Newly Elected Official Training will be on November 9th and 1011 and the Alaska Municipal League Conferences will be on November 1611-2011 AML is offering something new this year, three or more people from the same municipality can register for one flat -rate. I would like to encourage you to take advantage of this opportunity. The next Assembly Work Session is scheduled for Thursday October 29, 2020 at 6:30 p.m. in the School District Conference Room and the next Regular Meeting is scheduled for Thursday, November 5, 2020 at 6:30 p.m. in the Borough Chambers. Absentee in person voting for the Presidential Election will begin on October 19, 2020 inside the Borough Assembly Chambers from 10 a.m. — 4 p.m. and will be available Monday — Friday until November 2, 2020. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at VVVAV.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us In 0 16. EXECUTIVE SESSION Motion: A. Solid Waste Contract No. FY2019-25 Conference With Borough Move to convene into Attorney, Scott Brandt -Erichsen. executive session under the authority of KIBC. 2.30.030 (F)0)(a) to discuss Solid Waste Contract No. FY2019- 25, a matter in which ROLL CALL VOTE ON THE MOTION immediate public knowledge of could affect adversely the finances of the Borough and receive legal advice from the Borough's counsel. Motion: Invite into Executive Session. Move to invite the Mayor, Assembly, Borough Manager, Michael Powers, Engineering and VOICE VOTE ON MOTION Facilities Director, Dave Conrad, Projects Manager, Matt Gandel, Borough Clerk, Alise Rice, AND Borough Attorney, Scott Brant - Erickson via After the vote, Mayor Roberts recesses the regular meeting and teleconference into convenes into executive session. Executive Session. Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • No action is to be taken as a result of the executive session Kola • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session ROLL CALL VOTE IS REQUIRED ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 488-3231. Visit our website atwww.facebook.com/Kodiakislandborough � @KodiakBorough www.kodiakak.us Motion: 17. ADJOURNMENT Move to adjourn the VOICE VOTE ON MOTION. meeting KIBC 2.30.030 A.... Meetings shall adjourn at 90:30 p.m. unless the time is extended by a ma'ori of the votes to which the assembly is entitled. No meeting shall be extended beyond 99 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. 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.8. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakisland borough @KodiakSorough www.kodiakak.us In 0 KODIAK ISLAND BOROUGH Meeting Type: A �Lj Z&7C4i4R M,-f'f,11NL Date: JD/I 5 AIQZO Please PRINT your name legibly Please PRINT vour name leoibl CUg-C t- a YJ M ,blicul C- �6, Regular �S ecial 9 P Converted: *� BY: SECOND 1 _ M� KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: �5 Z Recessed: Reconvened: _ --- -- - -------Z ---- BY: S k f BY: SA— SECOND: b 044 YES Adjourned: BY: BY: 34- C � � SECOND: I SECOND: 20 20 SECOND: bad 2o21 � 19 lwm V-4.6 Cdk-Tc� 1 � �& Nl - Mr. Arndt Mr. Arndt I r. ArndIMr. Arndt ✓ Mr. Arndt Mr. Dvorak Mr. Dvorak f i Mr. Dvorak �� Mr 'DvorakY Mr. Dvorak — !J,- �- , _ Ms. Kavanau h Ms. Kavanaugh , Ms. Kavanaugh s'�Kavanaugh--' BMs: Kavanaugh g - - �..- - — -- .-.- - -- -- j F moi,. v �_ Mr. Schroeder I Mr. Schroeder = Mr. Schroeder ' Mr. Schroeder!--' ,Mr. Schroeder itSlcinner ` ;-Ms.-Skinner - i -� Ms. Skinner Ms. Skinner Ms. Skinner NA Mr. Symmons Mr. Symmons I Mr. Symmons I Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner +- - Mr. Turner I Mr. Turner Mr. Turner 'tif+'OUL❑ ANYONE LIKE TO CHANGE THEIR VOTE? WOULD,ANYONE LIKE TO CHANGE THEIR VO T .r') TOTAL: T TOTAL: , TOTAL- O TOTAL: TOTAL: I' nic y no vote except in the case where only six members of the.assc Gly are present.and there is a thr+aeft.ree do vote of the assembly. -- Mayor Roberls - Mayor Roberts IMayor Roberts �i Mayor Roberts r j - Mayor Roberts (- _Q otions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend donate, previous question 8 Majority vote is majority of the membership (quorum)- Point of Order and Recess. 101 Regular Special Convened: BY: SECOND: 4tokwix � 2C lug bA.-- KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date:a�' Recessed: Reconvened: - Adjourned: BY: S BY: I BY: I SECOND:"� SECOND:�S SECOND: IA -0 2�2 �rl o�*a�— ' z I wnw) \-b I I AW - - YES NO- y Y YES NO YES :.NO; YES NO YES Mr. Arndt Mr. Arndt i Mr. Arndt Mr. Arndt Mr. Arndt - j Mr. Dvorak Mr. Dvorak I Mr. Dvorak _ I� Mr. Dvorak J' Mr. Dvorak Ms. Kavanaugh-� - Ms. Kavanaugh y Ms. Kavanaugh ��—TI Ms. Kavanaugh ` — Ms_ Kavanaugh r. Schro er �I Mr. Schroeder✓ Mr. Schroeder j Mr._Schroeder Mr. Schroeder �/- Ms. Skinner ! — Ms. Skinner - Ms. Skinner - " Ms. Skinner -I Ms. Skinner 11 I Mr. Symmons I I' Mr: Symmons 1 r. S morons I : Mr. Symmons - (Mr. 5ymmons Mr. Turner Mr. Turner ! I Mr. Turner I . ' ' Turner Mr. Turner — WOULD ANYONE LIKE TO CHAN E THEIR VOTE? WOULD ANYONE - -- -•IGE= THEIR VO`.'.':" TOTAL: TOTAL: ;TOTAL: TOTAL: �J4 TOTAL:— �n i - The mayor may not vote except in tl�e vaso avhc only six! -m- emben# of the_ biy are present grad there is a thiiroe tie vote of the mbty_ Y Mayor Roberts j Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts a Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. BY: S� SECOND: - �a 253 �s 3JX KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: zozo Convened: Recessed: Reconvened: Adjourned: ` BY: 5 - BY: - --- — I BY: iS i BY: 'ir BY: 's 11 i SECOND: I SECOND: i SECOND: {J SECOND:J� SECOND: I Af�l .�M I W106 1 6 M 6$ i `z,,, OW irth 161, ?. YE5 NO IYES -NO YE5 NO YES I NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt I Mr. Arndt Mr. Arndt - J r. Dvorak Mr. Dvorak II i Mr. Dvorak i Mr. Dvorak Mr. Dvorak - E -3._ .�___ a —.illls. Kavanau Ms. Kavanaugh Ms. Kavanaugh ; Ms. Kavanaugh Ms. Kavanaugh gh i - - 1, 1- - t- ---- - ! -- -- V Y� Mr. Schroeder �` Mr. Schroeder { J r. c roe e Mr. Schroeder 1 Mr. Schroeder Ms. Skinner Ms. Skinner i - Ms. Skinner Ms. Skinner I - i Ms. Skinner - S mmons I Mr. —Sym—mons i / ' Mr. Symmons _ Mr. SymmonsSymmons Mr. Turner - Mr. Turner Mr. Turner v 1 Mr. Turner Mr. Turner I "'OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VQ TF? TOTAL: -_ ... j r� JS-) TOTAL_.—�TOTAL: ----��OTAL:---J---- [TOTAL: ----I-._ The mayor may not vote except in the case w - ere six members of the as -res ere only present and there is a threcAlim do vote of the assembly. I Mayor Roberts Mayor Roberts Mayor Roberts �i Mayor Roberts I —1-Y Mayor Roberts �__ Motions requ ed for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4: 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question a Majority vote is majority of the membership (quorum). Point of Order and Recess. 03 Kodiak Bear Observation Alaska Department of Fish and Game Date of Observation T --mc Observer Phone Number Number of bears observed (including cubs) Type of Bear (s) F1 Adult ❑ Young Adult What was the bear doing? Response requested by caller (if any) Type of Observation Bear Sighting (bears acting normally, eating natural foods) Action taken by dispatcher For Official Use Only Recorded by Nuisance Bear Observer Name Location of Observation E] Female with cubs [-] Unknown (bears annoying people, eating unnatural foods) DateMme Problem Bear L] (bears threatening people, their property, or animals) Fax this form to ADFBG at .486-1869 or email to Wildlife.kodiak@alaska.gov Updated 11116 I ' � S I 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. FY2021, No. 9 October 16, 2020 At Its Regular Meeting Of October 15, 2020, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, November 5, 2020, At 6:30 P.M. PRESENTED A Certificate Of Recognition To Doug Mathers, Deputy Chief Of The Bayside Fire Department For 35 Years Of Service. RECEIVED A Nuisance Bears Presentation From Nate Svoboda, Department Of Fish And Game Biologist III. AUTHORIZED The Borough Manager To Execute Contract No. FY2021-03 With Discover Kodiak For Destination Marketing and Tourism Development. ADVANCED Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R1 - Single Family Residential And Pl - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002). ADVANCED Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Various Chapters Of KIBC Title 17 (Zoning) To Address Issues Such As Necessary Updates, Errors And Omissions And Procedural Clarification. ADVANCED Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2-Two-Family Residential To B-Business. ADVANCED Ordinance No. FY2021-01D Budget Amendment for Cares Funding To Provide Funding To The City Of Kodiak, Purchase Of Testing Supplies And Expenditures Of Balance For Covid19 Community Impacts. AMENDED, ADOPTED Resolution No. 2021-19 Approving The Utility Relief Credit Program By Crediting Alaska Waste Solid Waste Disposal Services Utility Accounts In The Amount Of $253.00 In Order To Provide Financial Relief To Residents And Businesses Affected From The Coronavirus Pandemic. *DECLARED The Seat Held By Mr. Dennis Hunt On The Architectural/Engineering Review Board Vacant. CONVENED Into Executive Session Under The Authority Of KIBC 2.30.030(F)(1)(B) To Discuss Solid Waste Contract No. FY2019-25, A Matter In Which Immediate Public Knowledge Of Could Affect Adversely The Finances Of The Borough And Receive Legal Advice From The Borough’s Counsel. INVITED The Mayor, Assembly, Borough Manager, Michael Powers, Engineering And Facilities Director, Dave Conrad, Projects Manager, Matt Gandel, Borough Clerk, Alise Rice, and Borough Attorney, Scott Brant-Erickson Via Teleconference, Into Executive Session. ANNOUNCED That No Action Was Taken As A Result Of The Executive Session. (*) Items Approved Under Consent Agenda.