The URL can be used to link to this page

2020-11-05 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, November 5, 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 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 7. AWARDS AND PRESENTATIONS A. Recognition of the 2020 Election Workers, School District, and E/F Staff. B. Presentation To Outgoing Assembly Member Andrew Schroeder And Assembly Member Rebecca Skinner. 5 - 17 C. Administration Of Oath Of Office To Newly Elected Officials. New Elected Assembly Members Kodiak Island Borough School Board Fire Protection Area No. 1 Monashka Bay Road Service Area Board Service Area No. 1 Board Womens Bay Service Area Board Page 1 of 198 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 8. COMMITTEE REPORTS 9. PUBLIC HEARING 18 - 31 A. 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. FY2021-01D - Pdf 32 - 76 B. 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 77 - 82 C. 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. Complete Binder For Ordinance No. FY2021-19 - Pdf 83 - 119 D. 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 120 - 127 1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jacobs Engineering For Design And Cost Estimation For The 30% Design Of The Aeration Tank And Lamella Plate Clarifier In An Amount Not To Exceed $30,000. Page 2 of 198 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 Complete Binder For Contract No. FY2021-12 - Pdf 13.B. Resolutions 128 - 136 1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The October 6, 2020 Regular Municipal Election. Complete Binder For Resolution No. FY2021-12 - Pdf 137 - 159 2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority List. Complete Binder For Resolution No. FY2021-20 - Pdf 13.C. Ordinances for Introduction 160 - 171 1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3.630 Motor Vehicle Registration Tax, Section .030 Fee Imposed & Section .040 Annual Fee Imposed On Commercial Plates. Complete Binder For Ordinance No. FY2021-16 - Pdf 13.D. Other Items 172 - 188 1. Assembly Review And Taking Official Action In Support Of Alaska Municipal League Resolutions. Resolutions, Alaska Municipal League - Pdf 2. Appointment Of The Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. 3. Confirmation Of Borough Deputy Clerk. 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 (No Action Required) Page 3 of 198 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 18.A. Minutes of Other Meetings 189 - 190 1. Womens Bay Service Area Board Regular Meeting Minutes Of September 8, 2020 18.B. Reports 191 1. 2020 Government Finance Officers Association, Award For Outstanding Achievement In Popular Annual Financial Reporting 192 - 198 2. September 2020 Projects Report - E/F Project Manager, Matt Gandel Page 4 of 198 0208 ‘9 Nll?lléb 1101133121?) 1nd;J;un11y;1n1n?a~agq?nuan?mums};qn;qn* ggany;a1nJ;;;11aj;; ozoz ‘171J3l1U1J€D110 ‘rx?n-now11119155:¥1P!11°’éT£In ulafl uunJa1a up 10 um]ciq qa.1mI1a.1an §lIJI113.1]B1J1]]|J ?ulssnqum aa1;12mf11‘uuxauq 11 ‘slam [auq QJIIJJS]l1lJl}]0 M]U!.lJ|]l.llJ]af —OZOZJalllua??? (1101 qauap d11n?a1qua dpnq aur a “"0 Ja?nuu] OZOZ G qluanoaf a 9303 Jaqluaqugg ‘TIIIIIIEIE515f[?11uau%;u azm n a q?nnunq ‘{3“0J0g{AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 5 of 198 OZOZ‘9 13€1013€D11011331217) ]RtI}J)1I1111}[Fztmn?awagq?nuau?111119155;qnyqu zgguumu?uzawagpma1nJm1aajz; }[19[:)q?noxo?‘DDR1'1 218911 133nm:(1 [an 3 ozozrue.1 qua;no :13 5112111110aq01.IJI]lllJ1§i SZOZ -13ll1lI3l1U€E—OZOZ13lI1113l10é{F ¢i1q1ua5s15 q?noau?;u azmoamtn qanzqa d11n?a1qua ¢i1nq snu g qnuxgda;1;;ua@ 0308 ‘171J3TlU13€D11“T1511”-19%’l119l5IE’l’3!Q'3’$E".1’113(I uauJa1a up ;u umdq qaa1nha.1an su.1n1aa1mJ1;;n aq1?u15snuum .1a1112m([1‘uumuq 11 5 3,. .07-‘?75’a.AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 6 of 198 OZOZ‘9 13l101J€i>110113312?) 1ndu1un1{yr;m1n?a~agq?nnauggQ1IB1§jE an;qu* gguu;1;u?uJa~;1g;na1n1;;111a;1p “.!-.'«'F..’2-.’ /.1/‘; :.‘rI\\«'1 mug )[1a[3 q?nomg ‘:2::Q{"I [IV as: mug Ja?uuuw‘sza \od puqag 0303 I116.lJl]1ll 1;H0 J5 ]l!lJl]}0 Jl]EllJaqulawt SZOZ NIIIIIGRUEF~OZOZJallllla??éif ¢i1q1ua55g q?nuau?u1qa1Ja1a ¢i11n?a1 d]nq spa; ozoz ‘171Jaqungp no ‘q?xlnau?nuns};3112111033;111q1a1 uu;1Ja1a up ;u um]dq 1131111113;5125111111311n;J;;;u 2I[[1?1I]§5Rl11lRJ .1a1;vmq1‘uumuqAGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 7 of 198 \sf\‘\\§\%.5 ‘b ‘ ‘ \N :-?t?’ 0808 ‘9 13510136191101133121?) ]l§d}J}1In11}[Famn?agg q?nuauggqunmg qnyqu gguumu?uzawag a1nJg;1;1a;1;) N ‘szamod[an A1 OZ [Jl]mug;III)Q 5 ]l!IJl]]?3|]DJ.lJl]lllJ[Q§ £802 J3l'l1113|10€E—ozoz Jaqxuaqoag Q1903pzuqzgaf11u1qa1Ja]a d]]B?3]mmd]nu spa; 5Q1a;;|i ozoz‘171aaquma 110 ‘fl?ll?l??mums:simwié 11.1man uo;1Ja1a up ;u um]dq qaamhaa 51251111113.!12111310a(11?u15snqunJ ‘utuauq 11 q?nozog Ja?uu uAGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 8 of 198 .¥,i_x OZOZ‘9 135101361330113313) 1ntI;J;un11y;11n1n?a\3gq?nuau?11113155;qn;qu~ ggswaga1nJ;;;1aaj;) ozoz ‘17IJaquneb 110 ‘fl?lwwai111191552>1v.umr£u.U11af1 110113313up JIJum]ciq Q3.I1llb2|.151:5111111311mJu;o a(11?u15snq1mJ.1a1]R1R{[1‘ucquuq )[.'|3[:)1.[3nO10?‘;J31'}{asgv as V Ja?uuuw‘sxamod[an 5 aqluanu 1 11.1as muugo sq uuaqlllau; 9808 J IIIIUIIUEF—OZOZJ3Fl11l3?0€F l1.1HU?]UUf[J§01 ma?a]d1nq ;1aq;1eI>AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 9 of 198 OZOZ‘9 13510136311011331217) 1ndmun1;y;;m1nIiag§q?nuau?qunmg qnyqu ygmag;go 3121;111:333) zasauv 9111c]Ja?nuxzw‘sxa/nod[9 gym ozozq a uanuz.fun Jll!J§]l!IJI])aqnlmgf SZOZ Jallwa??a?—OZOZaaqmauua? qmu?1 ‘nag 123115uu;1Ja1naata.1;_.[]Iam01112113313ci11n?a1qua ¢i1nq su m 511a1smj7;qxnqnmg ozoz ‘171.1aqu1Jgp no ‘qii11u1u%qumsggqnyqugg111maq 1tu11Ja1a1112;n um]dq 11a.1111ba.159511111131119131110aqx?unssnqum ‘uuxuuq 11AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 10 of 198 OZOZ‘9 NIIUJJQD1W.11J3I2ID 1ndmun1;y;amn?magq?nuau?qunm:qnyqu ggsnag;axnzyyaaja; xpalg)q?nozog ‘aam sgv ‘sany 9 HQ n?uuuw‘smmodpt:_A1 ozozr .1 Insane;un qamas muuju anaxJaqtllam; SZOZ Jaqmaane?—ozoz Jaqutaqngg unsung1 wag;mug uanJa1u1e{gaagl,’amu1qa1Ja1a d111:?a1mmdmq su m 1IU11B%‘?.1R1?D,, ozoz‘v1 13IIU1J€D110 ‘fl?nw?111191552¥1P.1l1°‘5£11.1Q12-Q uu;1Ja1a up 10 dq qaamhaa 59 51111113113131130aq1?1115zmqum.1311}!‘ucquuzl 11 «.-4;-,__.E 1 ,_.- /%§&§\A’ .‘'.g:_ ’ yr.cg».33?»>,,>:".$33‘2;/AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 11 of 198 OZOZ‘9 13510136131"J.11J31Q?> 1ndu1un1;gr;m1n?a~agq?nuau?q1m15;;qn;qu~ 5gun;1;u?nJa~ag a1nJ;;;1aaj;; 41913 q?nomg ‘aam'1 sr[V 115911 uq Ja?tzuuw‘$19/nod [an ozoz 3 .1 nuauugf un as [IIIJIJJU anas.Iaq1uau,< SZOZ ~13Fl1Il3|10€F—OZOZ~13|»'11lI3u0é{E qmnmmug azyqaacgqnnxggdug mmsnuumramcuQ31J2|]3 ¢i11n?a1 qua 1131111'3'€E.€D 313.11“- ozoz‘171aaqungp no ‘q?nuaugg 11113155;qnyqugg11;xuaq uuuJa1a up 10 um]dq qzmnhaa an 5u1n1aa1m:n;;u iiunsznqum .1a1;n1n(11‘uuxuuq 11AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 12 of 198 0302 ‘9 Jall?lléb 11011331279 1nd,1J,1un1{y;.1n1n?a\a§q?nuau?11112155;qnyuu ggun;1;u?uJa~ag;ua1nJ;;;11a;|;;AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 13 of 198 "5'I‘v’.§"»‘ ;?"t§':;‘(§'w»} V \ {/ 0303 ‘9 135101363119113313?) 1ntI,1:«,1un1mF;m1n?aggq?nuaugg qumsggqn,qu~ ggswag;u a1nJ;111aaj;; asqv DJEQ 1a3uu\zp\1‘sJaA\od[an3 A1 ozoz(us Jaqu 0 us J as wumuanuuaqlllau; £802 Nllllla??é?—OZOZJ3ll1Il3uU€E mung 1 ma;123115azyqaacagam01 qa1Ja1a d11n?a1mm(211111sna g llaul?éif 511411121?) ozoz ‘171Jaqunga uu ‘q?nuau?11111215};:1n;qu~gg 11;mag 110111313ma;u um]dq 52 51u111a11mJ;;;u ?unssnqum wry‘uuxuuq 11ag qgnolog AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 14 of 198 OZOZ‘9 1311011619110113312?) 1nd;J;un1g;;m1n?a~agq?nuau?qunmg qn;qu~ gguu,11,1u?uJag5;u31233111337; gma )[Ja[3 q?nozog ‘azvm 95;“! any gjccl Ja?uuuw‘szamod[:2 gm oz 16 II III)J5 Illllljj?3|]0!Jlqllllw SZOZ »13|711113?0€F—OZOZJallma??g away 1 ‘mg;mag azyqaagamn1 qa1Ja1a d11nfia1nun&1m1su m 331.11%; ozoz‘171aaqungn no ‘qi1i11u1u%111112155;annqugg111Q13] dq Q3.11l1Il3.151:5111111211 af[1?u155vqumAGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 15 of 198 0202 ‘9 Nll?lléb 110113312?) ]1§d}J;1II111}1Famn?agg q?nuauggmums};qnyqu xgswag;u a1n:;;;1aaj;) '1 5‘I\ in c[Ja?uutzpq‘sxamod[auq _/q 020 1 K}J s1mJu;n aq cuJaqulawf SZOZ lallllla??éi?—0808 Jaqmaqug]: qmu?mug azyqaacg39%suamuaam01 113133121d11n?a1mm¢i1nq snc q zqfigpmag ozoz ‘171.1aqu1Jga no ‘q?noau?qumsygqnyqugg11;ruaq unuaap up 10 um]aq qa.11uba.1an 5u.1n1a.11913130 ?utssnuum.1a1;nn2(11‘umouq 11 q?nom?AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 16 of 198 0202 ‘9 13|I013€D 1IU.1133121D 1ndu1un11}1F.1n1n?a~a5q?nuaug qunmg qn;qn~ gguu;1;u?uJa~ag a1nJ;1111aj;; 3191:)q?noxog ‘DDQI asny uv GJBQ Ja?lzuupq‘amod [seq OZOZQ1 .1 J 0 I10 I]]l1IJI]]0 3|]0!.lJl]lllJ]§f £208 -131]M38?—ozoz Jaqxuaqugjz qmu?mag aagqaagdug suautna am01112113313mafia]qun ¢i]11Qsu m umunaéjg qyqnayf OZOZ‘171NIIUIJQD11"‘fl?ll?l??Q11Hl5IE¥1P.1l1°‘2T£11.111136 1101132113up30 um]dq qa.1mha.151251111113;112131310 ?uussnqum .1a1;12n2q1‘ucqauq 11 /,//‘§-oz‘rt‘AGENDA ITEM #7.C.Administration Of Oath Of Office To Newly Elected Officials.Page 17 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 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 approve Ordinance No. FY2021-01D. 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 30, 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 $253.00 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 9,750 (we have used over 13,000 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 deadlines we face, a plan of action should be adopted. AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 18 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough FISCAL IMPACT: Discussed above. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 19 of 198 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 #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 20 of 198 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 @ $150 per night per room for August and September Contribution to KIBSD for use of their facilities to set up EOC, testing sites & alternate care facility AGENDA ITEM #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 21 of 198 Preliminary Budget As of August 24, 2020 CARES Act Preliminary Budget 08242020 - Mtg with KIB (003)Page 1 City of Kodiak CARES Act Relief Fund 11,986,902.51$ 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 #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 22 of 198 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 #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 23 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-01D Page 1 of 2 Introduced by: Borough Manager, Michael Powers 1 Drafted by: Borough Manager and Finance Director 2 Introduced on: 10/15/2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-01D 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2021-01, FY2021 BUDGET, TO ACCOUNT FOR FEDERAL CARES 10 (CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY) ACT REVENUES THAT ARE 11 OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS 12 BETWEEN PROJECTS. 13 14 WHEREAS, the assembly acknowledges during the recent COVID-19 pandemic many of our 15 citizens and businesses are experiencing financial hardships; and 16 17 WHEREAS, the Federal Government provided funding under Section 601(a) of the Social 18 Security Act, and added by section 5001 of the CARES (Coronavirus Aid, Relief and Economic 19 Security) Act in response to the recent pandemic; and 20 21 WHEREAS, the Assembly passed resolution FY2020-32 accepting the CARES Act grant in the 22 amount of $5,792,501 for the benefit of the Kodiak Island Borough community; and 23 24 WHEREAS, the Assembly, wishes to make additional budget changes to reflect the evolving 25 needs of those impacted by COVID19, by approving a Solid Waste Utility Credit for those active 26 account holders who have been financially impacted by the COVID19 pandemic; and 27 28 WHEREAS, the Assembly wishes to provide additional budgeted funding to acquire testing 29 supplies used for the detection of COVID19. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH THAT: 33 34 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 35 Kodiak Island Borough Code of Ordinances. 36 37 Section 2: $1,546,000 for distribution to account holders of solid waste utility accounts as 38 defined in Resolution FY2021-19. 39 40 Section 3: $205,000 for shared expenses with the City of Kodiak. 41 42 Section 4: The amounts listed in sections 2 and 3 of this ordinance are hereby 43 appropriated for the purposes stated. 44 45 Effective Date: This ordinance takes effect upon adoption. 46 AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 24 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-01D Page 2 of 2 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS _ OF _ 2020. 49 50 KODIAK ISLAND BOROUGH 51 ATTEST: 52 53 ___________________________ 54 William Roberts, Mayor ___________________________ 55 Alise L. Rice, Borough Clerk 56 VOTES: 57 Ayes: 58 Noes: 59 AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 25 of 198 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 #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 26 of 198 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 #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 27 of 198 AGENDA ITEM #9.A.Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 28 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-01D Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Borough Manager and Finance Director 2 Introduced on: 10/15/2020 3 Public Hearing Date: 11/05/2020 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-01D 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2021-01, FY2021 BUDGET, TO ACCOUNT FOR FEDERAL CARES 10 (CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY) ACT REVENUES THAT ARE 11 OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS 12 BETWEEN PROJECTS. 13 14 WHEREAS, the assembly acknowledges during the recent COVID-19 pandemic many of our 15 citizens and businesses are experiencing financial hardships; and 16 17 WHEREAS, the Federal Government provided funding under Section 601(a) of the Social 18 Security Act, and added by section 5001 of the CARES (Coronavirus Aid, Relief and Economic 19 Security) Act in response to the recent pandemic; and 20 21 WHEREAS, the Assembly passed resolution FY2020-32 accepting the CARES Act grant in the 22 amount of $5,792,501 for the benefit of the Kodiak Island Borough community; and 23 24 WHEREAS, the Assembly, wishes to make additional budget changes to reflect the evolving 25 needs of those impacted by COVID19, by approving a Solid Waste Utility Credit for those active 26 account holders who have been financially impacted by the COVID19 pandemic; and 27 28 WHEREAS, the Assembly wishes to provide additional budgeted funding to acquire testing 29 supplies used for the detection of COVID19. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH THAT: 33 34 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 35 Kodiak Island Borough Code of Ordinances. 36 37 Section 2: $1,546,000 for distribution to account holders of solid waste utility accounts as 38 defined in Resolution FY2021-19. 39 40 Section 3: $205,000 for shared expenses with the City of Kodiak. 41 42 Section 4: Increase Borough Expenditures by $2860 to provide funding to KEDC for 43 costs associated with distribution of CARES funds. 44 45 VERSION 2 AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 29 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-01D Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 2 of 2 Section 5: Increase Borough Expenditures by $10,000 for Civil Air Patrol for loss of 46 revenue from community funding raising being curtailed due to Covid19. 47 48 Section 6: Provide $400,000 to the local Emergency Operations Center for testing 49 equipment and supplies, personal and clinical protection equipment, and 50 related supplies for Covid19 testing. 51 52 Section 7: Increase Borough Expenditures in the amount of $75,179 for the Kodiak 53 Rode & State Fairgrounds for expenses related to improvements and 54 repairs to promote social distancing while allowing community events. 55 56 Section 8: The amounts listed in sections 2 through 7 of this ordinance are hereby 57 appropriated for the purposes stated. 58 59 Effective Date: This ordinance takes effect upon adoption. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS _______ DAY OF ______ 2020. 63 64 KODIAK ISLAND BOROUGH 65 ATTEST: 66 67 ___________________________ 68 William Roberts, Mayor ___________________________ 69 Alise L. Rice, Borough Clerk 70 VOTES: 71 Ayes: 72 Noes: 73 AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 30 of 198 Kodiak Rodeo & State Fairgrounds 907-487-4440 Kodiakrodeostatefair.com October 26, 202 Dear Borough Assembly, The Kodiak Rodeo and State Fair Board members would like to extend a huge thank you for the CARES ACT non-profit funding we received. We have already begun a series of projects with the health and safety of our community in mind using the $45,586 we received from the borough. KRSF also received $11,500 in other grants that will be applied to these projects. Event Tents - $10,920 Bathroom Remodel - $5,000 Outdoor Arena Fencing Upgrades - $5,970 Outdoor Arena Footing - $ 35,196 Unfunded Balance - $ 27,179 Outdoor Seating - $ 0Unfunded Balance - $ 48,000 *seating for 1000 people @ 50 seat segments These projects are vital improvements and additions that will enable the KRSF board to produce an open-air Fair and Rodeo. It will also provide space for multiple other activities to be held outdoors. Unfortunately, we will be unable to complete the outdoor arena footing or purchase bleaches with the funds we have. We understand there is a remaining balance from the CARES ACT non-profit allocation. We kindly request the Borough Assembly consider awarding additional grant money to the Kodiak Rodeo and State Fairgrounds to complete these projects. The projects require $75,179 in additional funds to complete. The mission of our organization is to provide a site for a local Fair and Rodeo, a place to promote & exhibit livestock and produce, and to provide local entertainment. Thank you for your consideration. Warm regards, Kodiak Rodeo & State Fair Board AGENDA ITEM #9.A. Ordinance No. FY2021-01D Budget Amendment For Cares Funding To Provide F...Page 31 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 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 adopt Ordinance FY2021-18 subject to one effective clause. DISCUSSION: The Clerk's office mailed out 48 public hearing notices on October 20, 2020. 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 t he 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 cultural 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 C ity 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 Compreh ensive 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 th at 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. Rezoning it will be prohibited from subdividing and AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 32 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough 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 permit s cemetery use. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 33 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 34 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 35 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 36 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 37 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 38 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 39 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 40 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 41 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 42 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 43 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 44 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 45 of 198 PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING SEPTEMBER 16, 2020 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 46 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 47 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 48 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 49 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 50 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 51 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 52 of 198 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 53 of 198 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 #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 54 of 198 2 Randy Blondin 907-512-9494 AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 55 of 198 Kodiak Island Borough 710 Mill Bay Road Kodiak,Alaska 99615 My name is Richard Henson,I am the Native Village of Larsen Bay Tribal Council President and Postmaster.I have resided in Larsen Bay for a total of 30 plus years. As the President of the Native Village of Larsen Bay I feel it is a duty to do what is in the best interest ofthe Larsen Bay people.The land swap between the City of Larsen Bay,and Victor Michael Carlson,aka Michael Carlson will benefit the village of Larsen Bay as a whole.The City of Larsen Bay will receive property and a heated shop for the fuel truck,which is an asset during the winter in Larsen Bay.Larsen Bay is an elderly based community that can't afford to take chances on a frozen fuel truck The Native Village of Larsen Bay will also benefit by receiving property for desperately needed burial sites.The current site is eroding away so it is paramount for the community have this property. Thank You. Respectfully, ;4mzs_ Richard Henson LBTCPresident/Postmaster AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 56 of 198 Kodiak Island Borough 710 Mill Bay Rd Kodiak,Alaska 99615 My name is Marilyn Henson,I am currently residing in the village of Larsen Bay.I grew up and lived in Larsen Bay my entire 49 years.I currently hold a seat on the Larsen Bay Tribal Council and the City Council of Larsen Bay.I support the land swap between the City of Larsen Bay,and Victor M.Carlson,aka:Michael Carlson.The importance ofthe swap is to provide an adequate temperature facility for the storage ofthe City of Larsen Bay's fuel truck,which is an utmost need forthe village of Larsen Bay,due to the fact that the village of Larsen Bay is an elder based community.The village of Larsen Bay needsto assure our elders along with the rest of the community with on demand fuel deliveries if immediately requested.The heated facility would provide that service Living in Larsen Bay is not only a luxury but an opportunity as an individual,who I have become as a public service forthe village of Larsen say not only to recognize the needs but to support what is in the best interest ofthose who reside in Larsen Bay,to keep Larsen Bay. This swap will provide the Native Village of Larsen Bay with property for a cemetery,the City of Larsen Bay with property for a heated facility and an individual with property who is and always Wlllhave the dedication and interests of Larsen Bay in mind without question. I am supporting this swap for the welfare,safety and respect for our elder community and the future of Larsen Bay. Thank you for the consideration with this delicate important matter for the betterment and future of Larsen Bay. Respectfully, Marilyn H nson Larsen Bay AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 57 of 198 €1.53$3gssggéw CmnEwS___u::ou EU.._maEwS___u::ou_m£.:..Ew_u_mw..9:“>8:wm._m._E _co_u_.mon_w:_c_8mm._ww>weaumm:nn<”wEmz .to.E:m=3:9:mmwaxm9..._m:sSn?twucou o_>Ou3macmczmmc.2:3_m>m:.9mime:Ba3:....623Su?sm2:.6w:o~m..mp:toaazm>mm:wm._m._.6?cwniw._muo_m:_3o__2 ms» #00 AS:o_m_>_E=m_oBm_>e.3<52:86238E_o%w:8___>>u:_coN.E33:sea.E22_m_E%_$m>__E£w_m.__.v..EEco_§a28 -uEa::m_n_.w_>__e§am.~mS?wm?2,>8$5..538cmE228KmsetoSE9.<w.__._o§_EASNE.oz8.:E__eo am E._mu:ou>22:Eo;>>oh AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 58 of 198 gm «=0:/‘Clx?‘4.114//4:,_>.QAc.. xs,,.\,:%xeam.\Q 3. %k:Q%,mbwm\\9\N\ I.\U-\\ mm‘yeson033 CwnEw_>___u::ou EU..BEms___2s8_B_¢.EwEmw._6.:”>mm:mm.m._E Eo:_momm:_u_...3_m._mm>weaumm.E.<Uwrcmz .to.a3:3.__m5mmwixm3;m_>>Sn.m:._wu:ou n__>Ou996m::mmEm53_m>m:9?ame:Sm>m£.._mu:..aUm?zmw;Cow:o~w._ms»5&3>mm:mm._m._ho$cw_u_mw.__muo_mc_>>o__ow9? .38 émm:o_m_>_un:mn3m_>m5n<>mumum?u33o._.ucoammtou___>>wc_:oN.ucm._mm:u__n_:n_.Et:<_m_EmEmwm>__Emuw_m:_m-Hmo._.cozmimmcou .uEOEcm=u_._w_>_Emimm.Nmcozumm.umw>>owmmcmm?uzomomE228Kmtm?*0:o_ton_<m:_.5§_maémomi.ozmucm:=o._O “mm uEmu:ou>22:Eo;>>o._. .||l..||I|||ll_ AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 59 of 198 .-..1%,.».v..$.;Ir,2.m\¢/rm???”fnvmws L\Q.§§.<sg?sxxoe 2#.v(¥s3O\u/(Gish!xh? u_._. 2... \xmW|W.\m.WgQN. ._on_Em_>_CCJOU w_)_ ___EU_m.:._._...5">3:mm.m._:_ Eo?momm:_Emmz23>weaMm9_uc<uwEmz .to&%:3:9:mmmaxw9.5&2,:5.u.Ewu:ou no_N_umc_.?mE9.:3_m>m.59mime:Em>wF_.._ou._maUo?am«Euwew:oNw._9.:toaasm>mm:wm._m._“.0Scwu_mw.__muo_m:_>>o__o»9:. .38 Eu _ um..m_>_.:.E<5vwammzu33o._.ucoamwtou___>>m:_coN..25..mm:u__n:n_.E_u:<_m_Emu_mmz>__Emu_w_mEm.am8.:o_um>._wm:ou oz:m_EE_2u._m>;wm.~mcozumm.325ommwcmm‘fsomom.__._2;>£Km52...“.0:o_tom<wc_:o~mmwaémomi.ozmu:mc::O “um ntmucou>m_>_:E055 o._. AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 60 of 198 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, November 5, 2020, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: 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) (P&Z Case No. 21-003). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks@kodiakak.us, or hand deliver it to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9311. Attachments: • Map • Public hearing form • Ordinance No. FY2021-18 For those who wish to submit comments after the deadline, you may bring 11 paper copies during the meeting for distribution to the Assembly. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 61 of 198 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) (P&Z Case No. 21-003). AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 62 of 198 PUBLIC HEARING FORM 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) (P&Z Case No. 21-003). This is in support of Ordinance No. FY2021-18 This is in opposition of Ordinance No. FY2021-18 Other comments. Name: ________________________________________________________________________________ Residence Address: _____________________________________________________________________ Mailing Address: ________________________________________________________________________ Comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 63 of 198 FIRST_NAME LAST_NAME MAIL_LINE_1 MAIL_LINE_2 MAIL_CITY MAIL_STATE MAIL_ZIP CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 KIHA 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 LARSEN BAY LODGE INC PO BOX 92 LARSEN BAY, AK 99624 LARSEN BAY TRIBAL COUNCIL PO BOX 50 LARSEN BAY, AK 99624 STATE OF ALASKA PO BOX 11250 3132 CHANNEL DR JUNEAU, AK 99811-2500 TIAN SHAN HOLDINGS LLC PO BOX 128 LARSEN BAY, AK 99624 UYAK BAY LLC PO BOX 128 LARSEN BAY, AK 99624 ALLEN PANAMAROFF PO BOX 145 LARSEN BAY, AK 99624 ARNOLD CHARLIAGA 2320 DENNIS WAY ANCHORAGE, AK 99515 AUGUST AGA PO BOX 8625 KODIAK, AK 99615 BRIAN BLONDIN PO BOX 159 KODIAK, AK 99615 BRUCE KOSOSKI PO BOX 128 LARSEN BAY, AK 99624 CHRISTIAN ARNESON PO BOX 152 LARSEN BAY, AK 99624 DARLENE JOHNSON PO BOX 15 LARSEN BAY, AK 99624 DAVID HARMES PO BOX 83 LARSEN BAY, AK 99624 DIOCESE OF SITKA AND ALASKA ORTHODOX CHURCH IN AMERICA INC PO BOX 210569 ANCHORAGE, AK 99521 ELI SQUARTSOFF PO BOX 26 LARSEN BAY, AK 99624 EMERY SKOLFIELD ETAL C/O ARCHIE PETERSON PO BOX LVD MC GRATH, AK 99627 FRANK CARLSON PO BOX 92 LARSEN BAY, AK 99624 FREIDA PANAMAROFF C/O BIA 3601 C STREET #1100 ANCHORAGE, AK 99503 JACK WICK PO BOX 48 LARSEN BAY, AK 99624 JACOB WICK PO BOX 48 LARSEN BAY, AK 99624 JEFFREY RONN 9944 W PATRICK LN PEORIA, AZ 85383 JOANN EWALD 11186 HWY 1 COOK, MN 55723 KIHA 3137 MILL BAY RD KODIAK, AK 99615 LARS NAUM0FF 309 ERSKINE AVE #205 KODIAK, AK 99615 MARGIE HELMS PO BOX 126 LARSEN BAY, AK 99624 MARILYN AGA P O BOX 152 LARSEN BAY, AK 99624 MARILYN AGA ETAL P.O. BOX 152 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST 1712 AILOR RD DEARY, ID 83823 MARLENE KENOYER PO BOX 34 LARSEN BAY, AK 99624 AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 64 of 198 NATIVE VILLAGE LARSEN BAY PO BOX 50 LARSEN BAY, AK 99624 PANDA PROPERTIES LLC PO BOX 845 SALEM, UT 84653 ROY JONES PO BOX 90 LARSEN BAY, AK 99624 SAMUEL HALBERT 2665 FREEMAN RD NORTH POLE, AK 99705 SANDRA KATELNIKOFF-LESTER PO BOX 538 KODIAK, AK 99615 SARAH BLONDIN PO BOX 159 KODIAK, AK 99615 TAMMY HELMS 3805 EAST COTTONWOOD WAY WASILLA, AK 99654 TIMOTHY HURLEY PO BOX 864 KODIAK, AK 99615 VENESSA HOCHMUTH C/O 1912 MILL BAY ROAD #9 KODIAK, AK 99615 VICTOR M CARLSON PO BOX 92 LARSEN BAY, AK 99624 VIRGINIA STANTON PO BOX 124 LARSEN BAY, AK 99624 WILLIAM PERKINS 32838 OLD BUNKER HILL ROAD ST HELENS, OR 97051 AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 65 of 198 907-847-2239 09:28:02 a.m.11-03-2020 1/2 PUBLIC HEARING FORM 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)(P&Z Case No.21-003). K This is in support of Ordinance No.FY2021-18 This is in opposition of Ordinance No.FY2021-18 Other comments. Name: Residence Address:Q?C‘:3JQ \ Mai|ingAddress:PAC);E LBQSENB1:":‘\ Comments: Written comments may be submitted by email to clerks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the BorouihClerk's Of?ce,710 MillBaiRoad,Room 234,Kodiak,AK 99615.— AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 66 of 198 907-847-2239 09:28:26 a.m.11-03-2020 2/2 PUBLIC HEARING FORM 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)(P&Z Case No.21-003). E This is in support of Ordinance No.FY2021-18 This is in opposition of Ordinance No.FY2021-18 Other comments. -_'\ Name: Residence Address:?ay —-/Q5‘ «??(e 245/Mailing Address: Comments: Written comments may be submitted by email to c|erks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the Borouc.;hClerk's Of?ce,710 MillBaiRoad,Room 234,Kodiak,AK 99615.— AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 67 of 198 PUBLIC HEARING FORM Ordinance No.FY2021-18 Rezoning A Portion Of Tract 37,Township 30 Sodth,Range 20 West.Sec?fm 32.Seward Meridian From C -Conservation To R1 -Single Family Residential And PI -Public Use Land (Zoning Will correspond To Lots Created By Abbreviated Subdivision S21-O02)(P&Z Case No.21-003). This is in support of Ordinance No.FY2021-18 This is in opposition of Ordinance No.FY2021-18 Other comments. Name:m\*tCX\o.;k;C‘a:%(0;/\ Residence Address:Cli Q‘ MailingAddress:o\3§ Comments: j,bk-Ax/\' «.5 "Wax Gum. ‘SK.Qvegnseé \V441.or\~»,,.iCI.O\\\£9$~\r<\.\%M ‘M Q4 Written comments may be submitted by email to clerks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the BorouihClerk's Of?ce,710 MillBaiRoad,Room 234,Kodiak,AK 99615.— AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 68 of 198 PUBLIC HEARING FORM 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 PI -Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002)(P&Z Case No.21-003). 9/This is in support of Ordinance No.FY2021-18 This is in opposition of Ordinance No.FY2021-18 Other comments. Name:\/9 Residence Address:‘KL MailingAddress:R)7% Comments: 1/CW’,Hr\[660l/Oftlgg,0~f\aA}a(,6r\TL/1/*\A0vUr\(/r iv we julagar Pm/cal 6</ml L1 mivll Lvppof 0%jl'\[\q/i\€,’},o(\g_,_H’}’)eAQ?‘U‘Hi (Wv\wium';3, “l"r\\0<LA/m\l"LS\oL0r\U Written comments may be submitted by email to c|erks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the BorouihClerk's Office,710 MillBaiRoad.Room 234,Kodiak,AK 99615.— AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 69 of 198 PUBLIC HEARING FORM 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)(P&Z Case No.21-003). j This is in support of Ordinance No.FY2021-18 This is in opposition of Ordinance No.FY2021-18 Other comments. Name:COW’\_SQY'\ Residence Address:\(3\b €C«(;\v\QFOVNx’L1 Mailing Address:P O.Box 7,icursgenioauli»q GL6Z'1 Comments: 1 own C\\rWQl”’\Q\;€f\t/H65/Kr H“€ £_Q\_\:);\€Q"\rpmioerlv gglxiglx 1 qmux up in cwxci ixvéé Most oi (WYHg.T ijdiaporllie rczore. oi ‘r\«§s igmparly. Written comments may be submitted by email to c|erks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the BorouihClerk's Of?ce,710 MillBaiRoad.Room 234,Kodiak,AK 99615. AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 70 of 198 1 Lina Cruz From:Chantel Grubb <chantel.grubb@gmail.com> Sent:Wednesday, November 4, 2020 3:57 PM To:Clerks Subject:Opposing Ordinance No.FY2021-18 I would like to formally oppose Ordinance No.FY2021‐18. My name is Chantel Grubb I’m from Larsen bay but currently my address is 3247 S St Mihiel Cir, Wasilla AK 99654 my phone number is +19078412370. Please contact me with any additional information needed. This property should stay conservation property. Chantel Grubb Sent from my iPhone AGENDA ITEM #9.B. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 71 of 198 Na??a~u.~a=&w$.:=.w- .«$5.:\§mRegan:Quin ?o2::W3.Woma Wo?mw.>55 83 D.:53God£3-83 mmxGod 23.88 am zodnmO1_.cm._._o_._m>_~_zo >u:u__m:$=..a<3:cm:mEo:._._.==.m._uzo<m:.cm_.m8»...mn98 P3.5 9m woacnz>wmm3_u_<ormacma..203..wmv.mama.xoemx.>_mm_$um8_.mEm_Aoa_mx _m_m:amo_.o:n:>mmm3a_<8 3mm.ooaamamoz” o_.._=:m:nmzo.Inc»...a_»mNo:.:n>_uo3_o=onAqua.8.._.oE:mZ_u8 mos»?amaumno<<mm..mmnaoa3.mmima§m1.=m:_u..o3OIno:mm_.<m=o:._.oE I m=.u_m1m:..=<—~mmEm::m_>2. 2-I_.....__ncum_un:nANo:.:n2.:oolmmuoanno.03nwmmnmnu<mE.a<.u.2_m:u...=<.m.o:mu? 8».:&.Nnummzo.35:8. =<o:no:9Em:88&3‘<m&m__<.<0:_.:m<uasqm<9...noaamamo:Em mnmnrmaE._c__ozmmzan 8::manBx=8God.5983.mam:6o_m_.xm_6Em_8x.:m.ca .53 am__<m_.=8 3m wo8:m_._ O_m~x.mO=._nm.Io_<____mm<mom...moon.B».xoemx.>x82m...m .3 ..3.Oo3:..m:.m B<o::mmanouuomiomam maoo?mnma. :<0::m<mm:<ncmmaosm._u_mmmm8:3.33A. >nmn:3m3mH._<_mu._u:c__osmmnzu..o_.3.Oaimsomzo._u<~oB-3 mo_.Eomm<25Em:6m:_u3=oo33m3m351.5n_mmn___._m.<o::.m<"inn 3 umumanou_mmacnsnEm Emmzau3..n__m3_uS.o_._6Em>mmm:&_<. :6 _no&m_8_n:m AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 72 of 198 AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 73 of 198 5&5.~u~a=&w$.e=.w: Qbmnm=\..<.mw§=.m..Qmln 3o2::wm<Woma Hno?mw.>55 38$ EmonmGod£3-88 mmxGod £3-88 o_m:G@wo zodomon_ucw_._o_._m>w_zo >u:c=nrmmnzo<2:um.58o:._.=:nmnm2o<m:_um..u8»...mg98 P3.5 Em moaccs>mmm3a_< Owmacma.<32....wm<mama.xoamx.>_mmxm_...m8qmEmxoemx_m_m_.amo_.o:n:>mmm3c_<8 =2: oo=.__.:m=8on” O..&:m:nmzo._u<~§ .._a_~m~o:.:c>101:0:on._._.m33.._.oE:mEu 8 mo:=..wmaumnoEmma.mango:um.ma?a_sm:&m:_u_.o3OIOo=mm_.<m=o=403..I m.:u_m1m:.=<_~mmEm:mm_>3; 1..I_u:_u=ncmm_.m.a.No:.:nSEoo:.mmuo:n_no.03onmmnmna<mE=m<.m.m._m.._U.=<.mmo:mm... 25euwnommmzo.nfoos. =<o:no:2<<.m:8"mum?<m&m=<.<o:3m<u8<am<o:_.ooaamamo:Em mnmosma9.28 :mm:.:u 8::mammx=8sod.am-8S.mam:8 .on _..m..aam_.<m~:8 8m woacns o_m«x.m038.do2....wm<Nome.moon.mm»xoamx.>_A83m.as m ._. _O.a_:3m.Oo:=,:m:8 8<o:.:c manouuom?nmamaoocnmuma. =<o::m<mm_..<ncmmzosm.u_mmmmom__.am-8: >=mn:_.:m:.mu o_<_m_u._u:_u__n_._mm::m8::.Oaamzomzo._u<~8Im _uo_.Eomm<23Em:8macs:no3=.m:.mmama=..mqmma=:m<0:3m<case3 umum_.ooummma:_._=mEm Emmgao8..%~_.=uS_o_..85m>mmm=.c_< o_m_._G xon=m_Sx.cm AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 74 of 198 O_.n_:m:nm zo._..<~S._-3 wonoazu>tonne:0*._._.mn»3..qos=.m=._u8won»...xmauwno<<mmrmonmo:an.mmimnn33...»:_u_.o=_O I oo:m¢..<m=o:._.o_u._I m.:u_o_um:..=<_~mmEm:=m_>3: .2:I _:..._.n :3 F25 ANo:.:nE=_nozdmuoan.0 .03 o..3§_3.uE=.m<mu$n m:a&<.mmo:mu..- 8».=.mNnmmwzo.Baas. .\9_.T._-F-hm:/AV/I/W»//\ .5....mu..AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 75 of 198 ucm_._n _..m>_~_zmmom: o_.&:m:nm zo....<.~o§-3 wmnoaan>1033:03...?»3.._.oE=mEu8 mo:=..mason8Son».moomo:um.moimi _so..E.m=13:.O -no:mo_.<u=o=49 N.-m_=u_a_um:.=<momEo:».m_>3 1.._u:u=n cmm_.m...nANo..=:m<5:Oo?wmuosn._.o_.3m 0332.3 >uaasm§.m._!=<_m.o..m~..8~.=.mNnmmozo.nfoos. D Em _m5 mcuuo:2 O_....=:m=omzo._u<~o..:-3 ._._._.mrm_:ouuomaoaoqOaamsnm zo.m<~S_-a _H_059.ooaamam. zm:._m” mmmamzom>.E8mmu _<_m=._..n>nE_.mmm_ W\o..03 (L0 69Row.»39.: /M,w..b..-F/B .\®§.\ - 3aWu...1|O.n..>>? 3:500.»m.\co.,.ToW.T«.T..+10 Rn .$3.?‘. H.vUrM...,n..n.,_\.4M.m \ %.\e.@h N. ,.. bu9T,_P 5 ?n..3m\+.x .«:6» ,E, S»$.92 39+%>.:..x.N. TKwR:.\\m§,\u>.A. nu\. 333.x?\m\\.JN 0 +6?29Ntr .Fin ,$3 C._n. .30A.W+..£¢< __.5...L .§73 an, >“:3;?fe.‘n 0 ...P WP» <<:.=m=oo=.=_m:.m33cmmcca?mac<mam:8n_m:.m®xB_mxmx.:m.Exma8w8Lmm.8S.=.m=mn_o_..53nm_.<m_.ma85mwed::o_m_.x.m038..:o_s=_mmmama.Icon.N3.xoamx.>_A829 .AGENDA ITEM #9.B.Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 Sout...Page 76 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 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 adopt Ordinance No. FY2021-19. 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. ALTERNATIVES: AGENDA ITEM #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 77 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough No alternative recommended. FISCAL IMPACT: No Fiscal Impact. OTHER INFORMATION: No Other Information. AGENDA ITEM #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 78 of 198 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 #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 79 of 198 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 #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 80 of 198 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 #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 81 of 198 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 #9.C. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Islan...Page 82 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 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 adopt Ordinance No. FY2021-20. DISCUSSION: The Clerk's office mailed out 84 public hearing notices on October 20, 2020. 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. AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 83 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough 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 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 84 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 85 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 86 of 198 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 87 of 198 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 88 of 198 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 89 of 198 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 90 of 198 PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING SEPTEMBER 16, 2020AGENDA ITEM #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 91 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 92 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 93 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 94 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 95 of 198 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 #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 96 of 198 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 #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 97 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 98 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 99 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 100 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 101 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 102 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 103 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 104 of 198 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 #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 105 of 198 8,867square feet CAROLYN STLOWERMILLBAYRDCAROLYN STLOWERMILLBAYRD6,328square feet Case No. 21-002Applicant: Cache Seel Buildable Area and Setbacks Map drafted September 10, 2020By: 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 40 ' 40 ' 10' Utility Easement 10' Utility Easement AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 106 of 198 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 107 of 198 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 #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 108 of 198 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 109 of 198 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 110 of 198 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 111 of 198 M Im__o ml: _:qmmmam3Em no: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.3.0.3 Em 2.9: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_. Emam Emu m_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<8 m<oa=3E=mEm us_&c_m mumnm. _<<o:_a m_moE8 8 2:Em"Em 32.3 Emu Emnmm.3_u_<mmo:m Emu on2:3 8:5 cmam<m_ouma.:W:3 mmzmEm: cmimu:_u3.:ma 3..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.:_<=2 moim8 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 #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 112 of 198 ,_pa» :..n J u..‘watt:.1 J ,1. atn7 1'H...n n u q I 1 JJ Jr ..anS. . :2._. .l.l..no.D u? I1 .1.|'nI|...|.||.lllI ‘ u.?u... ..:.\.q 3!:. ...1_\ n V .53..‘(NW3-L.‘ v..1«T hs?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 #9.D.Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 113 of 198 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, November 5, 2020, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2021-20 Ordinance FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2 - Two-Family Residential To B - Business. If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks@kodiakak.us, or hand deliver it to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2021-20 For those who wish to submit comments after the deadline, you may bring 11 paper copies during the meeting for distribution to the Assembly. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 114 of 198 Ordinance No. FY2021-20 Ordinance FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2 - Two-Family Residential To B - Business. AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 115 of 198 PUBLIC HEARING FORM Ordinance No. FY2021-20 Ordinance FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2 - Two-Family Residential To B - Business. This is in support of Ordinance FY2021-20. This is in opposition of Ordinance FY2021-20. Other comments. Name: ________________________________________________________________________________ Residence Address: _____________________________________________________________________ Mailing Address: ________________________________________________________________________ Comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 116 of 198 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 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 2507DPO 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 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 117 of 198 WILLIAM HALL 415 UPPER MILL BAY ROAD KODIAK, AK 99615 WILLIAM LOY C/O ISHMAEL VAUDRIN 417 CEDAR STKODIAK, 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 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 AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 118 of 198 To Whom It May Concern: This letter is in response to the proposed rezoning of land that will allow for a business to be built next to our residence, that would also include two apartments. The lot that resides next to ours is small; with the proposed use of land being a business this brings concerns regarding traffic and concerns for the neighboring homes, and people who live here. The traffic from the post office already causes congestion and adding an additional business could lead to a more congested traffic flow, amongst impacting pedestrians. Having lived in my residence since the 70’s, I know firsthand how bad of a blind corner the location is and having to pull in and out of the driveway. Adding an additional stopping point such as the proposed business to an already tight road undoubtable cause more unneeded potential for accidents form vehicles trying to stop to pull in or out of what will only be a sliver of parking lot once the business and apartments are build there. Kodiak use to be a simple town with room to breathe, now businesses are being built in the middle of housing areas and does not feel like a small simple town. Kodiak is becoming the big city, living on top of one another. Where there are businesses there will be crime, that is just the way the world is. There are more appropriate locations for the warehouse to be built, which will also include two apartments that is not located in a residential area. The location for rezoning is not an appropriate location to build a warehouse, and will not benefit the neighborhood. I strongly disagree with the proposed rezoning plan. Respectfully Laurence Anderson AGENDA ITEM #9.D. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Hom...Page 119 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jacobs Engineering For Design And Cost Estimation For The 30% Design Of The Aeration Tank And Lamella Plate Clarifier In An Amount Not To Exceed $30,000. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2021-12 in an amount not to exceed $30,000 with Jacobs Engineering for design and cost estimation. DISCUSSION: This contract will fund the 30% design and estimating for the Aeration Tank Concept Design and pretreatment softening option for the Kodiak Island Borough Landfill Leachate Treatment Plant (LTP) to address the carbonate scale occurring in the plant process . This effort is anticipated to be the last design concept relating directly to the under performance of the LTP. This hybrid system will be reviewed and approved by the Alaska Department of Environmental Conservation prior to requesting funding for additional work. ALTERNATIVES: Take No Action FISCAL IMPACT: Funds for this project will come from the Solid Waste Enterprise Fund Budget. OTHER INFORMATION: This design contract will be the last of five studies that have been performed for the operati ng plant system to remove calcium carbonate and alter the pH of the leachate prior to entering and potentially effecting the plant process. AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 120 of 198 949 E. 36th Avenue, Suite 500 Anchorage, Alaska 99508 United States T +1.907.762.1500 F +1.907.762.1600 www.jacobs.com CH2M HILL Engineers, Inc. October 23, 2020 Attention: Dave Conrad Director of Engineering and Facilities Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Project Name: Kodiak LTP Subject: Letter Proposal for Aeration Tank Concept Design and Cost Estimate Dear Dave, This letter proposal is for preparation of a 30% design and cost estimate for the Aeration Tank pre- treatment softening option at the Kodiak Island Borough (KIB) landfill leachate treatment plant (LTP) to address calcium carbonate scale. Background: Jacobs has previously prepared 30% designs and cost estimate packages for a chemical softening system, a lagoon aeration softening and solids removal system, and a hybrid lagoon aeration and clarifier softening system at the KIB LTP. Recent discussions have led to a fourth option for conducting the aeration softening in an enclosed tank, which has the advantage of eliminating chemicals, less energy for aeration, and keeping all equipment enclosed in the LTP building. We are calling this option the Aeration Tank option. Jacobs has already evaluated the technical feasibility of this option and prepared a rough concept design for aeration tank sizing, building addition sizing, and pipe routing using markups on existing LTP drawings. This proposal covers additional work to bring this Aeration Tank option to 30% design and cost estimate for appropriate comparison with the other softening alternatives. The scope of work will be as follows:  Site visit. Luke Rubalcava/Jacobs will conduct a 1-day site visit to verify existing conditions and feasibility for modifications involving pipe routing, influent pumps, leachate lagoon, various components of the LTP in preparation for the design.  30% design. Review and confirm assumptions with KIB, confirm sizing of proposed system components including pumps, develop a P&ID, design the power feed, and determine if additional building heating will be required. AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 121 of 198 October 23, 2020 Subject: Letter Proposal for Aeration Tank Concept Design and Cost Estimate 2  Design narrative. The design narrative will be a Microsoft Word document describing the Aeration Tank system. Jacobs will use the design definition report prepared for the Lagoon Aeration as basis of the narrative and adjust as needed for the Aeration Tank option.  30% cost estimate. Jacobs will prepare materials take-off list for development of a 30% level AACE Class 4 construction cost estimate for the Aeration Tank option. The cost estimate will include final design, bid support, total construction costs, and engineering services during construction. Previously-prepared cost estimates will be used to the maximum extent practical. We propose to complete this work on a time and materials basis under the terms and conditions of our standard agreement for professional services, attached. The estimated total price for this work is $30,000. We will complete this work within 45 calendar days of notice to proceed. For clarification purposes, CH2M HILL Engineers, Inc. is the applicable legal entity to receive the award based on this proposal. If you have any questions about this, please contact Cory Hinds at (907) 229-6809. Yours sincerely CH2M HILL Engineers, Inc. Cory Hinds Project Manager Patrick Kalita Manager of Projects Copies to: Jacobs project file AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 122 of 198 Rate Sheet for Aeration Tank Concept Design Staff Project role 2020 Billing Rate ($/hr) Cory Hinds Project Manager $185 Luke Rubalcava Process Engineer $180 Dave Brunkow Process Engineer $190 Gary Hickman Water Treatment $190 Jim Landman Electrical Engineer $190 James Cutz Mechanical Engineer $190 Tom Jones Cost Estimator $190 Jennifer McRae Project Controls $185 Melinda Willis Technical Editor $100 Kristi Neptun Project Executive $190 Joanna Burowska Project Accounting $75 AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 123 of 198 FORM 124 1 REVISED: 6/18 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CONSULTANT’S ADDRESS: 949 E. 36th Avenue, Suite 500, Anchorage, AK 99517 PROJECT NAME: Aeration Tank Concept Design CLIENT: Kodiak Island Borough CLIENT’S ADDRESS: 710 Mill Bay Road, Kodiak, AK 99615 CLIENT requests and authorizes CH2M HILL Engineers, Inc. (hereinafter “CONSULTANT”) to perform the following Services: Scope of Services CONSULTANT in support of the Client shall provide Engineering/Consulting services at the request of the Client and in accordance with CONSULTANT’s proposal dated _October 23, 2020 __________________, attached hereto. Compensation Compensation shall as set forth in CONSULTANT’s proposal. Compensation terms may be Time and Expense or Fixed Price type fee(s). Time and Expense rates shall be billed in accordance with the Compensation Schedule submitted with each proposal. Direct Expenses associated with Time and Expense compensation shall be billed as outlined in Provision 3 of this Agreement. CONSULTANT agrees not to incur costs in excess any Not to Exceed value set forth in the proposal without prior approval of the Client. CONSULTANT shall invoice the client on a monthly basis, and payment shall be due and payable within 30 days thereafter. Other Terms The CONSULTANT Technical Point of Contact for this Agreement shall be: Cory Hinds The Client Technical Point(s) of Contact for this Agreement shall be: David Conrad Services covered by this Agreement will be performed in accordance with the Provisions and any attachments or schedules. This Agreement supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: CH2M HILL ENGINEERS, INC.: Signature Name (printed) Name (printed) Patrick Kalita Title Title Manager of Projects Date Date 10/23/20 AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 124 of 198 FORM 124 2 REVISED: 6/18 PROVISIONS 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CONSULTANT to proceed with the Services, unless otherwise provided for in this AGREEMENT. 2. Compensation Compensation shall be as specified with the Compensation section on Page 1. 3. Subcontracts and Direct Expenses When Services are performed on a time and materials basis the rates for CONSULTANT’s and its affiliate’s employees are those hourly or daily rates charged for work performed on the Project by such employees. These rates are contained in the COMPENSATION section on Page 1 or attached hereto and except as noted, are subject to a 4% annual calendar year escalation/adjustment. A markup of ___10____ percent will be applied to subcontracts and outside services and Direct Expenses will be billed at actual cost. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, shipping, equipment and supplies; (2) CONSULTANT’s current standard rate charges for direct use of CONSULTANT’s vehicles, laboratory test and analysis, and certain field equipment; and (3) CONSULTANT’s standard project charges for computing systems, and health and safety requirements of OSHA, MSHA and similar requirements as set forth in CONSULTANT’s rate schedule. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CONSULTANT’s compensation when invoicing CLIENT. 4. Cost Opinions Any cost opinions or Project economic evaluations provided by CONSULTANT will be on a basis of experience and judgment, but, since CONSULTANT has no control over market conditions or bidding procedures, CONSULTANT cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 5. Standard of Care CONSULTANT warrants that its services will be performed in accordance with generally accepted standards in the industry for a one (1) year period after completion. CONSULTANT makes no other warranties or guarantees, express, implied, statutory or otherwise. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. If any of our services are found to be deficient within the one-year period following their completion, CONSULTANT will provide the additional services (within the scope of the original services provided) necessary to correct the deficiency at no cost to CLIENT, provided that CONSUTLANT is advised of such deficiency in a timely manner within such one- year period. CONSULTANT’s services will be deemed completed when CONSULTANT delivers the final version of its Work Product. This provision of additional services constitutes our sole liability and is CLIENT’s exclusive remedy with respect to any deficient services; and CONSULTANT shall have no liability for costs related to repair, replacement, addition or deletion of equipment or facilities, regardless of cause, including the fault, breach of contract, tort (including concurrent or sole and exclusive negligence), strict liability or otherwise. 6. Termination This AGREEMENT may be terminated for convenience on 30 days written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, CONSULTANT will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 7. Payment to CONSULTANT All payments shall be due, and paid within thirty (30) days from the date of invoice. Past due invoices shall bear interest at a rate of 1½ % per month. CONSULTANT may, without liability of any kind, stop work in the event any payment becomes past due. All payments shall be made free and clear of, and without reduction for or on account of, any present or future income taxes, value added taxes (VAT), stamp, consumption, or other taxes, levies, imports, duties, charges, fees, deductions, withholdings, restrictions or conditions of any nature whatsoever now or hereafter imposed, levied, collected, withheld or assessed by any governmental entity or authority other than the Government of the United States, or a State or local government within the United States. To the extent any tax or withholding is imposed by a governmental entity or authority other than the Government of the United States, or a State or local government within the United States, CLIENT agrees to adjust CONSULTANT’s payments such that the net amount actually paid equals to the prices stated in CONSULTANT’s proposal. 8. Limitation of Liability CLIENT agrees that CONSULTANT’s total liability (per occurrence and in the aggregate) to CLIENT arising out of or related to our services shall not exceed one hundred percent (100%) of the monies actually paid to CONSULTANT under or pursuant to this Agreement, regardless of whether the loss or damage is a result of breach of contract, warranty, tort (including negligence), strict liability or otherwise. 9. Severability and Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 10. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CONSULTANT and has no third party beneficiaries except as provided in Provision 12. 11. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that CONSULTANT is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. CLIENT recognizes that CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than CONSULTANT. 12. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party; provided however, CONSULTANT may novate this AGREEMENT to an affiliate in the case of normal corporate restructuring, provided any such novation does not adversely affect its ability to perform this AGREEMENT. Any other unauthorized assignment is void and unenforceable. 13. Integration This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services or in response to CONSULTANT’s proposal, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT and this AGREEMENT shall govern all Services. 14. Force Majeure AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 125 of 198 FORM 124 3 REVISED: 6/18 If performance of the Services is affected by causes beyond CONSULTANT’s reasonable control, project schedule and compensation shall be equitably adjusted. 15. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 16. Changes CLIENT may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT’s cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 17. Indemnification CONSULTANT agrees to defend, indemnify and hold CLIENT harmless from claims by third parties for personal injury (including our employees) to the extent caused by CONSULTANT’s negligence, violation of law, or willful misconduct while in CLIENT’s offices or on property which CLIENT owns or which is under CLIENT’s control. The reports, studies, opinions, analyses, evaluations, recommendations, sketches, calculations, deliverables, drawings, designs, or other engineering services (hereinafter referred to as the “Work Product”) furnished under or related to this Agreement are for CLIENT’s sole use and benefit. There are no intended third-party beneficiaries. CONSULTANT agrees to defend and indemnify CLIENT from claims that the Work Product violates the patent rights, copyrights, or other intellectual property rights of any third party. As consideration for CONSULTANT providing the Work Product, CLIENT agrees to defend, indemnify, and hold CONSULTANT harmless from claims by third parties for personal injury (including death), property damage, fines, penalties or other liabilities arising from or related to the Work Product, including claims based on failure to discover, detect, or warn CLIENT, government agencies, or the public of any danger, hazard, or unsafe condition. For third party claims against CLIENT arising from or related to the Work Product, CLIENT hereby waive claims against, and covenant not to sue CONSULTANT for indemnity, contribution or subrogation. CLIENT’s contractual indemnity shall apply regardless of whether the indemnitor is a party to the action or a non-party; and regardless of the indemnitor’s immunity from suit, whether granted by statute or other law, by judgment or via a release of liability obtained from the third-party; regardless of whether the rules of liability under any applicable law or regulation allocate liability differently than as agreed to herein; and regardless of our fault, breach of contract, tort (including concurrent or sole and exclusive negligence), strict liability or breach of warranty. . 18. Waiver of Damages Both parties agree to waive and release each other from all liability, claims, demands, and causes of action for any contingent, consequential, special, indirect or other similar damages including without limitation loss of revenue or profit, loss of use, loss of product or production, increased operating costs, business interruption losses, delay damages or other similar damages (whether such damages are characterized as direct or indirect), or, regardless of cause, including breach of contract, tort (including sole or concurrent negligence), strict liability or otherwise. 19. Reuse of PROJECT Documents All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CLIENT agrees to indemnify CONSULTANT and its officers, employees, subcontractors and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these PROJECT documents. 20. Access to Facilities and Property CLIENT will make its facilities (or any third party property) accessible to CONSULTANT as required for CONSULTANT's performance of its services and will provide labor and safety equipment as required by CONSULTANT for such access. CLIENT will perform, at no cost to CONSULTANT, such tests of equipment, machinery, pipelines, and other components of CLIENT's facilities as may be required in connection with CONSULTANT's services. 21. Client-Furnished Data CLIENT will provide to CONSULTANT all data in CLIENT's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CLIENT. 22. Ownership of Work Product and Inventions All of the work product of CONSULTANT in executing the Services shall remain the property of CONSULTANT. CLIENT shall receive a perpetual, royalty-free, non-transferable, non- exclusive license to use the deliverables for the purpose for which they were intended. Any inventions, patents, copyrights, computer software, or other intellectual property developed during the course of, or as a result of, the Services shall remain the property of CONSULTANT. 23. Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution. These conditions and cost/execution effects are not the responsibility of CONSULTANT. 24. Restrictions The terms of this AGREEMENT shall not be valid for staff augmentation, remediation activities, materials procurement or construction services. This AGREEMENT is not intended to create an agency relationship between the parties. Additional provisions may be negotiated as required for those services. 25. CONSULTANT's Personnel at Client Site 25.1 The presence or duties of CONSULTANT's personnel onsite, whether as onsite representatives or otherwise, do not make CONSULTANT or its personnel in any way responsible for those duties that belong to Client and/or their contractors or other entities, and do not relieve the Client’s contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with their contract documents, project specifications and any health or safety precautions required by such work. 25.2 CONSULTANT and its personnel have no authority to exercise any control over any contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT's own personnel. However, if CONSULTANT’s personnel observe health or safety deficiencies, they shall promptly report same to Client. AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 126 of 198 FORM 124 4 REVISED: 6/18 25.3 The presence of CONSULTANT's personnel onsite is for the purpose of providing to Client a greater degree of confidence that the completed services and work will conform generally to the project specifications and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the contractor(s). CONSULTANT neither guarantees the performance of the Client’s contractor(s) nor assumes responsibility for Client’s contractor's failure to perform work in accordance with the project specifications. 26. Asbestos or Hazardous Substances If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. Client recognizes that CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than CONSULTANT. 27. Anti-Corruption Compliance Neither Party shall pay, promise to pay, or authorize the payment of any money or anything of value, directly or indirectly, to any person (whether a government official or private individual) for the purposes of illegally or improperly inducing anyone to take action favorable to any Party in connection with the Services. Either Party may require written confirmation of the other’s compliance with this obligation. AGENDA ITEM #13.A.1. Authorize The Borough Manager To Execute Contract No. FY2021-12 With Jac...Page 127 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-12 Ratifying And Certifying The Results Of The October 6, 2020 Regular Municipal Election. ORIGINATOR: Alise Rice RECOMMENDATION: Move to adopt version 2 of Resolution No. FY2021-12. DISCUSSION: Borough Code 7.40.020 Certification of the election; states that as soon as possible after the canvass of returns is completed, the Borough Assembly shall meet to receive the report of the canvass board and if after considering said report, the assembly de termines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. The local regular municipal election was held on Tuesday, October 6, 2020. The Canvass Board met on October 14, 2020 and examined in detail all Ballot By Mail, Write-In, Personal Representative, and Questioned Ballots. Personal Representative Registers and Questioned Registers from each of Precincts of the Kodiak Island Borough. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Code, Title 7 Elections, Chapter 7.40 Canvassing and Certification of Election Returns, 7.40.020 Certification of the election: A. As soon as possible after completion of the canvass, the assembly shall meet in public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. B. If the canvass board reports a failure to comply with provisions of state law and borough ordinance or illegal election practices occurred and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns or may declare the entire election invalid and order a new election. C. If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be conducted immediately by the canvassing board and the results reported to the assembly. D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately cause the canvass board to recount the votes. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 128 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough fairly by lot from among the candidates tying in a meeting of the assembly and under its direction. E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each person elected to office a “certificate of election” signed by the clerk and authenticated by the seal of the borough. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986]. AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 129 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Page 1 of 3 Introduced by: Borough Clerk’s Office 1 Drafted by: Borough Clerk, Alise L. Rice 2 Introduced on: 11/05/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-12 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND 9 CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD ON OCTOBER 6, 2020 10 11 WHEREAS, the Kodiak Island Borough held a Regular Election on October 6, 2020, at which 12 time candidates for the following offices were voted on: 13 14 Borough Assembly 3 Seats 3 Year Term School Board 2 Seats 3 Year Term Bay View Road Service Area Board 1 Seat 3 Year Term Fire Protection Area No. 1 Board 2 Seats 3 Year Term Monashka Bay Road Service Area Board 1 Seat 3 Year Term Service Area No. 1 Board 3 Seats 3 Year Term Womens Bay Service Area Board 3 Seats 3 Year Term The election was also held for the purpose of voting on the following proposition: Proposition NO.1 Shall the Kodiak Island Borough Assembly be authorized to make grants from the Facilities Fund, for bond payments in annual amounts not to exceed the following schedule? FY2022 - $3,100,000 FY2023 - $3,100,000 FY2024 - $3,100,000 FY2025 - $3,100,000 FY2026 - $2,100,000 15 WHEREAS, the Canvass Board of the Kodiak Island Borough appointed by the Kodiak Island 16 Borough Assembly met on October 14, 2020 and tallied the votes as follows: 17 18 Borough Assembly – 3 Seats, 3 Year Terms 19 Julie Kavanaugh ……………………………………………………………………………… 1114 Geoffrey Smith …………..…………………………………………………………………… 1092 Aimee Williams …………..…………………………………………………………………… 1084 School Board – 2 Seats, 3 Year Terms 20 Duncan Fields ………………………………………………………………………………… 1524 Katie Oliver …………………………………………………………………………………… 1584 21 22 Version 2 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 130 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Page 2 of 3 Proposition No. 1 - Requires a 2/3 Vote Of The 10, 258 1,756 Qualified Registered Voters 23 (6,838) (1,170) 24 Yes ………...……………..…………………………………………………………………… 989 No …………….……………………………………………………………………………….. 767 25 Bay View Road Service Area Board – 1 Seat, 3 Year Term 26 No Candidates 0 27 Fire Protection Area No. 1 Board – 2 Seat, 3 Year Term 28 Richard Carstens...…………………………………………………………………………... 665 Anthony “Craig" Walton ...…………………………………………………………………… 679 29 Monashka Bay Road Service Area Board – 1 Seats, 3 Year Term 30 Write In Patrick Joseph O’Donnell ………………………………………………………… 3 31 Service Area No. 1 Board - 3 Seats, 3 Year Term 32 Curtis Howell …………….…………………………………………………………………… 504 Scott Arndt ……………….…………………………………………………………………… 455 Mike Sirofchuck ………….…………………………………………………………………… 485 33 Womens Bay Service Area Board - 1 Seat, 3 Year Term 34 Greg Egle ………………..…………………………………………………………………… 199 David Heuman ……………………………………………………………………………….. 185 2020 Election Results 2019 Election Results 35 Precinct Total Registered Voters Votes Cast Percentage Total Registered Voters Votes Cast Percent age 32/800 - Chiniak 137 36 26.28% 140 35 25.00% 32/810 - Flats 1,845 247 13.39% 1,757 152 8.65% 32/815 - Larsen Bay 167 21 13.77% 171 24 14.04% 32/815 - Akhiok 1 not recorded 32/815 - Karluk 1 32/820 - Kodiak No. 1 2,049 389 18.98% 2,033 229 11.26% 32/825 - Kodiak No. 2 1,996 339 16.98% 2,023 180 8.90% 32/830 - Mission Road 3,571 994 26.44% 3,470 578 16.66% 32/835 - Old Harbor 149 11 7.38% 157 44 28.03% 32/840 - Ouzinkie 146 80 49.32% 159 59 37.11% 32/845 - Port Lions 198 23 11.62% 194 37 19.07% Totals 10,258 2,084 20.32% 10,104 1,550 15.34% 36 Historical Voter Turn Out 37 October 2020 20.32% October 2019 15.34% October 2018 12.61% October 2017 18.08% October 2016 24.36% 38 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT the Assembly finds that the Municipal Election of October 6, 2020, was validly 40 held and hereby ratifies and certifies the results of the election: 41 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 131 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Page 3 of 3 Section 1: In the Borough-wide election for Assembly, Julie Kavanaugh, Geoffrey Smith, 42 and Aimee Williams, were elected to a three year term each. 43 44 Section 2: In the Borough-wide election for Borough School Board, Duncan Fields, and 45 Katie Oliver, were elected to a three year term each. 46 47 Section 3: In the Bay View Road Service Area, there were no candidates. The seat will be 48 filled by appointment by the Borough Assembly per KIBC 4.15.040 D & E. 49 50 Section 4: In the Fire Protection Area No. 1, Anthony “Craig” Walton and Richard 51 Carstens were elected to a three year term each. 52 53 Section 5: In the Monashka Bay Road Service Area, Patrick Joseph O’Donnell, a write-in 54 candidate, was elected to a three year term. 55 56 Section 6: In the Service Area No. 1, Scott Arndt, Curtis Howell, and Mike Sirofchuck were 57 elected to a three year term each. 58 59 Section 7: In the Womens Bay Service Area Board, Greg Egle and David Heuman were 60 elected to a three year term each. 61 62 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 63 ISLAND BOROUGH THAT the election was validly held and that the Clerk is directed to deliver 64 to each person elected to office a certificate of election. 65 66 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 THIS ____ DAY OF _________, 2020. 68 69 KODIAK ISLAND BOROUGH 70 71 ATTEST: 72 ___________________________ 73 William Roberts, Mayor ___________________________ 74 Alise L Rice, Borough Clerk 75 76 VOTES: 77 Ayes: 78 Noes: 79 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 132 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Deletion – Red, Strikeout Page 1 of 3 Insertion – Blue, Bold Version 1 Introduced by: Borough Clerk’s Office 1 Drafted by: Borough Clerk, Alise L. Rice 2 Introduced on: 11/05/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-12 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND 9 CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD ON OCTOBER 6, 2020 10 11 WHEREAS, the Kodiak Island Borough held a Regular Election on October 6, 2020, at which 12 time candidates for the following offices were voted on: 13 14 Borough Assembly 3 Seats 3 Year Term School Board 2 Seats 3 Year Term Bay View Road Service Area Board 1 Seat 3 Year Term Fire Protection Area No. 1 Board 2 Seats 3 Year Term Monashka Bay Road Service Area Board 1 Seat 3 Year Term Service Area No. 1 Board 3 Seats 3 Year Term Womens Bay Service Area Board 3 Seats 3 Year Term The election was also held for the purpose of voting on the following proposition: Proposition NO.1 Shall the Kodiak Island Borough Assembly be authorized to make grants from the Facilities Fund, for bond payments in annual amounts not to exceed the following schedule? FY2022 - $3,100,000 FY2023 - $3,100,000 FY2024 - $3,100,000 FY2025 - $3,100,000 FY2026 - $2,100,000 15 WHEREAS, the Canvass Board of the Kodiak Island Borough appointed by the Kodiak Island 16 Borough Assembly met on October 14, 2020 and tallied the votes as follows: 17 18 Borough Assembly – 3 Seats, 3 Year Terms 19 Julie Kavanaugh ……………………………………………………………………………… 1114 Geoffrey Smith …………..…………………………………………………………………… 1092 Aimee Williams …………..…………………………………………………………………… 1084 School Board – 2 Seats, 3 Year Terms 20 Duncan Fields ………………………………………………………………………………… 1524 Katie Oliver …………………………………………………………………………………… 1584 21 22 Version 1 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 133 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Deletion – Red, Strikeout Page 2 of 3 Insertion – Blue, Bold Version 1 Proposition No. 1 - Requires a 2/3 Vote Of The 10,258 Registered Voters (6,838) 23 Yes ………...……………..…………………………………………………………………… 989 No …………….……………………………………………………………………………….. 767 24 Bay View Road Service Area Board – 1 Seat, 3 Year Term 25 No Candidates 0 26 Fire Protection Area No. 1 Board – 2 Seat, 3 Year Term 27 Richard Carstens...…………………………………………………………………………... 665 Anthony “Craig" Walton ...…………………………………………………………………… 679 28 Monashka Bay Road Service Area Board – 1 Seats, 3 Year Term 29 Write In Patrick Joseph O’Donnell ………………………………………………………… 3 30 Service Area No. 1 Board - 3 Seats, 3 Year Term 31 Curtis Howell …………….…………………………………………………………………… 504 Scott Arndt ……………….…………………………………………………………………… 455 Mike Sirofchuck ………….…………………………………………………………………… 485 32 Womens Bay Service Area Board - 1 Seat, 3 Year Term 33 Greg Egle ………………..…………………………………………………………………… 199 David Heuman ……………………………………………………………………………….. 185 2020 Election Results 2019 Election Results 34 Precinct Total Registered Voters Votes Cast Percentage Total Registered Voters Votes Cast Percent age 32/800 - Chiniak 137 36 26.28% 140 35 25.00% 32/810 - Flats 1,845 247 13.39% 1,757 152 8.65% 32/815 - Larsen Bay 167 21 13.77% 171 24 14.04% 32/815 - Akhiok 1 not recorded 32/815 - Karluk 1 32/820 - Kodiak No. 1 2,049 389 18.98% 2,033 229 11.26% 32/825 - Kodiak No. 2 1,996 339 16.98% 2,023 180 8.90% 32/830 - Mission Road 3,571 994 26.44% 3,470 578 16.66% 32/835 - Old Harbor 149 11 7.38% 157 44 28.03% 32/840 - Ouzinkie 146 80 49.32% 159 59 37.11% 32/845 - Port Lions 198 23 11.62% 194 37 19.07% Totals 10,258 2,084 20.32% 10,104 1,550 15.34% 35 Historical Voter Turn Out 36 October 2020 15.67% October 2019 15.34% October 2018 12.61% October 2017 18.08% October 2016 24.36% 37 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT the Assembly finds that the Municipal Election of October 6, 2020, was validly 39 held and hereby ratifies and certifies the results of the election: 40 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 134 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-12 Deletion – Red, Strikeout Page 3 of 3 Insertion – Blue, Bold Version 1 Section 1: In the Borough-wide election for Assembly, Julie Kavanaugh, Geoffrey Smith, 41 and Aimee Williams, were elected to a three year term each. 42 43 Section 2: In the Borough-wide election for Borough School Board, Duncan Fields, and 44 Katie Oliver, were elected to a three year term each. 45 46 Section 3: In the Bay View Road Service Area, there were no candidates. The seat will be 47 filled by appointment by the Borough Assembly per KIBC 4.15.040 D & E. 48 49 Section 4: In the Fire Protection Area No. 1, Anthony “Craig” Walton and Richard 50 Carstens were elected to a three year term each. 51 52 Section 5: In the Monashka Bay Road Service Area, Patrick Joseph O’Donnell, a write-in 53 candidate, was elected to a three year term. 54 55 Section 6: In the Service Area No. 1, Scott Arndt, Curtis Howell, and Mike Sirofchuck were 56 elected to a three year term each. 57 58 Section 7: In the Womens Bay Service Area Board, Greg Egle and David Heuman were 59 elected to a three year term each. 60 61 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 62 ISLAND BOROUGH THAT the election was validly held and that the Clerk is directed to deliver 63 to each person elected to office a certificate of election. 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS ____ DAY OF _________, 2020. 67 68 KODIAK ISLAND BOROUGH 69 70 ATTEST: 71 ___________________________ 72 William Roberts, Mayor ___________________________ 73 Alise L Rice, Borough Clerk 74 75 VOTES: 76 Ayes: 77 Noes: 78 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 135 of 198 Kodiak Island Borough Page 1 of 1 1 Canvass Board Certificate Of Election 2 3 October 6th 2020 Regular Municipal Election of the Kodiak Island Borough 4 5 We, the undersigned, duly appointed at the Regular Assembly meeting of September 17, 2020 to 6 serve as Canvass Board judges in the Regular Election of October 6, 2020, do hereby certify: 7 8 We have examined in detail all Ballot By Mail, Write-In, Personal Representative, and Questioned 9 Ballots. Personal Representative Registers and Questioned Registers from each of Precincts of 10 the Kodiak Island Borough. 11 12 Upon completion of the canvass, it is our opinion that the attached Resolution/Summary of 13 Election returns as compiled by the Borough Clerk accurately reflects the totals shown on the 14 Certificate of Election Returns by the Election Board of each voting Precinct. 15 16 17 CERTIFIED THIS THIRTEENTH DAY OF OCTOBER, 2020. 18 19 20 _______________________________ _______________________________ 21 Raejean Blaschka Sally Haldewang 22 23 24 25 _______________________________ _______________________________ 26 Karen Still Kate Loewen 27 28 Original Certification with Signatures is on file in the Clerk’s Office. 29 30 ATTEST STAMP 31 32 Attest:______________________ Date:_______________________ 33 Borough Clerk Alise L. Rice 34 AGENDA ITEM #13.B.1. Resolution No. FY2021-12 Ratifying And Certifying The Results Of The Oct...Page 136 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2021-20 Approving A State Capital Improvement Priority List. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to approve Resolution No. FY2021-20 approving a State Capital Improvement Priority List. DISCUSSION: The Planning And Zoning Commission has approved a five year Capital Improvement Program (CIP). Upon review of the list and last year's Capital Improvement Priority List submitted to the State Legislature, the Assembly will decide upon priorities for this year's list to submit to the State. ALTERNATIVES: Take no action FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 137 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 1 of 6 Introduced by: Manager Powers 1 Drafted by: Special Projects Support Christiansen 2 Introduced on: 11/05/2020 3 Amended: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-20 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 9 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2021 10 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents nearly 14,000 residents of the Kodiak Island 13 Archipelago living in six incorporated cities and one community governed by a tribal council 14 government; and 15 16 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 17 Island Borough Planning & Zoning Commission which identifies major needs of the island 18 community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 21 improvement program adopted by the Planning & Zoning Commission and identified major 22 projects to submit to the Alaska Governor and State Legislative Delegation for funding 23 consideration; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that: 27 28 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 29 priorities for the 2021 legislative session are as follows: 30 31 M/V Tustumena Replacement Vessel Construction 32 Estimated Project Cost $238,000,000 33 34 The M/V Tustumena is an essential service to the communities of Kodiak Island and other 35 ports in Southwest Alaska. The project has been funded by the legislature and is 36 scheduled for the start of construction in the latest Department of Transportation & Public 37 Facilities’ Statewide Transportation Improvement Project (STIP) for federal fiscal year 38 (FFY) 2020. Changes at the AMHS under the Dunleavy Administration suggest the 39 replacement project is under re-evaluation. Given the age of the M/V Tustumena and 40 ever-increasing maintenance challenges and costs, the Kodiak Island Borough 41 respectfully request the department complete the design as soon as possible and 42 advertise for construction during FFY 2020. Moving quickly is of the utmost importance. 43 44 45 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 138 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 2 of 6 The M/V Tustumena was built in 1964 and serves the communities of South Central, 46 Kodiak Island and Southwest Alaska. It is one of two ocean class vessels in the Alaska 47 Marine Highway System (AMHS) fleet. Because of its size and design, it is the only AMHS 48 vessel capable of serving all 13 ports of call between Homer and Unalaska. Retiring and 49 replacing the M/V Tustumena with a vessel that is equally, if not more, versatile and 50 seaworthy will provide reliable marine transportation service well into the future for the 51 communities, residents and businesses in South Central, Kodiak Island and Southwest 52 Alaska (from the Alaska Marine Highway System website). The new vessel must match 53 the current ocean-going fleet in versatility and capabilities, including the ability to serve all 54 communities currently served by the M/V Tustumena. 55 56 Anton Larsen Bay Road Extension to Ice Free Water 57 Estimated Project Cost $8,450,000 58 Funding Acquired 450,000 59 State Funding Request $8,000,000 60 61 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 62 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 63 launching ramp. The road will provide year around road access to Kodiak for residents of 64 Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak Island 65 without having to travel around Spruce Cape. Year-around travel by vessel to Kodiak 66 around Spruce Cape is treacherous and extending the Anton Larsen Bay road makes 67 winter traveling safer and provides access to critical services located in the City of Kodiak 68 – including hospitals and businesses. The road extension will support existing commercial 69 operations in Marmot Bay such as Kodiak Electrical Association’s Hydro-Electric plant, 70 Koniag, Inc.’s rock quarry and Kodiak Regional Aquaculture Association’s Kitoi hatchery. 71 72 Moreover, an extended road will enhance summer and winter recreational opportunities 73 and activities for all Kodiak residents. The Anton Larsen Bay road extension is envisioned 74 as a project undertaken by the Native Village of Ouzinkie or the Spruce Island Develop 75 Corporation. It will be built on a road right-of-way donated by the Ouzinkie Native 76 Corporation and Koniag, Inc. The road extension is also in the Sun’aq Tribe of Kodiak’s 77 road inventory. Maintenance of the extension is expected to be by one or both tribal 78 entities. The route is identified in the Kodiak Transportation Plan as in important upland 79 facility. An environmental assessment is expected to be completed in the summer of 2019. 80 Funding will be from State and/or Federal funds. Cost of the project is estimated at 81 $8,500,000. 82 83 Peterson Elementary School Roof Replacement and Repairs 84 Estimated Project Cost $3,282,467 85 Local Funding $985,000 86 State Funding Request $2,297,467 87 88 Peterson School was built in the early 1950’s and expanded in early 2000’s. This school 89 has served the families of the military base (Navy and then Coast Guard) and Kodiak’s 90 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 139 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 3 of 6 Bells Flats neighborhood residents. 91 92 The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof 93 System that is approximately twenty-five years old. The roof has been leaking, causing 94 rot and degradation of support elements, specifically the parapet walls, rooftop HVAC units 95 and associated ducting; repairs have been difficult to accomplish due to the type of the 96 roof system in place. Asbestos removal for the rain leader drains are also concerns and 97 add cost for haz-mat handling. This project is a priority item on the Borough’s school 98 facility repair and replacement list and has been submitted to DEED for consideration 99 under the department’s major maintenance program but is unlikely to get funding in next 100 few years given competing projects already on the list and the minimal amount of annual 101 funding provided. 102 103 Otmeloi Way Reconstruction 104 Estimated Project Cost $7,930,000 105 FY06 Designated Legislative Grant $3,300,000 106 Requested Federal Aid Funding $4,630,000 107 108 The Kodiak Island Borough requests that the balance of the FY06 grant funds, 109 approximately $2.7 million, remain designated to this project as matching funds for federal 110 funding, and requests support of our Community Transportation Program nomination 111 application. 112 113 The purpose of this project is to address health and safety concerns along Otmeloi Way, 114 which serves as access to North Star Elementary School and a large number of residential 115 properties. Otmeloi Way is currently a state owned and maintained road, however, with 116 completion of this project, the Kodiak Island Borough will take ownership and maintenance 117 responsibility. This project will: 118 119 • Reconstruct and convert Otmeloi Way and a 500-foot portion of Mallard Way from 120 unpaved to paved. 121 • Address horizontal/vertical alignment and grade issues. 122 • Enhance drainage. 123 • Install lighting; and 124 • Widen the typical section to construct a facility for non-motorized users. 125 126 Safety concerns address by this project include fugitive dust, curve radii and roadway 127 grades inadequate for the existing posted speed limit of 25 MPH, and the lack of a safe, 128 well-lit facility for children walking or biking to North Star Elementary School. This project 129 was specifically identified as a priority in Kodiak’s adopted Safe Routes to School Plan 130 (2013). 131 132 Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 133 Estimated Project Cost $500,000 134 State Funding Request $500,000 135 136 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 140 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 4 of 6 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island 137 District for the construction of improvements near the intersection of the Chiniak Highway 138 and Sargent Creek Road. These improvements will address flooding at the intersection 139 that sometimes makes it impassable. 140 141 Heavy rain events occurring in conjunction with high tide cause the intersection to flood 142 the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel 143 and often leaves motorists stranded and unable to reach homes or critical services located 144 in town. 145 146 Proposed improvements along the Sargent Creek approach to the Chiniak Highway 147 include bank stabilization, armoring, and rechanneling as needed to keep the river in its 148 channel. Roadway improvements include a modification, essentially raising the entrance, 149 of Sargent Creek Road as it approaches the intersection with the Chiniak Highway to 150 elevate it above where flood water collects. 151 152 Sargent Creek Community Playground & Basketball Court 153 Estimated Project Cost $110,000 154 155 The small playground located at 538 Sargent Creek Road by the Women’s Bay Fire 156 Department needs to be updated. The park experiences a significant level of use by 157 families in the neighborhood, as it is the only park/playground on the Sargent Creek side 158 of Womens Bay. Swings, benches, and picnic tables have been updated in recent years, 159 but the other play equipment is rusted and needs replacement. A similar playground 160 project took place at the Panamaroff Park in 2014. Cost estimates are from that 161 project. The Womens Bay Community Coalition is committed to seeking funding from a 162 variety of sources and are willing to provide volunteer labor as needed. Kodiak Island 163 Borough owns the land where the park is located. 164 165 166 Safe Pathways to North Star Elementary School 167 Estimated Project Cost $1,500,000 168 State Funding Request $1,500,000 169 170 Northstar Elementary School is located on a hill amongst several residential 171 neighborhoods. Many roads connecting the neighborhoods around the school are narrow, 172 steep, and winding dirt roads without sidewalks or separated pathways to keep 173 pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) 174 describes a need for separated pathways or trails to connect the residential 175 neighborhoods to the school. This project would provide separated soft surface 176 pedestrian pathways along Lily Drive and Anton Way. 177 178 Service Area Road Improvements and Paving 179 Estimated Project Cost $7,500,000 180 Local Funds $750,000 181 State Funding Request $6,750,000 182 183 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 141 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 5 of 6 This project addresses the on-going need to improve portions of Borough Service Area 184 roads. There are approximately 26 miles of road among four Road Service Areas that 185 connect residential neighborhoods with the greater Kodiak community. Paving projects 186 will address main thoroughfares or busy neighborhood roads. Improvements to major 187 drainage courses, installation of guard rails, and other identified road improvement needs 188 may also be addressed with this funding. 189 190 The two larger local road services areas, Road Service Area No. 1, serving an area north 191 of the City of Kodiak, and Women’s Bay Service Area will share the funding amongst 192 priorities that have been determined by the road service area boards. Local contributions 193 to road improvements may be funded through local improvement districts where those in 194 the district are taxed a proportion of the project cost. 195 196 Kodiak Island Trail Improvements 197 Estimated Project Cost $50,000 198 199 This is a priority identified by the Kodiak Island Borough Parks and Recreation Committee. The 200 purpose of the project would be to design and implement trail system improvements as 201 recommended and prioritized in the recently adopted Kodiak Road System Trail Plan, to 202 include, but not limited to, trail head improvements, parking area and c irculation plans, 203 dra inage improvements , environmental permitting , etc. 204 205 Anton Larsen Dock, Launch Ramp, and Parking Improvements 206 Estimated Project Cost $2,000,000 207 208 The Anton Larsen Dock is heavily used by Port Lions and Ouzinkie residents, as well as 209 others living on the island’s west side, commercial fishermen, charter operations, and 210 citizens living on Kodiak’s road system. Improvements to this facility have been made in 211 the recent past. However, given the site’s popularity, an expansion of the parking facilities 212 is needed. Additionally, a floating dock space is needed at the ramp so that users can 213 more safely pull boats or cargo to shore. 214 215 Mill Bay Beach Access and Recreation Upgrade 216 Estimated Project Cost $500,000 217 State Funding Request $500,000 218 219 This beach site is heavily used by residents and visitors who come to recreate in a variety 220 of ways at this bay located close to town. Time, tide and use have eroded safe access to 221 the two stretches of beach at this site. New construction items proposed here include new 222 stairs and walkways and trail enhancements between the two beaches, as well as a small 223 raft/kayak launch. 224 225 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 226 of Alaska Governor and Legislative Delegation of the Capital Improvement 227 Projects Priority List adopted by the Kodiak Island Borough Assembly. 228 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 142 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Page 6 of 6 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 229 THIS _____________ DAY OF _____________ 2020. 230 231 KODIAK ISLAND BOROUGH 232 ATTEST: 233 234 ___________________________ 235 William Roberts, Mayor ___________________________ 236 Alise L. Rice, Borough Clerk 237 VOTES: 238 Ayes: 239 Noes: 240 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 143 of 198 1 From:Mark Hickey <mshickey@gci.net> Sent:Monday, October 26, 2020 2:00 PM To:Meagan Christiansen Cc:Michael Powers Subject:CIP priority resolution comments Meagan, I have the following comments: I suggest considering whether to bring the item for the M/V Tustumena Replacement vessel. We had this on some previous lists but dropped it once the legislature funded it. Given the questions raised in the AMHS Reshaping Work Group Report, I suggest the borough discuss whether to re‐affirm its support for a new ocean‐going vessel to replace the Tustumena. This is an opportunity to go on record again and give Gary & Louise some new ammo to use. Item #3 re: Service Areas Road Paving ‐ believe the amount should be $7,500,000. Item #7 re: Mission Road ‐ dollar amount is $20 million but the narrative talks about funding planning and design only. Item #8 re: Mill Bay Access Road ‐ typo in last sentence. You also mentioned getting the latest on the proposed drainage improvements at Sargent Creek. Let me know if you need me to inquire about it. I'm planning to be online for that portion of the work session. Let me know how I should connect. Thanks. Mark Hickey Hickey & Associates (907) 723‐8574 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 144 of 198 AGENDA ITEM #13.B.2.Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 145 of 198 AGENDA ITEM #13.B.2.Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 146 of 198 AGENDA ITEM #13.B.2.Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 147 of 198 S“;’8§o"3‘:.’88'L’8BESEo?33GI$:3:3»ooo\:c~u.4>ua~—wuamww\lO\'JI-bl»-3 Introduced by:Borough Manager Drafted by:Special Projects Support Introduced on:11/07/2019 Adopted on:11/07/2019 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2020-13 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2020 LEGISLATIVE SESSION WHEREAS,the Kodiak Island Borough represents nearly 14,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government;and WHEREAS,a Borough—wide capital improvement program has been adopted by the Kodiak Island Borough Planning &Zoning Commission which identifies major needs of the island community for the next ?ve years;and WHEREAS,the Kodiak Island Borough Assembly has reviewed the borough-wide capital improvement program adopted by the Planning &Zoning Commission and identified major projects to submit to the Alaska Governor and State Legislative Delegation for funding consideration;and NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1:The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2020 legislative session are as follows: Peterson Elementary School Roof Replacement and Repairs Estimated Project Cost $3,282,467 Local Funding $985,000 State Funding Request $2,297,467 Peterson School was built in the early 1950's and expanded in early 2000's.This school 3 9 40 41 42 43 44 45 has served the families of the military base (Navy and then Coast Guard)and Kodiak's Bells Flats neighborhood residents. The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof System that is approximately twenty-?ve years old.The roof has been leaking,causing rot and degradation of support elements,specifically the parapet walls,rooftop HVAC units and associated ducting;repairs have been dif?cult to accomplish due to the type of the roof system in place.Asbestos removal for the rain leader drains are also concerns and Kodiak Island Borough,Alaska Resolution No.FY2020-13 Page 1 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 148 of 198 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 SI 82 83 add cost for haz-mat handling.This project is a priority item on the Borough’s school facility repair and replacement list and has been submitted to DEED for consideration under the department's major maintenance program but is unlikely to get funding in next few years given competing projects already on the list and the minimal amount of annual funding provided. MN Tustumena Replacement Vessel Construction Estimated Project Cost $238,000,000 The MN Tustumena was built in 1964 and serves the communities of South Central, Kodiak Island and Southwest Alaska.It is one of two ocean class vessels in the Alaska Marine Highway System (AMHS)fleet.Because of its size and design,it is the only AMHS vessel capable of serving all 13 ports of call between Homer and Unalaska.Retiring and replacing the MN Tustumena with a vessel that is equally,if not more,versatile and seaworthy will provide reliable marine transportation service well into the future for the communities,residents and businesses in South Central,Kodiak Island and Southwest Alaska (from the Alaska Marine Highway System website). The MN Tustumena is an essential service to the communities of Kodiak Island and other ports in Southwest Alaska.The project has been funded by the legislature and is scheduled for the start of construction in the latest Department of Transportation &Public Facilities’Statewide Transportation Improvement Project (STIP)for federal fiscal year (FFY)2020.Changes at the AMHS under the Dunleavy Administration suggest the replacement project is under re-evaluation.Given the age of the MN Tustumena and ever-increasing maintenance challenges and costs,the Kodiak Island Borough respectfully request the department complete the design as soon as possible and advertise for construction during FFY 2020.Moving quickly is of the utmost importance, Otmeloi Way Reconstruction Estimated Project Cost $7,930,000 FY06 Designated Legislative Grant $3,300,000 Requested Federal Aid Funding $4,630,000 The purpose of this project is to address health and safety concerns along Otmeloi Way, which serves as access to North Star Elementary School and a large number of residential properties.Otmeloi Way is currently a state owned and maintained road,however,with completion of this project,the Kodiak Island Borough willtake ownership and maintenance responsibility.This project 84 85 86 87 88 89 90 91 -Reconstruct and convert Otmeloi Way and a 500-foot portion of Mallard Way from unpaved to paved; Enhance drainage; Install lighting;and Address horizontal/vertical alignment and grade issues; Widen the typical section to construct a facility for non-motorized users. Kodiak Island Borough,Alaska Resolution No.FY2020-13 Page 2 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 149 of 198 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Safety concerns address by this project include fugitive dust,curve radii and roadway grades inadequate for the existing posted speed limit of 25 MPH,and the lack of a safe, well-lit facility for children walking or biking to North Star Elementary School.This project was specifically identified as a priority in Kodiak’s adopted Safe Routes to School Plan (2013). The Kodiak Island Borough requests that the balance of the FY06 grant funds, approximately $2.7 million,remain designated to this project as matching funds for federal funding;and requests support of our Community Transportation Program nomination application. East Elementary Traffic Flow Improvements Estimated Project Cost State Funding Request $2,000,000 $2,000,000 There is a safety issue in the East Elementary School parking lot.The school was constructed in 1966 with a substantial addition in 1988.The facility now totals 39,842 square feet with twenty-?ve teaching stations.Since the expansion,increased traffic flows have created dangerous vehicle/student hazards when students are entering and leaving school.Reconfiguration of the parking area will reduce risks by providing for a safer separation of pedestrians,small vehicle traf?c and bus loading/unloading.The project will require an increase in the total area of the parking lot by expanding into neighboring Borough-owned land to allow adequate parking to support increased building usage and occupant load. Drainage Improvements for Chiniak Highway and Sargent Creek Intersection $500,000 $500,000 Estimated Project Cost State Funding Request This request is to provide funding to the DOT&PF Southcoast Region,Kodiak Island District for the construction of improvements near the intersection of the Chiniak Highway and Sargent Creek Road.These improvements will address flooding at the intersection that sometimes makes it impassable. Heavy rain events occurring in conjunction with high tide cause the intersection to flood the only roadway in and out of Bells Flats subdivision.This flooding impedes safe travel and often leaves motorists stranded and unable to reach homes or critical services located ._;-..._ ILV ll]lUWll. 130 131 Proposed improvements along the Sargent Creek approach to the Chiniak Highway 132 include bank stabilization,armoring,and rechanneling as needed to keep the river in its 133 channel.Roadway improvements include a modi?cation,essentially raising the entrance, 134 of Sargent Creek Road as it approaches the intersection with the Chiniak Highway to 135 elevate it above where flood water collects. 136 Kodiak Island Borough,Alaska Resolution No.FY2020—13 Page 3 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 150 of 198 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 I59 160 161 162 163 164 165 166 167 168 169 170 171 172 173 Safe Pathways to North Star Elementary School Estimated Project Cost State Funding Request $1,500,000 $1,500,000 Northstar Elementary School is located on a hill amongst several residential neighborhoods.Many roads connecting the neighborhoods around the school are narrow, steep,and winding dirt roads without sidewalks or separated pathways to keep pedestrians safe from vehicular traf?c.The Kodiak Safe Routes to Schools Plan (2013) describes a need for separated pathways or trails to connect the residential neighborhoods to the school.This project would provide separated soft surface pedestrian pathways along Lily Drive and Anton Way. Service Area Road Improvements and Paving Estimated Project Cost $7,500,000 Local Funds 750,000 State Funding Request $6,750,000 This project addresses the on-going need to improve portions of Borough Service Area roads.There are approximately 26 miles of road among four Road Service Areas that connect residential neighborhoods with the greater Kodiak community.Paving projects will address main thoroughfares or busy neighborhood roads.Improvements to major drainage courses,installation ofguard rails,and other identi?ed road improvement needs may also be addressed with this funding. The two larger local road services areas,Road Service Area No.1,serving an area north of the City of Kodiak,and Women's Bay Service Area will share the funding amongst priorities that have been determined by the road service area boards.Local contributions to road improvements may be funded through local improvement districts where those in the district are taxed a proportion of the project cost. Kodiak Island Trail Improvements Estimated Project Cost $50,000 This is a priority identified bythe Kodiak sland Borough Parks and Recreation CommitteeThe purpose of the project woukj be to design and implement trail system improvements as recommended and prioritized in the recently adopted Kodiak Road System Trail P|an,to include,but not limited to,trail head improvements,parking area and circulation plans, A r‘r uluuxuau un,nuu.nn..uu,\..wuu.urmlnuu ,A.n.uu.u3,s.nu. 175 176 Anton Larsen Bay Road Extension to Ice Free Water 177 Estimated Project Cost $8,450,000 178 Funding Acquired 450,000 179 State Funding Request $8,000,000 180 181 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 182 miles to ice free waters just outside Anton Larsen Bay.The project will include a boat Kodiak Island Borough,Alaska Resolution No.FY2020-13 Page 4 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 151 of 198 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Anton launching ramp.The road will provide year around road access to Kodiak for residents of Port Lions,Ouzinkie and much of the west side of Kodiak Island and all of Afognak Island without having to travel around Spruce Cape.Year-around travel by vessel to Kodiak around Spruce Cape is treacherous and extending the Anton Larsen Bay road makes winter traveling safer and provides access to critical services located in the City of Kodiak —including hospitals and businesses.The road extension willsupport existing commercial operations in Marmot Bay such as Kodiak Electrical Association’s Hydro-Electric plant, Koniag,lnc.‘s rock quarry and Kodiak Regional Aquaculture Association’s Kitoi hatchery. Moreover,an extended road will enhance summer and winter recreational opportunities and activities for all Kodiak residents.The Anton Larsen Bay road extension is envisioned as a project undertaken by the Native Village of Ouzinkie or the Spruce Island Develop Corporation.It will be built on a road right-of-way donated by the Ouzinkie Native Corporation and Koniag,Inc.The road extension is also in the Sun’aq Tribe of Kodiak’s road inventory.Maintenance of the extension is expected to be by one or both tribal entities.The route is identified in the Kodiak Transportation Plan as in important upland facility.An environmental assessment is expected to be completed in the summer of 201 9. Funding will be from State and/or Federal funds.Cost of the project is estimated at $8,500,000. Larsen Dock,Launch Ramp,and Parking Improvements Estimated Project Cost $2,000,000 The Anton Larsen Dock is heavily used by Port Lions and Ouzinkie residents,as well as others living on the island's west side,commercial fishermen,charter operations,and citizens living on Kodiak’s road system.Improvements to this facility have been made in the recent past.However,given the site's popularity,an expansion of the parking facilities is needed.Additionally,a floating dock space is needed at the ramp so that users can more safely pull boats or cargo to shore. Mill Bay Beach Access and Recreation Upgrade Estimated Project Cost State Funding Request $500,000 $500,000 This beach site is heavily used by residents and visitors who come to recreate in a variety of ways at this bay located close to town.Time,tide and use have eroded safe access to the two stretches of beach at this site.New construction items proposed here include new AAV 221 222 223 224 225 226 227 .nuu.:ullu vvuII\vvuJu uu raft/kayak launch. Iu uuu mu Iulluulllul nu ..n.un.\.u un.uvu ..n.uu.n..a,ua vvull us an uuuuu Section 2:The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. Kodiak Island Borough,Alaska Resolution No.FY2020-13 Page 5 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 152 of 198 228 229 230 231 232 233 234 235 236 237 238 239 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF NOVEMBER 2019. KODIAK ISLAND BOROUGH William Roberts,Mayor VOTES: Ayes:Skinner,Turner,Arndt,Dvorak,Schroeder Absent:Symmons ATFEST: weé‘?¢ &&4>‘4’a_ ¢: Tara Welinsky,Clerk \/ Kodiak Island Borough,Alaska Resolution No.FY2020-13 Page 6 of 6 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 153 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 1 of 6 Introduced by: Manager Powers 1 Drafted by: Special Projects Support Christiansen 2 Introduced on: 11/05/2020 3 Amended: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2021-20 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 9 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2021 10 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents nearly 14,000 residents of the Kodiak Island 13 Archipelago living in six incorporated cities and one community governed by a tribal council 14 government; and 15 16 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 17 Island Borough Planning & Zoning Commission which identifies major needs of the island 18 community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 21 improvement program adopted by the Planning & Zoning Commission and identified major 22 projects to submit to the Alaska Governor and State Legislative Delegation for funding 23 consideration; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that: 27 28 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 29 priorities for the 2021 legislative session are as follows: 30 31 M/V Tustumena Replacement Vessel Construction 32 Estimated Project Cost $238,000,000 33 34 The M/V Tustumena is an essential service to the communities of Kodiak Island and other 35 ports in Southwest Alaska. The project has been funded by the legislature and is was 36 scheduled for the start of construction in the latest initial FY 2020-2023 Department of 37 Transportation & Public Facilities’ Statewide Transportation Improvement Program (STIP) 38 for federal fiscal year (FFY) 2020. Changes at the AMHS under the Dunleavy 39 Administration suggest the replacement project is under re-evaluation. Construction is 40 now shown occurring after FFY2023 in the proposed 2020-2023 STIP Amendment 41 No. 1. Given the age of the M/V Tustumena and ever-increasing maintenance 42 challenges and costs, the Kodiak Island Borough respectfully request the 43 department complete the design as soon as possible and advertise for construction 44 VERSION 2 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 154 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 2 of 6 during FFY 2020 as soon as possible. Moving quickly is of the utmost importance. 45 The M/V Tustumena was built in 1964 and serves the communities of South Central, 46 Kodiak Island and Southwest Alaska. It is one of two ocean class vessels in the Alaska 47 Marine Highway System (AMHS) fleet. Because of its size and design, it is the only 48 AMHS vessel capable of serving all 13 ports of call between Homer and Unalaska. 49 Retiring and replacing the M/V Tustumena with a vessel that is equally, if not more, 50 versatile and seaworthy will provide reliable marine transportation service well into the 51 future for the communities, residents and businesses in South Central, Kodiak Island 52 and Southwest Alaska (from the Alaska Marine Highway System website). The new 53 vessel must match the current ocean-going fleet in versatility and capabilities, including 54 the ability to serve all communities currently served by the M/V Tustumena. 55 56 Anton Larsen Bay Road Extension to Ice Free Water 57 Estimated Project Cost $8,450,000 58 Funding Acquired 450,000 59 State Funding Request $8,000,000 60 61 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 62 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 63 launching ramp. The road will provide year around road access to Kodiak for residents of 64 Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak Island 65 without having to travel around Spruce Cape. Year-around travel by vessel to Kodiak 66 around Spruce Cape is treacherous and extending the Anton Larsen Bay road makes 67 winter traveling safer and provides access to critical services located in the City of Kodiak 68 – including hospitals and businesses. The road extension will support existing commercial 69 operations in Marmot Bay such as Kodiak Electrical Association’s Hydro-Electric plant, 70 Koniag, Inc.’s rock quarry and Kodiak Regional Aquaculture Association’s Kitoi hatchery. 71 72 Moreover, an extended road will enhance summer and winter recreational opportunities 73 and activities for all Kodiak residents. The Anton Larsen Bay road extension is envisioned 74 as a project undertaken by the Native Village of Ouzinkie or the Spruce Island Develop 75 Corporation. It will be built on a road right-of-way donated by the Ouzinkie Native 76 Corporation and Koniag, Inc. The road extension is also in the Sun’aq Tribe of Kodiak’s 77 road inventory. Maintenance of the extension is expected to be by one or both tribal 78 entities. The route is identified in the Kodiak Transportation Plan as in important upland 79 facility. An environmental assessment is expected to be completed in the summer of 2019. 80 Funding will be from State and/or Federal funds. Cost of the project is estimated at 81 $8,500,000. 82 83 Peterson Elementary School Roof Replacement and Repairs 84 Estimated Project Cost $3,282,467 85 Local Funding $985,000 86 State Funding Request $2,297,467 87 88 Peterson School was built in the early 1950’s and expanded in early 2000’s. This school 89 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 155 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 3 of 6 has served the families of the military base (Navy and then Coast Guard) and Kodiak’s 90 Bells Flats neighborhood residents. 91 92 The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof 93 System that is approximately twenty-five years old. The roof has been leaking, causing 94 rot and degradation of support elements, specifically the parapet walls, rooftop HVAC units 95 and associated ducting; repairs have been difficult to accomplish due to the type of the 96 roof system in place. Asbestos removal for the rain leader drains are also concerns and 97 add cost for hazardous materials handling. This project is a priority item on the Borough’s 98 school facility repair and replacement list and has been submitted to DEED for 99 consideration under the department’s major maintenance program but is unlikely to get 100 funding in next few years given competing projects already on the list and the minimal 101 amount of annual funding provided. 102 103 Otmeloi Way Reconstruction 104 Estimated Project Cost $7,930,000 105 FY06 Designated Legislative Grant $3,300,000 106 Requested Federal Aid Funding $4,630,000 107 108 The Kodiak Island Borough requests that the balance of the FY06 grant funds, 109 approximately $2.7 million, remain designated to this project as matching funds for 110 federal funding, and requests support of our Community Transportation Program 111 nomination application. 112 113 The purpose of this project is to address health and safety concerns along Otmeloi Way, 114 which serves as access to North Star Elementary School and many residential properties. 115 Otmeloi Way is currently a state owned and maintained road, however, with completion of 116 this project, the Kodiak Island Borough will take ownership and maintenance 117 responsibility. This project will: 118 119 • Reconstruct and convert Otmeloi Way and a 500-foot portion of Mallard Way 120 from unpaved to paved. 121 • Address horizontal/vertical alignment and grade issues. 122 • Enhance drainage. 123 • Install lighting; and 124 • Widen the typical section to construct a facility for non-motorized users. 125 126 Safety concerns address by this project include fugitive dust, curve radii and roadway 127 grades inadequate for the existing posted speed limit of 25 MPH, and the lack of a safe, 128 well-lit facility for children walking or biking to North Star Elementary School. This project 129 was specifically identified as a priority in Kodiak’s adopted Safe Routes to School Plan 130 (2013). 131 132 Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 133 Estimated Project Cost $500,000 134 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 156 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 4 of 6 State Funding Request $500,000 135 136 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island 137 District for the construction of improvements near the intersection of the Chiniak Highway 138 and Sargent Creek Road. These improvements will address flooding at the intersection 139 that sometimes makes it impassable. 140 141 Heavy rain events occurring in conjunction with high tide cause the intersection to flood 142 the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel 143 and often leaves motorists stranded and unable to reach homes or critical services located 144 in town. 145 146 Proposed improvements along the Sargent Creek approach to the Chiniak Highway 147 include bank stabilization, armoring, and rechanneling as needed to keep the river in its 148 channel. Roadway improvements include a modification, essentially raising the entrance, 149 of Sargent Creek Road as it approaches the intersection with the Chiniak Highway to 150 elevate it above where flood water collects. 151 152 Sargent Creek Community Playground & Basketball Court 153 Estimated Project Cost $110,000 154 155 The small playground located at 538 Sargent Creek Road by the Women’s Bay Fire 156 Department needs to be updated. The park experiences a significant level of use by 157 families in the neighborhood, as it is the only park/playground on the Sargent Creek side 158 of Womens Bay. Swings, benches, and picnic tables have been updated in recent years, 159 but the other play equipment is rusted and needs replacement. A similar playground 160 project took place at the Panamaroff Park in 2014. Cost estimates are from that 161 project. The Womens Bay Community Coalition is committed to seeking funding from a 162 variety of sources and are willing to provide volunteer labor as needed. Kodiak Island 163 Borough owns the land where the park is located. 164 165 Safe Pathways to North Star Elementary School 166 Estimated Project Cost $1,500,000 167 State Funding Request $1,500,000 168 169 Northstar Elementary School is located on a hill amongst several residential 170 neighborhoods. Many roads connecting the neighborhoods around the school are narrow, 171 steep, and winding dirt roads without sidewalks or separated pathways to keep 172 pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) 173 describes a need for separated pathways or trails to connect the residential 174 neighborhoods to the school. This project would provide separated soft surface 175 pedestrian pathways along Lily Drive and Anton Way. 176 177 Service Area Road Improvements and Paving 178 Estimated Project Cost $7,500,000 179 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 157 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 5 of 6 Local Funds 750,000 180 State Funding Request $6,750,000 181 182 This project addresses the on-going need to improve portions of Borough Service Area 183 roads. There are approximately 26 miles of road among four Road Service Areas that 184 connect residential neighborhoods with the greater Kodiak community. Paving projects 185 will address main thoroughfares or busy neighborhood roads. Improvements to major 186 drainage courses, installation of guard rails, and other identified road improvement needs 187 may also be addressed with this funding. 188 189 The two larger local road services areas, Road Service Area No. 1, serving an area north 190 of the City of Kodiak, and Women’s Bay Service Area will share the funding amongst 191 priorities that have been determined by the road service area boards. Local contributions 192 to road improvements may be funded through local improvement districts where those in 193 the district are taxed a proportion of the project cost. 194 195 Kodiak Island Trail Improvements 196 Estimated Project Cost $50,000 197 198 This is a priority identified by the Kodiak Island Borough Parks and Recreation Committee. The 199 purpose of the project would be to design and implement trail system improvements as 200 recommended and prioritized in the recently adopted Kodiak Road System Trail Plan, to 201 include, but not limited to, trail head improvements, parking area and c irculation plans, 202 dra inage improvements , environmental permitting , etc. 203 204 Anton Larsen Dock, Launch Ramp, and Parking Improvements 205 Estimated Project Cost $2,000,000 206 207 The Anton Larsen Dock is heavily used by Port Lions and Ouzinkie residents, as well as 208 others living on the island’s west side, commercial fishermen, charter operations, and 209 citizens living on Kodiak’s road system. Improvements to this facility have been made in 210 the recent past. However, given the site’s popularity, an expansion of the parking facilities 211 is needed. Additionally, a floating dock space is needed at the ramp so that users can 212 more safely pull boats or cargo to shore. 213 214 Mill Bay Beach Access and Recreation Upgrade 215 Estimated Project Cost $500,000 216 State Funding Request $500,000 217 218 This beach site is heavily used by residents and visitors who come to recreate in a variety 219 of ways at this bay located close to town. Time, tide, and use have eroded safe access 220 to the two stretches of beach at this site. New construction items proposed here include 221 new stairs and walkways and trail enhancements between the two beaches, and a small 222 raft/kayak launch. 223 224 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 158 of 198 Kodiak Island Borough, Alaska Resolution No. FY2021-20 Deletion – Red, Strikeout Version 2 Insertion – Bold Blue Page 6 of 6 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 225 of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List 226 adopted by the Kodiak Island Borough Assembly. 227 228 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 229 THIS _____________ DAY OF _____________ 2020. 230 231 KODIAK ISLAND BOROUGH ATTEST: 232 233 234 ___________________________ ___________________________ 235 William Roberts, Mayor Alise L. Rice, Borough Clerk 236 237 VOTES: 238 Ayes: 239 Noes: 240 AGENDA ITEM #13.B.2. Resolution No. FY2021-20 Approving A State Capital Improvement Priority ...Page 159 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3.630 Motor Vehicle Registration Tax, Section .030 Fee Imposed & Section .040 Annual Fee Imposed On Commercial Plates. ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2021-16 to public hearing at the next regular meeting of the assembly on December 3, 2020. DISCUSSION: Motor Vehicle Registration Tax (MVRT) is in lieu of imposing personal property tax on vehicles (see AS 28.10.431(g) and are in the same nature as personal property tax revenues levied on other personal and business property. Unlike other personal propert y tax revenues, which are credited to the general fund and various service areas where the property resides, MVRT is credited to the Debt Service fund in FY2019 & FY2020 and to the Education Support Fund prior to FY2019. The tax rates currently in effect were established in March 2006 and, as indicated by the data below, revenues from this source have been steadily decreasing. Year Revenue FY15 $262,175 FY16 $253,112 FY17 $235,177 FY18 $237,895 FY19 $220,392 FY20 $215,538 For comparison, information in the packet includes the annual rate schedule for Ketchikan and the biennial rate schedule for Anchorage. The State of Alaska collects the tax on our behalf and then remits it to the borough monthly, less an 8% collection fee, and requires one year lead time for implementation of changes to the tax rate. The borough would have to provide the state a new rate schedule by December 31st 2020 in order to begin collecting on the new rates in January 2022. ALTERNATIVES: Not change the rates and continue to see declining revenues. FISCAL IMPACT: The State has been unable to provide information as to the number, age or type of vehicles registered in the Borough so the fiscal impact is unknown. OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 160 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-16 Page 1 of 3 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: August 20, 2020 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2021-16 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KIBC TITLE 3 REVENUE AND FINANCE, CHAPTER 3.60 MOTOR VEHICLE REGISTRATION 10 TAX, SECTION .030 FEE IMPOSED & SECTION .040 ANNUAL FEE IMPOSED ON 11 COMMERCIAL PLATES. 12 13 WHEREAS, in Ordinance 79-42-O, coverage was elected under the biennial motor vehicle 14 registration tax in lieu of ad valorem property tax as established in AS 28.10.431; and 15 16 WHEREAS, the borough may change the tax under this section no more than once every two 17 years per AS 28.10.431(j); and 18 19 WHEREAS, any changes in rates adopted by the Borough must be provided to the State before 20 January 1 of the year before the change is to become effective; and 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH THAT: 24 25 Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island 26 Borough Code of Ordinances. 27 28 Section 2: That Section 3.60.030 Fee Imposed of the Kodiak Island Borough Code of Ordinances 29 is amended to read as follows: 30 31 3.60.030 Fee imposed. 32 There is levied a motor vehicle registration tax within the Borough Pursuant o the provisions 33 of AS 28.10.431 as such statue may hereafter be amended, revised, or replaced. The rate 34 imposed is based upon the age of the vehicles as determined by model year is as reflected on 35 the following table: 36 Years old 1 2 3 4 5 6 7 8 9 Proposed rate for 2007 2007 2006 2005 2004 2003 2002 2001 2000 1999< A. Psgr, MH, PK $140 $140 $120 $100 $80 $60 $50 $40 $30 B. Motorcycle & Noncomm. Trailer 20 20 18 16 14 12 10 10 10 C. Taxi & Commercial 0 – 5,000 lbs 150 150 130 110 90 70 60 50 40 D. Tour Bus & Comm. 5,001 – 12,000 lbs 200 200 180 160 140 120 100 75 50 E. Commercial 12,001 – 18,000 lbs 450 450 410 370 330 290 250 230 210 AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 161 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-16 Page 2 of 3 Years old 1 2 3 4 5 6 7 8 9 Proposed rate for 2007 2007 2006 2005 2004 2003 2002 2001 2000 1999< F. Commercial 18,001 & over 550 550 500 450 400 350 300 250 220 G. Dealer 100 100 100 100 100 100 100 100 100 37 38 39 Biennial Tax According to Age of Vehicle Since Model Year: Vehicle Type 1st 2nd 3rd 4th 5th 6th 7th 8th or over 1. Motorcycle $20 $20 $20 $20 $20 $20 $20 $20 2. Vehicle specified in AS28.10.421(b)(1)(A): Non- commercial passenger vehicles, pickup trucks, trucks under 10,000 pounds unladen weight, and low speed vehicles 150 140 130 120 110 100 90 70 3. Vehicles specified in AS28.10.421(b)(1)(B): Taxicabs 150 150 140 130 120 110 100 90 4. Vehicles specified in AS28.10.421(c)(1)-(4): commercial vehicles for hire based on unladen weight of a. 5,000 pounds or less 150 150 140 130 120 110 100 90 b. 5,001 – 12,000 pounds 220 220 220 220 220 110 100 90 c. 12,001-18,000 pounds 450 450 410 370 330 290 250 230 d. 18,0001 pounds and over 550 550 500 450 400 350 300 250 5. Vehicles specified in AS28.10.421(b)(43)(B): Motor buses with a seating capacity for 20 or more persons and used exclusively for commercial purposes in the transporting of visitors or tourists 150 150 140 130 120 110 100 90 6. Vehicles specified in AS28.10.421(j): Noncommercial trailers, including rental trailers 20 20 20 20 20 20 20 20 7. Vehicles specified in AS28.10.421(d)(8): Amateur mobile radio station vehicles 150 150 140 130 120 110 100 90 8. Vehicles specified in AS28.10.421(b)(2): non-commercial motorhomes not registered in the name of a company or business 150 150 140 130 120 110 100 90 9. Vehicles eligible for dealer plates under AS28.10.421(d)(9) 150 AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 162 of 198 Kodiak Island Borough, Alaska Ordinance No. FY2021-16 Page 3 of 3 40 Section 3: That Section 3.60.040 Annual Fee Imposed On Commercial Plates of the Kodiak 41 Island Borough Code of Ordinances is amended to read as follows: 42 43 3.60.040 Annual fee imposed on commercial plates. 44 Commercial rates may be paid annually by paying one-half of the amount shown above and 45 adding $20.00 $30.00 to the amount reflected above. 46 47 Effective Date: This ordinance shall take effect December 31, 2020 with the changes in rates 48 set forth in sections 2 and 3 being collected beginning January 1, 2022. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS _________ DAY OF __________, 2020. 52 53 KODIAK ISLAND BOROUGH 54 ATTEST: 55 56 ___________________________ 57 William Roberts, Mayor ___________________________ 58 Alise L. Rice, Borough Clerk 59 60 VOTES: 61 Ayes: 62 Noes: 63 AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 163 of 198 "week.Nv?nverumenl need”.Eu ne§smAVi§ka Vxsw|mgA\as|<a sm.e...e<ov..s DI:}\a’rUIlL:vl|L:(AdIVV\v1\5|(:II\0lV I>D1v1s1onof Motor Vehlcles on~.m..m.~.e-sm«.l.. nuvor?ces nriversucense Reqnstmnan mes LIcens:Plales Mouces erL enseun Vehiclesl?nnls License Plales Help Adrmmsrranon :Dwman m Mamr Vemcies ) Vehicle Kegistratvon cesc How much does it cost to register my vehicle? Nuke Leased vehvcles —in<|udmg 7 Eammercm commercnal / Non-cammercualz NL7n—Cumm2r<:‘a\‘Taxu:abv Type olVeh|:le:Passenger woo Regusvauon Model vear on/em:.2015 cu Amara Plate wnn Renewal see:Slancard P‘a|e I No RenexnawFee v Addmonal Requesus): _ Lien Recording ‘Specialty wanewanscer (V Dlvlsron oi Mam vemcxes Deparlmenlof ‘DMV’ [Administration 1330 Sen:summ —\1~m'a9&AK9§5D3—359Ev we m mi:' M‘.r‘PTCr1:L‘ 1 Dcparirncniomduni sirauon Divisionof Motor Vehicles DMVHame nulvor?ces Driversuoense Regisu-auan mes Lioenseriates Notices Drivel License no Vehicles Isms License Plates Help Admlmstmnnn >Diwsian alwomr Vemclzs - Vehicle Registration Cos! 'nw?.e ;w Hula: Leased veh [es —im:|udm2cirs—arrC vmerual |n—Per§nn Iransaclians may be charged an ad commercial I Mon—cnmmen:uI:Nun mun axiczb v 1ype ol vemcle:100 Registration Model Year of Vemc zms V 0‘5°Tax Plate with Renewal Fee: Standard was I No Renews‘ Fee v o Aaumanal Requesqs):gnue o _LIen Recordmg 0uspeuanyFlame Translsr 0 150 ‘total Dwlsxon of Mater Vehlues ‘BMW . . .Bensm Bumeard Mmu'a;E>\rea 26: 5 rage AKSSEDS 595 mu emrkasva W’‘as 5:15 CL we a Aasva 4,\Depar’tme’nIof ’Admmlstratlon AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 164 of 198 AGENDA ITEM #13.C.1.Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 165 of 198 AGENDA ITEM #13.C.1.Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 166 of 198 AGENDA ITEM #13.C.1.Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 167 of 198 AGENDA ITEM #13.C.1.Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 168 of 198 » .. N ..m.. » _.u...m9Ns. .2. :2If‘_. LamHamEmnumu gunEaSm»S{E 0.msocam308..<m:_o_ma.m_..<ammo:cmmagma.8 m:m:::m_Ex 3 __m:2 m 222.».Ex US _m:o. ._8e_..&.:wccmmozoam..3m:5m m::_._m_?x m:m__cm3m:2 5m 23;».Ex E.m31_..m»<m:_n_m mm %...%2_Smccmmozoz> U._»mmm2ma. m..um3..m:m:»wmm.m:m=o_..|._._.m._m_.m..25 3::_n_um_=<m_mn.mn6 m__oS _um_.3m:m:.8na...m._o:3 .B__m«m Edma>m~m..o.$_e._uc_.m_._m:.8 >m~m.3.8_e.=._m~m.mmam :3 m Ex on m:<._.m__m_.Em" um_.Bm.._m_.=_<~mm_m.m..mn_Eama >mmm.3..§e..25 3x _m<_mn:23.in mzammozoa.mmncm_8 5m c_m_.=...m__.m.mmm»m_u__m:mu.2 mccmmozoa>._man3 _um<ma_mo:_<oanm m.=6 .36 m ._.m__m~_m um::m:m_.:_<_.mc_m.m«mn..3=6 3c:_n_um__.<._._._mouzoa3..umqamama._.mu.m=.m=o:SEQ.§_m mcummozozm:m=amm<m__mc_mo:._m::mJ.4.33 man.:m_.mmam_.. C90Zo.~o_o-m:m-_Z3._~-E.o_ow >0 Zo.N2 Bo mr$3 _.om._-T_Nw>0 zo.moi. E.N._~-~-_$ H..n..8o3.5%o_._mmm N.m.oEI5.ooo uocznm....H~.o8I5.ooo uocaam P Show 35%man d 3.0 mm ~mo >zzc>_.._.>x >nnoxo_zm ._.O 2%on <mI_n_.m m_znmz_oom_. <9»AGENDA ITEM #13.C.1.Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 169 of 198 KODIAK ISLAND BOROUGH ORDINANCE NO.FY 2006-09 Inttoduced by:Manager Gl?otd Requested by:Manager Gi?ovd Drafted by Finance Department Introduced:03/02/2006 Public Hearing:03/16/2006 Adopted:03/1 3/2006 AN ORDINANCEOF THE KODIAK ISLAND BOROUGH AMENDINGKODIAKISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE pr:r::,e1-1:4 SECTION 3.32.010 ESTABLISHED AND SECTION 3.32.020 ALLOCATION AND BY ADDING SECTION 3.32.030 FEE IMPOSED TO INCREASE THE MOTOR VEHICLE REGISTRATIONTAX WHEREAS.in Ordinance 79-42-O,and recorded in the borough code section 332.010 coveragewaselectedunderthebiannualmotorvehicleregistrationtaxinlieuofadvalorempropertytaxasestablishedinAS28.10.431;and WHEREAS,the administration ?led a written notice on December 7,2005 informing thedepartmentofmotorvehiclesoftheborough's intent to change the tax charged for vehiclesregisteredonorafterJanuary1.2007;and WHEREAS,administration must fonivarda copy of this ordinance to the appropriate agency on orbeforeApril1,2006;and WHEREAS,the borough may change the tax under this section no more than once every twoyearsperAS28.10431 (1):and WHEREAS,the use of the biannual motor vehicle registration tax is allocated to the area wideschoolsystemperboroughcodesection3.32.020;and WHEREAS,if the borough adopts the same fee schedule now used by another Alaskagovernmentalreadyinthestatesystemtheirone-time fee will not be charged for the change,and WHEREAS,the revenue collected willincrease by approximately 50%or $100,000 in a ?scal year,and WHEREAS,Kenai Peninsula Borough has the lowest rate of all municipality/borough which haveelectedtosettheirowntaxrates;and NUVV,lr1I:KI:l-ORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHTHAT: Section 1:This ordinance is ofa general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2:Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and TaxSection3.32.010 Established,and Section 3.32.020 Allocationare hereby amended and Section 3.32.030 Fee Imposed is hereby added as follows: Kodiak island Borough Ordinance No.FY2006-09 Page 1 of 2 AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 170 of 198 Chapter 3.32 MOTOR VEHICLE REGISTRATION TAX Sections: 3.32.010 Established. 3.32.020 Allocation. 3.32.030 Fee imposed. 3.32.010 Established.The borough hereby elects coverage under the biannualmotor vehicle registration tax established in AS 28.10.431 et seq. 3.32.020 Allocation.The use of the annual-motor vehicle registration tax is allocated to the area wide school system. 3.32.030 Fee imposed.The rate imposed is re?ected on the following table: 3OCD> Proposed rate for 2007 Psgr,MH,PK Motorcycle 8.Non-Comm Trlr Taxi &Commercial 0 -5000 lbs 2007 $140 20 150 2 206 3 M52 $120 18 130 2004 $100 16 110 u Ivul uuoo u uvuuu v,vvI —ls.vvv III» E Commercial 12,001 -18,000 lbs F Commercial 18,001 &over G Dealer 450 550 100 450 550 100 410 370 330 290 250 500 450 400 350 300 100 100 100 100 100 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF MARCH 2006 ATTEST: in/5&5/L)?. KODIAK ISLAND BOROUGH rne M.Selby,I; 256 250 100 2&6 220 100 /JudithA.Nielsen,WE,goroughClerk Kodiak Island Borough Ordinance No.FY2006-09 Page 2 of 2 AGENDA ITEM #13.C.1. Ordinance FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3...Page 171 of 198 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 5, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Review And Taking Official Action In Support Of Alaska Municipal League Resolutions. ORIGINATOR: Alise Rice RECOMMENDATION: Move to support AML Resolutions. DISCUSSION: It has been the practice of the Borough Assembly to discuss the AML resolutions. A voting delegate will be appointed to carry out the wishes of the Assembly during the AML business meeting. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 172 of 198 ALASKA MUNICIPAL LEAGUE RESOLUTION #2020-__ A RESOLUTION IN SUPPORT OF FULL FUNDING ($14,049,988) FOR THE STATE OF ALASKA MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY 2022 STATE CAPITAL BUDGET. Whereas, the Alaska Municipal League recognizes the majority of the public boat harbors in Alaska where constructed by the State during the 1960s and 1970s; and Whereas, these harbor facilities represent critical transportation links and are the transportation hubs for waterfront commerce and economic development in Alaskan coastal communities; and Whereas, these harbor facilities are ports of refuge and areas for protection for ocean-going vessels and fishermen throughout the State of Alaska, especially in coastal Alaskan communities; and Whereas, the State of Alaska over the past nearly 30 years has transferred ownership of most of these State-owned harbors, many of which were at or near the end of their service life at the time of transfer, to local municipalities; and Whereas, the municipalities took over this important responsibility even though they knew that these same harbor facilities were in poor condition at the time of transfer due to the state’s failure to keep up with deferred maintenance; and Whereas, consequently, when local municipal harbormasters formulated their annual harbor facility budgets, they inherited a major financial burden that their local municipal governments could not afford; and Whereas, in response to this financial burden, the Governor and the Alaska Legislature passed legislation in 2006, supported by the Alaska Association of Harbormasters and Port Administrators, to create the Municipal Harbor Facility Grant program, AS 29.60.800; and Whereas, the Alaska Municipal League is pleased with the Department of Transportation and Public Facilities administrative process to review, score and rank applicants to the Municipal Harbor Facility Grant Program, since state funds may be limited; and Whereas, for each harbor facility grant application, these municipalities have committed to invest 100% of the design and permitting costs and 50% of the construction cost; and Whereas, the municipalities of the City of Cordova, City and Borough of Sitka, City and Borough of Juneau, City of Seward, and City of Sand Point have offered to contribute $14,049,988 in local match funding for FY2022 towards harbor projects of significant importance locally as required in the Harbor Facility Grant Program; and AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 173 of 198 Whereas, completion of these harbor facility projects is all dependent on the 50% match from the State of Alaska’s Municipal Harbor Facility Grant Program; and Whereas, during the last ten years the backlog of projects necessary to repair and replace these former State-owned harbors has increased to over $100,000,000; and Whereas, over the past five years, municipal harbors have submitted $58 million in capital project match requests, representing over $116 million in shovel-ready capital projects that have received only $16.6 million in funding through the Municipal Harbor Facility Grant program with zero funding in FY21. Now therefore be it resolved that the Alaska Municipal League urges full funding by the Governor and the Alaska Legislature for the State of Alaska’s Municipal Harbor Facility Grant Program in the FY 2022 State Capital Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE ____ DAY OF ____, 2020. Signed: ___________________________________________ President, Alaska Municipal League Attest: ____________________________________________ Executive Director, Alaska Municipal League Submitted by: Alaska Assoc. of Harbormasters & Port Administrators Contact: Rachel Lord, Executive Secretary Phone: 907-435-7209 (cell) AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 174 of 198 AML Board Resolution 1.21 – On Legislative Reform In support of a legislative process that recognizes local governments as inherent partners in the delivery of State objectives. Whereas, there are 165 incorporated city and borough governments in Alaska, acting as political subdivisions of the State; and Whereas, through Constitutional and statutory authority, local governments have the State’s powers and responsibility to tax and deliver services in the public interest; and Whereas, there is no formal mechanism for local governments to contribute to the development of the Governor’s budget, wherein agencies, OMB, and the Governor develop budgets that directly impact local governments but without their input; and Whereas, throughout a legislative session, local government officials are directed to provide input as part of the “public” comment process; and Whereas, the Legislature has committees in the Senate and House that are dedicated to Community and Regional Affairs, but are potentially underutilized in developing an agenda that helps the Legislature understand the condition of communities; and Whereas, the Governor’s office often has a dedicated staff member acting as their lead for local governments relations, but the equivalent does not exist within the Legislature; and Whereas, local government leaders are in a good position to contribute meaningfully to policy development and budget decisions, understanding both impact and local variation. Now, therefore be it resolved that AML recommends that: • Legislative leadership name Committee members or staff that will serve as local government liaisons, assisting in sharing local government information with legislators as appropriate; and • A joint session of the Legislature be called to have addressed each year the Condition of Communities; and • In cooperation with AML, the House and Senate Community and Regional Affairs committee chairs, and other Committee chairs as appropriate, establish a session and/or interim agenda that provides legislators, agencies, and the public with greater awareness of local government issues; and • The Legislature establish a dedicated opportunity for local government contributions as part of all committee processes, prior to and outside the public comment process, including as a more formal component of invited testimony. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 175 of 198 AML Board Resolution 2.21 – On Mandatory Exemptions Requesting that the Legislature review and make optional exemptions that are more appropriately decided at the local level. Whereas, increasingly, local governments are expected to fulfill State responsibilities that the State can no longer afford; and Whereas, in order to meet these obligations, local governments must have the tools at their disposal necessary to deliver essential services and ensure that the corresponding tax burden does not fall disproportionally on the rest of the tax base; and Whereas, the State’s exemptions of certain types of property affect the ability of local governments to deliver essential services; and Whereas, mandatory exemptions result in a more limited tax base, and the tax rate more heavily burdening only certain portions of a city or borough’s residents; and Whereas, in particular, an exemption of household furniture and personal effects (29.45.030(a)(2)) is better determined at the local level; and Whereas, in particular, the undeveloped value of natural resources in place is reserved to taxation by the State, even as the impact and benefit may be managed also at the local level, and local control of taxation may increase the viability of a project; and Whereas, in particular, the exemption (29.45.030(a)) of AIDEA land and the Alaska Railroad (42.40.910) – two public corporations that maintain a business model similar to that of any private corporation – are inconsistent with a public purpose; and Whereas, broad age-based exemptions do not take into account the need or lack thereof of those residents, which runs counter to best practices, and in the development of mandatory age-based exemptions the State committed to reimbursement and has not since 1985, now valued at more than $90 million. Now, therefore be it resolved that AML requests that the Governor and Legislature review all mandatory exemptions affecting local governments and where found to be beneficial pass legislation that makes optional those accounted for above, which together increase taxes for the remaining taxpayers and diminish the ability of local governments to provide continued and new essential services. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 176 of 198 AML Board Resolution 03.2021 – On a Sustainable Draw In support for State policy and budget development that reflects a sustainable draw from the Permanent Fund’s Earnings Reserve. Whereas, the State has undergone significant and continuing fiscal challenges for at least the last five years; and Whereas, deficit spending has contributed to loss of emergency reserves once found within the Constitutional Budget Reserve and Statutory Budget Reserve, both of which are at this point depleted; and Whereas, of general fund revenues, competing priorities result in increased potential for the State to incur reductions to core programs that local governments and residents depend on; and Whereas, those same budgetary pressures increase the likelihood the State may choose to shift costs to local governments, hoping that they will pick up the State’s obligations; and Whereas, lawmakers have a range of appropriation powers and tools at their disposal to meet this fiscal challenge; and Whereas, one of the available options to lawmakers are the funds held within the Earning Reserve Account (ERA), estimated to be approximately $6 billion (realized, vs. $12 billion unrealized); and Whereas, the funds are accessible to lawmakers through a simple majority vote, though we understand that for every $1 billion in funds drawn down today, the result is $50 million less available in future years; and Whereas, it may be tempting to utilize these funds for short-term needs, outside the current structure of a 5% POMV draw that makes available sustainable revenue to fund the State’s obligations; and Whereas, an unstructured draw has the potential to destabilize future budgets, pushes challenges to and impacts future generations, and leaves unresolved the many critical needs related to public health and welfare, public safety and education, and infrastructure; and Whereas, while conditions have continued to deteriorate such that the State’s fiscal situation is increasingly dire and additional solutions need to be presented as viable options, it remains critical that the State identify the means by which it addresses these issues; and Whereas, a sustainable draw is a component of a sustainable State fiscal policy that includes revenues and expenditures that have been balanced, emergency reserves replenished, and a fund balance established. Now, therefore be it resolved that AML commends to the Governor and Legislature support for State policy and budget development that reflects a sustainable draw from the Permanent Fund’s Earnings Reserve. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 177 of 198 AML Board Resolution 04.2021 – On PCE Recommending the transfer of PCE endowment assets and distribution responsibilities outside the State’s management and the Legislature’s appropriating authority. Whereas, the Power Cost Equalization (PCE) fund and program is a recognition that the State has made significant investment in Railbelt and urban energy infrastructure, including the subsidy of Cook Inlet natural gas prices; and Whereas, similar and equitable investments have not been made to address high energy costs across much of the rest of Alaska, even as State programs have made uneven attempts to produce solutions; and Whereas, high energy costs are one of the most significant features of high transaction costs, which compound business development and the cost of living; lower energy costs spur development and investment, and require less in the form of State subsidies for other types of programs or offsets; and Whereas, the State’s fiscal condition is now in its sixth year facing a budget deficit, and the State has not significantly adjusted revenues to expenditures; and Whereas, the result is increasing pressure to utilize existing assets and to renegotiate or renege on past commitments; and the PCE Endowment Fund may be facing its greatest threat ever, as the State is left with just a few options; and Whereas, traditionally it has been left to political compromise to hold the line on use of the PCE; and Whereas, even in just the last few years, PCE’s earnings have been tied to Community Assistance and renewable energy, in the hopes that these priorities may be preserved; and Whereas, it is time to remove the temptation from legislative appropriation and ensure that the State can achieve its support of lower cost energy across Alaska; and Whereas, reform of the PCE program should also be considered, such that if any community make an investment in, or incur debt as it relates to, energy infrastructure that achieves lower cost energy, that PCE provides for debt relief or investment match; and Whereas, the relationship with Community Assistance should remain, with a level amount of funding available to provide needs-based support for local governments in their delivery of essential State services. Now, therefore be it resolved that AML first and foremost expects that the State respect and preserve the integrity of the PCE endowment, avoiding its diminishment to meet short-term budgetary demands; but that the State also begin a process to evaluate the process for an appropriate steward to assume management of the endowment and distribution based on statutory investment policy and formula; and Further, be it resolved that as part of this process PCE funds become available to reimburse communities for making investments in lower cost energy infrastructure, and a set aside and distribution occur each year for distribution to the local governments that demonstrate relevant need as part of the Community Assistance program. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 178 of 198 AML Board Resolution 05.2021 – On Education Funding Encouraging collaboration that fosters new approaches to public education, and sufficient and consistent funding. Whereas, it is the State’s constitutional obligation to establish and maintain a system of public education; and Whereas, the State currently provides more than half of overall education funding, local government contributions and local impact aid makes up the remainder; and Whereas, school districts are challenged to recruit and retain teachers, and meet the needs of students, without strong and stable budgets; and Whereas, the State appropriates funds for school construction and major maintenance as available, and school construction and major maintenance funding has diminished over the years, and generally not fully funded the entirety of the need; and Whereas, school bond debt reimbursement has increasingly been unfunded and that cost shifted to local governments; and Whereas, 39 of 56 school districts are municipal, corresponding to home rule or first class boroughs or cities responsibilities, and the remainder are Regional Educational Attainment Areas (REAAs); and Whereas, the boundaries of REAAs are inconsistent with current statute, 2nd class cities within the unorganized borough do not contribute directly to education funding, and without taxing authority those school districts are reliant on the State; and Whereas, the State’s fiscal challenges increases the potential for additional costs to fall on boroughs, and home rule or first class cities in the unorganized borough; and Whereas, the total contribution made by the State, federal and local governments is insufficient to meet the needs of Alaska’s public education system; and Whereas, new approaches may be necessary to consider as part of addressing these issues. Now, therefore be it resolved that AML communicates its interest in working with AASB, ACSA, ALASBO and others to address the following issues, and others, and in support of negotiated solutions: 1. Review of potential statewide revenue development to meet public education funding needs, including removing mandatory, dedicated taxation at the local level to allow for maximum local control. 2. Evaluation of the equalization formula as it relates to district costs, local contributions, mandated expenses, and the needs of public education. 3. Processes that reflect the State’s commitment to school construction and major maintenance, including to meet current obligations and the needs of maintaining a public education system 4. District boundaries consistent with statute and regional needs, as well as the effective and efficient delivery of public education AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 179 of 198 AML Board Resolution 06.2021 – On Public Health Supporting a statewide comprehensive Alaska health initiative Whereas, the State of Alaska is facing a billion-dollar budget deficit and is examining ways to balance the State’s budget and reduce state spending; and Whereas, the State of Alaska faces a public health crisis, which is requiring extensive scaling up of the public health infrastructure in response; and Whereas, there is the potential for leveraging increased public health capacity to meet additional needs of Alaskans, which may contribute as well to addressing State and local government costs; and Whereas, the State of Alaska currently has some of the highest per capita rates of substance abuse and tobacco use in the nation; and Whereas, the State of Alaska has some of the highest rates of domestic violence, sexual assault, suicide, child abuse and neglect, accidental death rates, obesity and sexually transmitted diseases in the nation; and Whereas, data from the 2019 Alaska Kids Count Report ranks Alaska 45th in the nation for children’s well-being based on 16 benchmarks related to quality of life, 50th in the nation for health, 49th in the nation for education, and 33rd in the nation for economic well-being; and Whereas, children who experience abuse or neglect are approximately nine times more likely to become involved in criminal activity, thus burdening the legal and prison systems than children who do not experience child abuse or neglect; and Whereas, Alaska’s public health crisis impacts almost all state department operations and budgets, costs the State of Alaska millions of dollars every year, and damages the state’s economy by limiting productive contributions that healthier citizens could have made; and Whereas, the State of Alaska has made attempts to combat some of these public health challenges but success may depend on a more coordinated and intensive approach; and Whereas, the State of Alaska should identify ways in which a comprehensive state-wide public health initiative could be paid for, with an appropriate return on that investment; and Whereas, substantially reducing the State of Alaska’s public health issues will reduce the need for programs and services and result in significant cost savings to the State. Now, therefore be it resolved, that the Alaska Municipal League supports a comprehensive statewide healthy Alaska initiative that aims to leverage current investments in the public health infrastructure to substantially reduce our public health issues and reduce the state’s operating budget as programs and services are no longer needed to address preventable problems. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 180 of 198 AML Draft Board Resolution 07.2021 – Local Emergency Preparedness Requesting renewed State support and increased funding for local emergency planning committees and preparedness. Whereas, the State has a long history of providing support for local emergency preparedness; and Whereas, local preparedness contributes to the ability of the State to respond effectively in the case of a crisis; and Whereas, State support has come in the form of technical resources, as well as financial aid that helps local governments form and sustain local emergency planning committees; and Whereas, the State had conducted some of this collaboration through DMVA’s Local Emergency Planning Committees; and Whereas, in FY19 the State funded LEPCs at $298,500, in FY20 all of the LEPC funding of $225,000 was vetoed from the State’s budget, and in FY20 eliminated from the budget entirely; and Whereas, the justification for those reductions note that “communities can apply for grants through other sources including DCCED and the federal government” and that “the State’s fiscal reality dictates a reduction in expenditures;” and Whereas, many local governments were unable to sustain LEPCs on their own, and were not able to identify grants corresponding to this need, while others saw their preparedness reduced dramatically; and Whereas, the current COVID-19 public health emergency highlighted challenges related to these gaps, wherein lack of funding has resulted in a less effective response than could otherwise have been in place; and Whereas, Alaska’s public safety and health are dependent on strong public institutions that are able to 1) communicate local, on the ground information to state and federal decision makers, 2) engage with and partner at the State and federal level; and 3) assist in implementing state and federal guidance; and Whereas, an FY21 supplemental appropriation would ensure that local governments have the ability to sustain the systems that were developed in response to COVID-19, especially if no further federal funding is available and CARES Act funding remains restricted; and Whereas, while recognizing the State’s fiscal reality, the public health emergency and economic crisis, 2019 earthquakes and fire season, and future emergencies necessitate capacity at the local level that assists in the State response; and Whereas, the State investment in local planning efforts saves the State time and funding later during an actual emergency, as systems are in place to coordinate response. Now, therefore be it resolved that AML requests renewed State support and increasing funding for local emergency planning committees and preparedness. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 181 of 198 AML Draft Board Resolution 08.2021 – On Fiscal Policy In support of a balanced approach to addressing the State of Alaska’s deficit and continuing fiscal challenges. Whereas, in 2016 AML presented a Sustainability Plan as the result of a year’s worth of Committee work, and carefully evaluating the options at the time; and Whereas, the Plan included creation of the POMV, changes to the PFD formula, broad based taxes, and additional revenue measures; and since then, the POMV has been implemented and some small reductions have been made to expenditures; and Whereas, while the level of State spending on State government has remained about the same, much of its savings have been achieved by cost-shifting to local governments; and Whereas, since 2016 the State has spent down almost the entirety of its savings accounts and there are few options remaining that don’t include broad based revenue measures, use of the remaining funds that have been held within the Earnings Reserve account, additional cost-shifting, or dramatic reductions to spending; and Whereas, as local government officials who similarly have to make hard choices in balancing local budgets, our members recognize the inherent challenges, fraught politics, and social and economic impacts; and Whereas, Alaska’s cities and boroughs – as political subdivisions of the State – depend on a State government that has the resources available to deliver its Constitutional and statutory obligations, including in partnership with local governments; and Whereas, the deterioration of the State’s fiscal condition materially threatens the sustainability of local governments in Alaska; and Whereas, Alaska’s residents, businesses, and local governments expect action by the Governor and Legislature that balance the State’s budget using the myriad tools of government – right-sizing programs, broad-based taxation, and strategic spending; and a balanced approach is crucial and will require reexamination of current approaches. Now, therefore be it resolved that AML supports a balanced approach to addressing the State of Alaska’s deficit and continuing fiscal challenges, including by addressing the following: • Broad-based taxation (personal and corporate income, sales, and property) • Additional revenue measures tied to use (motor fuel, marijuana, tobacco, alcohol) or resource • A stable PFD formula consistent with a sustainable draw from the Earnings Reserve. • Potential reductions to the State budget irrespective of fund source • Negotiating solutions to devolve responsibilities, and foster public-private partnerships Be it further resolved that AML suggests the following criteria be used in evaluating the efficacy of these options: AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 182 of 198 • The effective date of broad-based taxation should be consistent with economic recovery, including to phase in over time – these programs take time to implement • Social and economic modeling should accompany individual options and the combination of options, with consideration given to the impact on the tax base, equity, and distribution • Local governments are diverse in their ability to sustain cost-shifting or cuts, and that variability will need to be taken into account • Negotiated solutions are different than unfunded mandates, and must include a level of funding that can be leveraged at the local level AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 183 of 198 AML Draft Board Resolution 09.2021 – On Public Safety In support of increased funding for community and regional jails, and a base level of funding for Village Police Officers. Whereas, Alaska has a unified court system and the criminal justice system is the obligation of the State; and Whereas, local governments have the option to adopt police powers, with more than 70 having done so; and local law enforcement enforces State and municipal law; and Whereas, the State has separated local law enforcement into two classes, one of which is Village Police Officers (VPOs), who have different training requirements than other public safety professionals in the state, but very similar responsibilities to other local law enforcement, and more responsibility than Village Public Safety Officers (VPSOs) who received more training; and Whereas, the State invests $10 million in the VPSO program, a necessary component of the overall public safety system in Alaska, for about the same number of officers as VPOs, which it contributes nothing to; and Whereas, increasing public attention on public safety, including recruitment and retention, hiring practices and training, performance and outcomes, and operations, necessitates an increased level of commitment to and investment in these systems; and Whereas, at the same time, 15 local governments provide community and regional jails on behalf of the State’s criminal justice system; and these jails are an integral part of local and state law enforcement; and Whereas, State funding for community and regional jails has been static for the last three years, and if adjusted for inflation represents pre-2002 levels of State investment; and in many cases, State funding is only 50% of the full cost of managing the jail on the State’s behalf, and in all cases deficient; and Whereas, if local governments are to effectively deliver public safety in Alaska then the State must better contribute to their ability to do so; and Whereas, additional State investment is needed to improve and adjust to the demands of these roles, to attract and retain qualified officers, and to expand training and preparedness. Now, therefore be it resolved that AML calls on the Governor and Legislature to fully fund community and regional jails, requiring at least an additional $5 million more than the $7 million currently budgeted; and Be it further resolved that funding should be appropriated in support of Village Police Officers, to include at least coverage of police professional liability insurance, travel for training and training expenses, and a base level of pay, the estimated total of which will represent half of what the State invests in the VPSO program. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 184 of 198 AML Draft Board Resolution 10.2021 – COVID Response In appreciation for the State’s response to COVID-19, the public health emergency and economic crisis. Whereas, COVID-19 threatened the health and well-being of Alaskans, even as it dramatically affected the same across the world; and Whereas, the State’s early and robust action early resulted in effectively managing the spread, flattening the curve, and giving the public health and medical community the time necessary to prepare; and Whereas, Alaska continues to have some of the most testing, and the lowest number of deaths per capita and total deaths in the nation; and Whereas, Governor Mike Dunleavy, Commissioner Adam Crum, and Dr. Anne Zink are to be commended for their high level of leadership throughout this crisis; and Whereas, local government officials actively worked with State officials throughout, with emergency operations centers established, incident commanders and public information officers named; and Whereas, together we learned that there needs to be better systems for communication and coordination between the State and local governments; and Whereas, together we learned that for local officials to effectively implement State mandates, a certain level of information must be shared and the earlier local officials are brought into and kept apprised within the process, the better; and Whereas, together we learned that additional work will need to be done to clarify the existing and necessary powers of local governments to act in a public health emergency; and Whereas, together we learned that the capacity of local governments varies significantly across the State, such that the demands of response are met differently and need different levels of State support; and Whereas, together we learned that collaboration with tribal governments and the tribal health system are essential for the overall implementation of public health mitigations measures and the needs of local governments and the State; and Whereas, the Governor’s and Legislature’s distribution of a sufficient level of CARES Act funding was critical to ensuring that local governments were able to manage through this process, to respond both to public health and economic crisis; and Whereas, our approach to CARES Act funding must continue to be done in partnership, such that as we near the deadline for expenditure, and then through the reporting period, the State and local governments are able to fully justify and account for the costs associated with the pandemic. Now, therefore be it resolved that AML appreciates the State’s response to the public health emergency and continued collaboration in support of economic recovery. AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 185 of 198 Alaska Municipal League RESOLUTION NO. 2021- Page 1 of 2 ALASKA MUNICIPAL LEAGUE 1 2 RESOLUTION NO. 2021 – 3 4 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE IN SUPPORT OF AN ALASKA 5 MULTI-MODAL TRANSPORTATION PROGRAM 6 7 WHEREAS, The Alaska Municipal League supports adequate State funding 8 for basic public services and infrastructure including transportation projects that can be 9 used to match or supplement federal funding; and 10 11 WHEREAS, An Alaska Multi-Modal Transportation Program would be a single 12 over-arching program to facilitate the funding of all transportation-related projects in the 13 State of Alaska with the objective of ensuring that all transportation related projects were 14 vetted in one program which would reduce redundancies and enhance modal coordination 15 through a transparent and objective process; and 16 17 WHEREAS, The modes addressed would include highways, marine, rail and 18 aviation and would include all federal and non-federal funding; and 19 20 WHEREAS, The program would be established under the Department of 21 Transpiration with a structure akin to that of a metropolitan planning organization with a 22 Policy Board and a Technical Committee; and 23 24 WHEREAS, The make-up of the Policy Board and Technical Committee 25 would be representative of all regions and modes and technical modal experts and 26 planners, with representation from state employees, non-state workers, and expert 27 citizens of the state encouraged to participate; and 28 29 WHEREAS, the Program would establish long-term and short-term multi-30 modal transportation plans at least every four years through an objective nomination and 31 evaluation process and create transparency and stability over the current planning 32 process to ensure that the best mode is funded to satisfy an identified transportation 33 deficiency. 34 35 NOW THEREFORE BE IT RESOLVED that the Alaska Municipal League 36 supports the creation of the Alaska Multi-Modal Transportation Program. 37 AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 186 of 198 Alaska Municipal League RESOLUTION NO. 2021- Page 2 of 2 SUBMITTED THIS 8TH DAY OF OCTOBER BY THE FAIRBANKS NORTH STAR 38 BOROUGH ASSEMBLY. 39 40 41 _________________________ 42 Christopher Quist 43 Presiding Officer 44 45 ATTEST: 46 47 48 49 _______________________________ 50 51 April Trickey, CMC 52 Borough Clerk 53 AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 187 of 198 Alaska Municipal League RESOLUTION NO. 2021- Page 1 of 1 ALASKA MUNICIPAL LEAGUE 1 2 RESOLUTION NO. 2021 – 3 4 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE IN SUPPORT OF ESTABLISHING 5 STANDARDS AND REGULATIONS FOR UNORGANIZED BOROUGHS 6 7 WHEREAS, The Alaska Municipal League supports the idea of “maximum 8 local self-government”; and 9 10 WHEREAS, Article 10, Section 3 of the Alaska Constitution requires the 11 Legislature set policy for the establishment, alteration and nature of Boroughs; and 12 13 WHEREAS, The legislature has not yet enacted standards and procedures 14 for the establishment of unorganized boroughs and the lack of such standards and 15 procedures precludes a meaningful determination of whether an unorganized area has 16 attained the fiscal and administrative capacity to support areawide functions; and 17 18 WHEREAS, if such standards existed, an unorganized area could be signaled 19 to form an organized borough when it achieved the administrative and fiscal capacity to 20 support areawide functions. 21 22 NOW THEREFORE BE IT RESOLVED that the Alaska Municipal League 23 supports establishing standards and regulations for unorganized boroughs. 24 25 SUBMITTED THIS 8TH DAY OF OCTOBER BY THE FAIRBANKS NORTH STAR 26 BOROUGH ASSEMBLY. 27 28 _____________________ 29 Christopher Quist 30 Presiding Officer 31 32 ATTEST: 33 34 35 36 ________________________________ 37 38 April Trickey, CMC 39 Borough Clerk 40 AGENDA ITEM #13.D.1. Assembly Review And Taking Official Action In Support Of Alaska Municipa...Page 188 of 198 WOMENSBAYSERVICEAREABOARDREGULARMEETINGMINUTESDate:September8,2020Calltoorder:5:40pmCommissionersPresent:JasonChandler,DaveConrad,GregEgle,DaveHeuman-Secremry,JohnIsadore-ChairandChrisWindnagle.Commissionersexcused;BillyEcretApprovaloftheminutesbyunanimousrollcallvotefortheRegularMeetingofAugust4,2020.CitizenComments:NoneContractorComments:KevinArndt.1.Didsomecracksealing,brushingandsignmaintenance.CracksealingremainsonMid.BayDrandSRussCkRd.Chairman’sRenortI.Cracksealingtocontinue,approx15ktodate2.Expended—50konBFRd.24kRAPand25klabor.OldBusiness1.FireServicea.BrushFireTruck;RFPbeingdevelopedb.Gear/shelvingrack;RFPbeingdevelopedc.ShelterSuppliesbeingresearched,inprogress.2.RoadServicea.BFRdRAPcompleted,severalpotholeshowever,needtobefilled.b.Someroadsignsneedreplacement.NewBusiness1.FireDepartment;a.None2.RoadServicea.Worktocontinue;i.PotholesAGENDA ITEM #18.A.1.Page 189 of 198 WOMENSBAYSERVICEAREABOARDREGULARMEETINGMINUTESii.cracksealingiii.culvertmarkersiv.gradingb.DrivewaypermitonSRussianCkRd,BetweenMadsenandEskew,needstobecheckedforproperculvertinstallation.CitizenComments:noneBoardMemberCommentsLCW;Brushpilebythedurnpstrsisgrowingwithresidentadditions.2drivewayspc;bk1FfonWmBayDrhaveThlockedculverts,fleedi+i-ente-cea4wakPf.L}2.JC;PotholesonSRussCkRdneedrework.GarabrErodingfromexcessiverainfallcuttingchannel.3.DC;ServiceDistrictContractwillre-bidinFY22.BFRdRAPprojectfinishednicely.4.GE;4wheelersanddirtbikesareanongoingnuisancetoresidents,noiseandrecklessdrivingareissues.5.JI;BFRDcameoutwell.Willbeleavingtheboardatthenextmeeting,resignationtobesubmittedtoClerk.NextRegularMeetingOctober13,2020.5:30PMattheWBFDMeetingadjournedat6:40pm‘CRURPERSONWITNESSAGENDA ITEM #18.A.1.Page 190 of 198 Award for Presented to Kodiak Island Borough For its Annual June 30, 2019 Executive Director/CEO Financial Report for the Fiscal Year Ended Financial Reporting Popular Annual Achievement in Outstanding Text38:Alaska Government Finance Officers Association AGENDA ITEM #18.B.1. Page 191 of 198 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – September 2020 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending September 30, 2020 BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and Landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late January 2020 the Alaska Department of Environmental Conservation formally approved a work plan to landfarm the contaminated soil at the landfill. The landfarm has been constructed and the contaminated soil will be relocated in October 2020. In fall 2019 staff solicited bids for a new 4,000-gallon fuel tank to replace the UST, and in December 2019 the Assembly approved a contract with Greer Tank of Anchorage for procurement and delivery of the new tank. The new tank was delivered in early March 2020 and is currently staged at the landfill. Installation of this tank has been combined into one project with the installation of a new tank at Providence Kodiak Island Medical Center. Jensen Yorba Wall and RSA Engineers completed design documents for the tank installation, and on August 6, 2020, the Assembly voted to approve a contract for Scott’s Heating and Plumbing. As of September 30, 2020, Scott’s had completed the new concrete footing for the new tank and were preparing to place the tank. Construction is scheduled to be complete by October 15, 2020. Change Orders this Period: None. Landfarm Location Prep for Tank Footings Pouring Tank Footings AGENDA ITEM #18.B.2. Page 192 of 198 Projects Report – September 2020 Page 2 BOROUGH BUILDING BOILER ROOM UPGRADES Project Description: This project is for replacement of the boilers at the Borough Building, including abatement of pipe insulation and gaskets as required. The boilers are over 50 years old and well past their useful life. The project will also look at replacing the generator for the Borough Building as well as replacing the boilers for the adjacent maintenance building. Current Status: As part of the initial design efforts, EHS-Alaska completed a hazardous material and indoor air quality survey of the Borough Building in April 2020. Jensen Yorba Wall and RSA Engineers are now working on design documents to replace the boilers at the Borough Building and maintenance building, and the generator at the Borough Building. An analysis of a plan to connect the heating systems of both buildings for increased energy efficiency showed that it would require substantial infrastructure improvements that make it impractical. Preliminary design documents were received at the end of August 2020. After review by the Projects Office staff they have been sent to a professional cost estimator to provide a clear idea of project cost before proceeding further with design. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW provided 65% design documents in late September 2020 which are currently being reviewed by staff and will also be provided to the Architectural/Engineering Review Board for review. The 65% documents will also be sent to a cost estimator to provide a clearer idea of project cost so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. Current Status: Jensen Yorba Wall and RSA Engineers provided the design of this project and Wolverine Supply of Wasilla is the contractor. Wolverine began work in mid-July 2020 and completed the work in early September 2020. On September 15, 2020, an inspection by the City of Kodiak Fire Department and Building Department certified that the new system was complete and active. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FUME HOOD EXHAUST SYSTEM Project Description: This project is for the upgrade of fume hood exhaust system at Kodiak Fisheries Research Center (KFRC). There are six fume hoods at KFRC and there are currently issues maintaining AGENDA ITEM #18.B.2. Page 193 of 198 Projects Report – September 2020 Page 3 sufficient air flow when a certain number of hoods are in use. The goal of this project is to upgrade the exhaust fan and/or exhaust ductwork to eliminate these issues. Current Status: On August 6, 2020, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. Staff has had several discussion with JYW and RSA Engineers on the most cost-effective solution to this problem. Preliminary design documents are scheduled to be completed by mid-October 2020. Change Orders this Period: None. NORTH STAR ELEMENTARY SIDING REPLACEMENT Project Description: This project is for the removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The goal is to complete Phase I for the gym in summer 2020; Phase II would include replacement of the siding and possibly the windows around the rest of the school but will require further design investigation and cost estimates before proceeding. Current Status: Jensen Yorba Wall (JYW) completed design for Phase I and the contractor is Wolverine Supply of Wasilla. Wolverine began work at the beginning of August 2020, and as of September 30, 2020 had installed approximately 75% of the new metal panels. The remaining material has been delayed by repeated manufacturing and shipping issues, but are scheduled to arrive in Kodiak on October 7, 2020, and be installed shortly after. Preliminary design and cost estimates for Phase II were received at the end of June 2020 and have been reviewed and commented on by KIB and KIBSD staff. On September 3, 2020, the Assembly approved a change order for JYW to proceed with design of Phase II. A 65% design submittal is scheduled to be received by the end of October 2020. Staff is also working with KIBSD staff and the Alaska Department of Education and Early Development to redirect remaining 2014 bond funds to ensure there is adequate funding to complete construction for both phases of the project. Change Orders this Period:  Jensen Yorba Wall Contract FY2019-10 Change Order #11 - $ 44,191.00 (Approved by Assembly on 9/3/20) 1) Provide design and construction administration services for the North Star Elementary Phase 2 Siding project. Design will include replacing siding, windows, exterior doors, and skylight. Cost estimates to be provided at 65% and 95%. Design fees to be lump sum; construction administration fees to be charged on a time and materials basis. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FIRE ALARM AND FIRE DAMPERS Project Description: This project is for replacement of the fire alarm system and replacement of fire/smoke dampers in the HVAC system at Providence Kodiak Island Medical Center. The fire alarm system is an older zoned type system that will be replaced with an addressable system to minimize response times. Many of the fire/smoke dampers are inoperable and impossible to inspect or service and need to be replaced to have a fully functioning fire safety system. AGENDA ITEM #18.B.2. Page 194 of 198 Projects Report – September 2020 Page 4 Current Status: The Assembly approved a change order for Jensen Yorba Wall (JYW) to proceed with design at the regular meeting on July 16, 2020. JYW is working with RSA Engineers on the design and is scheduled to have preliminary design documents by early October 2020. A site visit to verify existing conditions is scheduled for October 10-11, 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. A bid package to procure the tank was issued in March 2020, and bids were due and opened on March 31, 2020. Three bids were received, and on April 16, 2020, the Assembly voted to approve a contract to the low bidder, Pinnacle Construction of Anchorage. The tank arrived in mid-August 2020 and is currently in storage until the site is ready for installation. Installation of this tank has been bundled into one project with the installation of a new tank at the Baler Building. JYW/RSA completed design documents for the tank installation, and on August 6, 2020, the Assembly voted to approve a contract for Scott’s Heating and Plumbing. As of September 30, 2020, Scott’s had relocated the temporary fuel tank and completed excavation for the new tank location. Construction is scheduled to be complete by October 30, 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. Current Status: A geotechnical investigation to determine subsurface soil conditions behind the existing wall was completed in September 2019, and in early February 2020 Jensen Yorba Wall (JYW) and PND Engineers (PND) provided a report summarizing the findings, suggested methods for repairing the wall, and preliminary cost estimates. On July 16, 2020, the Assembly approved a change order for JYW and PND New Fuel Tank Relocated Temporary Tank Excavation for New Tank AGENDA ITEM #18.B.2. Page 195 of 198 Projects Report – September 2020 Page 5 to proceed with design. A structural engineer from PND visited the site the week of August 24, 2020, to verify existing conditions and identify areas in need of significant repair. JYW and PND provided 65% design documents in September 2020, and these were reviewed and approved by the Architectural/Engineering Review Board on September 28, 2020. The design team will take the comments received from the ARB and proceed with 95% documents, which are scheduled to be revied by the end of October 2020. Change Orders this Period: None. AGENDA ITEM #18.B.2. Page 196 of 198 Original Budget Ord 2020-01A Pending Ord Current Budget Expenses Obligated Remaining Design 40,000$ -$ 5,000$ 45,000$ 26,728$ 16,571$ 1,702$ Construction 40,000$ 40,000$ 80,000$ 160,000$ 76,439$ 78,000$ 5,561$ Admin 10,000$ 20,000$ -$ 30,000$ 13,198$ -$ 16,802$ TOTAL 90,000$ 60,000$ 85,000$ 235,000$ 116,364$ 94,571$ 24,065$ Original Budget Ord 2020-01C Current Budget Expenses Obligated Remaining Design 40,000$ 40,000$ 80,000$ 47,667$ 18,862$ 13,471$ Admin 10,000$ 10,000$ 20,000$ 2,566$ -$ 17,434$ TOTAL 50,000$ 50,000$ 100,000$ 50,233$ 18,862$ 30,905$ Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ 14,020$ 37,819$ 23,161$ Admin 25,000$ 25,000$ 4,556$ -$ 20,444$ TOTAL 100,000$ 100,000$ 18,576$ 37,819$ 43,605$ Original Budget Ord 2020-01D Current Budget Expenses Obligated Remaining Design 25,000$ -$ 25,000$ 15,729$ 7,891$ 1,380$ Construction 100,000$ 110,000$ 210,000$ 149,000$ 58,000$ 3,000$ Admin 10,000$ -$ 10,000$ 14,158$ -$ (4,158)$ Contingency 15,000$ -$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 110,000$ 260,000$ 178,887$ 65,891$ 15,222$ Original Budget Current Budget Expenses Obligated Remaining Design 15,000$ 15,000$ -$ 14,915$ 85$ Construction 55,000$ 55,000$ -$ -$ 55,000$ Admin 5,000$ 5,000$ 263$ -$ 4,737$ TOTAL 75,000$ 75,000$ 263$ 14,915$ 59,822$ Kodiak Island Borough Project Budget Status - Period Ending September 30, 2020 Baler Building Underground Storage Tank Replacement - 18005 Budget and Adjustments Current Budget Status Funding: Fund 530 - Solid Waste Collection and Disposal Borough Building Boiler Room Upgrades - 20005 Funding: Fund 469 - Renewal & Replacement Kodiak Fisheries Research Center Exterior Upgrade - 20004 Kodiak Fisheries Research Center Fume Hoods - 21001 Funding: Fund 555 - KFRC Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC Funding: Fund 428-805 - KFRC Capital Project - KFRC Project Budget Status Page 1 of 2 AGENDA ITEM #18.B.2.Page 197 of 198 Kodiak Island Borough Project Budget Status - Period Ending September 30, 2020 Budget and Adjustments Current Budget Status Original Budget Current Budget Expenses Obligated Remaining Design 26,193$ 26,193$ 31,628$ 67,084$ (72,519)$ Construction 436,556$ 436,556$ 70,394$ 173,996$ 192,166$ Admin 17,462$ 17,462$ 18,118$ -$ (656)$ Contingency 21,828$ 21,828$ -$ -$ 21,828$ TOTAL 502,039$ 502,039$ 120,140$ 241,079$ 140,820$ Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ -$ 70,195$ 4,805$ Construction 546,475$ 546,475$ -$ -$ 546,475$ Admin 50,000$ 50,000$ -$ -$ 50,000$ Contingency 50,000$ 50,000$ -$ -$ 50,000$ TOTAL 721,475$ 721,475$ -$ 70,195$ 651,280$ Original Budget Ord 2020-01C Pending Ord Current Budget Expenses Obligated Remaining Design 35,000$ -$ -$ 35,000$ 21,726$ 8,823$ 4,451$ Construction -$ 80,000$ 30,000$ 110,000$ -$ 109,500$ 500$ Equipment -$ 65,000$ -$ 65,000$ 62,000$ -$ 3,000$ Admin 15,000$ 5,000$ -$ 20,000$ 12,099$ -$ 7,901$ TOTAL 50,000$ 150,000$ 30,000$ 230,000$ 95,825$ 118,323$ 15,852$ Original Budget Pending Ord Current Budget Expenses Obligated Remaining Design 125,000$ 85,000$ 210,000$ 117,635$ 91,190$ 1,176$ Admin 25,000$ -$ 25,000$ 8,005$ -$ 16,996$ TOTAL 150,000$ 85,000$ 235,000$ 125,639$ 91,190$ 18,171$ Providence Kodiak Island Medical Center Fire Alarm/Damper Replacement - 21000 Funding: Fund 497-567 - Hospital Capital Projects Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Fuel Tank - 20001 North Star Elementary Siding Replacement - 20008 Funding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) Project Budget Status Page 2 of 2 AGENDA ITEM #18.B.2.Page 198 of 198 Kodiak Island Borough Assembly Regular Meeting Agenda Guidelines Thursday, December 3, 2020, 6:30 p.m., Teleconference 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Bill Roberts. 3. ROLL CALL Motion to 4. APPROVAL OF AGENDA AND CONSENT AGENDA correct agenda error by moving 'a motion is need to correct a clerk's error on the agenda Election Of Deputy ROLL CALL VOTE. Presiding Officer From Unfinished 'Roll Call Vote is required when conducting a meeting via Zoom or any other remote access Business to participation. Other Items. 'For items to be amended on the agenda, a motion and second is needed. 'A majority vote is required. 5. APPROVAL OF MINUTES - None 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: d' 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 AWARDS AND PRESENTATIONS A. State Lobbyist, Mark Hickey of Hickey & Associates, 2020 Annual Report. 8. COMMITTEE REPORTS Page 1 of 6 a1!•lll:t111lot U;L\-.4IzIt" Motion: A. Ordinance No. FY2021-12 Amending KIBC Title 3 Revenue And Move to adopt Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Ordinance No. Products Section .020 Definitions and Section .030 Excise Tax On FY2021-12 Cigarettes And Tobacco Products. Version 4. Staff Report — Manager Powers Open public hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: 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 ' Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION Motion: B. Ordinance No. FY2021-16 Amending KIBC Title 3 Revenue And Move to adopt Finance, Chapter 3.630 Motor Vehicle Registration Tax, Section .030 Ordinance No. Fee Imposed & Section .040 Annual Fee Imposed On Commercial FY2021-16. Plates. Staff Report — Manager Powers Open public hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: 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 Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None *Election of Deputy Presiding Office - This is out of order - Assembly motion has been made to correct. Page 2 of 6 13. NEW BUSINESS Motion: 13.A. Contracts Move to authorize the Borough 1. Amendment No. 1 Amending Contract No. FY2019-25 Manager To Residential and Commercial Solid Waste Collection and Execute Recycling Services. Amendment No. 1 Amending Staff Report — Manager Powers. Contract No. FY2019-25 With Assembly discussion. Waste Connections Of ROLL CALL VOTE ON THE MOTION Alaska, Inc., Dba Alaska Waste For Residential And Commercial Solid Waste Collection And Recycling Services. 13.8. Resolutions — None Motion: 13.C. Ordinances for Introduction Move to advance Ordinance No. 1. Ordinance No. FY2021-01E An Ordinance Of The Assembly FY2021-01Eto Of The Kodiak Island Borough Amending Ordinance No. public hearing at FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets the next regular To Account For Various Revenues That Are Over Budget, meeting of the assembly on Providing For Additional Expenditures And Moving Funds December 17, Between Projects. 2020. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Ordinance No. FY2021-07A An Ordinance Of The Assembly Motion: Of The Kodiak Island Borough Supplementing Ordinance Move to advance No. FY2021-07 Regarding The Disposition Of A Tax Ordinance No. Foreclosed Property, 810 Hillside Drive Formally Owned By FY2021-07A to Ada And Susan Panamarioff, Setting A Minimum Bid And public hearing at Sale Process As Borough Land Sale Number Twenty -One. the next regular meeting of the Staff Report — Manager Powers. assembly on December 17, 2020. Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 3 of 6 Motion: 3. Ordinance No. FY2021-24 Determining The Disposition Of A Move to advance Tax Foreclosed Property Acquired By Clerk's Deed More Ordinance No. Than 10 Years Ago And Establishing Intention To By Finding FY2021-24 to That The Properties Are Submerged By Water And Have No public hearing at Assessed Value Therefore Will Be Retained By The Borough. the next regular meeting of the Staff Report — Manager Powers. assembly on December 17, Assembly discussion. 2020. ROLL CALL VOTE ON THE MOTION 13.D. Other Items Motion: 1. Election Of The Deputy Presiding Officer. Move to nominate _ as Deputy 1s' Make a motion to nominate Presiding Officer. ROLL CALL VOTE *majority vote is required Motion: Move to confirm the Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, and Commissions as reflected in the attached list. Motion: Move to approve the 2021 Kodiak Island Borough Annual Calendar. *If more than one motion for nomination made. 1" Text The Clerk at 654-9297 your vote 2nd Clerk will tally and announce the tally 3rd ROLL CALL VOTE on nominee with the most votes 2. Mayoral Appointments Representatives To Differen Commissions. Assembly discussion. ROLL CALL VOTE ON MOTION t Of Assembly Member Boards, Committees, and 3. 2021 Kodiak Island Borough Annual Calendar. Staff Report - Clerk Rice Assembly discussion. ROLL CALL VOTE ON MOTION Page 4 of 6 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: 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 next Assembly Work Session is scheduled for Thursday December 10, 2020 at 6:30 p.m. and the next Regular Meeting is scheduled for Thursday, December 17, 2020 at 6:30 p.m. 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 ROLL CALL VOTE ON THE MOTION KIBC. 2.30.030 (F)(1)(a) 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. Motion: Invite into Executive Session. Move to invite the Mayor, Assembly, Borough Manager, ROLL CALL VOTE ON THE MOTION Michael Powers, Engineering and After the vote, Mayor Roberts recesses the regular meeting and Facilities Director, convenes into executive session. Dave Conrad, Projects Manager, Matt Gandel, Upon returning from the executive session, Mayor Roberts reconvenes Borough Clerk, Alise the regular meeting and announces: Rice, AND Borough Attorney, Scott Brant- No action is to be taken as a result of the executive Erickson via session teleconference into Executive Session. -Or- Page 5 of 6 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. Motion: 17. ADJOURNMENT Move to adjourn the meeting ROLL CALL VOTE ON THE MOTION KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 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 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.B. Reports Page 6 of 6 PUBLIC HEARING FORM Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R7 - Single Family Residential And PI - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P8Z Case No. 21-003). ❑ This is in support of Ordinance No. FY2021-18 M This is in opposition of Ordinance No. FY2021-18 ❑ Other comments. Name: Qr` Residence Address. Mailing Address: _ Comments: Gl _ Cihfirn -F f}lacfc., Na4ivet c.�%o' CQr\ gr a ie,4rea, Written comments may be submitted by email to cierksZkodiakak.us faxed to 907-4a&9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak AK 99615. I m;o K I c '< cn o < m n o ! r- _ 0.? ? p [Ji CJi 3. of 7 C7� F'I a d CD��<5 cy 3 cD alcc C G ! 300 0 ' ci S 3 o C) 0 m m a O �, N m o ! o ( Cl)(n O 3 D c c' O vl < Si <I of I 0 o a c — CD to O C = 6, ' - O O Y CD O 0 0 a CDG] a N l o a :o �I(D CD CD CD, cn CO, G a I T7 v7 3 1 =' < o l 3 CD Q o, D ID,CL �' =I of Q c. � CD ram. f i CL � c CD to N D A N CDCD m. N.I CDCO - yc CD cCD = c m r p U, 7ICD .(n 1. N I i < II S < o i o t ° r ;r, �I o co cr zi, o — CLI G' CD NO CD CDp. J C S I Z I \/\\1K�\ �I W+� G I 0 1 CD CD N' C a 3 C C CA D�� CL Mi yl OI p W n CD (o C a d I in N C7 t, i V' I �i `I CD � O O N N (D a o a ci= Z V C NI I m CL z VV q WE m C) O 7 CD 7 m a a O C 7 O a L-. N N �I DI �I Cn cn ' o' D O' 00 N -' I 7 1 3 j 3 0 1 2 O o fJ CD J o a1 N vi 3i „ a CD - CD CD . 3 C O N 3 1 -UO r— - -- --- -- 3 CL < m 0 � . 0 W o FCD o � r 0< o G D �'- �I (n Cn 7' 0 D 3 0 m� < 5 �, CD Hof 3 0: �1 e) O N n =r 0 C c 3CD 0��i�l N 0 fit 0 QCD XOi�is Cnl �I cn �: 01 D m a U v7� t 3' 3 �_: nl �� a awl o o co, 3 0 O N �� N CD0 0 Co m c) '` O < 3 C. CO y CO r) 0. aa)) (D O r 7 V' 7 3 7 m a . y [- Cn, (, CO OI D G 0 O < 3 A! O Ci r ,� ? 3 �I w O a Cr m 3 mt °ml CD� �1 0- O N O N CD l 1 N< O N u N 0 0 D �' Cn Cn cn x 0 D �'.o < o�r 3I1 3 � ..') 3'� �; <' nl 0 CD 0 CD a.I C: En �� . a: lg 1 1 ! i � o cn O D CI- 3 0 < Q .� ('D D� t 7 a C 0 o a m O - CJ i Imo'.. - • ----- _.-- - -- -_-._ m / a' O M 0 7 O O 0 O roF__ C_ '< w O U = 3 � I ao v n cl Q 711 0 o ! C) -4 Cn(n �' 0D g c �, n m < F7 i,z �. �,. 7-I <� of a "ti0 V G- 3 7 1 7 1 o CD C, O N ! N S co yI < C) Ej 3m En n 0 pad aCD N �i. O fil �' „ N, 7' N 71I 71 0 C j r y iJ �j� Cl) U)I cn ' �� O: D a^ T) vl C �R 3 p oICL cr 0 m lei r�r ', ! CL ! CO CD n y'O A_-- N N U a CD CD d I 0 _ _ m 3. O i--- ';-- i gy m' m `ro'u O r K' g I g, 3 i,1 7 7 01 71 0 fJ a. �7 cn 7 31 ?! < 0, a o0 CD m N U cn to c CD CD ! m I ! U. C: < o o. < 3 �1 °! �! 3 9-, m� o a ar (D nI =! CL U.. CD N , cn N ___ (D :3m zCD m LVI \ U cn N O _ m 03 0 O �, `a V 0 A cn �1 CD D l z v - O N W I m O O 0O C �p V 2 Um ) < m Q I rD W � O f--a m W r O r (� r CL to m m aC w l m V i (p Cl) co n s z ^ I < o7, 7 0 7 7 i < o `CL -. >> O N: 3 C O J u ��I 6 y �i i CO 3 a �.0 of `� in o m 1 <O D Q� F7 i:i o <, of a n - 0m °cn 3 I c mi ? y CD m 7� N Cj Q, C! ^ mni e0, f.i O N N n l S 0 0 CD (J CD n m CD J I m _ �+ I G) i fit c� ° 1.0 O CD i 0) CD fil 7 7 1 N 1, 7 U1x CD -� O CD 0 Qa^U Z Q CL,oof oo �0QCD :3 cCD CD o Cl (� y l U) y m ow 3 U) O ! T < c" 3 1 C Ei N V co 1 C 1 U 1 CD C L; i ,< �1 < D p' Cl0' r i. 3 3 , �} =' < a Q. cz 1 tiCD :3L O O I Z-' CD W N O S �I W� I ' �j o �' (n' (n' O' D o ('d (D: l 1 3 O : (D o CD c C7 . 3 T1 CD W Ui > yI Q (D C rJ_ �1 30 m { I o G 1 n 1D 0 C 0 (n (D a n m 0 0 7 G LD CD CD Q 0 ❑1 CD d X d m — __-_ p. ° Di ��ol 0 0 , l r-: 0 > > ips 0 c w I O o31 CD 31 , . rn�' --i3r m" o - o C: < o U m =i . C, oio m, Dc; 3 a . l CD S O 'O N l l Ln O O 0 CD L N Elli O O CO O 1 CAD 3 m� lob_ O ° o -o 0CD 31 O ri com m 11 $ cr, C{ a�ai Q 01 c CD J O ' � NCD n m yy C N'O Ai N O rD y dCD C aI CD al v` N d 3 0 A : Cl CD N C'.1 CI N G, CD N � S. f3 L4 CD mI Ca 1 C N ( tll 7 7 —I'. (n C, I< 31 3 _, rA n ?i b <' 0 : < 0 D 3 m 3 �' O 3 —. Q O 0 ; W CD (D m G n SI I I I i 3 3': sl <I 01 Q 0 3 O. CD ' CCD I CL G C=1 1 ai, T' O L m, (.CO1 �j rn cl<3, (nI �i (n m o'. D 31 CID I 3I CI 0,l C) a 7 1 Q C N CD `° I � I I i t I i I , I 1 I S N' 3 77 l<' < D 3 m 3' �'i 0l 31 - a 0 j I CDm, I •, Q c N' Il 3 1 m rr{ - ;�� yr Z r7i r �I C 3' (n �< 3 Cn = �' (n O �; 7, U , 01 O' D < 33 °+ a 1 ! _ CD CDCL C 3 m' CD I I I I I N 0 CD fn N (D Q CD 0 0 7 CD 7 CD a a 0 C 7 (D Q CD KODIAK ISLAND BOROUGH Meeting Type: S W tP`( IY&-h Date: ow Please PRINT your name legibly Please PRINT your name legibly D -7DCV,l ZD�\f U' PUBLIC HEARING FORM Ordinance No. FY-2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To RI - Single Family Residential And P1 - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003). ❑ This is in support of Ordinance No. FY2021-18 This is in opposition of Ordinance No- FY2021-18 ❑ Other comments. Name: PC) Y T S� Residence Address: C( C) Mailing Address:_ f -A-Ic- Comments: Jnoaor; lia. c3 4 lvcj, )6' <"/.c -t—h';-J' �54 U "L'4T4 C) 7- 'I j4 bLJ 4 C �5 Al PUBLIC HEARING FORM 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 PI - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003). ❑ This is in support of Ordinance No. FY2021-18 ® This is in opposition of Ordinance No. FY2021-18 ❑ Other comments. Name. Residence Address: I-Z ((1wti(1Q1 t cJr Mailing Address: I Comments' From: Stephanie Trosvig ❑ trosvlg@idoud.wm B Subject: Zoning letters Date: November 5, 2020 at 5:17 PM To: Kodak Charters I I . ga net PUBLIC HEARING FORM 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 PI - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003). ❑ This is in support of Ordinance No. FY2021-18 This is in opposition of Ordinance No. FY2021-18 ❑ Other comments. Name. Reside Mailing Address: W i3o-Z 103E K«ItGk Ae 9q(pl5 Comments: As ci lanclovvner Iri Larsen &� I am in S+ronct pRPOsii r0n of �h2 'QYcpCSeA ad;nance. On -Aw& t70.rc-ej lies ancient 6vr;a -VW�, lard ShovkA NOT be v%VDAVIt2Ca 6WA CiC: 61c ecA Cn. errs �ry�usci� reeks vbthh bc,A tQ4e0-hCnC "A w(rt.(j Cevve ZF-90 2&Y)CF-�- -ko uvilone to FjcN 1 other -"K :�ar-I'tes Iv\volved are P'A1V1'h V)Cj JV Morn avlc( A `kiln-AFul o1P7�rl)aaers of 4trre�. �h 'ts a very nacccva+e p,C-{tre. I S-hf�gl �, hebere �Ht Lgrreh Bq"I loco is do not I/Vld{YS}GYIG' Nnd SeYen.i-h o+- On -('Ytij InnGt C YYtOYG Q><'�1an0.11 Jy1yleeclS ry }'Je-}L,keh th lV LGniI�eYCt IrUY1 befty ao7 'Aectslovls CGvt be VYv o on `Fvr1 Caje Written comments may be Submitted by email to !0p�kau.us. faxed to 907-4WMl, mailed or hand delivered to the Borough Clerk's Office, 710 ME Bay Road. Room 234, Kodiak, AK MIS. -- - -- --- PUBLIC HEARING FORM Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Sectior 32, Seward Meridian From C - Conservation To R1 - Single Family Residential And PI - Public Use Lanc (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003) ❑ This is in support of Ordinance No. FY2021-18 NJ( This is in opposition of Ordinance No. FY2021-18 ❑ Other Name: (�%� Ji Residence Address:: Mailing Address: I Comments: Written comments may be submitted by email to Uerhs.'ZDkodiakak.us Faxed to 907-486-9391, mailed or hanc delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. PUBLIC HEARING FORM Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, sectior 32, Smvard Meridian From C - Conservation To RI - Single Family Residential And P1 - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003) ❑ This is in support of Ordinance No. FY2021-18 This is in opposition of Ordinance No FY2021-18 ❑ Other comments. Narne:. _Z1 e VjtWl , ff) Residence Address: 1 F4 Y Mailing Address: Comments: Written comments may be submitted by email to _;;ark�0 4-i taxed to 907486-9391, mailed or harx delivered to the Borough Clerk's Office, 710 Mill BayRoad, Room 234, Kodiak, AK 99615. Rl�m_ fiXM wt tX PUBLIC HEARING FORM Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R7 - Single Family Residential And PI - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002) (P&Z Case No. 21-003). ❑ This is in support of Ordinance No_ FY2021-18 This is in opposition of Ordinance No. FY2021-18 ❑ Other comments. Name: / A "' O/ 6��4v Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerksekodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615.� 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. 11 November 6, 2020 At Its Regular Meeting Of November 5, 2020, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, December 3, 2020, At 6:30 P.M. PRESENTED Recognition Certificates Of The 2020 Election Workers, School District, And E/F Staff. PRESENTED Certificates To Outgoing Assembly Members Andrew Schroeder And Rebecca Skinner. ADMINISTERED The Oath Of Office To The Newly Elected Officials, Assembly Member Geoffrey Smith, And Assembly Member Aimee Williams. ADOPTED Resolution No. FY2021-12 Ratifying And Certifying The Results Of The October 6, 2020 Regular Municipal Election. ADOPTED 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. REMANDED TO PLANNING AND ZONING COMMISSION 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). ADOPTED 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. AMENDED, ADOPTED Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2-Two-Family Residential To B-Business. AUTHORIZED The Borough Manager To Execute Contract No. FY2021-12 With Jacobs Engineering For Design And Cost Estimation For The 30% Design Of The Aeration Tank And Lamella Plate Clarifier In An Amount Not To Exceed $30,000. AMENDED, ADOPTED Resolution No. FY2021-20 Approving A State Capital Improvement Priority List. ADVANCED Ordinance No. FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3.630 Motor Vehicle Registration Tax, Section .030 Fee Imposed & Section .040 Annual Fee Imposed On Commercial Plates To Public Hearing At The Next Regular Meeting Of The Assembly On December 3, 2020. REVIEWED AND EXPRESSED Support To The Following Alaska Municipal League Resolution: View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Resolution No. 2021-01 In Support Of A Legislative Process That Recognizes Local Governments As Inherent Partners In The Delivery Of State Objectives. Resolution No. 2021-02 Requesting That The Legislature Review And Make Optional Exemptions That Are More Appropriately Decided At The Local Level. Resolution No. 2021-03 In Support For State Policy And Budget Development That Reflects A Sustainable Draw From The Permanent Fund’s Earnings Reserve. Resolution No. 2021-04 Recommending The Transfer Of PCE Endowment Assets And Distribution Responsibilities Outside The State’s Management And The Legislature’s Appropriating Authority. Resolution No. 2021-05 Encouraging Collaboration That Fosters New Approaches To Public Education, And Sufficient And Consistent Funding. Resolution No. 2021-06 Supporting A Statewide Comprehensive Alaska Health Initiative. Resolution No. 2021-07 Requesting Renewed State Support And Increased Funding For Local Emergency Planning Committees And Preparedness. Resolution No. 2021-08 In Support Of A Balanced Approach To Addressing The State Of Alaska’s Deficit And Continuing Fiscal Challenges. Resolution No. 2021-09 In Support Of Increased Funding For Community And Regional Jails, And A Base Level Of Funding For Village Police Officers. Resolution No. 2021-10 In Appreciation For The State’s Response To COVID-19, The Public Health Emergency And Economic Crisis. APPOINTED Assembly Member Scott Arndt As The Primary Voting Delegate And Assembly Member Kavanaugh As An Alternate Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. CONFIRMED The Appointment Of Ms. Lina Cruz For The Borough Deputy Clerk Position. 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. APPROVED The Release Of The 1st Amendment To The Public Of Solid Waste Contract No. FY2019-25.