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07/01/2004 Regular MeetingKodiak Island Borough July 1, Gabrielle LeDoux Borough Mayor Term Expires 2004 Tom Abell Assemblymember Term Expires 2005 Tuck Bonney Deputy Mayor Assemblymember Term Expires 2005 Pat Branson Assemblymember Term Expires 2004 Robin Heinrichs Assemblymember Term Expires 2004 Cecil Ranney Assemblymember Term Expires 2006 Wayne Stevens Assemblymember Term Expires 2006 Nancy Wells Assemblymember Term Expires 2005 Pat Carlson Borough Manager Judith A. Nielsen, CMC Borough Clerk Assembly Agenda egu ar Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of June 3, 2004. 6. AWARDS AND PRESENTATIONS - None 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 1 1 . MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -30 Kodiak Island Borough Facilities Fuel Oil Delivery. Kodiak Island Borough Assembly Agenda July 1, 2004 Page 1 B. RESOLUTIONS 1. Resolution No. 2004 -20 Authorizing the Records Manager to Dispose of Certain Kodiak Islam. Borough Records. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004- 13Amending Title 7 Elections Chapter 7.40 Canvassing and Certification of Election Returns Section Canvass of Returns. D. OTHER ITEMS 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 2. Resignation of Service Area No. 1 Board Member. 3. Resignation of Womens Bay Road Service Area Board Member. 4. Resignation of Parks and Recreation Committee Member. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of October 15 and November 19, 2003 an February 18, March 17, -and April 21, 2004. 2. Womens Bay Service Area Board Regular Meetings of February 9, March 8, March 22, and April 5, 2004. B. REPORTS 1. Kodiak Island Borough May 2004 Financial Report. 2. Kodiak Island Borough School District Board of Education May 24 and June 14, 2004 Regular Meeting Summaries. 3. Providence Kodiak Island Counseling Center Clinician In- the - Schools Program Report of May 2004. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assemb Chambers. Kodiak Island Borough Assembly Agenda July 1, 2004 Page 2 Kodiak Island Borough July 1, 2004 - 7:30 p.m. Gabrielle LeDoux Borough Mayor Term Expires 2004 Tom Abell Assemblymember Term Expires 2005 Tuck Bonney Deputy Mayor Assemblymember Term Expires 2005 Pat Branson lssemblymember rm Expires 2004 Robin Heinrichs Assemb /ymember Term Expires 2004 Cecil Ranney Assemblymember Term Expires 2006 Wayne Stevens Assemblymember Term Expires 2006 Nancy Wells Assemblymember Term Expires 2005 Pat Carlson Borough Manager Judith A. Nielsen, CMC Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of June 3, 2004. 6. AWARDS AND PRESENTATIONS - None 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -30 Kodiak Island Borough Facilities Fuel Oil Delivery. Kodiak Island Borough Assembly Agenda July 1, 2004 Page 1 B. RESOLUTIONS 1. Resolution No. 2004 -20 Authorizing the Records Manager to Dispose of Certain Kodiak Isla Borough Records. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004- 16Amending Title 7. D. OTHER ITEMS 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 2. Resignation of Service Area No. 1 Board Member. 3. Resignation of Womens Bay Road Service Area Board Member. 4. Resignation of Parks and Recreation Committee Member. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of October 15 and November 19, 2003 February 18, March 17, and April 21, 2004. 2. Womens Bay Service Area Board Regular Meetings of February 9, March 8, March 22, and April 5, 2004. B. REPORTS 1. Kodiak Island Borough May 2004 Financial Report. 2. Kodiak Island Borough School District Board of Education May 24 and June 14, 2004 Regular Meeting Summaries. 3. Providence Kodiak Island Counseling Center Clinician In- the - Schools Program Report of May 2004. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Asserr' ' Chambers. Kodiak Island Borough Assembly Agenda July 1, 2004 Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting June 3, 2004 followed by the Pledge of Allegiance. DRAFT A regular meeting of the Kodiak Island Borough Assembly was held June 3, 2004 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Robin Heinrichs, Cecil Ranney, Wayne Stevens, and Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of May 20, 2004. HEINRICHS moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None. CITIZENS' COMMENTS Scott Smith, Kodiak Council on Alcoholism Director, urged the Assembly to continue supporting the Non - profits. He said the Council would eliminate some services this month due to lack of State funding. In response to Assemblymember Branson, he said Hospital Administrator Don Rush suggested he speak with incoming Mental Health Director Jerome Selby to potentially merge some of their services on the island. Wally Johnson called to ask about the Assembly's philosophy regarding the $2.4 million law suit settlement and the potential expenditure of $125,000 for a new assistant manager. Susan Killary, Kodiak Women's Resource and Crisis Center Board member, urged the Assembly to uphold funding for the non - profits as the services provided would continue to deteriorate without proper funding. Sarah Thayer phoned in opposition to raising taxes and advocated a fair share of budget cuts to include the School District and non - profits. Kodiak Island Borough Assembly Minutes June 3, 2004 Page 1 Jake Jacobson favored the percentage of increase associated with the passage of the two bond propositions but objected to any other increase. Lorna Arndt said Assemblymember Stevens should abstain from voting since he would be relocating. She said she could not get a hold of anybody when calling the Borough and suggested that employees double up on duties instead of adding a new assistant manager position. Joe Black opposed hiring an assistant manager. He said property owners could not afford a tax raise and bear the increase of oil prices. Sharon Lea Adinolfi, Borough employee, phoned to say Borough employees work very hard and asked Ms. Arndt to call the Engineering Department assuring her that someone would respond. Stanley Ness opposed any assessment increase or a mill rate increase. He said the Borough landfill was not in compliance and should be addressed. Mike Sirofchuck phoned and clarified that funding for the trails, trail work, and comprehensive trail surveys came from a federal grant. COMMITTEE REPORTS Dr. Mollie Tevrucht of the U.S. Army Corp of Engineers reported on current remediation activities in Kodiak. They would be available to answer any questions at the Safeway lobby on Friday, June 4, 2004 from 2:00 to 6:00 p.m. PUBLIC HEARING A. Ordinance No. 2004 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2004 and Ending on the Thirtieth Day of June 2005 (2005 Fiscal Year Budget). HEINRICHS moved to adopt Ordinance No. 2004 -10, seconded by BRANSON Manager Carlson said the Ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds and levied tax on real and personal property in the borough and natural resources extracted and removed from the Borough. He noted the changes to the budget. HEINRICHS moved to amend Ordinance No. 2004 -10 by substitution, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Heinrichs, Ranney, Stevens, Wells Mayor Ledoux opened the public hearing. Kodiak Island Borough Assembly Minutes June 3, 2004 Page 2 Betty Walters, School District Superintendent, appreciated Assemblymember Ranney for his commitment in the School District Budget Hearing meetings. She urged the Assembly to wisely appropriate funding to the School District. Meri Holden favored raising taxes to fully fund the School District and the non - profits. Sarah Thayer phoned to say that eliminating the assistant manager cost did not make any difference to her opinions and non - profits and the School District should take the cuts. Frank Peterson Sr. phoned and asked the Assembly to carefully consider the impacts of a tax hike. Mike Milligan asked about the Borough's full assessed valuation. Tom Kelly phoned to say he was glad to see the Kodiak Council on Alcoholism represented. He favored a tax increase to keep valuable services in Kodiak. John Pfeifer phoned and said the mill levy national average was at 15 mills and Kodiak may not be worth living in if services continued to be cut. Mel Stephens asked about the substantial increase in the budget the past fourteen years although the Borough's level of services remained the same. In response Manager Carlson said in 1990, the School District local funding was around $2.5 million and presently it was at $8 million. John Miller phoned and said the Borough should increase awareness about people who file tax exemptions. Bruce Schactler phoned and said the Assembly should think about pursuing the economic development in Kodiak as opposed to raising taxes. WELLS moved to table Ordinance No. 2004 -10, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY After a ten minute recess, the Mayor reconvened the public hearing at 9:49 p.m. HEINRICHS moved to take Ordinance No. 2004 -10 from the table, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Assemblymember Bonney moved to amend Ordinance No. 2004 -10 by deleting the proposed Assistant Manager position and amending the Manager's budget by reducing staff to two, salary to $153,420, benefits to $50,220, and taking the $94,740 provided by this action and increasing Health and Social Services from $30,000 to $207,037; increasing Education, Culture, and Recreation from $30,000 to $115,987; and increasing Economic Development- Contract Services $34,740 to $55,840, seconded by STEVENS Kodiak Island Borough Assembly Minutes June 3, 2004 Page 3 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Stevens, Wells, Abell Assemblymember Bonney asked to vote the rest of the budget as is with the .69 Mill increase with the understanding that up to $300,000 would go to the School District funding. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED: Yes votes: Heinrichs, Ranney, Stevens, Bonney, Branson; No votes: Abell, Wells B. Ordinance No. 2004 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.051 Facilities Fund. ABELL moved to adopt Ordinance No. 2004 -11, seconded by HEINRICHS Mayor LeDoux opened the public hearing; seeing and hearing none, she reconvened the regular meeting. Assemblymember Abell said this ordinance would legalize the access to allow all excess income from the Facilities Fund to be utilized. Assemblymember Heinrichs appreciated Assemblymember Abell's efforts in bringing all options on the table. ROLL CALL VOTE ON MOTION FAILED: No votes: Wells, Bonney, Branson, Stevens; Yes votes: Abell, Ranney C. Ordinance No. 2004 -12 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series A in the Principal Amount of Not to Exceed $9,950,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. WELLS moved to adopt Ordinance No. 2004 -12, seconded by BRANSON Manager Carlson said this ordinance would provide for the bonds to be sold by utilizing the bond bank. Mayor Ledoux opened the public hearing; hearing and seeing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stevens, Wells, Abell, Bonney, Branson, Heinrichs, Ranney BOROUGH MANAGER'S REPORT Manager Carlson said it was good to be back and he thanked the Assembly and Staff for their patience, prayers, and warm thoughts. Kodiak Island Borough Assembly Minutes June 3, 2004 Page 4 MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux was pleased to see the School District funded. She was disappointed to see the mill rate increase. She congratulated Chef Joel Chenet for getting a grant to expand salmon marketing. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. 2004 -16 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. HEINRICHS moved to adopt Resolution No. 2004 -16, seconded by BRANSON Clerk Nielsen said these records met retention requirements and were reviewed by department heads and the Borough attorney. The struck -out items were not destroyed based on the attorney's opinion dated June 1, 2004. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Bonney, Branson, Heinrichs, Ranney, Stevens C. ORDINANCES FOR INTRODUCTION - None. D. OTHER ITEMS - None. CITIZEN COMMENTS Betty Walters, KIBSD Superintendent, thanked the Assembly for their support. In response to Susan Killary, Assemblymember Branson said the non - profit funding would be discussed at a future Assembly work session. Sarah Thayer called to say she was disappointed with the vote on Ordinance No. 2004 -10. Scott Smith called to thank the Assembly for recognizing the critical need for non - profit funding. Mike Milligan appreciated the budget discussions. Meri Holden thanked the Assembly for carefully considering the budget issues. ASSEMBLYMEMBER COMMENTS Assemblymember Ranney appreciated the budget discussions. Kodiak Island Borough Assembly Minutes June 3, 2004 Page 5 Assemblymember Abell said the Assembly came up with the best solution on the budget. Assemblymember Wells thanked all those who testified at the budget public hearing. She gave her kudos to the Planning and Zoning Commission for their work on the Womens Bay Comprehensive Plan. Assemblymember Stevens welcomed Manager Carlson back and thanked Administrative Official Cassidy for filling in. He said the budget discussion was not an easy process and thanked the members of the public for participating. Assemblymember Bonney said salmon season opens on June 5. He thanked the Assembly for doing the right thing on the budget. Assemblymember Heinrichs said the Assembly did its best in bringing some sense and balance to the budget. Assemblymember Branson appreciated all the calls and in response to Sarah Thayer, she said she does not vote on a budget to get reelected. She voted the best she can for the community. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, June 10 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, June 17 at 7:30 p.m. in the assembly chambers. ADJOURNMENT There being no objection, the meeting was adjourned at 10:55 p.m. ATTEST: Gabrielle LeDoux, Mayor Judith A. Nielsen, CMC, Clerk Approved: Kodiak Island Borough Assembly Minutes June 3, 2004 Page 6 Meeting of: July 1, 2003 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.1 Contract No. 2uu4-iu Kodiak Island Borough Facilities Fuel Oil Delivery This contract will supply and deliver #1 and #2 heating oil to KIB facilities. KIB facilities include the Baler Building, Borough Admin Building, Chiniak Tsunami Shelter, KFRC laboratory and dorm, fire stations, and other KIB rental facilities such as the two cottage buildings and the annex building. The benefit of the bid process is that we combine the quantity of heating fuel needed for KIB facilities with the quantities of fuel needed by the school district and the hospital for a bulk purchase. Each entity is responsible for paying the fuel bill for their respective facility, but we all receive a price break for the large quantity. This is important for an item that is a commodity and market value for the item can fluctuate. KIB consumes approximately 110,000 gallons of fuel for its facilities /year. Schools consume 268,700 gallons /year and the hospital consumes 120,300 gallons /year. Two written bids were received and copies are attached for your review. The contract makes allowances for price increase and decreases to reflect the change in price. VENDOR #1 #2 Chiniak 1. Petro Star Inc. $1.4663 1.4663 1.4663 2. Petro Marine $1.51 1.51 1.575 FISCAL NOTES: Estimate 110,000 gallons X 1.4663 = $161,293 APPROVAL FOR AGENDA: - / P),b ez,Shcpr--- Recommended motion: Move to award Contract No. 2004 -30 to Petro Star, Inc. F1' 2004105 I.:IBSD KIB FUEL BID Contact Name: Contact Phone Number: Contact FAX Number: Mailing Address: E -mail address: NitiffIMPANAMMIINW..Mgdn1111■./.1MIZ- WWI /e. M);ia. / T le Vendor Information A i Tahoe" 1- rn— 3.7D .c A21. #4ox /44 i /arka 9 9GAs Of' iPt I ✓is Location (Street address): 7/S /;,E4/ SJ. le d/ k ,4 /4-efkA q'9GAr S LY' i6c e /.°V t r . co.., DELIVERED PRICE PER GALLON J / .# 1-Town sites /. '/6G # 2- Town sites /, yL 3 # 1- Chiniak The above prices will be increased or decreased on the 1st day of each month in accordance with the change in the Monthly OPIS Ave. f.. -attle High Sulfur Diesel Fuel #2 for the previous month and e new pri will be in effect for the entire month. Business Name: Contact Name: Contact Phone Number: Contact FAX Number: Mailing Address: Location (Street address): 104 Marine Way • E -mail address: Signature • # 1 -Town sites 1.51 i-Acte/a/ Plant Manager Title 5126/04 Date FY 2004/05 KIBSD /KIB FUEL BID Alexis Hales (907) 486 -3421 .(907) 486 -6833 P.O. Box 1337 Vendor Information Petro Marine Service Kodiak, Alaska 99615 DELIVERED PRICE PER GALLON # 2- Town sites 1.51 # l- Chiniak 1.575 Memo to: School Board Members Through: Betty Walters, Superintendent From: Gregg Hacker, Operations Supervisor Date: May 26, 2004 Subject: FY 05 Fuel Bid Award On April 21, 2004, the Maintenance and Operations Department sent out three invitations to bid for the Supply and Delivery of Heating Fuel for the road system schools. Only two vendors responded. A legal notice was printed in the Kodiak Daily Mirror and the Anchorage Daily News on April 23, 26 and 28 2004. The bids were publicly opened at the Central Office conference room at 1:00 p.m. on May 26, 2004. The terms and conditions of the bid are attached. Please note that the price per gallon is in direct proportion to the suppliers fuel cost and may fluctuate throughout the contract period. Weather conditions and building occupancy will determine actual consumption; thus, the total dollar amount is an estimate of the FY 05 fuel cost not the actual dollar value of the contract. I recommend that Petro Star, Inc. be awarded the fuel supply and delivery bid for FY 05 with a baseline price of $ 1.4663 per gallon for # 1 and # 2 heating fuel. The estimated total bid award is for $398,393. Aux Building (610 Egan) #1 1,200 Baler Facility #1 4,000 Baler Facility #2 13,300 Bayside Fire Dept #1 5,000 Borough Building #2 15,500 Cottage (720 Egan) #1 1,200 Chiniak Tsunami Shelter #1 500 Kodiak Fisheries Research Center #2 55,000 Kodiak Fisheries Apartments #2 12,000 Women's Bay Fire Dept #1 2,400 KIB Estimated gallons 110,100 Business Department #2 8,500 East Elementary School #2 25,000 Kodiak High School #2 155,000 Kodiak Middle School #2 26,000 Main Elementary School #2 15,000 North Star Elementary School #2 21,000 Peterson Elementary School #2 17,000 Rural Schools (722 Egan) #1 1,200 KIBSD Estimated gallons 268,700 Providence Kodiak #2 120,000 Providence Kodiak #1 300 Providence Estimated gallons 120,300 Please note that the following estimated annual quantities are for bid information only and are not to be interpreted as guaranteed deliverable quantities. Weather conditions and building occupancy will determine actual consumption. KIBSD Facilities KIB Facilities Providence Kodiak Facilities • • Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.1 Resolution No. 2004 -20 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE RECORDS MANAGER TO DISPOSE OF CERTAIN KODIAK ISLAND BOROUGH RECORDS The records manager has reviewed the records stored in the records center and has compiled a list of those records that have met the minimum retention requirements. The Department Heads have reviewed the list and authorized the destruction of the listed records. Per KIBC 2.16.200 Any records to be destroyed shall be certified by the clerk and attorney as having no legal or administrative value or historical interest. The Borough attorney has determined that the records that have a strike -out in the resolution should not be destroyed. Fiscal Notes: Expenditure amount: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. 2004 -20. KODIAK ISLAND BOROUGH RESOLUTION NO. 2004 -20 Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Records Manager Introduced: 07/01/2004 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE RECORDS MANAGER TO DISPOSE OF CERTAIN KODIAK ISLAND BOROUGH RECORDS WHEREAS, the department directors have reviewed and authorized the destruction of the specific records attached to this resolution; and WHEREAS, Kodiak Island Borough Code 2.16.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest; and WHEREAS, Resolution No. 95 -01 and amendments provides the minimum retention requirements for specific records; and WHEREAS, Kodiak . Island Borough Code 2.16.200 provides for the destruction of records which have been optical disc imaged; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The attached lists of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. Section 2: These records may be destroyed as provided by Kodiak Island Borough Code 2.16.200.B. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2004 Judith Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Resolution No. 2004 -20 Page 1 of 5 ADMINISTRATIVE SUBJECT FILES BC -06 ASSEMBLY MEETING TAPES SUBJECT FILES, FY 1998 AND 1999 AUDIO TAPES, 1998, 1999 E -5 -04 102B- ONSITE BC -17 BC -23 BC -28 BC -29 DEPARTMENT HEAD APPROVAL: GD-06 GB-06 GD-06 ELECTION ADMINISTRATION BALLOTS ELECTION RECORDS ABSENTEE VOTING COASTAL ZONE MANAGEMENT PLAN COASTAL ZONE MANAGEMENT PLAN COASTAL ZONE MANAGEMENT PLAN CD-06 COASTAL ZONE MANAGEMENT PLAN GD-06 COASTAL ZONE MANAGEMENT PLAN DEPARTMENT HEAD APPROVAL: Kodiak Island Borough, Alaska MISCELANEOUS ELECTION RECORDS MISSION LAKE TIDEGATE, MAY 13, 2002 REGULAR ELECTION, OCTOBER 2, 2001 MISSION LAKE TIDEGATE, MAY 13, 2002 REGULAR ELECTION, OCTOBER 2, 2001 VOTED BALLOTS - SIX BOXES MISSION LAKE TIDEGATE, MAY 13, 2002 REGULAR ELECTION, OCTOBER 2, 2001 MUNICIPAL ELECTION RECORDS, TALLY BOOKS, & SIGNED PRECINCT REGISTERS MISSION LAKE TIDEGATE, MAY 13, 2002 REGULAR ELECTION, OCTOBER 2, 2001 MISSION LAKE TIDEGATE, MAY 13, 2002 REGULAR ELECTION, OCTOBER 2, 2001 1986 1992 1986 1992 1986 1992 1986 1992 1986 1992 1991 E -3 -02 E-2-10 E 5 11 CD 11 CD 11 JUNK REMOVAL FILES JUNK REMOVAL FILES 1991 tE 5 13 E 6 15 E-7 10 E 3 13 Resolution No. 2004 -20 Page 2 of 5 DC -04 DC -03 FINANCIAL REPORTING DC -07 GRANT ADMINISTRATION FILES STATISTICAL CHILD CARE PROVIDER REPORTS ATTENDANCE AND VILLING REPORTS OF J-5-01C J-5-01B J-5-01D H-4 -13 CHILD CARE PROVIDERS, 1997 1997 DC-01 PARENT FILES DC -01 IPARENT FILES DC -08 PROVIDER FILES DEPARTMENT HEAD APPROVAL: FI -11 UTILITY MONTHLY REPORTS ACCOUNTS PAYABLE ACCOUNTS PAYABLE ACCOUNTS PAYABLE ACCOUNTS PAYABLE Kodiak Island Borough, Alaska CONFIDENTIAL, 1996 AND 1997 ICONFIDENTIAL, 1996 -1997 1996, 1997 H -3 -13 IJ -7 -02 FI -07 FI -07 FI -07 FI -07 FI -09 FI -09 FI -09 FI -11 FI -13 FI -13 FI -13 FI -13 J;CO: FI -06 JOURNAL VOUCHERS - ACCOUNTING REPORTS PROPERTY TAX ACCOUNTING PROPERTY TAX ACCOUNTING PROPERTY TAX ACCOUNTING PROPERTY TAX ACCOUNTING PROPERTY TAX - CPO REPORTS PROPERTY TAX - CPO REPORTS PROPERTY TAX - CPO REPORTS UTILITY MONTHLY REPORTS FY 1997 MFl PROPERTYDETAIL TAX ROLL LIST, ALPHA PROP. TAX LIST, SORT BY TAX # PERS PROP TAX ROLL, ZIP ORDER VESSELS TAX LIST, ZIP ORDER, 1996 -1997 PROPERTY TAX - PAYMENTS AND ADJUSTMENTS JULY- DECEMBER 1996 B -2 -08 B -7 -06 PROPERTY TAX CALCULATIONS OF INTEREST AND UPDATE, JANUARY - JUNE 1997 PROPERTY TAX CALCULATIONS OF INTEREST AND UPDATE, AUGUST 1996 -JUNE 1997 TAX BILLS, FY 1994 TAX ROLLS, FY 1994 TAX BILLING CALCULATION, FY 1994 B -2 -10 B -1 -12 B -6 -10 A -4 -07 B -5 -12 B -6 -07 B -1 -11 JULY- DECEMBER 1996 NGE DEPAR JANUARY - JUNE, 1997 INVOICES, CHECKS ISSUED AND REQUESTS FOR PAYMENT, A, FY 1997 INVOICES, CHECKS ISSUED AND REQUESTS FOR PAYMENT, B -3, FY 1997 INVOICES, CHECKS ISSUED AND REQUESTS FOR PAYMENT, E -J, FY 1997 INVOICES, CHECKS ISSUED AND REQUESTS FOR PAYMENT, K -L, FY 1997 A -3 -09 A -5 -11 A -5 -13 A -4 -11 B -7 -07 Resolution No. 2004 -20 Page 3 of 5 FI -13 t.ECO1 D SER*Th ACCOUNTS PAYABLE ACCOUNTS PAYABLE FI -13 ACCOUNTS PAYABLE FI -14 ACCOUNTS RECEIVABLE CASH RECEIPTS INNVOICES, CHECKS ISSUED AND REQUESTS 'FOR PAYMENT, M -R, FY 1997 INVOICES, CHECKS ISSUED AND REQUESTS FOR PAYMENT, S -Z, FY 1997 'INVOICES, FY 1997 ;JULY- DECEMBER 1996 A -4 -14 A -6 -06 B -304A JANUARY - JUNE, 1997 B -5 -08 B -6 -06 B -1 -10 B -1 -08 B -1 -13 FI -13 FI -15 ACCOUNTS RECEIVABLE FI -15 FI -15 FI -15 FI -15 FI -15 FI -15 FI -15 FI -21 FI -33 FI -33 FI -33 FI -33 FI -34 FI -36 ACCOUNTS RECEIVABLE - DAILY RECORDS OF CASH RECEIVED ACCOUNTS RECEIVABLE - DAILY RECORDS OF CASH RECEIVED ACCOUNTS RECEIVABLE - DAILY RECORDS OF CASH RECEIVED ACCOUNTS RECEIVABLE - DAILY RECORDS OF CASH RECEIVED ACCOUNTS RECEIVABLE - 'BILLS, FY 1997 DAILY RECORDS OF CASH RECEIVED CANCELLED CHECKS IFY 1997 BALER MONTHLY ACCOUNTING REPORTS BALER MONTHLY ACCOUNTING REPORTS BALER MONTHLY ACCOUNTING REPORTS BALER MONTHLY ACCOUNTING REPORTS SANITATION MONTHLY ACCOUNTING REPORTS FUND INVESTMENT RECORDS FI -39 SEVERANCE TAX REPORTS 11996 DEPARTMENT HEAD APPROVAL: Kodiak Island Borough, Alaska ICASH RECEIPTS - DAILY ENVELOPES 'JULY 1996 'AUGUST - DECEMBER 1996 'OCTOBER 1996 'CASH RECEIPTS, 1996 ICASH RECEIPTS/DAILY ENVELOPES JANUARY - FEBRUARY 1997 ACCOUNTS RECEIVABLE - ICASH RECEIPTS/DAILY ENVELOPES t DAILY RECORDS OF CASH 'MARCH - APRIL 1997 RECEIVED ACCOUNTS RECEIVABLE - (CASH RECEIPTS /DAILY ENVELOPES DAILY RECORDS OF CASH MAY - JUNE 1997 RECEIVED FI -19 BANK RECONCILIATION IACCOUNT RECONCILIATION, VISA/MC STATEMENTS ISTATEMENTS, MISC. BANKING FILES, FY 1997 ICASH RECEIPTS 'JANUARY 1995- DECEMBER 1996 'MUNICIPAL BILLING BOOKS 'JUNE - DECEMBER 1996 ;BALER INVOICES 'JULY 1996 - JUNE 1997 JANUARY - JUNE 1997 JUNE 1996 - FEBRUARY 1997 (INVESTMENT FILES, FY 1997 B -3 -09 B -1 -09 A -3 -0I B -3 -04B A -4 -06 B -6 -01 A -7 -05 A -6 -12 A -7 -12 A -3 -10 A -1 -15 B -1 -01C B -1 -06C Resolution No. 2004 -20 Page 4 of 5 ,. �. • • - _ / • _ • OM 01 MAYOR'S ADMINISTRATIVE FILES LITIGATION CASE FILES FILE, ALASKA MUNICIPAL LEAGUE, 1992 1991 NATIONAL ASSOCIATION OF COUNTIEtiS, 1992 1991 CLOSED LITIGATION FILES, 1989 1991 MAYOR'S LEAGUE) 1991 1993 OM 01 MAYOR'S ADMINISTRATIVE FISHERIES MANAGEMENT ISSUES, 1989 1993 FILES I 3 02 OFFICE/I 2 10 MANAGER'S OFFICE /I 3 01 OM-04 OM-04 OM-04 OM 19 PE -02 LITIGATION CASE FILES DONALD ARNDT, 1992; RICK BUNDY, 1992; NANCY MAGNUSON, 1992 LEGAL CORRESPONDENCE LITIGATION CASE FILES e .' . FILES EMPLOYMENT APPLICATIONS DEPARTMENT HEAD APPROVAL: VARIOUS COURT CASES, 1982 1992 KIB VS. CORY BAKER, FY 1992 FY 1990, 1995, AND 1996 APPLICANTS NOT SELECTED FOR BOROUGH (EMPLOYMENTS, JANUARY 2000 — MAY 2002 These records totaling cu. ft. were destroyed on MANAGER'S OFFICE /0 11 C MANAGER' S OFFICE/I 7 05 MANAGER' OFFICE /0 11 C MANAGER'S OFFICE /0 11 C MANAGER' S OFFICE /0 -11 -C Kodiak Island Borough, Alaska Resolution No. 2004 -20 Page 5 of 5 Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.1 Ordinance No. 2004 -13 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 7 ELECTIONS CHAPTER 7.40 CANVASSING AND CERTIFICATION OF ELECTION RETURNS SECTION 7.40.040 CANVASS OF RETURNS The Alaska State Legislature amended Alaska Statutes 15.20.207 regarding ballot review and this ordinance will amend the Kodiak Island Borough code to reflect that change. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. 2004 -13 in first reading to advance to public hearing on July 15, 2004. KODIAK ISLAND BOROUGH ORDINANCE NO. 2004-13 Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 07/01/2004 Public Hearing: Adopted: s Iv OR71IN a NCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 7 ELECTIONS CHAPTER 7.40 CANVASSING AND CERTIFICATION OF ELECTION RETURNS SECTION 7.40.040 CANVASS OF RETURNS WHEREAS, the Alaska State Legislature amended Alaska Statutes 15.20.207 regarding ballot review; and WHEREAS, the amendment deleted a section requiring that a questioned ballot may not be counted if an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate; and WHEREAS, the Borough Code is amended to reflect language to allow the ballots to be counted; and WHEREAS, the Borough Code is amended to include special needs ballots in the Canvass of returns; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 7, Chapter 7.40, Section 7.40.010 is hereby amended as follows: 7.40.010 Canvass of returns. A. Before each election, the assembly shall appoint at least three (3) qualified voters, who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the constitution of the state in the manner prescribed by the clerk. B. On the day following each election, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three (3) such postponements. In full view of those present, the election canvass board shall judge the applicability of absentee, and questioned, and special needs ballots, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the assembly as having been corrected. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may recommend to the governing body that a recount of that precinct's results be made for that portion of the returns in question. Kodiak Island Borough, Alaska Ordinance No. 2004 -13 Page 1 of 2 C. Absentee, Qquestioned, and aa sG11tce special needs ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, if lllc witii ss Ul t11G Uff1l G1 ul utli a pc15u11 autllu11GGll Uy law tU a • • • • • i , or if the voter fails to enclose his marked ballot inside the small envelope provided. The clerk or a member of the election canvass board may question the qualifications of an absentee voter when read from the voter's certificate on the back of the large envelope, if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to accept the question and count the ballot. If the ballot is refused, the Judith A. Nielsen, CMC, Borough Clerk clerk shall return a copy of the statement of the question to the voter, and shall enclose all rejected ballots in a separate envelope with statements of question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the assembly with the election certificates and other returns. If the ballot is not refused, the large envelope shall be opened, the smaller inner envelope shall be placed in a container and mixed with other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned ballot envelopes. The mixed smaller blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots. D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the results of votes cast by absentee, questioned, and ballots of votes cast by regular ballot, and shall prepare and submit a written report of said results to the assembly. E. If election materials have not been received from a precinct prior to completion of the canvass, but election results have been transmitted by telephone, telegram, or radio, the canvassing board shall count the election results received. If the clerk has reason to believe that a missing precinct certificate, if received, would affect the result of the election, the clerk shall await the receipt of the certificate until 4:00 p.m. in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk by 4:00 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification of the canvassing board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF JULY 2004 KODIAK ISLAND BOROUGH ATTEST: Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. 2004 -13 Page 2 of 2 Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.1 Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. The claimant's initial application for a senior exemption in 1999 was denied because he did not provide a copy of his ground lease to document control of the land on which his remote dwelling is located. He has now produced a copy of the ground lease which dates to 1998 and his exemption has been approved subject to Assembly approval. AS 29.45.030(f) allows the Assembly to waive the claimant's failure to make timely application for the intervening years based on his misunderstanding of this requirement. Fiscal Notes: Expenditure amount: $2,659.38 Account #: 100 - 000 -311 -100 APPROVAL FOR AGENDA: 84 C1Oj\P Recommended motion: Move to waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed. 721 MUNICIPAL TAXATION § 29.45.030 determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 — 44.62.570. (fl To be eligible for an exemption under (e) of this section for a year, a municipality may by ordinance require that an individual also meet requirements under one of the following paragraphs: (1) the individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that same year or for the immediately preceding year; or (2) if the individual has not applied or does not apply for one or both of the permanent fund • - • • • • . •• • • • e :. - • ivi dividends identified in (1) of this subsection had the individual applied. An exemption may not be granted under (e) of this section except upon written application for the exemption. Each municipality shall, by ordinance, establish procedures and deadlines for filing the application. The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed. If an application is filed within the, required time and is approved by the assessor, the assessor shall allow an exemption in accordance with the provisions of (e) of this section. If the application for exemption is approved after taxes have been paid, the amount of tax that the claimant has already paid for the property exempted shall be refunded to the claimant. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an exemption claimed under (e) of this section, and shall require a disabled veteran claiming an exemption under (e) of this section to provide evidence of the disability rating. The assessor may require proof under this subsection at any time. (g) The state shall reimburse a borough or city, as appropriate, for the real property tax revenues lost to it by the operation of (e) of this section. However, reimbursement may be made to a municipality for revenue lost to it only to the extent that the loss exceeds an exemption that was granted by the municipality, or that on proper application by an individual would have been granted under AS 29.45.050(a). If appropriations are not sufficient to fully fund reimbursements under this subsection, the amount available shall be distributed pro rata among eligible municipalities. (h) Except as provided in (g) of this section, nothing in (e) — (j) of this section affects similar exemptions from property taxes granted by a municipality on September 10, 1972, or prevents a municipality from granting similar exemptions by ordinance as provided in AS 29.45.050. (i) In (e) — (i) of this section, (1) "disabled veteran" means a disabled person (A) separated from the military service of the United States under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 percent or more by the branch of service in which that person served or by the United States Department of Veterans Affairs; or (B) who served in the Alaska Territorial Guard, who is a resident of the state, whose disability was incurred or aggravated in the line of duty while serving in the Alaska Territorial Guard, and whose disability has been rated as 50 percent or more; (2) "real property" includes but is not limited to mobile homes, whether classified as real or personal property for municipal tax purposes. (j) One motor vehicle per household owned by a resident 65 years of age or older on January 1 of the assessment year is exempt either from taxation on its assessed value or from the registration tax under AS 28.10.431. An exemption may be granted under this subsection only upon written application on a form prescribed by the Department of Administration. (k) The department shall adopt regulations to implement the provisions of (g) and (j) of this section. Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.2 Resignation of Service Area No. 1 Board Member Kaye R. McClain has submitted her resignation from the Service Area No. 1 Board effective June 25, 2004. Fiscal Notes: Expenditure amount: Account #: APPROVAL FOR AGENDA: Recommended motion: Move to accept, with regret, the resignation of Kaye R. McClain from the Service Area No. 1 Board and direct the Borough clerk to advertise the vacancy per Borough Code. Scott Arndt 3584 Sharatin Road P.O. Box 76 Kodiak, AK 99615 Robert Casey 3214 Katmai Drive Kodiak AK 99615 Charles Lorenson 4055 Briggs Court P.O. Box 3527 Kodiak, AK 99615 Greg Spalinger 4149 Ocean Drive P.O. Box 2635 Kodiak, AK 99615 Peggy Tuttle 390 Plover P.O. Box 226 Kodiak AK 99615 Sharon Lea Weinand (Administrative Support) Revised: 10/20/2003 BOARDS /ROSTERS /SA#1 Kodiak Island Borough SERVICE AREA NO. 1 BOARD Term Home Work Expires Phone Phone Kevin Arndt, Chair 2005 486 -3755 486 -9755 3543 Harlequin Court 486 -0508 (pager) 486- 5573(fax) P.O. Box 2338 kevin.arndtmailcity.com (email) Kodiak, AK 99615 2004 481 -3745 486 -3745 486 -4444 (fax) 486 -0110 (voice pager) 2006 486 -2349 486 -8080 rlcaseyCa, gci.net 2006 486 -5144 486 -5975 Kaye McClain 2005 486 -2554 2679 Turner Lane kmcclain& gci.net Kodiak, AK 99615 2004 486 -8366 486 -3725 darshaaptialaska. net 2005 486 -8311 486 -8311 chrispegCa. ptialaska. net 486 -9343 486 -9394 Fax TO: KODIAK ISLAND BOROUGH ASSEMBLY SERVICE DISTRICT #1 ADVISORY BOARD FROM: KAYE MCCLAIN DAZ'E: MAY 24, 2004 MEMO MESSAGE: I HAVE ENJOYED THE CHALLENGES OF SERVING ON THE SERVICE DISTRICT BOARD, BUT FIND IT NECESSARY TO RESIGN EFFECTIVE JUNE 25, 2004. FAMILY INTERESTS REQUIRE THAT WE LEAVE THE AREA. PLEASE TAKE THIS OPPORTUNITY TO ADVERTISE THE VACANCY AND I WISH THE SUCCESSFUL CANDIDA'T'E MUCH SUCCESS. ill ECEIVE MAY 2 6 20O4 D BOROUGH CLERK'S OFFICE Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.3 Resignation of Womens Bay Road Service Area Board Member Kevin W. Riddle has submitted his resignation from the Womens Bay Road Service Area Board effective July 25, 2004. Fiscal Notes: Expenditure amount: Account #: APPROVAL FOR AGENDA: Recommended motion: Move to accept, with regret, the resignation of Kevin W. Riddle from the Womens Bay Road Service Area Board effective July 25, 2004 and direct the Borough clerk to advertise the vacancy per Borough Code. Chris Lynch, Chair 11175 Lake Orbin Drive Kodiak, AK 99615 Edward Gondek 13006 Noch P.O. Box 1412 Kodiak, AK 99615 Kevin Riddle 10980 Bells Flats Road Kodiak, AK 99615 Russell Toms 11555 Middle Bay Drive Kodiak, AK 99615 Thomas Demi 10928 Bells Flats Road Kodiak, AK 99615 Revised 10/20/2003 BOARDS /ROSTERS /WOMENS BAY Kodiak Island Borough WOMENS BAY SERVICE AREA BOARD Term Expires 2006 2006 Home Phone Work Phone 487 -2244 David G. Conrad 2004 487 -2782 487 -4991 x 126 101 Otter Avenue dconrad @kodiak.alutiiq.com 487 -4951 (fax) P.O. Box 3663 481 -6046 (portable) Kodiak, AK 99615 487 -2507 487- 2596(fax) 2005 487 -2921 487 -5662 Spencer Schaeffer 2005 487 -2765 841 Sargent Creek Road P. O. Box 2133 Kodiak, AK 99615 2004 487 -9725 487 -5808 2005 487 -2988 487 -5808 Womens Bay Fire Chief 487 -2589 487 -4312 Dale Rice (ex- officio) (non- voting) Womens Bay Fire Hall 487 -4312 538 Sargent Creek Road Kodiak, AK 99615 10 June 2004 Kodiak Island Borough Office of Rnrnugh Clerk 710 Mill Bay Road Kodiak, AK 99615 To Whom it May Concern, Please accept my letter of resignation from the Women's Bay Road Service Board. This resignation is due to my transfer from Kodiak with the U.S. Coast Guard. I'm currently scheduled to depart Kodiak on July 25` 2004 and my last attendance with the Women's Bay Road Service Board will be July's monthly meeting. Kevin W. Riddle i JUN - 9X04 ig BOROUGH CLERK'S OFFICE Regular Meeting of July 1, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.4 Resignation of Parks and Recreation Committee Member D. Scott Bauby has submitted his resignation from the Parks and Recreation Committee effective August 1, 2004. Fiscal Notes: Expenditure amount: Account #: APPROVAL FOR AGENDA: Recommended motion: Move to accept, with regret, the resignation of D. Scott Bauby from the Parks and Recreation Committee effective August 1, 2004 and direct the Borough clerk to advertise the vacancy per Borough Code. Scott Bauby 1200 Sargent Creek Road Kodiak, AK 99615 Pam Foreman 1637 Three Sisters Way Kodiak, AK 99615 Murphy Forner PO Box 3924 Kodiak, AK 99615 Jeff Huntley 1015 Pine Cresent Kodiak, AK 99615 Nicola Lesourd 406A Fairway Island Street Kodiak, AK 99615 Michael E. O'Neal P.O. Box 3926 Kodiak, AK 99615 Patrick Saltonstall P.O. Box 3553 Kodiak, AK 99615 Ian Fulp (City Parks & Rec, non - voting) 410 Cedar St Kodiak, AK 99615 Vacant ( School Bd & Student Rep, non - voting) Revised 1/12/2004 CL \BOARDS \ROSTERS \PARKS Kodiak Island Borough PARKS AND RECREATION COMMITTEE Term Expires 2005 Mike Sirofchuck 2005 486 -6498 486 -9147 PO Box 970 Kodiak, AK 99615 Hans Tschersich 2006 486 -5648 486 -9521 1423 Baranof Street Kodiak, AK 99615 Wayne Biessel (State Rep, non - voting) 486 -6339 SR 3800 Kodiak, AK 99615 Michelle Stearns, Community Development (Staff Rep, non - voting) Home Work Phone Phone 487 -2920 487 -5344 487 -5511 - Fax 2004 486 -2588 486 -4782 2004 486 -3396 487 -4363 2006 486 -4013 486 -7620 2004 487 -2793 487 -5156 2004 486 -3627 487 -2266 2006 486 -2634 486 -7004 486 -9363 486 -9396 - Fax 486 -8670 Kodiak Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Mayor LeDoux, D. Scott Bauby 1200 Sargent Creek Road Kodiak, Alaska 99615 (907) 487 -2920 bauby @ak.net 15 June 2004 I am writing to submit my resignation from the Borough Parks and Recreation Committee. I have thoroughly enjoyed participating in the committee, making progress toward a comprehensive trails plan, and learning about municipal government processes. Unfortunately, my duties in USCGC SPAR have prevented me from attending our committee meetings on a consistent basis. Please accept my resignation as of 1 August 2004. I hope to attend the meetings in July to assist the committee in every way. Sincerely, 4 1140.1( D. Scott Bauby � r�c�EodE JUN 2 1 qua BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on October 15, 2003 in the Borough Assembly Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING OCTOBER 15, 2 MINUTES Commissioners Present Gary Carver Jerrol Friend Cheryl Boehland Dennis McMurry Reed Oswalt A quorum was established. Commissioners not present Jake Ketscher COMMISSIONER CARVER MOVED TO EXCUSE Commissioner Jake Ketscher. The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING Others Present Michelle R. Stearns, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. S E C E O U E N MAY 2 - 8 sio4 BOROUGH CLERK'S OFFICE COMMISSIONER OSWALT MOVED TO APPROVE the minutes of September 17, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. P & Z Minutes: October 15, 2003 Page 1 of 8 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS • Casey Janz, Womens Bay Resident: Spoke regarding the Womens Bay Comprehensive • Plan Update. VII. PUBLIC HEARINGS A) Case 03 -019. Request for several variances in accordance with KIB Code 17.66, relating to parking requirements, curb cut distances, and setbacks as described on the plat dated 8/1/03 accompanying the application, describing proposed redevelopment of Tract B, U.S. Survey 2538B. STAFF reported one hundred twenty -eight (128) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff recommended the Commission grant several variances. COMMISSIONER OSWALT MOVED TO grant the following variances, in accordance with KIBC 17.66.050, and to adopt the findings contained in the staff report dated October 8, 2003 as "findings -of- fact" for this case: 1. A variance from KIBC 17.57.050 to permit off - street parking spaces, as noted on the revised site plan dated October 7, 2003, to encroach into the adjoining Hillside Drive and Pillar Mt. Road right -of -way, subject to written approval from the City of Kodiak. 2. A variance from KIBC 17.57.080.F.1 to permit driveway widths, as noted on the revised site plan dated October 7, 2003, that are in excess of 32 feet where indicated. 3. A variance from KIBC 17.57.080.F.2 to permit driveway separation distances, as noted on the revised site plan dated October 7, 2003, that are in closer than 35 feet where indicated. 4. A variance from KIBC 17.57.080.G to permit parking spaces, as noted on the revised site plan dated October 7, 2003, that do not provide all necessary maneuvering areas on -site without utilizing the adjoining right - of -way. 5. A temporary variance, for 24 months, from KIBC 17.57.050, to permit the utilization of off - street parking spaces along proposed Pillar Mt. Road that will be located in the C- Conservation zoning district until such time as the split lot zoning issue is resolved. (It is further recommended that the Commission initiate such a rezone by motion in accordance with KIBC 17.72.030.B, in addition to addressing the issue through this temporary variance.) P & Z Minutes: October 15, 2003 Page 2 of 8 r 6. A variance from KIBC 17.57.040.A (Number of Parking Spaces Required) to permit 20 off - street parking spaces on proposed Tract B -1 to serve 11 dwelling units where 22 spaces would normally be required. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case the exceptional physical circumstance on the parcel is topography, which was primarily responsible for the original development pattern on the site. With the proposed redevelopment plan, the landowner wishes to preserve the overall development pattern, which has existed on the site for the past 30 years. Tract B, U.S. Survey 2538 is slope affected to varying degrees with slopes reported by the petitioner to range from 15 to 30 percent generally, and with extreme slopes up to 60 percent in some locations on the upper portion (proposed Tract B -1). 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would require a complete redesign of the project in order to relocate all of the multi - family dwelling structures in order to incorporate the parking and vehicle maneuvering areas to the interior of the sites. This would cause a great deal of disturbance to the steep slope areas and would increase the costs of project engineering to an unreasonable level. The variance issues referenced here are longstanding nonconformities that have existed on the site for many years without creating any reported problems. Because of the extent to which the site is being redeveloped, the nonconforming rights are being extinguished and the petitioner has the choice of conforming to the strict requirements of the code and extensively modifying the site as discussed above, or they may request the variances as referenced here in order to preserve the land development pattern that has worked on this site for nearly 30 years. Through the platting process the petitioner has managed to relocate structures in such a manner that only parking variance issues remain to be resolved. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. P & Z Minutes: October 15, 2003 Page 3 of 8 Granting of these variances will not result in material damage or prejudice to other properties in the area. The proposed development and parking pattern is similar to the present development pattern that has been located on the site for nearly 30 years. The parking orientation has not resulted in any reported zoning enforcement issues during that time. In addition, being located at the edge of the Aleutian Homes Subdivision and at the base of Pillar Mt. Road, the area does not get a lot of through vehicle traffic which the parking pattern proposed here might normally interfere with if it were located elsewhere in the community. The City of Kodiak will be required to approve the location of the parking ramp encroachments in order to comply with KIBC 17.40. If the City of Kodiak Public Works Department does not perceive a problem with this parking design, then the Commission may rely upon this as a substantial indication that the public's health, safety and general welfare will not be significantly impacted. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variances will not be contrary to the objectives of the comprehensive plan, which identifies this area for High Density Residential Development. The proposed development layout appears to be a "cluster" design which groups the structural development and vehicle access points in order to preserve the natural features of the land and in this case avoid steep slope affected areas to the extent possible, thereby avoiding areas that may be prone to landslide or erosion. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The petitioner has begun demolition of about half the units located within the development area. They will not begin the reconstruction of new units until all applicable permits have been obtained, which in this case involves this request for variance and a related request for subdivision approval. By vigorously pursuing these avenues of relief, and modifying the plans to move toward conformity, the petitioner hopes to move the new development towards conformity with Borough zoning codes to the greatest extent that is feasible and prudent before new construction will be allowed to begin. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Multi - family residential dwelling units and related improvements are allowed in the R3- Multi - family Residential zoning district. The motion was SECONDED by COMMISSIONER BOEHLAND. P & Z Minutes: October 15, 2003 Page 4 of 8 Regular session closed. Public hearing opened: David Gonzales, Project Leader: Thanked the Commission for their work on this case. Hearing and seeing none. Public hearing closed. Regular session opened: Regular session closed. t o' Public hearing opened: The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER BOEHLAND MOVED TO initiate a rezone investigation, in accordance with KIBC 17.72.030.B, to consider a rezone to R -3 Multi- family Residential for portions of proposed Tract B -2, U.S. Survey 2538B which are currently zoned C- Conservation and which will create a split lot zoning condition when the preliminary plat previously approved by the Commission is brought forward for final approval. COMMISSIONER MCMURRY SECONDED the motion. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. B) Case 03 -013. Request for a Planning and Zoning Commission Review, in accordance with KIB Code Section 18.10.030, of seven (7) parcels of tax foreclosed properties from tax year 2001. STAFF reported that several of the parcels advertised had the taxes paid prior to the meeting and therefore were removed from the supplemental staff report. Staff recommended designating all seven parcels be declared not to be of public need and to be offered at a future KIB land sale. COMMISSIONER CARVER MOVED TO recommend to the Kodiak Island Borough Assembly that the following seven (7) tax foreclosed parcels are declared not to be of "public need" and be offered at a future KIB land sale. P & Z Minutes: October 15, 2003 Page 5 of 8 • • • KODIAK URBAN AREA: 1. Miller Point Alaska, Residential One Block 3, Lot 4A -2 REMOTE: 1. US Survey 1743 2. T31 S R29W TL 1203 3. T3OS R28W TL 1804 4. T31S R3OW TL 303 5. T31 S R29W TL 1404 6. T31 S R29W TL 3602 988 Kraft Way Sitkalidak Island Amook Island, Uyak Bay Zachar Bay Uyak Bay Amook Island, Uyak Bay Amook Island, Uyak Bay The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. RR1 -Rural C- Conservation C- Conservation C- Conservation C- Conservation C- Conservation C- Conservation Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS A) Womens Bay Comprehensive Plan i. Review of September 24, 2003 Work Session COMMISSIONER MCMURRY MOVED TO support the intent of the 10/15/03 Draft Goals and Objectives document, as modified by the Commission at the 10/15/03 meeting, and the Womens Bay Core Area and Greater Regional Area Study Area Map in order to proceed with the necessary work involved with preparing the plan update. COMMISSIONER OSWALT SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. B) Planning & Zoning Training Update P & Z Minutes: October 15, 2003 Page 6 of 8 r XI. REPORTS Staff reported that training by Lee Sharp for the Commission has been scheduled for October 25, 2003 at the Kodiak Community College. C) Capital Improvements Project List Staff presented the revised Capital Improvement List and explained how the grading system works COMMISSIONER CARVER MOVED TO adopt Resolution 2003 -05, forwarding the Planning and Zoning Commission's Capital Improvements List, as modified at the 10/15/03 meeting, for Fiscal Year 2005 -2009. The motion was SECONDED by COMMISSIONER OSWALT. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated September 19, 2003 to Sawmill Storage Company, Inc from Martin Lydick regarding Sawmill Lot 1/1667 Monashka Bay Road. B) Letter dated September 17, 2003 to Gabrielle LeDoux, Borough Mayor from Jerrol Friend, Planning & Zoning Commission Chair regarding mobile home park code revisions. C) Draft Agenda for Commissioner training, October 25, 2003. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item C of Communications. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. STAFF reported the following meeting schedule: • Larsen Bay Work Session October 22, 2003 at 7:30pm in the Borough conference room. • Planning Commissioner training October 25, 2003 from 8:30am to 4:30pm in Rm #210 of the Kodiak College Campus Center. • Packet review work session November 12, 2003 at 7:30 p.m. in the Borough conference room. • Regular meeting November 19, 2003 at 7:30 p.m. in the Assembly Chambers. P & Z Minutes: October 15, 2003 Page 7 of 8 • • There were no further reports. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS Tess Deitrich, Womens Bay Resident: Thanked the Commission for their work on the Womens Bay Comp Plan update. Asked a couple questions regarding the update analysis adopted at the meeting. Casey Janz, Womens Bay Resident: Thanked the Commission for their work on the Womens Bay Comp Plan update. XIII. COMMISSIONERS' COMMENTS COMMISSIONER CARVER: Spoke regarding the Womens Bay Comp Plan update and the Capitol Improvement List. COMMISSIONER FRIEND: Stated that he was glad the Commission had accomplished what they had this week. IX. ADJOURNMENT ATTEST CHAIR FRIEND ADJOURNED the regular meeting at 9:03 p.m. By: ��ti�` „ Erin Whipple, Secretary Community Development Department DATE APPROVED: November 19, 2003. KODIAK ISLAND BOROUGH PLANNING AND ZO COMMISSION Jerr• riend, Chair P & Z Minutes: October 15, 2003 Page 8 of 8 I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on November 19, 2003 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend, Chair Gary Carver Cheryl Boehland Jake Ketscher Dennis McMurry Reed Oswalt A quorum was established. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS REGULAR MEETING NOVEMBER 19, 20 MINUTES Commissioners not present Robert Himes C I}ECEIVE MAY 2 8 2001 BOROUGH CLERK'S OFFICE Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER MCMURRY MOVED TO EXCUSE Commissioner Himes. The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER KETSCHER MOVED TO APPROVE the revised agenda as presented. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of October 15, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: November 19, 2003 Page 1 of 7 1 1 VII. PUBLIC HEARINGS A) Case 03 -020. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Lot 1, US Survey 3471 from RR1 -Rural Residential One to RNC -Rural Neighborhood Commercial. reported live public hearing notices were disl U d lur this case wills none Liesng returned prior to the meeting. Staff recommended postponement of this case until the Chiniak Comprehensive Plan could be reviewed. COMMISSIONER MCMURRY MOVED TO postpone action on case 03 -020, until such time as the Chiniak Area Comprehensive Plan has been reviewed and revised as necessary. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, five yeas to one nay. Commissioner Ketscher was the nay. B) Case 03 -021. Request for a conditional use permit, per KIBC 17.67, allowing the removal of a mobile home from space #3 and the placement of a mobile home in space #8 (to be #7 upon re- numbering). STAFF indicated forty -six (46) public hearing notices were distributed for this case with three (3) being returned the night of the meeting. Staff recommended approval of this request. COMMISSIONER KETSCHER MOVED TO grant approval for a conditional use permit, in accordance with KIB Code Section (17.67), to permit an amendment of the mobile home park site plan for the mobile home park located on Lot 14A -3B, U.S. Survey 3098; to allow the elimination of Space #3 and the creation of a new Space #7, subject to the conditions of approval contained in the staff report dated November 12, 2003; and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide a low fence or barricade for the play area to separate it from the available parking area. 2. Supplement the proposed mobile home park site plan with a parking plan layout, showing the location of existing parking spaces, particularly those which cannot be P & Z Minutes: November 19, 2003 Page 2 of 7 accommodated on the mobile home park spaces. (The mobile home park plan may be modified slightly to accommodate "on- space" parking, so long as the number of proposed mobile spaces does not exceed 7 total.) 3. Provide the Community Development Department with a larger scale reproduction of the site plan for inclusion in the permanent property file for this mobile home park. The site plan should also include attribution as to the preparer of record, scale, legend information, park ownership, etc. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The purpose of the nonconforming provisions of KIBC is to ensure that development moves toward conformity any time that nonconforming rights are abandoned or when major redevelopment of nonconforming land use or structure is required. The need to amend the mobile home park site plan is understandable in order to move towards conformity with the code, even if full conformity is unachievable. The proposed improvements to the existing mobile home park will preserve the value, spirit, character and integrity of the surrounding area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The detailed site plan moves the park configuration toward conformity with the current requirements of KIBC 17.26, to the greatest extent feasible. Given that a great deal of the park's characteristics will remain nonconforming, such as the parking layout and mixed multi - family residential, the proposed amendments appear to fulfill all other requirements of this chapter. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The intent of KIBC 17.36 (Nonconformities) and KIBC 17.26 (Mobile Home Parks) will be met to the greatest extent possible by the proposed amendment to the mobile home park site plan. Moving toward conformity with the current requirements of KIBC 17.26, will promote the public health, safety, convenience and comfort of the entire community, as well as the mobile home park residents. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The proposed site plan submitted shows both the layout of existing mobile home units as well as proposed space boundaries, which have not previously been documented. This proposed site plan layout provides a minimum of 3,000 square feet for each proposed space, in addition to the proposed play area. Staff recommends, through conditions of approval, that certain additional information be included in the site plan to make it a better tool for future zoning compliance review. With the recommended conditions approval, adequate buffers and safeguards can be ensured during future park plan reviews when the P & Z Minutes: November 19, 2003 Page 3 of 7 1 1 mobile home units are replaced or relocated, in order to meet the conditions of A through C above. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. • I • - ru • rivate mobile home park use. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Lenae Arndt, agent for the applicant: Spoke in favor of the applicant's request. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO AMEND the main motion to strike condition of approval #1. The motion died for lack of a second. The question was called on the main motion and CARRIED by unanimous roll call vote. C) Case 03 -022. Request for a rezone, in accordance with KIB Code Section 17.72.030 B. (Manner of initiation), of portions of proposed Tracts B -1 and B -2, US Survey 2538B from C- Conservation to R -3 Multiple Family Residential Zoning District. STAFF indicated one hundred twenty -three (123) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER KETSHER MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of portions of proposed Tracts B -1 and B -2, US Survey 2538B from C- Conservation to R3- Multi- Family Residential, subject to two (2) effective clauses, and to adopt the "Findings of Fact" in the staff report dated November 10, 2003 in support of this recommendation. EFFECTIVE CLAUSES 1. Rezone to be contingent upon the completion of the related subdivision case. 2. Rezone to become effective upon title to the proposed rezone area(s) vesting in the Alaska Housing Finance Corporation. P & Z Minutes: November 19, 2003 Page 4 of 7 r VIII. OLD BUSINESS FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 1. This action to rezone will move the subject property further towards compliance with Title 17 of the Borough Code. 2. This action to rezone will allow the property owner to effectively utilize an area heretofore occupied "at will" of the City of Kodiak. 3. This action to rezone will reduce the administrative burden of various Borough departments required to maintain multiple files for this property. 4. This action to rezone will reduce the Borough's administrative cost associated with maintaining multiple files for this property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. No effects on the Objectives of the Comprehensive Plan are anticipated as a result of this rezone action. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. A) Review of October 25, 2003 Planning and Zoning Commissioner training presented by Lee Sharp. B) Review of November 5, 2003 Larsen Bay Work Session and review of Larsen Bay memo. IX. NEW BUSINESS A) DNR Kodiak Area Plan Schedule X. COMMUNICATIONS A) Letter dated October 16, 2003 to Mary C. Brown from Martin Lydick regarding Chiniak Alaska Subdivision, Block 1, Lot 4. B) Letter dated October 16, 2003 to Robert & Cheryl Dierich from Martin Lydick regarding US Survey 3098 Lt 25A. P & Z Minutes: November 19, 2003 Page 5 of 7 C) Letter dated October 28, 2003 to Victor & Pamela Smith from Martin Lydick regarding Airpark Subdivision, Block 1, Lot 5. D) Letter dated October 17, 2003 to Betty Lorenson from Martin Lydick regarding US Survey 3100 Lot 11. E) E -mail dated October 31, 2003 from Jake Ketscher regarding his resignation from the Planning & Zoning Commission effective November 30, 2003. F) Letter from Charles Lorenson dated November 3, 2003 regarding compliance review. There were no further communications. COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE RECEIPT of item A through item F of Communications. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: • November 20, 2003 Assembly Meeting re: Erdman Appeal, 7:30pm in the Assembly Chambers • December 10, 2003 work session at 7:30 p.m. in the KM Conference room. It was decided that this work session would be cancelled due to lack of attendance. • December 17, 2003 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER KETSCHER MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS CLARENCE SELIG: Spoke regarding the Commission's work session process. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Stated she was sorry Jake Ketscher was leaving. COMMISSIONER CARVER: Wished Jake Ketscher best of luck in future endeavors. COMMISSIONER MCMURRY: Stated it had been a pleasure to work with Jake Ketscher. COMMISSIONER KETSCHER: Spoke regarding his service on the Commission and his pending departure. COMMISSIONER FRIEND: Thanked Jake Ketscher for his service on the Commission. P & Z Minutes: November 19, 2003 Page 6 of 7 IX. ADJOURNMENT r ATTEST By: CHAIR FRIEND ADJOURNED the regular meeting at 9:03 p.m. • F Erin Whipple, Secretary I Community Development Department DATE APPROVED: January 21, 2004. B KODIAK ISLAND BOROUGH PLANNING AND ZON I ►... Jerrol ' lend, Chair P & Z Minutes: November 19, 2003 Page 7 of 7 I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on February 18, 2004 in the Borough Assembly Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING- COMMISSI REGULAR MEETING FEBRUARY 18, 2004 MINUTES Commissioners Present Jerrol Friend - Chair Cheryl Boehland Casey Janz David King Dennis McMurry A quorum was established. Commissioners not present Gary Carver Reed Oswalt Others Present Michelle Stearns, Director Community Development Dept. Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. E C I E O W E MAY 2 8 2004 - BOROUGH CLERK'S OFFICE COMMISSIONER JANZ MOVED TO EXCUSE Commissioners Oswalt & Carver. The motion was SECONDED by COMMISSIONER MCMURRY and CARRIED five yeas to one nay by roll call vote. Commissioner Boehland was the nay. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KING MOVED TO APPROVE the minutes of January 21, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was P & Z Minutes: February 18, 2004 Page 1 of 14 1 SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Yam Foreman, Parks and Recreation Committee Chair: Spokc regarding the trail survey that will be mailed out later in February. VII. PUBLIC HEARINGS A) Case 03 -023. Request for a conditional use permit, in accordance with KIBC 17.67, allowing an ADEC approved portable soil treatment facility to be located and operated on a portion of Section 32, T29S R18W and a portion of Section 5, T3OS R18W, Seward Meridian. (Postponed from the January 21, 2004 meeting) STAFF reported nine public hearing notices were distributed for this case with one being returned asking questions regarding the request. Staff recommended approval of this request subject to eleven conditions of approval as contained in the supplemental staff report dated February 11, 2004. The following motion was made and seconded at the January 21, 2004 meeting and remained on the floor: COMMISSIONER KING MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses), to pen a soil remediation facility to be located on a portion of Section 32, T29S, R18W and a portion of Section 5, T3OS R18W, Seward Meridian, an area known a Miller's Airfield, subject to the conditions of approval contained in the staff report dated January 9, 2003; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by the applicable provisions of 18.AAC.78, detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. The CUP is valid until January 21, 2007, unless renewed or amended prior to that time by the Planning and Zoning Commission after a new public hearing. The quantity of material that may be remediated at this site is P & Z Minutes: February 18, 2004 Page 2 of 14 restricted to 5,000 tons unless the CUP granted here is specifically amended to increase the quantity of contaminated material to remediate. 3. The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by January 21, 2007, unless the Commission as provided for in Condition #2 extends the CUP. 4. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site if the depth of fill exceeds five (5) feet in any location. 5. Strict compliance is required with the applicable coastal consistency determination from the Alaska Department of Natural Resources, OPMP (formerly the Division of Governmental Coordination (DGC)) and with applicable Alaska Coastal Management (ACMP) review requirements based on that determination. 6. No soil can be brought from off island for remediation at this facility unless the Commission amends the permit after a new public hearing. 7. To ensure protection of adjacent lands, strict compliance with the applicable provisions of Alaska Wastewater Disposal Regulations (18 AAC 72) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 8. Placement and connection of all electrical and mechanical facilities shall be inspected and approved as to design and installation by the Kodiak Building Official and Fire Marshall, as applicable. 9. The contaminated soil storage site will not exceed the existing size as approximated on the site plan dated October 2003 and submitted for review as part of this case, unless the petitioner requests an amendment of the CUP to increase the amount of material to be remediated or the size of the mobilization area. If the storage site is enlarged, a more detailed site plan will be required to show the precise dimensions, volumes, handling considerations, etc. 10. The operator will copy the Community Development Department with all correspondence and soil test results that are required to be submitted to ADEC as part of the operation of the soil remediation facility. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the CUP case file. FINDINGS OF FACT P & Z Minutes: February 18, 2004 Page 3 of 14 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood. State statutes and regulations exercise control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements are satisfied. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with assurance that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide an additional measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is a quality assurance plan to ensure that only petroleum- contaminated soils containing no toxic waste are brought to the site for remediation. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses within 1/2 mile. The motion was SECONDED by COMMISSIONER CARVER. COMMISSIONER BOEHLAND MOVED TO AMEND the main motion to replace the Condition of Approval and Findings of Fact with those from the February 11, 2004 staff report. CONDITIONS OF APPROVAL P & Z Minutes: February 18, 2004 Page 4 of 14 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by the applicable provisions of 18.AAC.78, detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. The CUP is valid until August 31, 2004. 3. The quantity of material that may be remediated at this site is restricted to 5,000 tons. 4. The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by September 30, 2004. 5. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site if the depth of fill exceeds five (5) feet in any location. All fill areas will be in accordance with the Site Restoration and Revegetation plan as indicated in the Memorandum dated 4 Feb 2004 from Sig Jokiel, Project Manager, ChemTrack, LLC. 6. Strict compliance is required with the applicable coastal consistency determination from the Alaska Department of Natural Resources, OPMP (formerly the Division of Governmental Coordination (DGC)) and with applicable Alaska Coastal Management (ACMP) review requirements based on that determination. 7. No soil can be brought from off site for remediation at this facility. 8. To ensure protection of adjacent lands, strict compliance with the applicable provisions of Alaska Wastewater Disposal Regulations (18 AAC 72) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 9. Placement and connection of all electrical and mechanical facilities shall be inspected and approved as to design and installation by the Kodiak Building Official and Fire Marshall, as applicable. 10. The contaminated soil storage site will not exceed the existing size as approximated on the site plan dated October 2003 and submitted for review as part of this case. P & Z Minutes: February 18, 2004 Page 5 of 14 11. The operator will copy the Community Development Department with all correspondence and soil test results that are required to be submitted to ADEC as part of the operation of the soil remediation facility. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the CUP case file. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood. State statutes and regulations exercise control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements are satisfied. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with assurance that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide an additional measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is a quality assurance plan to ensure that only petroleum - contaminated soils containing no toxic waste are brought to the site for remediation. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses within '/2 mile. The motion was SECONDED by COMMISSIONER JANZ. P & Z Minutes: February 18, 2004 Page 6 of 14 Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case SO4 -002. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3rd Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement, located along the southwest lot line of lot 15, creating Elderberry Heights Subdivision 3' Addition, Block 5, Lot 14A. STAFF indicated sixty (60) public hearing notices were distributed for this case with one being returned expressing no opposition. Staff recommended approval of this request subject to two conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3' Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement, located along the southwest lot line of lot 15, creating Elderberry Heights Subdivision 3 Addition, Block 5, Lot 14A, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2} The application for vacation must be reviewed by the Kodiak City Council prior to becoming final. P & Z Minutes: February 18, 2004 Page 7 of 14 FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement(s) that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Ann Kiera, applicant: Spoke in favor of her request and presented herself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 04 -001. Request for a site plan review, per KIBC 17.33.020, of the proposed Potato Patch Lake Wildlife Viewing and Water Quality Improvement Project, which includes a wildlife viewing platform, boardwalk, informational kiosk and other related facilities in support of the use. East Addition, Block 50, Lots 1 and 2 and East Addition, Block 55, Lot 13. STAFF indicated one hundred thirty -five (135) public hearing notices were distributed for this case with one being returned in favor of the request and one opposing the request. Staff recommended approval of this request subject to one condition of approval. COMMISSIONER KING MOVED TO approve a detailed site plan, per KIBC 17.33.020, of the proposed Potato Patch Lake Wildlife Viewing and Water Quality Improvement Project, which includes a wildlife viewing platform, boardwalk, informational kiosk and other related facilities in support of the use, located on Lots 1 and 2, Block 50 East Addition and Lot 13, Block 55, East P & Z Minutes: February 18, 2004 Page 8 of 14 Addition, subject to one (1) condition of approval as included in the staff report dated February 10, 2004. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Linda Freed, City Manager, applicant's agent: Outlined the proposed project and presented herself for questions. Leslie Kerr, neighborhood resident: Spoke in favor of this request. Unknown, neighborhood resident: Spoke in favor of this request. Clarence Selig, Kodiak City resident: Spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 04 -002. Request for a land disposal, per KIBC 18.20.030, of an unsubdivided portion of Borough land located in Section 33, T24S R24W, Onion Bay, Raspberry Island for fair market value. STAFF indicated four (4) public hearing notices were mailed for this case, with none being returned prior to the meeting. Staff reviewed a supplemental memorandum written by Bob Scholze, Appraiser /Resource Manager recommending reduction of the proposed disposal property to 1.79 acres. COMMISSIONER JANZ MOVED TO adopt the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Perry Page: Expressed concerns over the disposal of this land without an open bid process. P & Z Minutes: February 18, 2004 Page 9 of 14 Clarence Selig: Spoke regarding an adjustment of the size of the property disposal. Hearing and seeing none. UD11C: nwaiiiig ei Ubeu. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case S03 -030. Request for a vacation, in accordance with KIBC 16.60, of a portion of the undeveloped Perenosa Drive right -of -way. STAFF indicated that fifty -seven (57) public hearing notices were distributed for this case with four being returned in favor of the request and one opposing the request. Staff reported that additional information had been provided by the applicant since the January meeting, including a revised proposal, but that no additional staff review had taken place on this additional material. Staff recommendation from the January 5, 2004 was denial of this request. Staff Michelle Stearns emphasized that the recommendations provided in the staff report did not take into consideration the recent information provided by the applicant. Commissioner Friend clarified that staff recommendations provided are based on the original application and that the recent applicant submission had not yet been reviewed by staff. Commissioner Boehland expressed concern over making a decision based on "old" information when there is "new" information available. Commissioner Friend stated that the Commission had the new information in front of them. Commissioner Boehland expressed concern that it had not been reviewed by staff yet. Staff Michelle Stearns reiterated that staff does not have any recommendations on any of the new information the Commission had received. The only staff recommendations are based on the original recommendation. COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Petitioner's map, subject to three (3) conditions of approval contained in the staff report dated January 5` 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL P & Z February 18, 2004 Page 10 of 14 [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] The designation "Right of Way for Public Purposes" shall appear on the face of the plat. FINDINGS OF FACTS 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests . The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Mike Anderson, applicant: Spoke in favor of his request and presented his justifications for this request. Mr. Anderson stated that Perenosa Drive was originally platted to provide access to the adjoining properties in Kadiak Alaska Subdivision 1st Addition. He stated that the subsequent construction of Rezanof, Sharatin, Sitkinak, Tugidak, Chirikoff and Katmai have provided constructed access to all those properties except one. He then stated that two portions of Perenosa have already been vacated, one for a public park and one for subdivision purposes. He does not feel the remaining portion of Perenosa will be developed. He then read the letter dated February 11, 2004 that was distributed to the Commission at the February 11, 2004 work session. In summary, Mr. Anderson encouraged the Commission to adopt the alternative motion in their packet which recommends approval of this vacation and adopt the findings of fact presented by the staff in that staff report (dated January 5, 2004). Commissioner Boehland questioned the problem with using Perenosa onto Sitkinak for access. She expressed concern over access directly onto Rezanof, which is primarily a highway with higher speeds. Mr. Anderson stated that if P & Z Minutes: February 18, 2004 Page 11 of 14 Perenosa to Sitkinak were used people would still be entering Rezanof at the Perenosa intersection. He considers that to be a congested intersection. He followed this saying that if the vacation is granted then access to and from the proposed Christian school would be separate, built to state standards, it would enter Rezanof at a 90 degree angle and he feels it has a tremendous line of site. He stated that if the vacation is not granted then the same traffic would be routed though Sitkinak. Commissioner Boehland then asked why these issues weren't addressed when the subdivisions around Perenosa were being designed. Mr. Anderson stated that it was because Perenosa and several other roads were platted before Rezanof was built. Rezanof Drive caused a land removal from several of the lots along the new road but none of the other roads were vacated at the time. Dan Rohrer, representative for neighboring property owner: Spoke in favor of this request and the reasoning behind Kodiak Christian School's support for this request. Mr. Rohrer questioned proposed Condition of Approval number three regarding the designation of right -of -way for public purposes. Staff explained that based on the January proposal, which was for the entire vacation of Perenosa Drive, as depicted on the submittal, but also proposing an easement, Condition of Approval number 3 was in response to Public Work's comment requiring a right - of -way for public utilities. Dick Rohrer: Spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: Commissioner King spoke regarding Mr. Anderson's referral to the freight company located on Sitkinak Dr. Mr. King represents the freight company and feels that increased traffic on Sitkinak could be a problem with the freight trucks that come and go. Commissioner Boehland asked the difference between a driveway access and a road. Commissioner Janz commented that she thinks a driveway access to the school instead of accessing to Sitkinak would be the safer route. There was general conversation amongst the Commissioners regarding the school bus traffic in the area and the potential bus traffic when the Christian school goes it. Commissioner McMurry commented that he thinks a private access to the Christian school property is the most sensible. The question was called, and the motion CARRIED by unanimous roll call vote. P & Z Minutes: February 18, 2004 Page 12 of 14 VIII. OLD BUSINESS A) Larsen Bay Comprehensive Plan Update — Larsen Bay meeting rescheduled to February 19 —21 B) Womens Bay Comprehensive Plan Update C) Chiniak Comprehensive Plan Update D) DNR Draft Kodiak Area Plan Update — Staff reported that DNR will be holding a meeting on March 8, 2004 @ 7:00pm in the High School commons. IX. NEW BUSINESS A) Parks & Recreation Committee Trail Survey X. COMMUNICATIONS A) National Weather Service invitation to the City of Kodiak TsunamiReady and StormReady recognition event. B) Letter dated January 26, 2004 to Jerrol Friend from Ryan P. Johnson regarding non- conforming home regulations. C) Letter dated January 30, 2004 to Bruce Phelps from Michelle R. Stearns regarding Public Review Draft Kodiak Area Plan for State Lands dated November 2003. There were no further communications. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item C of Communications. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: • February 27, 2004 Chiniak Comp Plan Scoping Meeting 7:00pm — 9:00pm.. • March 10, 2004 work session at 7:30 p.m. in the KIB Conference room. • March 17, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. No vote was taken to accept reports. P & Z Minutes: February 18, 2004 Page 13 of 14 XII. AUDIENCE COMMENTS ATTEST By: Perry Page: Thanked the Commission and Community Development Staff for their work. Stated that the American flag should always be displayed on the left. John Miller: Spoke regarding case 03 -023, the DNR Comprehensive Plan and the upcoming Chiniak comprehensive planning process. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Spoke regarding case 03 -023. COMMISSIONER FRIEND: Stated that he was pleased with the feedback received from all applicants on this month's cases. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:25p.m. Erin Whipple, Secret Community Development Department DATE APPROVED: March 17, 2004. P & Z Minutes: February 18, 2004 KODIAK ISLAND BOROUGH PLANNING AND ZONIN ION By: )7al Jerrol riend, Chair Page 14 of 14 I. CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING MARCH 17, 201 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on March 17, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair Cheryl Boehland Gary Carver David King Dennis McMurry Casey Janz A quorum was established. Commissioners not present Reed Oswalt COMMISSIONER CARVER MOVED TO EXCUSE Commissioner Oswalt. The motion was SECONDED by COMMISSIONER KING and CARRIED five yeas to one nay. Commissioner Boehland was the nay. III. APPROVAL OF AGENDA IV. MINUTES OF PREVIOUS MEETING Others Present Michelle Stearns, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. MAY 2 8 2004 BOROUGH CLERK'S OFFICE COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of February 18, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. P & Z Minutes: March 17, 2004 Page 1 of 10 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 04 -003. Request for a conditional use permit, in accordance with KIBC 17.67, to allow the construction of a storage warehouse to be located on Tract C -3 United States Survey 1396. STAFF reported sixty (60) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a forty by one hundred (40 x 100) storage warehouse to be constructed on Tract C -3 United States Survey 1396, subject to three conditions of approval contained in the staff report dated (March 8, 2004) and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant shall submit a screening plan for review and acceptance by the Commission prior to the commencement of construction. 2. The applicant shall submit a lighting plan for review and acceptance by the Commission prior to the commencement of construction. 3. Plan(s), as outlined in Condition 1 & 2, may be submitted for review concurrently for the convenience of the Commission and Applicant. 4. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated January 12 2004, which was submitted by Kodiak Electric Association. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. A forty by one hundred (40 x 100) foot warehouse on a 58,370 square foot lot will not be detrimental to the surrounding properties if appropriate conditions of approval are required to address any P & Z Minutes: March 17, 2004 Page 2 of 10 screening and lighting concerns that are applicable to this location. The existing outdoor storage is probably more of a concern to the surrounding residential properties than the proposed new warehouse. The new warehouse, if used to reduce the existing visual clutter, will be an amenity to the area. 17 67 OS R. That the conditional use filfills all other requirements of this chaff pertaining to the conditional use in question. Based on a review of the site plan, the proposed new warehouse will fulfill all other requirements of the B — Business zoning district such as height of structure, off - street parking, etc. Adherence to the applicable performance standards (KIBC 17.21.050) of the B — Business zoning district during the zoning compliance and building permit reviews will insure that this conditional use fulfills all other requirements of the zoning district. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Granting of the conditional use permit for a warehouse will not be harmful to the public health, safety, convenience or comfort. Adherence to the Uniform Building Code and Uniform Fire Code regulations for commercial building construction will ensure protection of the public health and safety. It can be argued that a warehouse can potentially detract from the public convenience and comfort if there are residential land uses in the vicinity. In this case there are residential and public use(s) abutting the location. Reasonable conditions of approval, if required, should be adequate to insure that no adverse impacts affect these abutting use(s). Traffic impacts associated with this development are expected to be minimal. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The 58,370 square foot lot contains sufficient land area for the proposed new warehouse and off - street parking. The new warehouse will provide partial site screening. If required as part of this review, the addition of privacy slats to the existing fence will provide additional screening and enhance site security. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. P & Z Minutes: March 17, 2004 Page 3 of 10 Public hearing closed. Regular session opened: The question was called, and the motion CARRIED, by unanimous roll call vote. B) face nd_004. Request for a conditional use permit, in accordance with K133C 17.67, to allow the construction of a wireless telecommunications facility on an unsubdivided, unsurveyed portion of USS 2539, Pillar Mountain. STAFF indicated seven (7) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER KING MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses), to permit a 100 foot tall freestanding communication tower, two small support buildings and a 320 gallon above ground propane tank to be located on a 3,200 square foot leasehold interest to be negotiated with the landowner, City of Kodiak, subject to five (5) conditions of approval contained in the staff report dated March 8, 2004) and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural regenerated state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 4. The landowner and /or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a site plan for the leased premises in ACAD.dwg format for the purpose of inclusion into existing mapping databases. 5. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated January 28` 2004, which was submitted by New Horizons Telecom, Inc. The conditional P & Z Minutes: March 17, 2004 Page 4 of 10 use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT - _.. integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain have existed for many years, in the area, without conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the City of Kodiak's exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by topography and vegetation from residential areas. The contiguous land ownership of the City of Kodiak far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural P & Z Minutes: March 17, 2004 Page 5 of 10 vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS A) Womens Bay Phase II Background Report Staff asked the Commission to review the current background material and to supply comments or additional material to the report. Staff noted the map corrections that had been made to previously prevented maps. Commissioner Carver mentioned that the boundary line on most of the maps is not following the drainage divide as they had decided. The Commission asked Staff to post the review comments on the Borough website and then decided to further discuss this matter at an April 14, 2004 special work session, to be held after the regular work session. The Commission felt that the public should participate in the review of this report. B) Chiniak Scoping Meeting The Commission reviewed the topics discussed at the Chiniak Scoping Meeting held in Chiniak on February 27, 2004. The Commission decided to hold a special meeting in on May 5, 2004 to further review C) Larsen Bay Update Staff reported that Robbie Townsend Vennel, contractor with AHFC, visited Larsen Bay for several days, speaking with school children, community representatives and others. A document summarizing activities to date for village planning should be distributed this week with plans for a meeting in Kodiak at the end of April to finalize the goals and objectives for their updated plan. Staff will keep the Commission posted. P & Z Minutes: March 17, 2004 Page 6 of 10 After the goals and objectives are finalized, the Kodiak Island Borough will take the lead roll in the land management /use planning. D) Discussion of the February 25, 2004 meeting between the Planning & Zoning Commission and the Assembly regarding mobile home parks. The Commission added this topic to the May 5, 2004 special meeting. E) Case S03 -030 — vote to rescind action taken at the February 18, 2004 regular meeting. Staff outlined KIBC Title 17.70.030.0 regarding rescission of a motion. Staff also stated that this case is before the Commission again due to confusion over which document presented by the applicant the Commission intended to refer to in the original motion. Consultation with the Borough Clerk led to the option of rescission. COMMISSIONER CARVER MOVED TO rescind the vote taken on February 18, 2004 concerning case S03 -030 and to reopen the case for consideration. The motion was SECONDED by COMMISSIONER JANZ and carried by unanimous roll call vote. Therefore, the main motion, as made at the February 18, 2004 regular meeting, was reopened and read as: COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Petitioner's map, subject to three (3) conditions of approval contained in the staff report dated January 5 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] The designation "Right of Way for Public Purposes" shall appear on the face of the plat. P & Z Minutes: March 17, 2004 Page 7 of 10 FINDINGS OF FACTS 1 This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests . The motion was SECONDED by COMMISSIONER KING. COMMISSIONER MCMURRY MOVED TO AMEND the main motion to read as follows: "Move to grant preliminary approval, in accordance with KIBC 16.60 of the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Petitioner's map submitted February 11 2004 subject to the following three (3) conditions of approval and to adopt the following "Findings of Fact" for this case." CONDITIONS OF APPROVAL: (1) This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough code 16.60.060.A. (2) The applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty -four (24) months of the Assembly approval of vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040.B. (3) The designation "Public Utility Corridor" shall appear on the face of the plat. FINDINGS OF FACT: (1) This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. (2) This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030.A and B. (3) This request provides a vacation of a portion of a public right -of -way that is consistent with the adopted Borough plans for this area. (4) This request for vacation does not unduly diminish the public's interest. (5) This request for vacation does not unduly prejudice surrounding private property interest. P & Z Minutes: March 17, 2004 Page 8 of 10 The motion was SECONDED by COMMISSIONER KING. COMMISSIONER CARVER MOVED TO AMEND the amendment to change the word "submitted" to "dated ". The question was called on the amendment to the amendment and CARRIED by unanimous roll call vote. The question was called on the amended amendment and CARRIED, five yeas to one nay. Commissioner Boehland was the nay. The question was called on the amended main motion and CARRIED, five yeas to one nay. Commissioner Boehland was the nay. IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Report titled "Brechan Enterprises: Moving Cost Estimates, Economic Contributions to Kodiak ", dated February 2004. B) Letter dated January 29, 2004 to Duane Dvorak from Tom Young, ADOT, regarding Chiniak Road Rehabilitation. C) Letter dated March 11, 2004 to Michelle Stearns from John DeLapp, Cook Inlet Coastal Program Coordinator regarding Coastal Conservation Grant Proposals. D) Challenge Cost Share Program allocations for fiscal year 2004. There were no further communications. R KING SECONDED the amendment to the amendment. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: • April 14, 2004 work session at 7:30 p.m. in the KIB Conference room. • April 21, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. P & Z Minutes: March 17, 2004 Page 9 of 10 COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote: XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no Commissioner's comments. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:04 p.m. ATTEST By: &t,k.l .. Li DA Erin Whipple, Secrei'at'y Community Development Department DATE APPROVED: April 21, 2004. KODIAK ISLAND BOROUGH P & Z Minutes: March 17, 2004 Page 10 of 10 I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on April 21, 2004 in the Borough Assembly Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI REGULAR MEETING APRIL 21, 200 MINUTES Commissioners Present Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt A quorum was established. III. APPROVAL OF AGENDA Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER CARVER MOVED TO APPROVE the amended agenda with three additional communications. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KING MOVED TO APPROVE the minutes of March 17, 2004 Planning and Zoning Commission regular meeting as amended. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Dawn Black: Spoke regarding mobile home park issues. C V MAY 2 8 2004 BOROUGH CLERK'S OFFICE Patrick Saltonstall: Started to speak regarding case S03 -029 but was asked to postpone his comments until the public hearing for that case. P & Z Minutes: April 21, 2004 Page 1 of 12 VII. PUBLIC HEARINGS A) Case S03 -029. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Tracts A, B, and C, T31S, R22W, Seward Meridian, by the petitioner from the January 21, 2004 regular meeting agenda) STAFF reported nine public hearing notices were sent out for this case with none being returned prior to the meeting. Staff recommended approval of this case. COMMISSIONER KING MOVED TO to grant preliminary approval to the subdivision of a portion of Tract A, Section 1, T31S, R22W, Seward Meridian, as reflected on Plat 88 -45, creating Warner's Saltery Cove Subdivision, Lots 1 through 13, subject to the conditions of approval contained in the staff memorandum dated April 14, 2004, and to adopt the findings contained in the same staff memorandum as findings of fact for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat as follows: a. "The covenants applicable to this subdivision may differ from the applicable provisions of the Kodiak Island Borough zoning code, and other applicable borough codes. Landowners in this subdivision are advised to consult with and obtain appropriate permitting from the KIB Community Development Department prior to developing lots in this subdivision to ensure compliance with all applicable borough codes." 2. Place a note on the final plat as follows: a. "Portions of this subdivision are designated wetlands under the jurisdiction of the U.S. Army Corps of Engineers. Prior to development, each landowner is responsible for contacting the COE with their development plan to ensure that proposed development is appropriately addressed by a general or individual wetlands permit if required." 3. Obtain a waiver from the KIB Engineering and Facilities Director for the 50 foot road right -of -way width, as requested by ADNR, which is 10 feet less than the 60 foot local road standard of the Kodiak Island Borough. 4. Prior to final plat approval, the subdivider will secure from the Alaska Department of Natural Resources a minimum 50 -foot wide access easement, described by survey description, covering the existing dirt road that provides P & Z Minutes: April 21, 2004 Page 2 of 12 access from the Saltery Cove Road right -of -way to the Warner's Saltery Cove Subdivision. 5. The subdivider shall demonstrate that each lot has the capability to meet the wastewater disposal standards of ADEC and have access to adequate amount ofotable water for domestic purposes per KMC 16.70.020.B. Should certain lots only be able to meet the wastewater disposal standards of ADEC by the implementation of a non - conventional alternative disposal system, that lot (or lots) shall be identified on the face of the plat as requiring a non - conventional wastewater disposal system. 6. Prior to final plat approval, provide a copy of the bylaws governing the conduct of Home Owner Association business for non - public hearing review by the Planning and Zoning Commission. 7. The proposed covenants may be amended at the request of the Borough Attorney as to form and content, however, any substantial changes to the covenants will require another appearance before the Planning and Zoning Commission as an item of Old Business. FINDINGS OF FACT 1. With conditions of approval and the grant of a waiver for road ROW width, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Patrick Saltonstall: Spoke against this request. Ken Warner, applicant: Spoke in favor of his request and presented himself to the Commission for questions. Randy Blondin: Spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: April 21, 2004 Page 3 of 12 Commissioner Oswalt expressed concern over the proposed access easement width of 50'. COMMISSIONER OSWALT MOVED TO AMEND the main motion to change condition of approval #3 to state that the road right -of -way width will be 60 feet in width. The motion was SECONDED by COMMISSIONER CARVER. COMMISSIONER JANZ MOVED TO POSTPONE this case until the May 19, 2004 regular meeting of the Planning & Zoning Commission. The motion was SECONDED by COMMISSIONER OSWALT and carried by unanimous voice vote. B) Postponed by applicant prior to meeting C) Case 04 -006. Request for a conditional use permit, in accordance with KIBC 17.67, allowing establishment of a remote transmitter receiver /remote communication tower on Pillar Mountain. STAFF indicated seven (7) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional Uses) and with KIBC 17.67, allowing establishment of a remote transmitter receiver /remote communication tower on Pillar Mountain, subject to five (5) conditions of approval contained in the staff report dated March 8, 2004, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural regenerated state. 3. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the P & Z Minutes: April 21, 2004 Page 4 of 12 Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a Conditional Use Permit. 4. The landowner and /or developer, within 6 months of the date of Commission approval, shall develop and submit to the Community Development Department a site plan for the leased premises in ACAD.dwg format for the purpose of inclusion into existing mapping databases. 5. In reviewing this request, the Commission has substantially relied upon the project description and application for conditional use, dated February 26th, 2004, which was submitted by The Federal Aviation Administration. The conditional use, therefore, is specifically limited to the facilities and operational parameters set forth therein. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain have existed for many years, in the area, without conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the City of Kodiak's exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. P & Z Minutes: April 21, 2004 Page 5 of 12 This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by topography and vegetation from residential areas. The contiguous land ownership of the City of Kodiak far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case SO4 -003. Request, in accordance with KIBC 16.40, of the replat of Kodiak Townsite, Block 14, Lots 6A, 6B, 6C and 6D and a vacation, per KIBC 16.60, of the access and utility easement on the entire flag stem portion of Lot 6B and a vacation of the 15 foot access and utility easement located along the southeast lot line of lot 6B, creating Lots 6A -1, 6B -1 and 6C -1, Block 14, Kodiak Townsite. STAFF indicated sixty -five (65) public hearing notices were mailed for this case, and none were returned. Staff recommended approval of this request. COMMISSIONER OSWALT MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Kodiak Townsite, Block 14, Lots 6A, 6B, 6C and 6D and a vacation, per KIBC 16.60, of the access and utility easement on the entire flag stem portion of Lot 6B and a vacation of the 15 foot access and utility easement located along the southeast lot line of lot 6B, creating Lots 6A -1, 6B -1 and 6C -1, Block 14, Kodiak Townsite, and to adopt the findings in that staff report as "Findings of Fact" for this case, with the exception of Condition of Approval #5. P & Z Minutes: April 21, 2004 Page 6 of 12 CONDITIONS OF APPROVAL [1] Plat note containing the language "Due to extreme slopes, parts of these properties may be susceptible to erosion and /or mudslides during heavy rains" appear on the face ofthe-plat. [2] Designate the flag stem portion of Lot 6B -1 as a utility easement to provide for the relocation of utilities serving Lots 6B -1 and 6C -1. [3] A pedestrian access easement across Lot 6C -1 in favor of Lot 6B -1 to be recorded and shown on the plat. [4] The stairway serving Lot 6B -1 must be reconstructed to meet UBC standards. [5] No expansion of the structure or us . . • . - : • access and on site parking arc constructed. [6] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation and replat, within twenty four (24) months for this vacation and replat to be effective per Kodiak Island Borough Code 16.60.040 B. The water and sewer service to Lot 6B -1 shall be separated from the service connected to Lot 6C -1 and reconstructed in a manner approved by the City of Kodiak Public Works Department. Evidence of Public Works approval will be provided to complete this case file prior to final plat approval. [ FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. P & Z Minutes: April 21, 2004 Page 7 of 12 Public hearing closed. Regular session opened: COMMISSIONER CARVER MOVED TO AMEND the main motion to reinstate Condition of Approval #5 and to change it to read "No change of use .• • I • • • • • - . • • - - •. ' The motion was SECONDED by COMMISSIONER BOEHLAND. The question was called on the amendment and CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED by unanimous roll call vote. E) Case SO4 -004. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Lot(s) 9B, 10B -1, & 10B -2 United States Survey 3099 and the vacation, in accordance with KIBC 16.60, of a thirty (30) foot utility easement, located fifteen feet on each side of the lot line between Lots 9B & 10B -1, creating Lot 10C United States Survey 3099. STAFF indicated thirty -two (32) public hearing notices were distributed for this case with none being returned prior to the meeting. COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3rd Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement, located along the southwest lot line of lot 15, creating Elderberry Heights Subdivision 3' Addition, Block 5, Lot 14A, and to adopt the findings in that staff report as "Findings of Fact" for this case and striking Condition of Approval #3. CONDITIONS OF APPROVAL [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2] The application for vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final. [3] Reduce the number of driveways from two (2) to one (1) per ADOT /PF request dated April 1, 2001. P & Z Minutes: April 21, 2004 Page 8 of 12 FINDINGS OF FACTS 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement(s) that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Alan Torres, Applicant: Stated that he had contacted DOT and they had stated they did not have a problem with him maintaining two driveways. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS A) KEA screening plan review. Request for Planning and Zoning Commission review and approval, in accordance with KIBC 17.21.050.B and C, of a lighting and screening plan that were required as conditions of approval for Case 04 -003, a Conditional User Permit to allow a storage warehouse to be constructed on Tract C -3, U.S. Survey 1396. Staff recommended the Commission approve appropriate screening along the common lot line between Tract C -3 and Tract C -2, U.S. Survey 1396 and that it also approve appropriate security and work lighting to serve Tract C -3, U.S. Survey 1396. P & Z Minutes: April 21, 2004 Page 9 of 12 COMMISSIONER BOEHLAND MOVED TO approve a screening plan, in accordance with KIBC 17.21.050.C, consisting of a seven (7) foot chain link fence with screening slats and one (1) foot of barbed wire on top, located between Tract C -3 and Tract C -2, U.S. Survey 1396 and to approve a lighting plan in accordance with KIBC 17.21.050.B, which is comprise of four (4) 100 watt high pressure sodium vapor street lights with directional lenses as indicated on the petitioner's diagram and letter dated March 24, 2004. FINDING OF FACT 1. A seven (7) foot chain link fence along the common lot line between Tract C -3 and Tract C -2, U.S. Survey 1396, will be adequate to reasonably "screen" a commercial outdoor storage use and warehouse from an adjoining residential apartment complex. The proposed screening will physically, separate the outdoor storage area from the adjoining lot. Traffic to and from the outdoor storage area to pickup and deliver equipment and supplies is the is the most likely source of impact to affect adjoining residential development. The lighting is necessary to provide for year around security and as a work light for the KEA linemen that need to access the site for material and supplies at all hours of the day and night. The street lights used are the lowest wattage lights in the KEA inventory and they use directional lenses to focus the light onto Tract C -3, U.S. Survey 1396. COMMISSIONER JANZ SECONDED the motion. The motion CARRIED by unanimous roll call vote. B) Comments on Draft Kodiak Area Plan IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated March 31, 2004 to Pat Carlson from Senator Gary Stevens and Representative Dan Ogg regarding recent developments involving changes to Alaska's Coastal Zone Management Programs. B) Web page address regarding LBCS systems. C) Kodiak Daily Minor article regarding trail plan process. There were no further communications. P & Z Minutes: April 21, 2004 Page 10 of 12 COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through C of Communications. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: A) May 5, 2004, 7:00pm, KIB Conference Room, Chiniak Comprehensive Plan Update/Mobile Home Park Code Revisions Worksession B) May 10, 2004, 7:00pm, Womens Bay Workshop at Peterson Elementary C) Meeting schedule: • May 12, 2004 work session at 7:30 p.m. in the KIB Conference room. • May 19, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER KING MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER MCMURRY: Wanted staff to know the Commissioners do hear them occasionally. COMMISSIONER BOEHLAND: Encouraged all conversion about cases to be done at the public hearings, not the work sessions. COMMISSIONER OSWALT: Stated that he believes the work sessions are a time to discuss the cases before them, not make decisions, and he feels the work sessions are very valuable. COMMISSIONER FRIEND: Stated that he didn't feel any decisions were made at the work session. IX. ADJOURNMENT P & Z Minutes: April 21, 2004 Page 11 of 12 CHAIR FRIEND ADJOURNED the regular meeting at 9:54p.m. ATTEST By: Ao C 0i Erin Whipple, Secreta Community Development Department DATE APPROVED: May 19, 2004. Jerrol Friend, Chair ION P & Z Minutes: April 21, 2004 Page 12 of 12 Women's Bay Service Area Board Regular Meeting Minutes February 9, 2004 CALL TO ORDER 7:10 pm Members Present — Chris Lynch, David Conrad, Spencer Schaeffer, Tom Demi, Kevin Riddle Citizen's Comments — none. Approval of Minutes — January 5 meeting minutes were approved as submitted. Old Business Fire Department — The Board voiced concern over Dale writing letters w/o presenting them to the SD Board — Dave will bring this to Dale's attention. Material is ordered for gear storage. The board discussed equipment replacement — it was decided that we should still replace our equipment on a regular basis. Status of new fire truck — There may be some changes in the delivery time due to mix -ups at the plant. Delivery has slipped to June from March. Road District — The board will look at stockpiling material so the D -1 piles will be available and maintained when we need them. New Business Fire Department — Volunteer recruitment — Dale will put a program together. A good time to launch a program would be when we get our new truck. Dave will make a list of medical equipment that is needed so we may get a budget prior to purchase. Road Service Area — We will publish a mail box standard the next time we do a newsletter article. Meeting was adjourned at 8:10 p.m. Next Meeting — March 8, 2004 lly Submitted, Chair Person 1111 ness 1 JUN — , aooa BOROUGH CLERK'S OFFICE Women's Bay Service Area Board Regular Meeting Minutes March 8, 2004 CALL TO ORDER 7:10 pm Members Present — Chris Lynch, David Conrad, Kevin Riddle, Russ Toms, Dale Rice 1 _ 11 • • 1 1 • • 1 _• Citizen's Comments — Steve Honnold spoke regarding his water /drainage problem on his property. He read a letter that he had prepared and forwarded to all board members. This item has been reviewed over the month by various board members. Steve was informed that the drainage issue on Chiniak Drive.was on the work list for FY04. Approval of Minutes — February 9 meeting minutes were approved as submitted. Old Business New Business Fire Department — Status of new fire truck — June delivery is still expected. Plan for old engine and Scott pack disposal — we will wait for delivery of the new engine before a decision is made. Fire Department — Volunteer recruitment — There will be a brainstorming session at the Volunteer meeting. Waiting to see what other fire departments are going to order before ordering Scott Packs in hopes of getting a price break. The FEMA grant is due April 2, Dave and Russ will put together a package. Two other grants are available; Rural Fire Assistance and Volunteer Fire Assistance. These are matching grants that we could use for hose, pumps or Fedco's. Dave will write grants and we will work matches in to the budget. Dave will buy benches for gear donning as approved by the board. Working with the KIB for a pricing structure for the new fire truck. Reviewed Fire District budget. Road Service Area — Reviewed Road Service budget. Established a meeting schedule for the FY05 budget as follows. March 15 — Budget work session March 29 — Public Hearing Meeting was adjourned at 8:10 p.m. Next Meeting — March 15, 2004 Resp . lly Su itted Chair Person fitness RECEVVE uu JUN - 1 2004 BOROUGH CLERK'S OFFICE Women's Bay Service Area Board Regular Meeting Minutes March 22, 2004 CALL TO ORDER 7:10 pm Members Present — Chris Lynch, David Conrad, Kevin Riddle, Russ Toms, Dale Rice, Spencer Schaeffer Citizen's Comments — None Approval of Minutes — None Old Business New Business Road District — Brought Spencer up to date on the cure for the Honnald property. We had to replace the 36" culvert across Bells Flats Road this past week. Fire Department —Fire grants have been submitted; Homeland Security grant will be submitted for new tanker. AED grant was submitted — waiting for costs on new Scott packs. It was suggested that the next lease should require tenant be a member of the volunteer fire department. Workshop to develop the fire and Road District budget was held for the remainder of the meeting. Meeting was adjourned at 8:30 p.m. Next Meeting — April 5, 2004 Res .` ctfully Submitted, Chair Person itness Women's Bay Service Area Board Regular Meeting Minutes April 5, 2004 CALL TO ORDER 7:10 pm Members Present — Chris Lynch, David Conrad, Tom Demi, Russ Toms, Spencer Schaeffer, Ed Gondek Citizen's Comments — None Approval of Minutes — None Old Business New Business Fire Department — We cannot borrow from the road district to pay for the fire truck so we need to amend our budget to reflect such before we submit it. Six Scott Packs from Bayside will come to Womens Bay. Bayside received these from a WMD grant. Fire Department — Budget for FY 05 was approved as amended and discussed. Road Service — Budget for FY05 was approved as submitted and discussed. Meeting was adjourned at 8:30 p.m. Next Meeting — May 10, 2004 Respe ily Submitted, Chair Person Witness ACTION ITEMS: APPROVED: AMENDED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRIC C LS U t5 Board of Education Regular Meeting — May 24, 2004 SUMMARY Motion to approve the minutes of the Regular Meeting of April 19, 2004 and the Special Meetings of May 3, 2004, May 10, 2004 and May 13, 2004. Motion to amend the agenda to add 2004/2005 Certificated Contract under New Business as item #24 and FY 05 Budget Revisions under New Business as item #25. MAY 2 7 2004 BOROUGH CLERK'S OFFICE PRESENTED: Board President Jeff Stephan presented a certificate of appreciation to Kodiak High School Volunteer of the Month Cheryl McNeil. Motion to approve the revisions /additions to School Board Policy, Section 5.37, High School Graduation, in the second reading. Motion to approve revisions /additions to School Board Policy, Section 8.2.12, Travel Authorization and Reimbursement, in the first reading and to forward the policy to the Regular Meeting of June 21, 2004 for a second reading and public hearing. Motion to support Board member Norm Wooten's candidacy for Secretary /Treasurer of the National School Boards Association. APPROVED: Motion to approve the 2004/2005 School Board Meeting Calendar as presented. APPROVED: Motion to approve the 2004 /2005 rural schools' calendars as presented. Motion to approve Purchase Requisition Number 110000526 to Friesens, Inc., in the amount of $26,443.41. Motion to approve the 2004/2005 Kodiak High School yearbook production services contract renewal to Friesens, Inc., including Purchase Requisition Number 110000013, in the estimated amount of $26,980. Motion to approve Purchase Requisition Number 459000109 to Hampton Brown in the amount of $14,076. School Board Regular Meeting Summary May 24, 2004 Page 2 APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: Motion to approve the FY 04 Migrant Education Additional Funds Application intent to apply in the amount of $19,007.27. Motion to accept the FY 04 Boarding Home Program Grant Award in the amount of $3,562. Motion to approve the 2004/2005 Custodial Supplies Bid Award to Frontier Paper, including Purchase Requisition Number 710000214 in the amount of $11,004.60. Motion to approve the Technology Plan revisions as presented. Motion to renew the contract for fire detection and suppression systems inspections with Taylor Fire Protection Services for the 2004/2005 school year, which will include Purchase Requisition Number 710000001 in the amount of $12,370. Motion to renew the contract for the 2004/2005 school year photography services with Life Touch Photography. Motion to approve the Kodiak Football League agreement for the 2004/2005 school year. Motion to renew the travel services agreement with US Travel for the 2004/2005 school year. Motion to renew the contract for Employee Benefits Consulting and Brokerage Services with Marsh for the 2004/2005 school year. Motion to approve the John F. Kennedy Center for the Performing Arts Grant intent to apply in the amount of $10,000. Motion to approve Purchase Requisition Number 110000496 to Apple Computer, Inc. in the amount of $17,861.95. Motion to approve the Enhancing Education Through Technology (E2T2) Next Step Grant intent to apply in the amount of $140,000 each year for two years, for a total of $280,000. Motion to accept the Sharing Strength Through Kayaking Grant Awards in the amounts of $10,875 from the Kodiak Area Native Association, $500 from the Native Village of Afognak, and $5,262 from the Kodiak Island Housing Authority for a total grant award of $16,637. School Board Regular Meeting Summary May 24, 2004 Page 3 APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: Motion to approve Purchase Requisition Number 459000116 to Computer Power Solutions Illinois, in the amount of $21,800. Motion to approve Purchase Requisition Number 110000471 to Kodiak Auto Parts, Inc., in the amount of $12,350.69. Motion to acknowledge receipt of the March Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $18,192,888 and year -to -date general fund expenditures in the amount of $16,420,269. Motion to approve a certificated contract for the 2004/2005 school year to Robert Burnett — MA +36/8 in the amount of $61,278, plus $350 special education stipend for 1.0 FTE School Psychologist. Motion to request the maximum funding of $8,449,834 from the Kodiak Island Borough which includes Borough appropriations of $7,533,721 and Borough In -kind of $916,113, with the additional increase of funding from the State, for a total General Fund Budget at $27,181,863. Motion to adjourn. ACTION ITEMS: APPROVED: POSTPONED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT LS 2 C 2 O V 2 Board of Education LS l5 Regular Meeting — June 14, 2004 SUMMARY Dl Motion to approve Purchase Requisition Number 720000060 to Government Computer Sales, Inc. in the amount of $40,608. JUN232004 BOROUGH CLERK'S OFFICE Motion to approve the minutes of the Regular Meeting of May 24, 2004. Motion to postpone the revision of School Board Policy, Section 8.2.12, Travel Authorization and Reimbursement, for further discussion at the Work Session of July 12, 2004. Motion to approve certificated contracts for the 2004/2005 school year to Doretha Linderman — BA +0/0 in the amount of $35,016, plus $350 for a special education stipend for 1.0 FTE Districtwide Special Education; Ray Vining — BA +18/7 in the amount of $51,474, plus $350 village stipend for 1.0 FTE Secondary Ouzinkie School; Heather Pozum — BA0 +0 in the amount of $35,016, plus $350 village stipend for 1.0 Elementary Ouzinkie School; and Marilyn Janke — MA +0/8 in the amount of $56,376, plus $350 special education stipend for 1.0 FTE Itinerant/Rural Special Education. Motion to approve the FY 05 General Office and Arts Supplies Bid award including Purchase Requisition Number 720000010 to Corporate Express in the amount of $20,415; Purchase Requisition Number 720000012 to Elgin School Supply Company, Inc., in the amount of $11,186.50; and Purchase Requisition Number 720000017 to Xerox in the amount of $32,324. Motion to approve the FY 05 Fuel Bid to Petro Star, Inc. (dba North Pacific Fuel), with a baseline price of $1.4663 per gallon for #1 and #2 heating fuel, in the estimated amount of $398,393. Motion to approve the FY 05 No Child Left Behind (NCLB) Consolidated Grant intent to apply in the amount of $1,097,881. Motion to accept the FY 04 Title IC, Migrant Education Summer grant award in the amount of $19,007. Motion to accept the FY 04 Postponing Sexual Involvement grant amendment decrease in the amount of $2,000 for a total grant award of $4,000. SCHOOL BOARD SUMMARY June 14, 2004 Page 2 APPROVED: Motion to approve the April Report of Revenues and Expenditures, year - to -date general fund revenues in the amount of $21,500,017 and year to date general fund expenditures in the amount of $18,582,654. APPROVED: Motion to adjourn. C M Providence Kodiak Island Counseling Center Clinician in- the - Schools Program May, 2004 linician Name: Dave Lussenhop onth of: May School Name # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments Kodiak High School 12 11 35 56 5 0 6 IV E, JUN 1 4 7004 KIB MANAGER One less day on site due to extra day in Akhiok School Name Akhiok School # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation 1 2 15 17 1 0 Additional Comments Clinician Name: Kathy Nussbaum School Name Kodiak High School # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 13 11 31 48 11 2 1 day in Washington DC for National Red Cross Responsibilities and 1 day in Old Harbor for crisis intervention. School Name Port Lions # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 1 2* 50 9 6 0 * One of these days was in Old Harbor for crisis intervention. School Name Main Elementary # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 4 3 + 2 eves 70 10* 4 1 National Red Cross Responsibilities *Went to Woody Island 5 th grade camp so this is difficult to measure. Clinician Name: Aimee Tastad School Name Kodiak Middle School # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 16 14 30 100 20 0 1 day spent in Old Harbor; 1 workday I went with the SPED program to their picnic and swim trip. School Name Main Elementary # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 3 3 24 50 15 0 In one First grade class, I did the Good /Bad touch program this month. School Name Old Harbor # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 1 1 30 30 8 0 I keep in regular contact with the staff in Old Harbor via email at least once a week as well as phone calls when needed. Clinician Name: Lola Lind School Name Ouzinkie # Days Expected on Site # Days on Site # Students Served # Professional /Parent Consults # Days on Leave Explanation Additional Comments 1 1 2 2* # Student Contacts 6 0 * Helped with graduation prep School Name North Star # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments 10 8* 90 * ** 50 ** 43 2 * 2 days emergency family leave ** contact numbers also affected by class trips and special classroom activities * * * provided good touch/bad touch presentations in 3 K -1 classrooms School Name # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments Peterson 7 6* 102 * ** 29 ** 27 1 * 1 day emergency family leave ** contact numbers also affected by class trips and special classroom activities * * * provided good touch/bad touch presentations in 5 K -2 classrooms Clinician Name: Joanna McFarlin School Name East # Days Expected on Site # Days on Site # Students Served # Student Contacts # Professional /Parent Consults # Days on Leave Explanation Additional Comments Clinician: Melanie Nelson School Name: Chiniak Phone contact was made with teacher during last three months. Intensive services were provided to one Chiniak school family with two students enrolled at Chiniak school. The family was seen for outpatient services at the Counseling Center due to the intense level of need. Therapist aided family in placing one child in residential treatment. Family and individual therapy have been utilized. 20 20 57 135 173 0 I presented the safety lesson (good Touch/bad touch) to 9 classrooms. k -2 " grade as requested by Mr. Fried JOINT ASSEMBLY /CITY COUNCIL WORK SESSION June 30, 2004 - 7:30 p.m. Borough Conference Room AGENDA CITIZENS' COMMENTS (limited to three minutes per speaker) ITEMS FOR DISCUSSION 1. Municipal Airport Planning 2. Crab Co -Op Gulf Committee 3. Swimming Pool 4. Annexation 5. Junk Removal 6. E911 System Date: Ivlay 11, 2004 To: All Airport Users From: Mark Kozak, Public Works Director Subject Introduction to Airport System Plan AL-4, Mark Kozak Public Works Director CITY OF KODIAK 2410 Mill Bay Road, KODIAK, ALASKA 99615 Notice of Startup of Kodiak Municipal Airport System Plan Public Works Department 907- 486 -8060 Voice 907 -486 -8066 Fax The City of Kodiak has hired DOWL Engineers to complete a Kodiak Municipal Airport System Plan. The purpose of the System Plan is to identify how to develop the City of Kodiak Airports over the next 20 years. Plans will be developed for the Kodiak Municipal Airport, Lilly Lake Seaplane Base, and Trident Basin Seaplane Base. We understand there are existing airport design and safety concerns with these airports. DOWL will document the existing problems, how they could be corrected, and the costs of correcting them. They will also identify the risks of doing nothing. DOWL will complete the System Plan over the next 18 months. They will begin by interviewing and collecting data from many of the airport users, FAA, neighbors and others who have an interest in the airports. We urge you to assist them by sharing information, opinions, and experience using these airports. 1. Introductions Kodiak Municipal Airport System Plan City/Borough Coordination Meeting Agenda 2. Purpose of System Plan • Identify what would be required to develop Municipal Airports to FAA safety standards • Identify the risks of continuing the status quo • Present the information to the City, Borough, users and public • Prepare a Master Plan and Airport Layout Plan of selected option 3. Project Scope of Work/Schedule • Data collection — under way; August • Forecasts — just starting; August • • Facility Requirements /Alternatives; November • Risk Assessment; November • Draft Plan; June 05 • Final Plan; August 05 • 3 interim reports 4. Purpose/Results of this Trip to Kodiak 5. City/Borough Ideas/Issues 6. Public Involvement • Initial informal user contact • 4 Public Meetings — open house prior to City Council presentations • 4 Technical Committee Meetings • First public meeting in June to introduce project /issues 7. Technical Advisory Committee Members? • City, Borough, FAA, Users, Neighbors, Community Leaders • Preferably no more than 8 — 10 • First meeting in June before public meeting KDIAK 5 Y 5 T E M P L A N Initial Public Meeting June 29, 2004 7:00 - 7:30 Open House 7:30 - 8:00 Presentation 8:00 - 9:00 Discussion IAK MUNICIPAL . A AIRPORTS • Overview • What is an ai •ort master •Ian? • Initial issues • Safety zones • Preliminary Forecast • Schedule • How can you be involved? • Next steps • Discussion K DIAK What is an Airport Master Plan? MUNICIPAL AIRPORTS • 20 year development plan • Shows airport, FAA, and tenant facilities • Required for Federal funding • Report explains recommendations • Plan for meeting FAA safety standards • Airport layout plan drawings with FAA safety zones • Land use planning and zoning near airport K f17IA1C May 2004 Field Trip MUNICIPAL AIRPORTS • Visited with key personnel: — City of Kodiak — Kodiak Island Borough — Local Air Taxi Operators — Tower Chief at State Airport — Several Private Pilots • Toured Municipal, Lilly Lake, and Trident • Made photographs and collected historical documents • Identified potential issues for Master Plan IIAK What is an Airport Master Plan? MUNICIPAL AIRPORTS Master Plan Steps • Inventory (ongoing) • Forecasts (ongoing) • Facility Requirements • Alternatives • Risk Assessment • Capital Improvement Program • Final Report and Airport Layout Plan IIAK General Issues MUNICIPAL AIRPORTS • Municipal and Lilly Lake do not meet some FAA safety standards • What is the role of each of the city's airports? - Should there be commercial ops at Muni and Lilly? • Interaction with the State airport • Trends in commercial aviation on Kodiak Island • Impact on travel to villages and lodges • Zoning and development around Muni and Lilly • Maintenance and financial issues • Radio communications /control zone 1 ID/AK Issues at Municipal MUNICIPAL AIRPORTS • Runway — The Hump," Line -of -sight issue — Runway length — Safety zones around the runway — Buildings and trees beneath approach — Vehicles and people on runway — Pavement condition and width — Airfield lighting and navigational aids — Drainage K IAK Issues at Municipal M •� N • ICIP _ ••• AI � w _ S • Lease Lots and Other Issues — Additional lease space — Transient tie -downs — Utilities — Fencing — Vehicle parking — Vehicle access road — Land use planning — Helipad? — Noise? — Weather / wind data KIAK Issues at Trident Basin MUNICIPAL AIRPORTS • Runway — Personal watercraft — Subsurface rocks / logs • Dock area — Addition of pull -out ramp and land apron — Condition / design of docks — Fuel sales IAK Approach to Runway 02 MUNICIPAL AIRPORTS s ems /AK Issues at Lilly Lake MUNICIPAL AIRPORTS • Runway — Line -of -sight issue with Municipal — Runway length — Safety zones around the runway — Trees in south approach — Condo in north approach — Wildlife on lake Access — Transient slips — Access to lake across non - aviation lots 2 KTDIAK Why Runway Safety Standards? MUNICIPAL AIRPORTS GA Arrival Crashes -5.000 — ° • — °m..:?: ° • - ° ° • �..•� ,rye - 1 ID/AK Issues at Municipal MUNICIPAL AIRPORTS • Runway — The Hump," Line -of -sight issue — Runway length — Safety zones around the runway — Buildings and trees beneath approach — Vehicles and people on runway — Pavement condition and width — Airfield lighting and navigational aids — Drainage K IAK Issues at Municipal M •� N • ICIP _ ••• AI � w _ S • Lease Lots and Other Issues — Additional lease space — Transient tie -downs — Utilities — Fencing — Vehicle parking — Vehicle access road — Land use planning — Helipad? — Noise? — Weather / wind data KIAK Issues at Trident Basin MUNICIPAL AIRPORTS • Runway — Personal watercraft — Subsurface rocks / logs • Dock area — Addition of pull -out ramp and land apron — Condition / design of docks — Fuel sales IAK Approach to Runway 02 MUNICIPAL AIRPORTS s ems /AK Issues at Lilly Lake MUNICIPAL AIRPORTS • Runway — Line -of -sight issue with Municipal — Runway length — Safety zones around the runway — Trees in south approach — Condo in north approach — Wildlife on lake Access — Transient slips — Access to lake across non - aviation lots 2 Why Runway Safety Standards? ./AK MUNICIPAL AIRPORTS GA Departure Crashes • t • �� F � semveeaa '. I I IZ - IAK Typical FAA Safety Standards MUNICIPAL AIRPORTS Wffi.EDIAIC Preliminary Forecast Info MUNICIPAL AIRPORTS Aviation issues — Island Air performs 90 -95% of operations at Municipal — Most flights at Municipal bring residents from villages — Island Air has new competition — Smaller operators fly charters from all three airports — Charters are shifting from fisheries to tourism gradually • Reasons for growth — Remote lodges, recreation and tourism • Reasons for decline — Increased competition and operating costs for air carriers — Decline in fisheries business — Safety issues at Municipal and Lilly Lake — Costs IIAK Typical FAA Safety Standards MUNICIPAL AIRPORTS • 90 B9 30 0B Nd300" I r L_.)R Plan View 250 "500fl 1200 900 800 300 0 B 300 600 900 Side View P,, ,ay Surface LAIC Preliminary Forecast Info MUNICIPAL AIRPORTS • Diverse economy with strong seasonal component - Tourism, fish, transportation, aerospace, military • Tourism — Growing slowly overall, with stronger growth in lodges, bear viewing, eco tours, cultural and historic tours • Fisheries - Slight decrease in recent years; down 1 - 7% • Rocket Launch Facility and Coast Guard - Forecasted to continue providing jobs • Gross sales in Kodiak up 2.6% per year • Population decreased 1% during last 10 years — ID/AK Schedule MUNICIPAL AIRPORTS • Initial field trip • Public Meeting 1 — Issues • Issues /inventory complete • Public Meeting 2 — Alternatives • Facility requirements and alternatives complete • Public Meeting 3 — Draft Plan • Master plan report complete May, 2004 June, 2004 September, 2004 November, 2004 February, 2004 March, 2005 June, 2005 3 KDIAK Next Steps MUNICIPAL AIRPORTS • Finish items currently underway: — Issues identification — Inventory — Forecast • Technical committee meetings • Alternatives preparation • Public meeting — November 2004 IAK How Can You Be Involved? MUNICIPAL AIRPORTS • 4 public meetings • Technical committee • Tom Middendorf with DOWL Engineers: — Toll -free hotline: (866) 550 -2806 — Email: tmiddendorf@dowl.com — Fax: (907) 563 -3953 — Mail: 4040 B Street, Anchorage, AK 99503 • Mark Kozak with City of Kodiak: — Phone: (907) 486 -8060 — Email: mkozak @city.kodiak.ak.us — Fax: (907) 486 -8066 — Mail: 2410 Mill Bay Road, Kodiak, AK 99615 4 Airport Geometry and Airspace Definitions Runway Safety Area (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway. The runway safety area shall be: (1) cleared and graded and have no potentially hazardous ruts, humps, depressions, or other swface vzu (2) drained by grading or storm sewers to prevent water accumulation; (3) capable, under dry conditions, of supporting snow removal equipment, aircraft rescue and firefighting equipment, and the occasional passage of aircraft without causing structural damage to the aircraft; and (4) free of objects, except for objects that need to be located in the runway safety area because of their function. Object Free Area (OFA). An area on the ground centered on a runway or taxiway centerline provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes. Runway Protection Zone (RPZ). An area off the runway end to enhance the protection of people and property on the ground. An RPZ is trapezoidal in shape and centered about the extended runway centerline. An RPZ generally begins 200 ft beyond the runway end. Primary Surface. An imaginary surface longitudinally centered on a runway that generally extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface varies from 250 to 1,000 feet depending on the type of approach available. Construction or modification of objects that penetrate the primary surface must be reported to the FAA so that an airspace study may be performed. Approach Surface. An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is defined for each end of a runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and the length and width of the approach surface depend on the type of approach. The approach surface has a slope of 20:1 for visual approaches, 34:1 for all nonprecision instrument approaches and 50:1 for all precision instrument approaches. Construction or modification of objects that penetrate the approach surfaces must be reported to the FAA so that an airspace study may be performed. Transitional Surface. An imaginary surface that extends outward and upward at a slope of 7:1 from both sides of the primary surface and from the sides of the approach surfaces. Construction or modification of objects that penetrate the transitional surfaces must be reported to the FAA so that an airspace study may be performed. References: FAA Advisory Circular 150/5300 -13 - Airport Design Federal Aviation Regulations, Part 77 - Objects Affecting Navigable Airspace E KI MAK MUNICIPAL AIRPORTS SYSTEM PLAIN Public Meeting — June 29, 2004 Please provide: Name: Address: City: E -Mail: State: Comments on Airport Issues and Improvements. KODIAK MUNICIPAL AIRPORTS SYSTEM PLAN PUBLIC MEETING NO. 1 Zip: DOWL d EN01NEEPS DOWL Engineers Kodiak Municipal Airports System Plan Attention: Tom Middendorf 4040 B Street Anchorage, Alaska 99503 MUNICIPAL Al1LYUKI' Y S T E M P L . N Initial Public Meeting June 29, 2004 7:00 - 7:30 Open House 7:30 - 8:00 Presentation 8:00 - 9:00 Discussion KD IAK MUNICIPAL AIRPORTS • What is an airport master plan? Overview • Initial issues • Safety zones • Preliminary Forecast • Schedule • How can you be involved? • Next steps • Discussion KIM. LAIC What is an Airport Master Plan? MUNICIPAL AIRPORTS • 20 year development plan • Shows airport, FAA, and tenant facilities • Required for Federal funding • Report explains recommendations • Plan for meeting FAA safety standards • Airport layout plan drawings with FAA safety zones • Land use planning and zoning near airport IZ:■IAK May 2004 Field Trip MUNICIPAL AIRPORTS • Visited with key personnel: — City of Kodiak — Kodiak Island Borough — Local Air Taxi Operators — Tower Chief at State Airport — Several Private Pilots • Toured Municipal, Lilly Lake, and Trident • Made photographs and collected historical documents • Identified potential issues for Master Plan RW.DIA1C What is an Airport Master Plan? MUNICIPAL AIRPORTS Master Plan Steps • Inventory (ongoing) • Forecasts (ongoing) • Facility Requirements • Alternatives • Risk Assessment • Capital Improvement Program • Final Report and Airport Layout Plan I7IAK General Issues MUNICIPAL AIRPORTS • Municipal and Lilly Lake do not meet some FAA safety standards • What is the role of each of the city's airports? - Should there be commercial ops at Muni and Lilly? • Interaction with the State airport • Trends in commercial aviation on Kodiak Island • Impact on travel to villages and lodges • Zoning and development around Muni and Lilly • Maintenance and financial issues • Radio communications /control zone 1 WW5/AIC Issues at Municipal MUNICIPAL AIRPORTS • Runway — "The Hump," Line -of -sight issue — Runway length — Safety zones around the runway — Buildings and trees beneath approach — Vehicles and people on runway — Pavement condition and width — Airfield lighting and navigational aids — Drainage RWDLAK Issues at Municipal MUNICIPAL AIRPORTS • Lease Lots and Other Issues — Additional lease space — Transient tie -downs — Utilities — Fencing — Vehicle parking — Vehicle access road — Land use planning — Helipad? — Noise? — Weather / wind data Ka)/AK Issues at Trident Basin MUNICIPAL AIRPORTS • Runway — Personal watercraft — Subsurface rocks / logs • Dock area — Addition of pull -out ramp and land apron — Condition / design of docks — Fuel sales IIAK Approach to Runway 02 MUNICIPAL AIRPORTS /AK Issues at Lilly Lake MUNICIPAL AIRPORTS • Runway — Line -of -sight issue with Municipal — Runway length — Safety zones around the runway — Trees in south approach — Condo in north approach — Wildlife on lake Access — Transient slips — Access to lake across non - aviation lots 2 KD IAK Why Runway Safety Standards? MUNICIPAL AIRPORTS GA Arrival Crashes &000 1.000' -- 10 0001 — ° o e m ° ° tee °ems ° , e.,*, 0 b • • — e n 0 ,• 0 e ° ° e ve ° e °° ° ° ° ° • ° 4° ° ° e ,°a WW5/AIC Issues at Municipal MUNICIPAL AIRPORTS • Runway — "The Hump," Line -of -sight issue — Runway length — Safety zones around the runway — Buildings and trees beneath approach — Vehicles and people on runway — Pavement condition and width — Airfield lighting and navigational aids — Drainage RWDLAK Issues at Municipal MUNICIPAL AIRPORTS • Lease Lots and Other Issues — Additional lease space — Transient tie -downs — Utilities — Fencing — Vehicle parking — Vehicle access road — Land use planning — Helipad? — Noise? — Weather / wind data Ka)/AK Issues at Trident Basin MUNICIPAL AIRPORTS • Runway — Personal watercraft — Subsurface rocks / logs • Dock area — Addition of pull -out ramp and land apron — Condition / design of docks — Fuel sales IIAK Approach to Runway 02 MUNICIPAL AIRPORTS /AK Issues at Lilly Lake MUNICIPAL AIRPORTS • Runway — Line -of -sight issue with Municipal — Runway length — Safety zones around the runway — Trees in south approach — Condo in north approach — Wildlife on lake Access — Transient slips — Access to lake across non - aviation lots 2 Z IAK Why Runway Safety Standards? MUNICIPAL AIRPORTS GA Departure Crashes { • • e • 000are m, End of nuns, ne KDIAK Typical FAA Safety Standards MUNICIPAL AIRPORTS KD IAK Preliminary Forecast Info MUNICIPAL AIRPORTS • Aviation issues — Island Air performs 90 -95% of operations at Municipal — Most flights at Municipal bring residents from villages — Island Air has new competition — Smaller operators fly charters from all three airports — Charters are shifting from fisheries to tourism gradually • Reasons for growth - Remote lodges, recreation and tourism • Reasons for decline — Increased competition and operating costs for air carriers — Decline in fisheries business — Safety issues at Municipal and Lilly Lake — Costs 73IAK Typical FAA Safety Standards MUNICIPAL AIRPORTS 90 60 30 08 240 -300 a r Plan View Primary Surface Runway Safely M 250 - 5008 — 1200 900 600 300 0 8 300 600 900 Side View R5PEDIAIC Preliminary Forecast Info MUNICIPAL AIRPORTS • Diverse economy with strong seasonal component - Tourism, fish, transportation, aerospace, military • Tourism — Growing slowly overall, with stronger growth in lodges, bear viewing, eco tours, cultural and historic tours • Fisheries - Slight decrease in recent years; down 1 - 7% • Rocket Launch Facility and Coast Guard - Forecasted to continue providing jobs • Gross sales in Kodiak up 2.6% per year • Population decreased 1% during last 10 years WIC :D Schedule MUNICIPAL AIRPORTS • Initial field trip • Public Meeting 1 — Issues • Issues /inventory complete • Public Meeting 2 — Altematives • Facility requirements and alternatives complete • Public Meeting 3 — Draft Plan • Master plan report complete May, 2004 June, 2004 September, 2004 November, 2004 February, 2004 March, 2005 June, 2005 3 IAK Next Steps MUNICIPAL. AIRPORTS • Finish items currently underway: — Issues identification — Inventory — Forecast • Technical committee meetings • Alternatives preparation • Public meeting — November 2004 Imo_ IAK How Can You Be Involved? MUNICIPAL AIRPORTS • 4 public meetings • Technical committee • Tom Middendorf with DOWL Engineers: — Toll -free hotline: (866) 550 -2806 — Email: tdddendorf@dowl.com — Fax: (907) 563 -3953 — Mail: 4040 B Street, Anchorage, AK 99503 Mark Kozak with City of Kodiak: — Phone: (907) 486 -8060 — Email: mkozak @city.kodiak.ak.us — Fax: (907) 486 -8066 — Mail: 2410 Mill Bay Road, Kodiak, AK 99615 4 Airport Geometry and Airspace Definitions Runway Safety Area (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway. The runway safety area shall be: (1) cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface vaiiat (2) drained by grading or storm sewers to prevent water accumulation; (3) capable, under dry conditions, of supporting snow removal equipment, aircraft rescue and firefighting equipment, and the occasional passage of aircraft without causing structural damage to the aircraft; and (4) free of objects, except for objects that need to be located in the runway safety area because of their function. Object Free Area (OFA). An area on the ground centered on a runway or taxiway centerline provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes. Runway Protection Zone (RPZ). An area off the runway end to enhance the protection of people and property on the ground. An RPZ is trapezoidal in shape and centered about the extended runway centerline. An RPZ generally begins 200 ft beyond the runway end. Primary Surface. An imaginary surface longitudinally centered on a runway that generally extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface varies from 250 to 1,000 feet depending on the type of approach available. Construction or modification of objects that penetrate the primary surface must be reported to the FAA so that an airspace study may be performed. Approach Surface. An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is defined for each end of a runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and the length and width of the approach surface depend on the type of approach. The approach surface has a slope of 20:1 for visual approaches, 34:1 for all nonprecision instrument approaches and 50:1 for all precision instrument approaches. Construction or modification of objects that penetrate the approach surfaces must be reported to the FAA so that an airspace study may be performed. Transitional Surface. An imaginary surface that extends outward and upward at a slope of 7:1 from both sides of the primary surface and from the sides of the approach surfaces. Construction or modification of objects that penetrate the transitional surfaces must be reported to the FAA so that an airspace study may be performed. References: FAA Advisory Circular 150/5300 -13 - Airport Design Federal Aviation Regulations, Part 77 - Objects Affecting Navigable Airspace IAK MUNICIPAL AIRPORTS SYSTEM PLAN Public Meeting — June 29, 2004 Please provide: Name: Address: City: E -Mail: State: KODIAK MUNICIPAL AIRPORTS SYSTEM PLAN PUBLIC MEETING NO. 1 Zip: Comments on Airport Issues and Improvements. DOWL d E N 0 1 N E E R e DOWL Engineers Kodiak Municipal Airports System Plan Attention: Tom Middendorf 4040 B Street Anchorage, Alaska 99503 Message Page 1 of 3 Judi Nielsen From: Freed, Linda [Ifreed @city.kodiak.ak.us] Sent: Wednesday, May 19, 2004 12:52 PM To: Bud Cassidy; Judi Nielsen SuhjPct: FW' Crab Ratinnali7ation - Community Purchase Entity Linda L. Freed City Manager, City of Kodiak 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486 -8640 (voice) (907) 486 -8600 (fax) Ifreed@city.kodiak.ak.us Original Message From: Joe Sullivan [mailto:JSullivan ©mundtmac.com] Sent: Tuesday, April 27, 2004 4:36 PM To: Freed, Linda Subject: Crab Rationalization - Community Purchase Entity Hello Linda: 5/20/2004 Below, is the background information for the crab item on the joint work session. Sorry to take so long to get the information to you. I sent an electronic copy to Pat on 4/30/04, but I failed to copy you. Thanks You asked that I prepare a brief discussion paper concerning Kodiak's exercise of its right of first refusal on processor quota shares under the Bering Sea /Aleutian Islands crab rationalization program. My response follows. The first section provides some general background on the relevant provisions of the crab rationalization program. The second section provides some guidance on how the community purchase entity must be structured. The final section identifies some general issues that will need to be addressed in the initial stages of the City's and Borough's discussions. 1. Background. The Bering Sea /Aleutian Islands crab rationalization program includes provisions that give communities that have crab processing history that generates at least three percent (3 %) of the initial processor quota share allocation for any BSAI crab fishery the eligibility to purchase harvest quota shares ( "QS "), and to exercise a right of first refusal with respect to crab processing quota shares based on processing history in the community which are offered for sale for processing outside of the community. In addition to the general right of first refusal provision, there is a specific provision concerning communities in the Gulf of Alaska north of 56 degrees 22 minutes North latitude that meet the three percent threshold. Groups representing those communities will have a right of first refusal to purchase processing QS which is proposed to be transferred from unqualified communities in the identified Gulf of Alaska area. The entity granted the right of first refusal must be designated by the community it represents at least 90 days prior to the deadline for submission of applications for initial allocations of processor QS. The right of first refusal is triggered by the seller delivering a copy of the proposed contract for sale of the processor shares to the designated community entity. From the date of delivery of the contract, the community purchase entity has 60 days to provide the seller with notice of its intent to exercise the right of Message rage Z oa s first refusal, and earnest money in an amount equal to 10 percent of the contract amount or $500,000, whichever is Tess. If the community chooses to exercise the right of first refusal, it must perform all of the terms of the contract within 120 days of receipt of the contract or the time for performance specified in the contract, whichever is later. For communities other than those represented by Community Development Quota groups, the entity eligible to exercise the right of first refusal or purchase shares on behalf of the community is to be identified by qualified city or borough. However, if the qualified city is in a borough, the qualified city and borough must agree on the entity. Ownership and management of harvest and processor shares by community entities in non -CDQ communities will be subject to rules established by the halibut and sablefish community purchase program. 2. The Community Purchase Entity. As noted above, the ownership and management of harvest and processor shares by community entities in non -CDQ communities will be subject to rules established by the halibut and sablefish community purchase program. Those regulations are not yet final. However, the proposed rule for that program provides some general guidance concerning the type of entity that would need to be formed to purchase crab harvester QS and /or exercise rights of first refusal concerning crab processor QS. Under the halibut and sablefish IFQ purchase program, the community purchases are exercised by a "community quota entity" or "CQE ". To become eligible to exercise rights under the program, the entity must be an Alaska non - profit corporation. Prior to receiving IFQ, it must submit an application to NMFS that includes: (i) its articles of incorporation and bylaws; (ii) a statement designating the eligible community or communities it represents; (iii) a list of key management personnel, including but not limited to its board of directors, officers, representatives and managers, if any; (iv) a description of the organizational management structure of the entity, including resumes of management personnel; (v) a description of how the entity is qualified to manage QS on behalf of the community or communities it represents, and a demonstration that it has the management expertise to do so. In addition to submitting the corporate information listed above, the entity must also submit a statement describing the procedures it will use to determine the distribution of QS within its community, including: (i) procedures it will use to solicit requests from residents to lease QS; and (ii) criteria it will use to determine the distribution of QS leases among qualified community residents, and the relative weighting of those criteria. The entity must also submit a resolution of support from the eligible community or communities it represents. When it received QS, the CQE would be required to lease the related rights to one or more of the residents of the community or communities it represents. Each lease would be made on an annual basis. The amount of QS that a CQE entity could lease to any single community resident will be limited to ensure broad distribution of QS among community residents. Eligibility to lease will be restricted to permanent residents of the eligible community. Under the halibut and sablefish program, a CQE would be restricted to selling its QS to generate revenues to improve, sustain or expand the opportunities for residents in its communities to participate in the halibut and sablefish IFQ fisheries. Each year, the CQE will have to report to NMFS regarding the use of QS by its residents. While it is not yet clear how directly the crab rationalization community purchase regulations will track the halibut and sablefish community purchase regulations, it is fair to assume the general structure outlined above will apply under the crab program. 5/20/2004 Message Page 3 of 3 3. General Issues. A. Eligibility. As we have discussed, under the confidentiality provisions of the crab rationalization EIS, we are not able to confirm that Kodiak will meet the three percent threshold that determines harvester share purchase and right of first refusal eligibility. We will be proposing that Kodiak request the North Pacific Fishery Management Council address this issue by naming Kodiak as an eligible community when it takes final action on the preferred alternative at its June meeting. B. Timing. To be eligible to exercise a right of first refusal under the crab rationalization program, the entity must be formed at least 90 days before the PQS application period opens. Under the current Council timeline, the target date for opening of the application period is early next year. Therefore, the City and the Borough should have a target formation of the entity for the latter part of this year, with a careful eye on the agency's progress toward implementation. C. Management. The CQE will have very short time periods within which to decide whether it will exercise a right of first refusal, and to perform under the related contract if it chooses to do so. Therefore, it will be essential that the entity have management personnel with sufficient sophistication and authority to be able to make and act on decisions quickly. D. Funding. To exercise a right of first refusal, the CQE will have to be able to make an earnest money deposit of the lesser of 10% of the contract amount or $500,000 within 60 days of receiving a copy of the related PQ sales contract. Further, the entity will have to be in a position to close the transaction within 120 days of receiving the contract or within the closing deadline specified in the contract, whichever is later. This will effectively require the CQE to be front -end funded, if it is to have a meaningful opportunity to exercise the right of first refusal. E. PQS Use. The CQE may be required as a condition of eligibility to provide NMFS with the procedure it will use to solicit requests to lease the QS it purchases and criteria for distributing the same among its residents. Even is it is not required to do so for that purpose, this is likely to be one of the key issues on which it will be necessary to reach a fairly high degree of consensus for the entity to have political support from City and Borough residents. Therefore, this issue should be addressed early in the organization's development. As with all decisions concerning distribution of fishing rights, this is certain to be somewhat contentious. I have been informed by your assistant, Lana, that the City /Borough work session regarding this issue has been postponed until May 26th. If that is the case, it may be helpful for us to discuss the issues addressed above prior to distributing a document for City /Borough consideration. By the way, I plan to be in Kodiak from the morning of the 26th through the 29th. I would be happy to attend the work session, if that would be helpful. 5/20/2004 Respectfully, Joe PO Box 1401 Kodiak, AK 99615 March 28, 2004 Mr. Pat Carlson, City Manager City of Kodiak Dear Sir, I have been a Kodiak resident for 41 years. Over the years I have witnessed the growing pains of the city, the struggles, the high achievements of our local governments to better the quality of life for the whole community. I am appalled by the conditions of certain private properties and the tolerant attitude of our elected officials toward unregulated, unlicensed junkyards practically downtown. I have enclosed 3 photos of 2 lots, right behind our post office. One of the lots is facing Willow Street that has 9 junked, vandalized vehicles parked on it. The second lot is right behind the post . office. A broken down runabout and other unusable fishing gear mixed with scrapped lumber and other debris make a rodents paradise and a public health hazard. If we collectively look the other way and let things slide, our city will slowly turn into a garbage dump. Do you think that the present conditions will help the Chamber of Commerce to attract more tourists? I am sure you will agree that the existing conditions are deserving of your attention through ought our community. Sincerely, - 4-ca5/0 —14, 1 -€. Laszlo Lemhenyi -Hanko Enclosures: photos c _ b4 1 -.ems. -- The work session began at 7:35 p.m. Public Comments WORK SESSION NOTES Tuesday, May 25, 2004 Mayor Carolyn L. Floyd and Councilmembers Josefina F. Rosales, Gabriel T. Saravia, and Barbara J. Stevens were present. Councilmember Charles E. Davidson arrived at 7:47 p.m. Councilmembers Thomas D. Walters and David M. Woodruff were absent. City staff present: City Manager Linda Freed, and Deputy Clerk Patti Kirkpatrick. Jan Chatto urged the Council to take an aggressive stand on junk removal from private and public property and expressed a desire to assist with publicity of the problem/solution. Letitia Raub, executive director of the Kodiak Women's Crisis and Resource Center, urged the Council to fund local nonprofit organizations, many of which had lost revenue from the State. In response to Ms. Raub' s concerns, Manager Freed explained that traditionally, 1% of the general fund was used to support nonprofit organizations. Rob Lindsay provided information on an upcoming adult soap box race during Crab Festival and requested permission from the Council for street closures at Baranof Park. The Council directed that the adult soap box derby race be added to Resolution No. 04-20 to provide for the requested street closure. Additionally, he would provide information on his street closure request for the 4th of July adult soap box race. Agenda Packet Review. Councilmembers reviewed the May 27, 2004, regular meeting agenda packet. Junk Removal. Manager Freed provided an overview of State Statute, Borough Code, and City Code requirements for removal of junk from public and private property and explained that $15,000 was added to the FY'05 budget for junk removal. In response to Ms. Chatto, Manager Freed explained the State allowed the City to charge an additional tax upon registering vehicles to help offset the cost of junk removal. The Council directed staff to put this item on the June 30, 2004, joint work session agenda with the Borough. Nonprofit Funding. After discussion of funding criteria, the Council directed staff to create a matrix that would show the following information: • grant applicant • previous year funding amount • current funding request • description of how the agency's services supported or complimented the powers of the City of Kodiak • identification of the delivery area of the agency's services and the population served • specification of exactly how the requested funds would be used Work Session Notes April 6, 2004 Page 3 of 4 Public Comments: Jan Chatto, retired teacher, voiced concern with the community's junk vehicle problem, noting - .1 1 •1 1 .1 • Manager Freed explained the difference between the City and Borough process to address junk vehicles, noting the City would spend approximately $30,000 for vehicle towing during the current year and explained she had intended to include the item on the next work session agenda to be scheduled for discussion. The Council directed staff to place the item on the May 25th work session agenda. Agenda Packet Review. Councilmembers reviewed the April 8, 2004, regular meeting agenda packet. • Determination of the Necessity of Creating the Alder Lane/Natalia Way, Erskine Avenue, and Steller Way Assessment Districts. The Council reviewed letters from property owners requesting a waiver or reduction to the proposed assessments for their property. The Council spoke in favor of the assessment reductions recommended by the City Engineer. • Authorization of Bid Award for Fork Lift. In response to Councilmember Woodruff, Manager Freed explained that the forklift acquisition was handled as a bid request process, and she would check with the Public Works Director to determine if Independent Forklift had submitted a bid. Letter to the Legislature Requesting Action on Fiscal Plan. The Council reviewed a letter from the Alaska Municipal League that had been drafted by a large group of business and civic organizations that offered public support for the legislature to act on a fiscal plan this year. Councilmembers voiced opposition to signing a letter that included a State -wide sales tax as part of a fiscal plan. Review of Signalization of Marine Way/Rezanof Intersection. Manager Freed reported the State Department of Transportation presented three different signalization options to consider. Option 1 would leave the light as a flashing light, but could include installation of new hardware and equipment for future use, Option 2 would include phased signal use without Alder Lane realignment, and Option 3 would implement a full -phase light and standardize the lane alignment. In order to implement Option 3, the State would need to acquire additional property to line up Alder Lane to Rezanof. The State did not expect Kodiak to need a full -phase light until the year 2025, and 2006 was the projected date to start work on the "Y". After a brief discussion, the Council directed staff to recommend that the State leave the light as is with the installation of new hardware for the future. Concerns about crosswalk markings was also discussed. Manager Freed would follow up with DOT on crosswalk markings pending completion of the "Y" project. Fishery Issues. Councilmember Woodruff reported the North Pacific Fishery Management Council meetings in Anchorage were over, and the State water cod fishery was slow due to inclement weather. Additional Items from Staff: Aso TO: Linda Freed, City Manager FR: Ian Fulp, Parks and Recreation Director 5 .--f DT: Tuesday, July 6, 2004 RE: City Cost of Staffing a New Swimming Pool D E CEOVEln JUL - T 2004 ig BOROUGH CLERK'S OFFICE Following are three different ways a new swimming pool could be staffed by the city. Although these three are labeled Option One, Two and Three, they are not in order of recommended preference. Option One: A pool manager could be hired to manage the facility and staff and to organize, promote and direct the programs. An assistant manager or head lifeguard could be hired to manage the facility and staff on evenings and weekends and an office assistant/receptionist hired to answer the phone and greet the public on weekdays. Option One staffing would run from $36,000 to $50,000 for a pool manager, $29,000 to $40,000 for the assistant manager and $24,000 to $34,000 for a receptionist. Part-time employees without benefits might be an additional $50,000. Total cost for Option One salaries and wages with benefits would be about $210,000. Option Two: In Option Two a pool manager would be hired but not an assistant. An office assistant /receptionist would be hired to answer the phone and greet the public during business hours on weekdays. Option Two staffing would run from $36,000 to $50,000 for a pool manager, $24,000 to $34,000 for a receptionist. Part-time employees without benefits might be an additional $60,000. Total cost for Option Two salaries and wages with benefits would be about $170,000. Option Three: Existing personnel would serve the function of the pool manager and a part-time temporary employee would help manage the facility and staff on evenings and weekends. The office assistant/receptionist could be moved from the Teen Center to the aquatic facility to answer the phone and greet the public during business hours on weekdays. Registrations for all of the department's programs and activities would be moved from the Teen Center to the aquatic facility. The Teen Center wouldn't be staffed until 3 p.m., when the school day ends. Option Three staffing, not counting the $24,000 to $34,000 for the Teen Center Receptionist, would be $75,000 —the same as what is in the FY -05 budget. Revenue: A new facility might allow an increase in revenue without a subsequent decrease in participation. The attached chart shows information for pools in Juneau, Nikiski, Ketchikan and Cordova. At one dollar for youth and two for adults, our admission fees are less than any of the four. attachment Juneau Nikiski Ketchikan Cordova Pool Name Augustus Brown Mike Smithers Contact Dave Lewis Nagel Lariccia Karen Taylor Phone 907 - 586 -0472 907 - 776 -8800 907 - 225 -2010 907 -424 -7200 Full -Time Personnel Pool Mana•er $44,850 - $58,500 $39,000 - $52,650 $35,360 - $43,326 $40,800 - $73,200 $33,600 - $57,600 $32,115 Asst. Mgr / Head LG Office Asst. /Recept. $27,300 - $35,100 $11.15/HR Custodian $25,350 - $33,150 Other 4 LGds @ $11.15/HR Part-Time, with Benefits Sup, LGds, Instr $21,125 - $27,625 Six 1/2 or 3/4 NONE Part-Time, No Benefits Lifeguards $13- $17 /HR $8 - 9 /HR $8.50 /HR 9.05 /HR Instructors $13- $17 /HR $8 - 9 /HR $10 -14 /HR 9.05 /HR Cashiers $8.22 - $10.75/HR Done by LGds $8.50 /HR 9.05 /HR SaI/Wages Budget $585,600 $343,000 $66,451 Revenue $330,000 (information coming) $30,078 Facility Built/Renovated 1989 1995 ? (Old Pool) Length 25 Yard 25 Yard 25 Yard 25 Yard Lanes Six Six Six Six Water Slide NO Yes NO NO Diving Well NO Yes NO NO Wading Area NO Yes NO NO Warm -Water Pool 35x45 feet NO 40x40 feet NO Diving Boards Two One Two One Weight Area Yes NO NO NO Spectator Seating 420 No Swim Meets 200 ** None Sauna Yes Yes Yes NO Other 2 RB Courts Filters High -Rate Sand High Press. Sand Sand Sanitizer CI /Salt Generator Ca(OCI)2 Ca(OCI)2 Manual Feed Programs 1 Lap Swims Yes Yes Yes Yes Lessons Yes Yes Yes Yes Open Swims Yes Yes Yes Yes H.S. Swim Team Yes NO Yes Yes Water Aerobics Yes Yes Yes NO Swim Club Yes NO Yes Yes Senior Swim Yes Yes Yes Yes Prices Individual Youth $2.50 $3 + $3 for slide* $2 $3 Individual Adult $4.50 $3 + $3 for slide* $3 $5 Monthly Youth $24/19/13 NONE NONE $30 Monthly Adult $49 NONE $45 for Lap $45 Monthly Family $104 NONE $45 for Open $75 Demographics Population Base 30,000 5,712 8,500 2,500 - 5,000 # Pools in Area One Three One One Chanters: Sections: TITLE 10 VEHICLES AND TRAFFIC 10.10 Junk or Abandoned Vehicles Chapter 10.10 JUNK OR ABANDONED VEHICLES 10.10.005 Definitions. 10.10.010 Junk or abandoned vehicles. 10.10.020 Disposition of junk or abandoned vehicles. 10.10.030 Junk vehicles or other junk. 10.10.040 Disposition of junk vehicles. 10.10.050 Vehicles both junk and abandoned. 10.10.060 Recovery costs. 10.10.070 Other rights reserved. 10.10.080 Penalties and remedies. 10.10.005 -- 10.10.010 10.10.005 Definitions. For the purposes of this chapter the following definitions shall apply: A. "Junk" means any worn out, cast -off, or discarded article or material which is ready for destruction or has been collected or stored for conversion or salvage to some other use. B. "Abandoned vehicles" means any motorized or towed vehicle, wheeled or tracked, which has been left unattended for a length of time which has resulted in the vehicles deterioration or destruction. (Ord. 82 -32 -0 §1, 1982; Ord. 82 -4 -0, 1982). 10.10.010 Junk or abandoned vehicles. A. It is unlawful for a person to abandon junk or a vehicle on a street or highway within the borough. B. It is unlawful for a person to abandon junk or a vehicle on public property not set aside by law as a refuse disposal site open for the disposal of junk or vehicles. C. It is unlawful for a person, without the consent of the property owner or person in possession or control of property, to abandon junk or a vehicle on said property unless such property is licensed as a junkyard and is open for disposal, or unless all necessary fees for removal and storage have been paid and all other requirements of disposal have been met. (Ord. 82 -4 -0, 1982). 10 -1 (KIB 12/95) Supp. #13 10.10.020 10.10.020 Disposition of junk or abandoned vehicles. A. Abandoned vehicles or junk may be impounded. B. Adequate notice of impoundment and procedures for redemption of junk or a vehicle shall be given to registered owners of vehicles and other persons known to have a legal interest in them. Adequate notice shall consist of a certified letter or personal service, when the persons involved are known, or publication at least once in a newspaper of general circulation, if such persons are not known. The notice shall contain: 1. a description of the junk or vehicle and any property therein; 2. the date, time and place of removal; 3. an indication of the place of impoundment; 4. an itemized statement of amounts due the borough for towing and storage and stating that such fees must be paid prior to redemption of the junk or vehicle; and 5. a statement that unless the right to possession is established to the satisfaction of the mayor and the junk or vehicle reclaimed within twenty (20) days from the date of mailing or publication of the notice, or unless arrangements are made for the storage of the junk or vehicle within that time, the junk or vehicle and its contents may be sold at public auction or, at the mayor's discretion, if the junk or vehicle is determined to be inoperable or worth less than two hundred (200) dollars, disposed of by crushing or other means of destruction. C. If the abandoned junk or vehicle impounded pursuant to the above provisions is not redeemed within the twenty (20) day period set forth above, the mayor may publish in a newspaper of general circulation a notice of public auction. The notice shall contain a descriptio n of the junk or vehicle, the name of the owner if known, and a provision stating that the junk or vehicle described will be sold to the highest responsible bidder, and a certificate of sale will be issued for the junk or vehicle sold. Such auction may be held ten (10) days or more following the date of advertisement. The impounded junk or vehicle may also be crushed or otherwise destroyed as provided in subsection B of this section without further notice at the expiration of the twenty (20) day redemption period. If a vehicle is destroyed, the mayor shall notify the state of Alaska Department of Public Safety as provided by AS 28.10.440. D. The borough shall keep a record of all junk and vehicles impounded, containing the date, time and place of impounding, description of the junk or vehicle and contents therein, estimated retail value of the junk or vehicle, its operating condition, cause for which impounded, place of impoundment, date of redemption if redeemed, amount paid upon redemption, date of notice to owner and means of notice, notice of sale, record of sale, price paid, and name of purchaser, or record of other means of disposal. E. Abandoned junk or vehicles may be removed from private property if the owner or person in lawful possession or control of the property makes a written request prior to removal. (Ord. 84 -61 -0 §10(part), 1984; Ord. 82 -4 -0 (part), 1982). 10 -2 (MB 12/98) Supp. #23 10.10.030 -- 10.10.040 10.10.030 Junk vehicles or other junk. A. It is unlawful for the registered owner or other person with legal right to possession of a junk vehicle or other junk to place or allow such vehicle or junk t o remain in public view on any property within the borough for more than five (5) days. It is also unlawful for the owner, tenant or other person in possession or control of any property to cause or allo w a junk vehicle or other junk to be placed or remain in public view on such property for more than five (5) days. B. Notwithstanding the provisions of subsection A of this section, if the manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from the public view while repairs are being performed, the manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been bet. C. If a junk vehicle or other junk has been abandoned on private property, the owner, tenant, or other person in control or possession of the property upon which the vehicle has been abandoned may request the vehicle's removal pursuant to subsection 10.10.020(E) of this chapter. (Ord. 98 -18 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord 82-4 -0 (part), 1982). 10.10.040 Disposition of junk vehicles. A. Upon observation of what appears to be a junk vehicle or other junk, the manager shall give written notice by personal service or certified mail to any or all offenders described in section 10.10.010 of this chapter as well as notice affixed to the vehicle or junk. Notice affixed to the vehicle or junk shall suffice for subsequent action if none of the offenders described in section 10.10.010 of this chapter can be located and served within the five (5) day period. The notice shall contain: 1. the street address and other information sufficient to identify the location of the vehicl e or junk; 2. a statement that the vehicle or junk constitutes a public nuisance and a copy or summary of the relevant sections; 3. a statement that if the vehicle or junk is not removed from the public view within five (5) days from issuance of the notice, the borough shall impound and sell or destroy the vehicle or junk at the offender's expense; and 4. a statement that if the offender can show ability and willingness to make the repairs necessary to convert the junk vehicle into an operable vehicle, application may be made at any time before the five (5) days have expired for a thirty (30) day waiver to make the necessary repairs. 10 -3 (MB 10/98) Supp. #22 10.10.040 -- 10.10.080 B. Upon expiration of the five (5) day, or thirty (30) day period where relevant, the manager may impound a junk vehicle or other junk and sell it at public auction pursuant to the notice provisions of subsection 10.10.020(C) of this chapter or may have the vehicle privately sold, crushed or otherwise destroyed without further notice in accordance with the provisions of subsection 10.10.020(C) of this chapter. If a vehicle is destroyed, the manager shall notify the sate Alaska Department of Public Saf ely pui suaul lu AS 28.10.351. (Oi . ' • • Intl l), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 82 -32 -0 §2, 1982; Ord. 82 -4 -0 (part), 1982). 10.10.050 Vehicles both junk and abandoned. In the event that a vehicle is both junk and abandoned, as defined in this chapter, the borough may pursue its abatement under either the junk or abandoned vehicle provisions of this chapter or parts of both. (Ord. 82 -4 -0 (part), 1982. 10.10.060 Recovery costs. The costs of impounding, storing, selling and destroying junk or abandoned vehicles may be charged or assessed by the borough against the vehicle, the registered owner of the vehicle, any person who has acquired legal title to the vehicle from or through the registered owner and any person who has violated section 10.10.010 or subsection 10.10.030(A) of this chapters. (Ord. 82 -4 -0 (part), 1982). 10.10.070 Other rights reserved. A. Nothing in this chapter shall be construed as limiting the right of any person to operate a lawful junk or storage yard. B. Nothing in this chapter shall be construed to limit the rights of the borough, pursuant to other provisions of this title and the common law, to abate summarily a public nuisance, including but not limited to the nuisances defined in this chapter. C. Nothing in this chapter shall be construed as limiting the authority of law enforcement officers to impound vehicles or other junk and arrange for its storage, sale, redemption, or destruction as provided in other titles of this code. (Ord. 82 -4 -0 (part), 1982). 10.10.080 Penalties and remedies. A. A person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in add ition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violated in this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. (Ord. 98- 26 §6, 1998; Ord. 83 -37-0 §2, 1983). 10 -4 (MB 12/98) Supp. #23 17.06.335 -- 17.06.420 17.06.335 Industry. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. (Ord. 81 -40 -0 §1(part), 1981). 17.06.340 Junk yard. "Junk yard" means any space one hundred (100) square feet or more of any lot or parcel of land liced for the storage, keeping or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery or any parts thereof. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.350 Loading space. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93 -66 §3, 1993). 17.06.360 Lot. "Lot" means a parcel or land occupied or to be occupied by a use, building or unit group of buildings, and accessory buildings and uses, together with such yards, open spaces, lot widths, and lot area as are required by this title and having frontage on a public street. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.370 Lot, corner. "Corner lot" means a lot situated at the junction of, and bordering on, two (2) intersecting streets. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.380 Lot depth. "Lot depth" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its width. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.390 Lot line, front -- Corner lot. A "front lot line" of a corner lot means the shortest street line of a corner lot. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.400 Lot line, front -- Interior lot. A "front lot line" of an interior lot means a line separating the lot from the street. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.410 Lot line, rear. "Rear lot line" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular or gore shaped lot, a line not less than ten (10) feet in length, within a lot, parallel to and at the maximum distance from the front lot line. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.420 Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. (Prior code Ch. 5 subch. 2 §9B(part)). 17 -17 (KIB 06/2001) Supp. #32 17 -80 17.36.060--17.36.090 17.36.060 Parking. A. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under chapter 17.57 of this title, as long as the number of dwelling units in the structure is not increased. B A nonconforming non - residential structure may be changed to another legal use without requiring additional parking under chapter 17.57 of this title as long as the new use of the structure requires no more parking spaces than the previous non - conforming use. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 82 -45 -0 §1(part), 1982). 17.36.070 Prior Construction. Nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of the ordinances codified in this title and upon which actual building construction has been diligently carried on. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 86 -18 -0 §3, 1986; Ord 82 -45 -0 §1(part), 1982). 17.36.080 Exception -- Junkyards. Junkyards, as defined in chapter 17.06 of this title, located in any district other than an I- Industrial district, are a public nuisance and are not entitled to the protective provisions of this chapter. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord, 82 -45 -0 §1(part), 1982). 17.36.090 Exceptions. When a lot, structure, or use was authorized by the provisions of former chapter 17.65 of this title concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have "nonconforming" status and be permitted to continue within the limits set forth in this chapter. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 92 -17 §7, 1992). (KIB 09/97) Supp. #18 TITLE 5 BUSINESS LICENSES AND REGULATIONS Page 1 of 2 CHAPTER 5.16 JUNKYARDS For statutory provisions regarding the regulation of junkyards and junk dealers, see AS 08.60. 5.16.010 Definitions 5.16.020 Certificate of location; required 5.16.030 Certificate of location; issuance conditions 5.16.010 Definitions. For the purpose of this chapter: (a) "Abandoned" as used in section 5.16.030(h) includes but is not limited to any automobile or truck or parts thereof which is: (1) Not licensed as a motor vehicle in accordance with the law of Alaska for the then current year; and (2) Cannot be operated as a motor vehicle because of mechanical failure or defects. (b) "Junk" means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper. (c) "Junkyard" means a location where junk is gathered together and stored for a commercial, public, or private purpose within the boundaries of the city. (Ord. 321 (part), 1968: CCK §6.9.3) Return to Top of Chapter Return to Top of Page 5.16.020 Certificate of location; required. No person shall establish, operate, or maintain a commercial, private, or public junkyard without a certificate of location being first issued therefor by the council. (CCK §6.9.1) Return to Top of Chapter Return to Top of Page 5.16.030 Certificate of location; issuance conditions. The council shall, in considering applications for such certificate, take into account: (a) The nature and development of the surrounding property; (b) The need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations; (c) The proximity of the proposed junkyard to churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering; (d) The sufficiency in number of other similar business establishments in the city; (e) The adequacy of fences and other types of enclosures proposed to prevent the unsightly display of any junkyard; (f) The health, safety, and general welfare of the public; (g) The suitability of the applicant to establish, maintain, or operate such a business; (h) The placement upon public property not set aside by law as a refuse disposal site, commercial, private or public junkyard, or upon any private property not specifically established, operating or maintained as a commercial, private or public junkyard, of any wrecked, junked, or abandoned truck or automobile parts or bodies thereof, whether attended or unattended constitutes a public nuisance and may be abated in the manner provided for herein in addition to any other remedies the city may have for the abatement of public nuisances; and (i) Nuisances as defined by subsection (h), may be abated as follows, without reference to or limitation by any other provision of the city code. The city manager or designee, after investigation, may order the abatement of such nuisance by giving notice to the owner of the premises upon which the nuisance is located to abate the nuisance within the time specified in such notice. The city manager may http: / /www. city. kodiak. ak .us /clerk/citycode /code_05.htm 6/13/2004 TITLE 5 BUSINESS LICENSES AND REGULATIONS Page 2 of 2 also give notice to the last known registered owner or any person or persons who may have acquired the right to possession through the registered owner, of any vehicle declared to constitute a public nuisance by subsection (h), persons placing the nuisance upon the property of another, or the lessee, agent, tenant, or other person in control of the property where the nuisance is situated at the time of the notice to abate. If the nuisance is not abated within the time as provided in the notice which shall be not less than five days, the city manager or city manager's designee may cause the abatement of such nuisance and the cost of abatement may be charged against any or all of the foregoing persons to whom notice was given. Notice is deemed given when posted in the U.S. mail to the last known address of such persons, certified or registered, return receipt requested. The costs of abating such nuisance may likewise be charged as a lien against and levied and collected as property taxes are levied and collected, but only if the city proceeds in accordance with subsection (i). The procedure for abating or dealing with a public nuisance as prescribed in this section shall be cumulative and in addition to any other procedures authorized by law or ordinance. Pursuant thereto, the following regulations shall be adopted: (1) All fences or enclosures shall be seven feet in height and the boards thereof spaced no greater than two inches apart. (2) No junkyard shall be located less than five hundred yards from a residential area. (3) No person having been convicted of any felony or of any other criminal offense involving theft shall be considered a suitable applicant. (4) All persons operating a junkyard shall keep a record of their purchases, which may be in the form of a receipt showing the date, name of their purchases, which may be in the form of a receipt showing the date, name of seller, general description of article, and purchase price. (Ord. 321 (part), 1968: CCK §6.9.2) Return to Top' of Chapter Return to Top of Page http: / /www. city. kodiak. ak .us /clerk/citycode /code_05.htm 6/13/2004 TITLE 7 HEALTH AND SANITATION Page 1 of 2 CHAPTER 7.36 DISMANTLED MOTOR VEHICLES See also abandoned vehicles, Chapter 10.36 this code. 7.36.010 Attractive nuisance 7.36.020 Unlicensed business operation prohibited 7.36.030 Where prohibited 7.36.040 Responsibility of property owners 7.36.045 Impoundment and disposal 7.36.050 Violation; penalty 7.36.010 Attractive nuisance. The council finds, determines, and declares that the bodies of motor vehicles, trailers and campers or camper shells which have been abandoned, are inoperable, or have been wholly or partially dismantled, and which are allowed to lie on private or public property within the city constitute an attractive nuisance and danger to children, a sanitation hazard, and a public nuisance which should be abated and controlled. The council further finds that the ordinance providing for the licensing of junkyards contained in chapter 5.16 does not afford an adequate remedy against the practice of dismantling one or more motor vehicles and leaving the dismantled bodies in such a condition that they constitute a public nuisance, and this chapter shall in no way impair or repeal any of the provisions of chapter 5.16, or prevent the conduct of individuals in proper circumstances from being in violation of .both this chapter and chapter 5.16. (Ord. 897 §1, 1991; Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(A)) Return to Top of Chapter Return to Top of Page 7.36.020 Unlicensed business operation prohibited. It is unlawful for any person, firm, or corporation, not being duly licensed by the city, to engage in the business of wrecking, dismantling, permanently disassembling, or substantially altering the form of any motor vehicle within the city. (Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(B)) Return to Top of Chapter Return to Top of Page 7.36.030 Where prohibited. It is unlawful for any person, firm, or corporation to dismantle or wreck, in whole or in part, any motor vehicle with the intention of allowing such dismantled motor vehicle body, or portions thereof, to remain upon any public or private property within the city, and the leaving of such dismantled motor vehicle body upon any public or private property within the city for a period of more than thirty days shall be conclusive evidence of such intention for the purposes of this chapter. This section shall not apply to licensed motor vehicle wreckers who are not otherwise in violation of this chapter, or chapter 5.16; and this section shall also not apply to motor vehicle bodies which are stored or kept in a garage or other substantial enclosure so that such bodies cannot collect water, cannot be accessible to children, and cannot otherwise become a public nuisance. (Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(C)) Return to Top of Chapter Return to Top of Page 7.36.040 Responsibility of property owners. It shall be the duty of the owner or owners, contract purchasers, lessees, or other persons having the right to the possession of, and control over, property within the city to keep their premises free from inoperable, abandoned, or wholly or partially dismantled http: / /www. city. kodiak. ak .us /clerk/citycode /code_07.htm 6/13/2004 TITLE 7 HEALTH AND SANITATION Page 2 of 2 motor vehicle bodies, trailers, and campers or camper shells; it is unlawful for any owner, contract purchaser, lessee, or other person having the right to the possession of, and the control over, any premises within the city, to cause, permit, or suffer such dismantled, abandoned or inoperable motor vehicle bodies, trailers, campers or camper shells to remain on such property for more than thirty days after receiving written notice from the city to abate such nuisance. (Ord. 897 §2, 1991; Ord. 379 (part), 1972; Ord. 365 (part), 1971; CCK §5.19.4(D)) Return to To of Chapter Return to Top of Page 7.36.045 Impoundment and disposal. Any property described in sections 7.36.010 or 7.36.040 may be impounded and stored or disposed of by the city, in which event the owner of the impounded property shall be liable for the cost of impoundment and storage or disposal. If the owner or the whereabouts of the owner of such property is unknown and the property in question reasonably appears to be worth $200.00 or less, then the city may dispose of it in any such way as it sees fit. If the identity and whereabouts of the owner are known, the city shall make a reasonable attempt to give notice of its intended disposition of the property by mail or personal delivery prior to its disposition. Notwithstanding the foregoing, if the property to be impounded and stored or disposed of by the city constitutes a wrecked, dismantled, or inoperative vehicle or a vehicle otherwise presumed to be abandoned, within the meaning of AS 28.11.100, the subsequent procedure shall be followed: (a) Notice shall be given to owners and lien holders of record and persons known to be lawfully entitled to possession of the vehicle that they have the right to a hearing which shall be conducted in a manner substantially identical to the manner provided for the State of Alaska Department of Public Safety under AS 28.05.131 through AS 28.05.141. (b) Any notice to owners and lien holders required by AS 28.11.040 shall be given. (c) The disposal shall comply with the requirements of AS 28.11.070. (Ord. 1016, 1995; Ord. 897 §3, 1991) Return to Top of Chapter Return to Top of Page 7.36.050 Violation; penalty. The penalty for violations of this chapter, shall be as prescribed in section 1.12.010. (Ord. 407 §2 (part), 1973; Ord. 379 (part), 1972; Ord. 365 (part). 1971; CCK §5.19.4(E)) Return to Top of Chapter Return to Top of Page • Return to Table of Contents Return to City Clerk Main Page http: / /www. city. kodiak. ak .us /clerk/citycode /code_07.htm 6/13/2004 TITLE 10 Page 1 of 3 10.36.010 Abandoned vehicles 10.36.020 Presumption of abandennnet 10.36.030 Proceeds from sale of abandoned vehicles 10.36.010 Abandoned vehicles. AS 28.11 entitled "Abandoned Vehicles" as currently enacted is hereby adopted by reference to regulate abandoned vehicles in the city of Kodiak. The provisions relating to abandoned vehicles so adopted shall be interpreted, administered, and enforced with local amendments specifically set forth in this chapter. (Ord. 921 §1, 1991: Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.36.020 Presumption of abandonment. AS 28.11.020 is hereby amended to read as follows: A vehicle which has been left unattended, standing, parked upon, or within 10 feet of the traveled portion of a highway in excess of twenty -four hours, or a vehicle left standing or parked on private property or upon other property of the city of Kodiak where not specifically permitted by a traffic - control device for more than twenty -four hours, without the consent of the owner or person in charge of the property, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before the action regarding removal is taken under AS 28.11.030. The city of Kodiak, for good cause, may make provision for parking of vehicles on municipal property other than as specified in this section. (Ord. 921 §1, 1991: Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.36.030 Proceeds from sale of abandoned vehicles. AS 28.11.110 is hereby amended to read as follows: The proceeds from the sale of an abandoned vehicle under this chapter after deducting the cost of impounding, advertising, and selling the vehicle shall be deposited with the city and accounted for as a fund for the disposal of abandoned vehicles and shall be made available to the police department for expenses incurred in the disposition of abandoned vehicles which do not generate any revenue. (Ord. 921 §1, 1991: Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.40.010 Impoundment 10.40.020 Safe and secure area or facility 10.40.030 Inventory of impounded vehicles CHAPTER 10.36 ABANDONED VEHICLES CHAPTER 10.40 IMPOUNDMENT OF VEHICLES http: / /www. city. kodiak. ak .us /clerklcitycode /code_10.htm 6/13/2004 TITLE 10 Page 2 of 3 10.40.040 Order to release impounded vehicle 10.40.050 Sale at public auction 10.40.060 Fees and expenses 10.40.070 Records kept; disposal 10.40.010 Impoundment. A person authorized by contract, or other official order, may remove an abandoned, wrecked, dismantled, or inoperative vehicle; or one involved in a collision or a police investigation; or any motor vehicle located or standing upon any public property, street, or alley right - of -way in violation of the provisions or this code; or any vehicle found to be mechanically unsafe to operate upon any street or alley; or whenever the driver of any vehicle is found to be incapacitated or is taken into custody by an officer for an offense involving either driving under the influence of intoxicating liquor or drugs, reckless driving, negligent driving, or any felony; or if any vehicle is located on private property and the owner or lessee notifies the chief of police in writing that any vehicle has been located on the property for over twenty -four hours without the consent of the owner or lessee by towing it to an approved impound area or facility. (Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.40.020 Safe and secure area or facility. All vehicles impounded by official order of the city shall be stored in a safe and secure area or facility. (Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.40.030 Inventory of impounded vehicles. (a) Upon impoundment and storage of a vehicle, a police officer or other authorized person shall make, or cause to be made, an inventory of the contents of the vehicle and an estimate of the value of those contents. The inventory shall be included in or attached to a written report which shall describe the vehicle, the date, time, and place of impoundment, the grounds for impoundment, and the place of impoundment of the vehicle. At the time of release of the vehicle, the person to whom the vehicle is to be released shall review the inventory to confirm the vehicle contents and shall sign a statement acknowledging the accuracy of the inventory and the receipt of the vehicle contents. (b) If, at the time the inventory is conducted, property is discovered which could be readily removed from the vehicle and which has an estimated value in excess of $100, or which is, or could be, dangerous or hazardous if left in the vehicle or unlawfully removed, the impounding officer may, at the officer's discretion, cause that property to be stored in the police evidence locker or other suitable location pending its release to the owner. (Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.40.040 Order to release impounded vehicle. A person authorized by contract, or other official order, may release any vehicle impounded pursuant to the provisions of this chapter. Such release shall only be made to a person who presents a valid "Order to Release" signed by the chief of police. (Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page 10.40.050 Sale at public auction. A person authorized by contract, or other official order, may arrange the sale at public auction of any vehicle which has remained in impound for such period of time, under such circumstances, and after such notice as is required to authorize such sale pursuant to state law; provided however, that no such auction will be conducted without written approval from the chief of police specifying the vehicle or vehicles to be sold. (Ord. 730 (part), 1984) (See also 7.36.045.) Return to Top of Chapter Return to Top of Page 10.40.060 Fees and expenses. The city, or its authorized agent, shall collect directly from the vehicle http: / /www.city.kodiak .ak.us /clerk/citycode /code_10.htm 6/13/2004 TITLE 10 Page 3 of 3 owner or his agent, any towing, impound, storage, and/or disposal fees or expenses associated with vehicles towed or impounded. Under the authority of AS 28.10.502, a person authorized by contract, or other official order, to tow, transport, or store a vehicle has a possessory lien on the vehicle. The lien remains in effect while the vehicle is in the possession of the person, and the vehicle may be sold to pay the charges for towing, transportation, or storage. (Ord. 921 §1, 1991: Ord. 730 (part), 1984) Return to Top of Chapter Return to Top of Page I • I I 1 • 1 I . I • S 11 _ 1 GI le - e i el . • • i e■ I II • and/or store vehicles shall maintain and make available to the city such records as the city may require, including, but not by way of limitation, written records reflecting the time, place, and circumstances associated with the impoundment of each such vehicle, an inventory of its contents at the time of impoundment, and details concerning its release or sale at public auction. (b) All records maintained pursuant to this section shall be retained for at least two years and made available to the city upon request. In no event shall any records maintained pursuant to this section be destroyed without prior written consent of the city. (Ord. 730 (part), 1984) http://www.city.kodiak.ak.us/clerk/citycode/code_10.htm 6/13/2004 320 no refuses to register may 161 ACLA 1949) :tor of a roadhouse, hotel, shable by a fine of not less than 10 days, or by both. nder this chapter shall be erator of a hotel or board - )sit valuable property for conspicuous places in the damage, or destruction of ed to receive property on ;xceeds $1,000 in value. If or boardinghouse safe or zction unless the operator Le property. If the operator :eding $1,000 in value, the damaged, or destroyed by 184 SLA 1968) led in AS 08.56.050, the damage, or destruction of )y a guest unless the loss, ;or or the operator's agent, id store baggage or other )nths after which time the i20. The proceeds of a sale, boardinghouse operator's he hotel or boardinghouse ch the operator possesses, 1r warehouse company for ekeeping of the property nily of, or dependent upon, to the public to be an inn, accommodations, whether 3sts; W, lessee, or manager of a 321 Article JUNK DEALERS AND JUNK YARDS § 08.60.070 Chapter 60. Junk Dealers and Junk Yards. 1. Junk Dealer and Metal Scrapper Licensing (§ 08.60.010) 2. Regulation of Junk Yards ( §§ 08.60.050 — 08.60.100) Collateral references. — 58 Am. Jur. 2d, Occupa- Regulation of junk dealers. 30 ALR 1427; 45 ALR2d tions, Trades and Professions, §§ 99 -112. 1391. Article 1. Junk Dealer and Metal Scrapper Licensing. Section 10. License required; violation of section a misde- meanor Sec. 08.60.010. License required; violation of section a misdemeanor. A person may not engage in the business of junk dealer or metal scrapper in this state without obtaining an annual license from the Department of Revenue. A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $100 or imprisonment for not more than 90 days. ( §§ 35 -2 -171, 35 -2 -174 ACLA 1949) Revisor's notes. — The second sentence of this section was formerly AS 08.60.020. Reorganized and renumbered in 1982. Sec. 08.60.020. [Renumbered as AS 08.60.010.] Sec. 08.60.030. Residence defined. [Repealed, § 26 ch 6 SLA 1984.] Article 2. Regulation of Junk Yards. Section Section 50. General prohibition 90. Penalty `60. Certificate of location 100. Definitions 70. Standards for location and regulation 80. Authorization to impose conditions for establish- ment, operation, and maintenance Sec. 08.60.050. General prohibition. A person may not establish, operate, or maintain a commercial or public junk yard without a certificate of location prescribed by AS 08.60.050 — 08.60.100. (§ 1 ch 26 SLA 1962) Sec. 08.60.060. Certificate of location. A person using or proposing to use a location for a commercial or public junk yard shall obtain a certificate of approval for the location. If the location is in a city of any class, the certificate shall be procured from the city council or its designee. If the location is outside the city limits but within the boundaries of an organized borough, the certificate shall be procured from the assembly of the organized borough or its designee. If the location is outside an incorporated city or borough, the certificate of location shall be obtained from the commissioner of public safety. (§ 2 ch 26 SLA 1962; am § 1 ch 10 SLA 1965) Sec. 08.60.070. Standards for location and regulation. The commissioner of public safety, the city council, and organized borough assembly, in considering applica- tions and regulations, shall take into account § 08.60.080 BUSINESS AND PROFESSIONS 322 (1) the nature and development of surrounding property; (2) the need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations; (3) the proximity of churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering; (4) the sufficiency in number of other similar business establishments in the vicinity; (5) the adequacy of fences and other types of enclosures to prevent the unsightly display of a junk yard; , . • - • 1 . I of the public; (7) the suitability of the applicant to establish, maintain, or operate the business under AS 08.60.050 — 08.60.100. (§ 3 ch 26 SLA 1962; am § 2 ch 10 SLA 1965) Sec. 08.60.080. Authorization to impose conditions for establishment, opera- tion, and maintenance. The commissioner of public safety or the cities or organized boroughs shall examine the location or proposed location of a junk yard and adopt reasonable regulations concerning the establishment, operation, and maintenance of businesses under the standards set out in AS 08.60.070. The regulations may require the erection, location, and size of fences or other structures surrounding the junk yard. Regulations pertaining to junk yards are subject to the provisions of AS 44.62 (Admin- istrative Procedure Act). (§ 4 ch 26 SLA 1962; am § 3 ch 10 SLA 1965; am § 3 ch 143 SLA 1968) Sec. 08.60.090. Penalty. A person who operates, establishes, or maintains a junk yard in any location without procuring a certificate of approval is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for a term of not more than one year, or by both. (§ 5 ch 26 SLA 1962) Sec. 08.60.100. Definitions. In AS 08.60.050 — 08.60.100, (1) "junk" means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper; (2) "junk yard" means a location where junk is gathered together and stored for a commercial or public purpose; (3) "person" means an individual and, where consistent with collective capacity, a committee, firm, partnership, company, corporation, club, governmental agency, organi- zation, association, or other combination of individuals. (§ 6 ch 26 SLA 1962) Revisor's notes. — Reorganized in 1987 to alpha- betize the defined terms. Cross references. — For legislative policy, find- ings, and intent in connection with the amendments made to this chapter by ch. 89, SLA 1991, see § 1, ch. 89, SLA 1991 in the Temporary and Special Acts. Administrative Code. — For board of marine pilots, see 12 AAC 56. Editor's notes. — Section 34, ch. 89, SLA 1991 Chapter 62. Marine Pilots. Article 1. Board of Marine Pilots ( §§ 08.62.010 — 08.62.050) 2. Licensing ( §§ 08.62.080 — 08.62.155) 3. Miscellaneous Provisions ( §§ 08.62.157 — 08.62.190) 4. General Provisions ( §§ 08.62.900, 08.62.990) provides: "Sec. 34. The Department of Commerce and Economic Development, notwithstanding AS 08.01.065, may establish a one -time assessment on persons licensed under AS 08.62 and applicants for licenses under AS 08.62 to pay for additional costs required under this Act before the next period for renewal of marine pilot licenses." 323 Collateral references. — ping, §§ 454 et seq., 550 et se 70 C.J.S., Pilots of Vessels, A Section 10. Creation and membersh 20. Appointment and term 30. Meetings Sec. 08.62.010. Cre1 Marine Pilots. It consist engaged in piloting on v of vessels subject to this services, two public mei the commissioner's des manager may be from a one registered agent or financial interest in th owned, affiliated, or su residents of the state. (§ 1995) Cross references. — For relating to the amendments 1 § 2, ch. 74, SLA 1995, see § ' Sec. 08.62.020. App members of the board t 1980; am § 8 ch 14 SLY Sec. 08.62.030. Mee meetings each year. The request of a majority of SLA 1991) Sec. 08.62.040. Pow (1) provide for the n inland and coastal watei the safety of human life (2) consistent with tl Procedure Act), establis providing for the exam licenses to qualified per (3) keep a register of (4) adopt regulations (A) pilotage regions i (B) the criteria for co gation, and audit fees p (C) the criteria for re (5) make available, u under this chapter; (6) review and appro` (7) audit a pilot orga enforce this chapter; ns of AS 19.25.080 — ays. 644 )mpliance; removal expense 3 upon and reflects actual the department; and it may )r storing the sign. January — Liability of railroad or )r vegetation obscuring view LR4th 885. idowner for vegetation ob- or street intersection. 69 it may be constructed, ily in accordance with y not be constructed, i permit issued by the ttion. The department ailbox or a newspaper ,A 1986; am § 4 ch 142 217 -231. If, incidental to the letermines and orders Lit must be changed, ;e, relocate, or remove thin a reasonable time nove an encroachment all be considered an 9.25.220 — 19.25.250. horized encroachment require the removal of 5.250. (§ 2 ch 64 SLA L streets or highways. 32 645 Opinions of attorney general. — The safety of persons using the road is of overriding importance when weighed against the interest of a sign owner who has illegally placed a sign where it threatens public safety. January 3, 1984 Op. Att'y Gen. An encroachment which obstructs anyone's view of the road is one which "obstructs ... the highway or road" and also presents a serious danger to the public. January 3, 1984 Op. Att'y Gen. JUNK YARDS § 19.27.010 Sec. 19.25.230. Notice of removal. Except as otherwise provided in AS 19.25.200, 19.25.210 and 19.2b.240, notice shall be given the owner, occupant, or person in possession of the encroachment, or to any other person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment. The notice must describe the encroachment complained of with reasonable certainty as to its character and location. Service of the notice may be made by certified mail. (§ 2 ch 64 SLA 1971) Sec. 19.25.240. Summary removal. The department may at any time remove from a state highway or road an encroachment that obstructs or prevents the use of the highway or road by the public. (§ 2 ch 64 SLA 1971) The Department of Transportation and Public Fa- cilities may summarily remove a sign or other object it determines to be a visual obstruction or a safety hazard; so long as it protects the sign or other object upon removal, the department is protecting the own- er's only recognizable interest. January 3, 1984 Op. Att'y Gen. Sec. 19.25.250. Removal after noncompliance; removal expense. After a failure of the owner of an encroachment to comply with a notice or demand of the department under the provisions of AS 19.25.200, 19.25.210 and 19.25.230, the department may remove, or cause to be removed, the encroachment, and the owner of the encroachment shall pay to the department (1) the expenses of the removal of the encroachment; (2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and (3) costs and expenses of suit. (§ 2 ch 64 SLA 1971) Section 10. Purpose 20. Limitations of junk yards 30. Junk yards lawfully in existence 35. Screening by department; lien 40. Requirements as to screening 50. Authority to acquire property interests for re- moval or screening of junk yards 60. Violating junk yard a nuisance Cross references. — For definitions applicable to this chapter, see AS 19.45. Chapter 27. Junk Yards. Section 80. Injunction 90. Interpretation 100. Agreements with the United States 110. Definitions 120. Penalty for violation 130. Additional requirements 140. Short title Sec. 19.27.010. Purpose. For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways and other roads maintained by the state, and to preserve and enhance the scenic beauty of land bordering public highways and other roads maintained by the state, it is declared to be in the public interest to regulate and restrict junk yards in areas adjacent to the interstate, primary, and secondary systems within this state and other roads maintained by the state. The legislature finds and declares that junk yards that do § 19.27.020 Collateral references. — 58 Am. Jur. 2d, Occupa- tions, Trades and Professions, §§ 1, 4, 5, 15. HIGHWAYS AND FERRIES 646 not conform to the requirements of this chapter are public nuisances. (§ 1 ch 233 SLA 1968; am § 7 ch 155 SLA 1970; am § 1 ch 179 SLA 1976) Sec. 19.27.020. Limitations of junk yards. A person may not establish, operate, or maintain a junk yard, any portion of which is within 1,000 feet of the nearest edge of the right -of -way of any interstate, primary or secondary highway or other road maintained by the state, except the following: (1) those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main - traveled way of the interstate and primary systems or other roads maintained by the state, or otherwise removed from sight; (2) those located within areas which are zoned for industrial use under authority of law; (3) those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be adopted by the department. (§ 1 ch 233 SLA 1968; am § 8 ch 155 SLA 1970; am § 2 ch 179 SLA 1976) Sec. 19.27.030. Junk yards lawfully in existence. (a) A junk yard lawfully in existence on August 6, 1968, that is within 1,000 feet of the nearest edge of the right -of -way and visible from the main - traveled way of any highway on the interstate or primary system, shall be screened, if feasible, so as not to be visible from the main - traveled way of the highways. (b) A junk yard lawfully in existence on July 1, 1970, that is within 1,000 feet of the nearest edge of the right -of -way and visible from the main - traveled way of any highway on the secondary system, or a junk yard lawfully in existence on September 14, 1976, that is within 1,000 feet of the nearest edge of the right -of -way and visible from the main - traveled way of a road maintained by the state, shall be screened, if feasible, so as not to be visible from the main - traveled way of the highway. (§ 1 ch 233 SLA 1968; am § 9 ch 155 SLA 1970; am § 3 ch 179 SLA 1976) Sec. 19.27.035. Screening by department; lien. (a) If the owner or operator of a junk yard does not screen the yard under AS 19.27.030, and the department has not determined that screening would be unfeasible, the department may screen the yard. The owner or operator shall reimburse the department for the costs of the labor and materials necessary for the screening. (b) The state has a lien, for the costs referred to in (a) of this section, on the junk and the land on which the junk yard is located, after recording a claim of lien in the office of the recorder for the district in which the property is located. (§ 10 ch 155 SLA 1970) Revisor's notes. — Minor word changes related to (b) of this section in 1988 because of the enactment of the recording of documents were made in subsection ch. 161, SLA 1988. Sec. 19.27.040. Requirements as to screening. The department may adopt regu- lations governing the location, planting, construction, and maintenance, including the materials used in the screening or fencing required by this chapter. (§ 1 ch 233 SLA 1968) Sec. 19.27.050. Authority to acquire property interests for removal or screen- ing of junk yards. When the department determines that the topography of the land adjoining the highway or the road maintained by the state will not permit adequate screening of those junk yards lawfully in existence as provided in AS 19.27.030 or the screening of the junk yards would not be economically feasible, the department may acquire by gift, purchase, exchange, or condemnation, property interests necessary to secure the removal of the junk yards, and the department shall pay just compensation to 647 the owner for the pr interests of the state adequate screening of Sec. 19.27.060. Vi a provision of this tit1( ch 233 SLA 1968) Sec. 19.27.070. Jur SLA 1980.1 Sec. 19.27.080. In may institute a civil defined in this chapt( yard is a nuisance a: considers necessary 1 brought in the superi( ch 233 SLA 1968) Sec. 19.27.090. In affect the provisions restrictive than the F Sec. 19.27.100. A; into agreements in Transportation as pr adjacent to the inters to comply with the t( Sec. 19.27.110. D (1) "automobile gr maintained, used, or scrapped, ruined, or (2) [Repealed, § 5� (3) "interstate sys Defense Highways lo designated, by the co the secretary of com Public Law 89 -670 [F (4) "junk" means 1 waste, junked, dism: iron, steel, copper, b] (5) "junk yard" m( is maintained, operai for the maintenance garbage dumps and (6) "primary syst( highways, as officir commissioner, and a commerce before the [80 Stat. 931]), unde 69 SLA 1970; am §§ 646 s. (§ 1 ch 233 SLA tablish, operate, or nearest edge of the 3r road maintained r other appropriate rstate and primary !d from sight; under authority of iall be determined e department. (§ 1 ;) yard lawfully in arest edge of the in the interstate or le from the main- n 1,000 feet of the ay of any highway nber 14, 1976, that visible from the d, if feasible, so as 233 SLA 1968; am 3r or operator of a , partment has not reen the yard. The ibor and materials a, on the junk and ien in the office of 155 SLA 1970) Ise of the enactment of t may adopt regu- ace, including the ch 233 SLA 1968) noval or screen - raphy of the land permit adequate ; 19.27.030 or the department may •ests necessary to t compensation to 647 JUNK YARDS § 19.27.110 the owner for the property. When the department determines that it is in the best interests of the state, it may acquire land, or interests in land necessary to provide adequate screening of junk yards. (§ 1 ch 233 SLA 1968; am § 4 ch 179 SLA 1976) Sec. 19.27.060. Violating junk yard a nuisance. A junk yard that is in violation of a provision of this title or a regulation adopted under this title, is a public nuisance. (§ 1 ch 233 SLA 1968) Sec. 19.27.070. Junk yards in existence on date of enactment. [Repealed, § 22 ch 94 SLA 1980.] Sec. 19.27.080. Injunction. At the request of the department the attorney general may institute a civil action in superior court to abate a junk yard that is a nuisance as defined in this chapter. In the proceedings the court shall determine whether the junk yard is a nuisance as defined in this chapter and shall enter judgments or decrees it considers necessary to abate the nuisance. A civil action under this section shall be brought in the superior court in the judicial district in which the junk yard is located. (§ 1 ch 233 SLA 1968) Sec. 19.27.090. Interpretation. This chapter may not be construed to abrogate or affect the provisions of any law, ordinance, regulation, or resolution that is more restrictive than the provisions of this chapter. (§ 1 ch 233 SLA 1968) Sec. 19.27.100. Agreements with the United States. The department may enter into agreements in conformity with this title with the United States Secretary of Transportation as provided by 23 U.S.C., relating to the control of junk yards in areas adjacent to the interstate and primary systems, and take action in the name of the state to comply with the terms of the agreements. (§ 1 ch 233 SLA 1968) Sec. 19.27.110. Definitions. In this chapter (1) "automobile graveyard" means an establishment or place of business which is maintained, used, or operated primarily for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts; (2) [Repealed, § 53 ch 30 SLA 1996.] (3) "interstate system" means that portion of the National System of Interstate and Defense Highways located in this state, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the secretary of transportation (or by the secretary of commerce before the effective date of the transfer of functions under Public Law 89 -670 [80 Stat. 931]), under the provisions of 23 U.S.C; (4) "junk" means used or scrap rope, rags, batteries, paper, trash, rubber, debris or waste, junked, dismantled, or wrecked automobiles, or parts thereof, or used or scrap iron, steel, copper, brass and other ferrous or nonferrous metals; (5) "junk yard" means an establishment or place of business, private or public, which is maintained, operated, or used primarily for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills; (6) "primary system" or "secondary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the commissioner, and approved by the secretary of transportation (or by the secretary of commerce before the effective date of the transfer of functions under Public Law 89 -670 [80 Stat. 931]), under the provisions of 23 U.S.C. (§ 1 ch 233 SLA 1968; am §§ 48, 49 ch 69 SLA 1970; am §§ 12, 13 ch 155 SLA 1970; am § 53 ch 30 SLA 1996) § 19.27.120 Revisor's notes. — Reorganized in 1988 to alpha- Effect of amendments. — The 1996 amendment, betize the defined terms. effective May 16, 1996, repealed paragraph (2). Sec. 19.27.120. Penalty for violation. A person who violates this chapter, or a regulation adopted under it, is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $50 nor more than $1,000. (§ 1 ch 233 SLA 1968) Sec. 19.27.130. Additional requirements. The requirements imposed by this chap - t ei ielut to junk yards are in addition to the requirements of AS 08.60.050 — 08.60.100. (§ 1 ch 233 SLA 1968) HIGHWAYS AND FERRIES 648 Sec. 19.27.140. Short title. This chapter may be cited as the Junk Yard Control Act. (§ 1 ch 233 SLA 1968) Chapter 30. Access Roads. Article 1. Roads to Areas Rich in Mineral Resources ( §§ 19.30.020 — 19.30.051) 2. Roads to State Land Programmed for Surface Disposal ( §§ 19.30.060 — 19.30.100) 3. Local Service Roads and Trails ( §§ 19.30.111 — 19.30.251) 4. Road Maintenance Service Areas ( §§ 19.30.260 — 19.30.320) 5. Rights -of -way Acquired under Former 43 U.S.C. 932 ( §§ 19.30.400 — 19.30.420) 649 Collateral reference ways, Streets and Bridg Sec. 19.30.030. (a) The commissior developmental acce (b) A request for natural resources b: Cross references. — For definitions applicable to this chapter, see AS 19.45. Collateral references. — Accidents arising from merger of traffic on limited- access highway with that from service road or ramp. 40 ALR3d 1429. Abutting owner's right to damages for limitation of Section 20. Purpose 30. Commissioner application access caused by conversion of conventional road into limited- access highway. 42 ALR3d 13. Measure and elements of damage for limitation of access caused by conversion of conventional road into limited- access highway. 42 ALR3d 148. Article 1. Roads to Areas Rich in Mineral Resources. Section 40. Construction and maintenance of natural resources to approve 45. Canadian minerals 51. Regulations Sec. 19.30.010. Findings. [Repealed, § 6 ch 167 SLA 1970.] Sec. 19.30.020. Purpose. The purpose of AS 19.30.020 — 19.30.051 is to facilitate the commercial development of mineral resources, except oil and gas, by authorizing funds to participate in construction of developmental access roads into areas where mining prospects of valid commercial promise are inaccessible to truck haulage. These access roads are to be constructed as rudimentary truck roads and to standards that can be readily improved for general public use. It is the intent of the state to participate with mineral resource developers up to 50 per cent for the cost of construction and mainte- nance of developmental access roads under AS 19.30.020 — 19.30.051. (§ 1 ch 47 SLA 1959; am § 1 ch 154 SLA 1960; am § 1 ch 129 SLA 1968; am § 1 ch 167 SLA 1970) NOTES TO DECISIONS The legislature distinguished access roads Mercer v. Yutan Constr. Co., 420 P.2d 323 (Alaska from highways by this section and AS 19.30.040. 1966). the resources to be (c) The commissi feasible and partici state will participa $50,000 or up to 50 pay for all right-of- (d) For purposes directly related to t project. These inclu plans and specificai of real property, sit tion, and improvem as may be necess administrative and including interest i including any indei and expenses of tr bonds issued as the 1960; am § 2 ch 12 Sec. 19.30.040. tion and agreemer submit to the coral standard of constri resource and prote construction. Plans the commissioner o facilities and the applicant may proc (b) The applican equipment or tho: participation. The sioner of transport this credit. (c) If the total co only half of the act (d) If the total c resource developer participation. (e) The road becc applicant resource the cost of mainten SLA 1968; am § 3 458 ;ing person demonstrates, in a esting person has obtained the or 'nation. nent upon proof of the identity he requesting person that the r more of the following uses: r law enforcement agency, in ing on behalf of a government ;imate business or an agent, itted by an individual to the ass; and the correct information, but legal remedies against, or lual; ative, or arbitration proceed - ory body, including service of court order; ;ical reports, if the personal t an individual; n, or by a self - insured entity, ion with claims investigation Impounded vehicles; 3mployer to obtain or verify Ise that is required under 49 A); 1 transportation facilities; ng under a contract with the tations if the person who is to the release; and at is related to the operation 1 may be disclosed, without person who is the subject of makes available or makes artment about a person to munication; onal information about a ientified in a request for fies a person, including a information, but does not iipment- related violations, 7 SLA 1996; am §§ 1, 2 ch the information before releasing n contained in motor vehicle ith 18 U.S.C. 2721. 459 Effective dates. — Section 1, ch. 67, SLA 1996, which enacted this section, took effect on September 996. Legislative history reports. — For governor's Secs. 28.10.510 — 28.10.540. Liens; nonresident owners. [Repealed, § 7 ch 178 SLA 1978.] Sec. 28.10.550. Notice of changes. [Repealed, § 20 ch 241 SLA 1976.] Secs. 28.10.560, 28.10.570. Evidence; enforcement. [Repealed, § 7 ch 178 SLA 1978.] Sec. 28.10.580. Lists of vehicles. [Repealed, § 29 ch 214 SLA 1975.] Secs. 28.10.590 — 28.10.660. Miscellaneous offenses; general provisions. [Repealed, § 7 ch 178 SLA 1978.] Sec. 28.10.661. Definitions. In this chapter and in regulations adopted under this chapter, unless the context requires otherwise, (1) "dealer" means a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under this chapter and who maintains a place of business or by word of mouth, advertising, or in any other manner represents to be in the business of buying, selling, or exchanging vehicles; (2) "vehicle" includes mobile homes for the purposes of provisions relating to certifi- cates of title. (§ 7 ch 178 SLA 1978; am § 2 ch 31 SLA 1994) Revisor's notes. — Formerly AS 28.10.501. Re- numbered in 1984. Effect of amendments. — The 1994 amendment, effective August 6, 1994, in the introductory language, substituted "In" for "Unless otherwise specifically de- Section 10. Abandonment unlawful 20. Presumption of abandonment 25. Claim of ownership by private property owner 30. Removal of abandoned vehicles 40. Notice to owners and lienholders 50. Vesting of title ABANDONED VEHICLES § 28.11.010 NOTES TO DECISIONS transmittal letter concerning the amendment of sub- sections (d) and (e) by §§ 1 and 2, ch. 47, SLA 2000 (IIB a24), DCC 2000 H ouse Jouziia 2060. fined or unless the context otherwise requires, in" at the beginning and added "unless the context requires otherwise," at the end; added the paragraph (1) des- ignation; and added paragraph (2) and made a related stylistic change. As to the use of the word "dealer" in former AS a condition to registration, see New & Used Auto 28.10.260, relating to obtaining a certificate of title as Sales, Inc. v. Dewey, 14 Alaska 647 (1954). Chapter 11. Abandoned Vehicles. Section 60. Redemption 70. Disposal of abandoned vehicles 80. Disposal facilities 90. Towing and storage lien on abandoned vehicle 100. Municipal abatement procedure 110. Abandoned motor vehicle fund Sec. 28.11.010. Abandonment unlawful. (a) A person may not abandon a vehicle upon a highway or vehicular way or area. (b) A person may not abandon a vehicle upon public property or upon private property without the consent of the owner or person in lawful possession or control of the property. (c) A person who abandons a vehicle in a place specified in (a) or (b) of this section is considered responsible for the abandonment of the vehicle and is liable for the cost of its removal and disposition. (d) Except as otherwise provided in (b) of this section, the lawful owner of a vehicle, as shown by the records of the department, whether or not the owner has complied with the § 28.11.020 MOTOR VEHICLES 460 provisions of AS 28.10.271, is considered responsible for the abandonment of the vehicle and is liable for the cost of removal and disposition of the abandoned vehicle unless (1) the vehicle was abandoned by a person driving the vehicle without the permission of the owner; or (2) the identity of the person abandoning the vehicle is established and the abandon- ment was without the consent of the owner. (§ 1 ch 61 SLA 1976; am §§ 8, 9, 22 ch 178 SLA 1978) Sec. 28.11.020. Presumption of abandonment. (a) A vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 48 hours, or a vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left standing or parked on private property in excess of 24 hours or upon other public property for more than 30 days, without the consent of the owner or person in charge of the property, notwithstanding other statutory provisions, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before removal occurs under AS 28.11.030. The department for good cause may make provisions for parking of vehicles on state property other than specified in this section and under the provisions of AS 44.62. (b) Notwithstanding other provisions of law, a wrecked or junk vehicle that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to have been left standing or parked on private property or other public property in excess of 24 hours and without the consent of the owner or person in charge of the property, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before removal occurs under AS 28.11.030. (c) In this section, (1) "junk vehicle" means a vehicle that (A) is not currently registered under AS 28.10, except for a vehicle not currently registered under AS 28.10 and used exclusively for competitive racing; (B) is stripped, wrecked, or otherwise inoperable due to mechanical failure; (C) has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle; or (D) is in a condition that exhibits more than one of the following elements: (i) broken glass; (ii) missing wheels or tires; (iii) missing body panels or parts; or (iv) missing drive train parts. (2) "wrecked vehicle" means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction. (§ 1 ch 61 SLA 1976; am § 10 ch 178 SLA 1978; am §§ 1, 2 ch 108 SLA 1997) Effect of amendments. — The 1997 amendment, effective September 30, 1997, rewrote subsection (a) and added subsections (b) and (c). Sec. 28.11.025. Claim of ownership by private property owner. (a) In addition to removal of an abandoned vehicle under AS 28.11.020, a vehicle that is left standing or parked on private property without the consent of the private property owner and for a period of six months is presumed to be an abandoned vehicle and title to the vehicle may be transferred to the private property owner as provided under this section. A person who claims ownership of an abandoned vehicle under this section shall provide notice of the claim to the vehicle owner of record and to lienholders in the manner prescribed for giving 461 notice by the department vehicle and the period of a name and address of the notice shall be given by pu service of process by publi (b) If an abandoned ve . required under (a) of this private property on which_ issue a new certificate of section. (c) In this section, "veh (1) passenger car, mot( similar motor vehicle th< transport or draw properi (2) snowmobile, three designed or adapted for c and that has been declare Department of Public Sa vehicle may make inciden implements of husbandry earthmoving equipment. Effect of amendments. — effective March 16, 1997, insert( paragraph (c)(2). Sec. 28.11.030. Remc ployee authorized by the for storage a vehicle abar property. (b) Removal of an abaw request of the owner or form prescribed by the d (c) A written report of removes or has remove( immediately to the depar stores the property. The removal, the grounds for 61 SLA 1976; am § 11 cl Collateral references. — Iles, § 43. State or municipal towing, it Sec. 28.11.040. Notic stores an abandoned vela. 28.11.030 shall within 3 notice by the departmei lienholders of record, at; impoundment of the veh address of the registered be given by publication i process by publication. le abandonment of the vehicle abandoned vehicle unless ehicic without the permission established and the abandon - A. 1976; am §§ 8, 9, 22 ch 178 . vehicle registered or titled as yen left unattended, standing, highway or vehicular way or required under AS 28.10 that private property in excess of ys, without the consent of the g other statutory provisions, )andoned vehicle, unless the s under AS 28.11.030. The of vehicles on state property Is of AS 44.62. junk vehicle that reasonably pon or within 10 feet of the !ess of 24 hours, or a wrecked sanding or parked on private 1 without the consent of the ed under AS 28.11.030 and :laimed and removed before for a vehicle not currently Live racing; nechanical failure; lties or because the cost of t value of the vehicle; or allowing elements: cannot be used as a vehicle 1976; am § 10 ch 178 SLA rty owner. (a) In addition iicle that is left standing or e property owner and for a and title to the vehicle may r this section. A person who shall provide notice of the anner prescribed for giving 460 461 ABANDONED VEHICLES § 28.11.040 notice by the department under AS 28.05.121. The notice must state the location of the vehicle and the period of abandonment. If the vehicle is not registered in this state or the name an address of the registered or legal owner or lienholder cannot be ascertained, notice shall be given by publication in the manner prescribed in the rules of the court for service of process by publication. (b) If an abandoned vehicle is not reclaimed within 30 days after notice is given as required under (a) of this section, the title to the vehicle vests with the owner of the private property on which the vehicle is located. Upon application, the department shall issue a new certificate of title to a vehicle whose ownership is transferred under this section. (c) In this section, "vehicle" means a (1) passenger car, motor home, bus, truck, truck - tractor, motorcycle, motorbike, or similar motor vehicle that is designed for use primarily to transport a person or to transport or draw property on a highway or vehicular way; and (2) snowmobile, three - wheeler, four - wheeler, or a similar off - highway motor vehicle designed or adapted for cross - country operation over unimproved terrain, ice, or snow and that has been declared by its owner at the time of registration and determined by the Department of Public Safety to be unsuitable for general highway use, although the vehicle may make incidental use of a highway as provided in this title, but not including implements of husbandry or special mobile equipment, such as construction machinery or earthmoving equipment. (§ 5 ch 6 FSSLA 1996; am E.O. No. 99 § 45 (1997)) Effect of amendments. — The 1997 amendment, effective March 16, 1997, inserted "of Public Safety" in paragraph (c)(2). Sec. 28.11.030. Removal of abandoned vehicles. (a) A peace officer or an em- ployee authorized by the state or a municipality may remove or have removed to a place for storage a vehicle abandoned on a highway, on a vehicular way or area, or on private property. (b) Removal of an abandoned vehicle from private property shall be upon the written request of the owner or person in lawful possession or control of the property, and on a form prescribed by the department. (c) A written report of the removal shall be made by the peace officer or employee who removes or has removed a vehicle under this section, and the report shall be sent immediately to the department and a copy of the report shall be given to the person who stores the property. The report must describe the vehicle, the date, time, and place of removal, the grounds for removal, and the place of impoundment of the vehicle. (§ 1 ch 61 SLA 1976; am § 11 ch 178 SLA 1978) Collateral references. — 60 C.J.S., Motor Vehi- cles, § 43. State or municipal towing, impounding, or destruc- Effective dates. — Section 5, ch. 6, FSSLA 1996, which enacted this section, took effect on July 4, 1996. tion of motor vehicles parked or abandoned on streets or highways, 32 ALR4th 728. Sec. 28.11.040. Notice to owners and lienholders. The person or company who stores an abandoned vehicle at the direction of a peace officer or an employee under AS 28.11.030 shall within 30 days give notice, in the manner prescribed for the giving of notice by the department under AS 28.05.121, to the vehicle owner of record and to lienholders of record, stating the grounds for removal and the location of the place of impoundment of the vehicle. If the vehicle is not registered in the state or the name and address of the registered or legal owner or lienholder cannot be ascertained, notice shall be given by publication in the manner prescribed in the rules of the court for service of process by publication. (§ 1 ch 61 SLA 1976; am § 12 ch 178 SLA 1978) § 28.11.050 Cross references. — For court rule on service of process by publication, see Civ. R. 4(e). MOTOR VEHICLES Sec. 28.11.050. Vesting of title. Title to an impounded vehicle not reclaimed by the registered owner, a lienholder, or other person entitled to possession of the vehicle within 15 days from the notice given under AS 28.11.040 vests with the state or, if a municipal ordinance is adopted under AS 28.11.100, with the municipality, as appropriate. However, nothing in this section prohibits a lien under AS 28.11.090. (§ 1 ch 61 SLA 1976; am § 13 ch 178 SLA 1978; am § 3 ch 108 SLA 1997) 462 Effect of amendments. — The 1997 amendment, effective September 30, 1997, substituted "within 15 days" for "within 30 days" in the first sentence. Sec. 28.11.060. Redemption. A person who presents satisfactory proof of ownership or right to possession may redeem a vehicle removed under this chapter at any time before an auction under AS 28.11.070(a) by paying the charges of towing, storage, notice, other cost of impoundment, and any applicable penalty imposed by law. (§ 1 ch 61 SLA 1976; am § 14 ch 178 SLA 1978) Sec. 28.11.070. Disposal of abandoned vehicles. (a) Upon satisfaction of the notice and reporting requirements prescribed in this chapter, a vehicle may be disposed of by removal to a scrap processing yard or auto wrecker for disposal or by public auction 20 days after notice of the auction is published in a newspaper of general circulation in the area or municipality in which the vehicle was found and presumed abandoned. The notice of auction must describe the vehicle and specify the place, date, and time at which it will be sold. A copy of the notice of auction shall be conveyed to the department. (b) A vehicle disposed of under this section by public auction must be titled under AS 28.10, and may not be subsequently sold without a certificate of title issued by the department. (c) Notwithstanding the provisions of this section, a person who disposes of an abandoned vehicle under this section may initiate a civil action against a person named in AS 28.11.010, if liable, for costs exceeding receipts for the disposal of the vehicle. (§ 1 ch 61 SLA 1976; am § 15 ch 178 SLA 1978; am §§ 4, 5 ch 108 SLA 1997) Effect of amendments. — The 1997 amendment, effective September 30, 1997, in subsection (a), in- serted "removal to a scrap processing yard or auto wrecker for disposal or by" near the beginning of the first sentence; and, in subsection (b), inserted "by public auction" and deleted "registered and" following "must be." Sec. 28.11.080. Disposal facilities. (a) The department may negotiate with an appropriate state or municipal agency in an effort to designate and acquire land for the temporary storage of vehicles before sale under AS 28.11.070, or for the final disposal of unsold abandoned vehicles. (b) A municipality that adopts an ordinance under AS 28.11.100 shall designate appropriate areas within its jurisdiction for the disposal of abandoned vehicles. (§ 1 ch 61 SLA 1976; am § 16 ch 178 SLA 1978) Sec. 28.11.090. Towing and storage lien on abandoned vehicle. A person autho- rized by contract or other official order to remove an abandoned vehicle has a lien upon a vehicle towed, moved, or stored by and in the possession of the person in accordance with AS 28.10.502. (§ 1 ch 61 SLA 1976; am § 17 ch 178 SLA 1978) Collateral references. — 38 Am. Jur. 2d, Garages, and Parking and Filling Stations, §§ 140, 144 to 151. 61A C.J.S., Motor Vehicles, §§ 725, 748(d), (e). Lien for towing or storage, ordered by public officer, of motor vehicle, 85 ALR3d 199. 463 Sec. 28.11.100. Mu ordinance establishing property, as a public n inoperative vehicle or adopted under this s lienholders of record vehicles, of their right manner provided for 1 provided in AS 28.11. 28.11.070.(§ 1 ch 61 Effect of amendments. effective September 30, 19! for by municipal ordinanc Sec. 28.11.110. Ab ment an abandoned legislature and procee (b) The proceeds fro deducting the cost of i] in the fund set out in (c) Money in the f municipalities bound 1 payment of services r( Article 1. Issuance, Expiration a) 2. Cancellation, Suspensi 3. Point System ( §§ 28.15 4. Fees (§ 28.15.271) 5. Driver License Violatic Administrative Code. - safety responsibility, see 1; Collateral references. biles and Highway Traffic, Article 1. Is Section 11. Drivers must be limn 21. Persons exempt from 31. Persons not to be lice 41. Classification of drive 46. Licensing of school b 51. Instruction permit, and special driver's 55. Provisional driver's 1 57. Restrictions on drive son under 18 61. Application for driv permit; notice of an procedure icle not reclaimed by the sion of the vehicle within Le state or, if a municipal as appropriate. However, ch 61 SLA 1976; am § 13 Lctory proof of ownership his chapter at any time & towing, storage, notice, 1 by law. (§ 1 ch 61 SLA upon satisfaction of the . vehicle may be disposed losal or by public auction of general circulation in esumed abandoned. The date, and time at which to the department. must be titled under AS e of title issued by the on who disposes of an against a person named posal of the vehicle. (§ 1 SLA 1997) subsection (b), inserted "by sted "registered and" following may negotiate with an and acquire land for the for the final disposal of .11.100 shall designate oned vehicles. (§ 1 ch 61 ehicle. A person autho- vehicle has a lien upon le person in accordance 978) -age, ordered by public officer, 13d 199. Sec. 28.11.100. Municipal abatement procedure. A municipality may adopt an ordinance establishing procedures for the abatement and removal from private or public property, as a public nuisance or a health or safety hazard, a wrecked, a smantled, or inoperative vehicle or a vehicle otherwise presumed to be abandoned. An ordinance adopted under this section must contain provisions for (1) notice to owners and lienholders of record and persons known to be lawfully entitled to possession of the vehicles, of their right to a hearing which shall be conducted by the municipality in the manner provided for by municipal ordinance; (2) notice to owners and lienholders as provided in AS 28.11.040; and (3) disposal of abandoned vehicles as provided in AS 28.11.070. (§ 1 ch 61 SLA 1976; am § 18 ch 178 SLA 1978; am § 6 ch 108 SLA 1997) Effect of amendments. — The 1997 amendment, department under AS 28.05.131 — 28.05.141" near effective September 30, 1997, substituted "provided the end of the second sentence. for by municipal ordinance" for "provided for the Sec. 28.11.110. Abandoned motor vehicle fund. (a) There is created in the depart- ment an abandoned motor vehicle fund, to be composed of appropriations by the legislature and proceeds from the sale of abandoned motor vehicles. (b) The proceeds from the sale of an abandoned motor vehicle under this chapter, after deducting the cost of impounding, advertising, and selling the vehicle, shall be deposited in the fund set out in (a) of this section. (c) Money in the fund shall be disbursed to the department and to each of the municipalities bound by the provisions of this chapter upon presentation of a voucher for payment of services rendered in compliance with this chapter. (§ 1 ch 61 SLA 1976) Chapter 15. Drivers' Licenses. Article 1. Issuance, Expiration and Renewal of Licenses ( §§ 28.15.011 — 28.15.151) 2. Cancellation, Suspension, Revocation or Limitation of Drivers' Licenses ( §§ 28.15.161 — 28.15.219) 3. Point System ( §§ 28.15.221 — 28.15.261) 4. Fees (§ 28.15.271) 5. Driver License Violations ( §§ 28.15.281, 28.15.291) Administrative Code. — For driver licensing and safety responsibility, see 13 AAC 08. Collateral references. — 7AAm. Jur. 2d, Automo- biles and Highway Traffic, § 96 et seq. Article 1. Issuance, Expiration and Renewal of Licenses. Section 11. Drivers must be licensed 21. Persons exempt from driver licensing 31. Persons not to be licensed 41. Classification of drivers' licenses 46. Licensing of school bus drivers 51. Instruction permit, temporary driver's license and special driver's permit 55. Provisional driver's license 57. Restrictions on driver's license issued to a per - son under 18 61. Application for driver's license or instruction permit; notice of anatomical gift and living will procedure DRIVERS' LICENSES § 28.11.110 60 C.J.S., Motor Vehicles, §§ 146 to 164.50. Section 71. Application of minors 81. Examination of applicants 91. Department may require re- examination 101. Expiration and renewal of driver's license 111. Licenses issued to drivers; anatomical gift and living will document 121. Restricted driver's license 131. License to be carried and exhibited on demand 141. Duplicate driver's license 151. Records to be kept by the department VEHICLE REGISTRATION AND TITLE § 28.10.431 Sec. 28.10.431. Biennial motor vehicle registration tax. (a) There is levied a motor vehicle registration tax within each municipality that elects, by passage of an 3LA 1998 provides the following, STRATION FEES. From Janu. h March 30, 1999, in lieu of le registration fees under this d and are based upon the actual ;ablished by the manufacturer's' upon the actual weight, which ,h, subject to the approval of the =r nistration or the commissioner's ehicle, including a motor vehicle =; mi- trailer, that is registered in any or business or is used or •ansportation of passengers for icabs and buses under AS e transportation of property for purposes, including a r, hearse, ambulance, and trac -' ;ding 5,000 pounds $158; )00 pounds to and including $246; 000 pounds to and including $494; 100 pounds $640; tion fees under this paragraph commercial purposes and not under (1) of this section are led upon the actual unladen by the manufacturer's adver - the actual weight, which the ;ubject to the approval of the'; istration or the commissioner's ws: ling 5,000 pounds $ 80; 00 pounds to and including $124; )00 pounds to and including $248; )0 pounds $321; and ;tration fee of $10 is imposed , n for a trailer or semi- trailer ;rposes." 'ees. In addition to the )osed upon every vehicle t established under AS time and in the same 74 SLA 1993; am § 3 ch SLA 1996 provides that "[nlot- aions of ch. 56, SLA 1995, the emissions inspection program ;LA 1995, shall be imposed by )epartment of Environmental ier that allows approximately octions to occur by January 1, ing emissions inspections to )9." 'LA 1978.] 450 approprla e or • mance, o come un. er is sec ion. municipa I y s a e a wr1 notice of election with the department and may not rescind the notice for a subsequent fiscal year. The notice must be filed on or before January 1 of the year preceding the year election under this section is to become effective. If a municipality has, before October 15, 1978, levied a motor vehicle registration or ad valorem tax that has been repealed by a vote of the people at any regular or special municipal election, then the election provided for in this subsection is not effective until the ordinance passed by the local governing body has been approved by the people at the next regularly scheduled general or special municipal election. (b) The biennial tax is levied upon motor vehicles subject to the registration fee under AS 28.10.411 and 28.10.421 and is based upon the age of vehicles as determined by model year in the first year of the biennial period, according to the following schedule: Tax According to Age of Vehicle Since Model Year: 1st 2nd 3rd 4th 5th 6th 7th 8th or over Motor Vehicle (1) motorcycle $ 17 $ 15 $ 13 $ 10 $ 7 $ 5 $ 2 $ 4 (2) vehicles specified in AS 28.10.421(b)(1) 121 99 77 55 39 28 19 16 (3) vehicles specified in AS 28.10.421(b)(3) 121 99 77 55 39 28 19 16 (4) vehicles specified in AS 28.10.421 (c)(1) -(4) 5,000 pounds or less 5,001- 12,000 pounds 12,001- 18,000 pounds 18,001 pounds or over (5) vehicles specified in AS 28.10.421(b)(4) (6) vehicles specified in AS 28.10.421(b)(6) (7) vehicles specified in AS 28.10.421(d)(8) (8) vehicles specified in AS 28.10.421(b)(2) (9) vehicles eligible for dealer plates under AS 28.10.421(d)(9). 88 (c) The registration tax shall be levied, collected, enforced and otherwise administered in the same manner as provided for the registration fees in this chapter. Only one registration tax may be collected with respect to the same motor vehicle in the year for which the tax is paid. 121 99 77 55 39 28 19 16 198 154 121 99 77 55 33 22 447 392 348 304 260 227 205 194 546 469 403 348 304 260 216 194 198 154 121 99 77 55 33 22 17 15 13 10 7 5 4 4 121 99 77 55 39 28 19 16 121 99 77 55 39 28 19 16 § 28.10.431 Motor Vehicle 5,000 pounds or less 5,001- 12,000 pounds $ 66 $ 55 110 88 MOTOR VEHICLES $44 $33 $22 $17 66 55 44 33 452 (d) If a person has paid both the registration fee levied in AS 28.10.411 and 28.10.421 and the registration tax levied in this section, and the department determines that the payor is entitled to a refund in whole or in part of the registration tax, the department shall make the refund to which the person is entitled. A refund may not be made unless application for a refund is filed with the department by December 31 of the year following the year for which the refund is claimed. (e) The department shall refund money collected under this section, less eight percent as collection costs, to a municipality for which the money was collected, as determined by (1) the address of residence of an individual required to pay the tax, or (2) the situs of the vehicle if the vehicle is not owned by an individual; the tax situs is the location at which the motor vehicle is usually, normally, or regularly kept or used during the registration period. For the first year in which the tax is levied within a municipality, the department may retain actual costs of collection of the tax within the municipality as determined by the department. (f) Money received by an organized borough under this section shall be allocated by the borough by ordinance for city, area outside city, and service area purposes within the borough. (g) Payment of the registration tax is in lieu of all local use taxes and ad valorem taxes on motor vehicles subject to the tax. A municipality which elects to come under the provisions of this section may not levy use or ad valorem taxes on motor vehicles subject to the registration tax during a fiscal year in which the election is in effect. (h) A vehicle owned by a former prisoner of war exempted from registration fees under AS 28.10.421(d)(11) is subject to a motor vehicle registration tax under this section. (i) [Repealed, § 28 ch 90 SLA 1991.] (j) A municipality that imposes a motor vehicle registration tax as described under (a) of this section may also increase or decrease the scheduled amount of tax described under (b) or (1) of this section by passage of an appropriate ordinance. A municipality that chooses to change the tax imposed under (b) or (1) of this section shall file a written notice of the change with the department by January 1 of the year preceding the year in which the change in tax is to take effect. A municipality may not change the amount of the tax imposed under this section more than once every two years. The department may charge a municipality a one -time fee to cover the cost to the department of implementing a change under this subsection. (k) A vehicle registration application and renewal application for vehicles subject to a municipal vehicle registration tax shall itemize the total amount due in a manner that separately shows the amount of vehicle registration tax imposed by the municipality. (1) Notwithstanding (b) of this section, an annual tax is levied upon vehicles specified in AS 28.10.421(c) and subject to the registration fee under AS 28.10.411 and 28,10.421 if the owner elects to register the vehicle annually as allowed under AS 28.10.108(0. The tax is based on the age of the vehicle as determined by model year according to the following schedule: Tax According to Age of Vehicle Since Model Year: 1st 2nd 3rd 4th 5th 6th 7th 8th or over $ 11 $8 22 11 453 Motor Vehicle 12,001- 18,000 pounds 18,001 pounds or over (§ 7 ch 178 SLA 1978; a 90 SLA 1991; am § 34 c1 1996; am § 1 ch 76 SLA §§ 4 — 6 ch 5 SLA 199. Revisor's notes. — Subs& enacted as (i) and (j) respect enactment in 1996. Cross references. — For municipalities that have ad( decreased scheduled amount section, see § 7(a), ch. 5, S Temporary and Special Acts. to municipalities that have under (j) of this section befi § 7(b), ch. 5, SLA 1999 in th Special Acts. Effect of amendments. — effective July 3, 1991, repeale The 1992 amendment, effec stituted "eligible for dealer pla in" in paragraph (b)(9). The 1993 amendment, effe increased the schedule of tax( the amount the department m tion (e). The first 1996 amendmen 1997, in subsection (b), increa listed in paragraphs (1) -(9), in the first year of the biennial 1 tory language, and made secs tions in paragraphs (7) and (9 made a section reference sub; The second 1996 amendmen added subsections (j) and (k). The first 1997 amendmer Sec. 28.10.440. Dism Sec. 28.10.441. Sch charges are imposed by (1) title fee, includin; (2) lien filing fee ..... (3) replacement of ar (4) duplicate of origii (5) duplicate of certii (6) temporary prereg (7) special transport (8) special permit fo: under AS 28.10.495 .... (§ 7 ch 178 SLA 1978; AS 28.10.411 and 28.10.421 rtment determines that the nd may not be made unless fiber 31 of the year following s section, less eight percent collected, as determined by fie tax, or (2) the situs of the tus is the location at which sed during the registration unicipality, the department :iicipality as determined by on shall be allocated by the area purposes within the axes and ad valorem taxes elects to come under the on motor vehicles subject on is in effect. om registration fees under tax under this section. tax as described under (a) Lunt of tax described under ance. A municipality that i shall file a written notice -eceding the year in which nge the amount of the tax le department may charge tment of implementing a in for vehicles subject to a unt due in a manner that ;ed by the municipality. ed upon vehicles specified 3 28.10.411 and 28.10.421 nder AS 28.10.108(f). The 3e1 year according to the Age of 'ear: 6th 7th 8th or over $17 $11 $8 33 22 11 452 453 Revisor's notes. - Subsections (j) and (k) were enacted as (i) and (j) respectively. Relettered upon enactment in 1996. Cross references. - For provisions relating to municipalities that have adopted an increased or decreased scheduled amount of tax under (j) of this section, see § 7(a), ch. 5, SLA 1999 in the 1999 Temporary and Special Acts. For provisions relating to municipalities that have adopted an ordinance under (j) of this section before April 6, 1999, see § 7(b), ch. 5, SLA 1999 in the 1999 Temporary and Special Acts. Effect of amendments. - The 1991 amendment, effective July 3, 1991, repealed former subsection (i). The 1992 amendment, effective May 16, 1992, sub- stituted "eligible for dealer plates under" for "specified in" in paragraph (b)(9). The 1993 amendment, effective January 1, 1994, increased the schedule of taxes in subsection (b) and the amount the department may retain under subsec- tion (e). The first 1996 amendment, effective January 1, 1997, in subsection (b), increased the dollar amounts listed in paragraphs (1) -(9), inserted "biennial" and "in the first year of the biennial period," in the introduc- tory language, and made section reference substitu- tions in paragraphs (7) and (9); and, in subsection (h), made a section reference substitution. The second 1996 amendment, effective July 1, 1996, added subsections (j) and (k). The first 1997 amendment, effective March 18, VEHICLE REGISTRATION AND TITLE § 28.10.441 Tax According to Age of Vehicle 1st 2nd 3rd 4th 5th 6th 7th 8th or over Motor Vehicle 12,001- 18,000 pounds 240 207 185 163 141 119 107 97 18,001 pounds or over 295 251 218 185 161 141 119 97. (§ 7 ch 178 SLA 1978; am § 3 ch 151 SLA 1984; am § 48 ch 138 SLA 1986; am § 28 ch 90 SLA 1991; am § 34 ch 30 SLA 1992; am § 61 ch 63 SLA 1993; am §§ 14, 15 ch 44 SLA 1996; am § 1 ch 76 SLA 1996; am §§ 3, 4 ch 5 SLA 1997; am § 29 ch 32 SLA 1997; am §§ 4 - 6 ch 5 SLA 1999) 1997, inserted "or (l)" in the first and second sentences of subsection (j), and added subsection (l). The second 1997 amendment, effective May 16, 1997, substituted "registration fee" for "license fee" near the beginning of subsection (b). The 1999 amendment, effective April 6, 1999, in- creased the taxes for the "12,001- 18,000 pounds" and "18,001 pounds and over" categories in subsections (b) and (l), and added "during the registration period" at the end of the first sentence in subsection (e). Editor's notes. - Section 87, ch. 63, SLA 1993 provides "[i]f any section of this bill is found to violate the single subject rule it is severed from the rest of the bill." Section 20(a), ch. 44, SLA 1996 provides that "[n]ot- withstanding the provisions of this Act, the biennial registration fees imposed under this Act shall be imposed by the Department of Public Safety upon registration or renewal of an existing registration and in a manner that allows approximately one -half of vehicle registrations to be issued or renewed under a biennial system by January 1, 1998, and the remain- ing biennial vehicle registrations or renewals to be imposed by January 1, 1999." Opinions of attorney general. - Since a bor- ough's election to request the department to collect the motor vehicle registration tax on its behalf and to remit those taxes to it was first in time, it should take precedence over the later request by a city within the borough. February 19, 1986, Op. Att'y Gen. Sec. 28.10.440. Dismantled vehicle. [Repealed, § 7 ch 178 SLA 1978.] Sec. 28.10.441. Schedule of other fees and charges. The following fees and charges are imposed by the department for the stated services which it provides: (1) title fee, including transfer of title $ 5; (2) lien filing fee $ 5; (3) replacement of any registration plate set, including special request plates $ 5; (4) duplicate of original certificate of title $ 5; (5) duplicate of certificate of registration $ 2; (6) temporary preregistration permit issued under AS 28.10.031 none; (7) special transport permit issued under AS 28.10.151 $ 5; (8) special permit for vehicle used for transport of a person with a disability issued under AS 28.10.495 none. (§ 7 ch 178 SLA 1978; am § 28 ch 85 SLA 1988; am § 4 ch 56 SLA 2002) MEMORANDUM TO: Honorable Mayor Floyd and City Council Members Honorable Mayor LeDoux and Borough Assembly Members FROM: Linda L. Freed, City Manager • DATE: June 24, 2004 RE: E -911 System The purpose of this memo is to provide background information about, and a request to change, the way the Kodiak E -911 system is managed. Approximately seven (7) years ago the City of Kodiak and the Kodiak Island Borough entered into an agreement "pursuant to which the City will be reimbursed for expenses incurred in implementing an enhanced 911 telephone system ". This agreement while a good start did not recognize all the costs that are incurred in the maintenance and operation of the E -911 system. As a result of deficiencies in the current agreement, and based on an audit of operating costs by the City, City and Borough staff began discussions about the development of a new agreement. Several drafts of a revised agreement have been reviewed and considered by City and Borough staff. However, concurrence has not been reached on the language of a revised agreement, and consequently the City of Kodiak has not been paid for all the FY 03 expenses incurred in operating the system ($12,825) or for any FY 04 expenses incurred in operating the system ($50,761). By way of background, it is important to note that the E -911 system is a small, but significant function of the City of Kodiak's public safety communication /dispatch system. The City of Kodiak spends approximately $500,000 a year in operating expenses for the communication /dispatch system. The City of Kodiak provides the only 24 hour, 7 day a week public safety answering point in the region. The City of Kodiak provides dispatch services to over ten other non -city users and only one of these users provides direct compensation for the service. Aside from the E -911 funds from the Borough and the one user agreement, the remainder of the cost for the dispatch system is paid for with City of Kodiak general funds. Since the City of Kodiak operates the Kodiak E -911 system the agreements for system service are between Alaska Communication Systems (ACS) and the City of Kodiak. During the last legislative session, the legislature introduced a bill (HB 461) that would change the way the State of Alaska regulates municipal operation of E -911 systems. In tracking this bill, and working hard with other communities for the bill's passage, city staff became very aware of how the current Kodiak E -911 system is managed and has considered ways to improve this aspect of system operation. The City of Kodiak believes that management of the system would be more efficient if the City of Kodiak not only operated the E -911 system, but also was responsible for establishing the E -911 system levy. We believe that state statute supports this type of management. State statute [AS 29.35.131 (a)] provides that "....An enhanced 911 service area may be all of a city, all of a unified municipality or all or part of the area within a borough and may include the extraterritorial jurisdiction of a municipality in accordance with AS 29.35.020." In order to implement this management change, the Kodiak Island Borough would need to pass an ordinance granting extra territorial jurisdiction to the City of Kodiak, to operate the E -911 system outside city limits, just as the Borough has done for watershed management and protection. This change to the E -911 system was presented to the Kodiak Emergency Services Council for review, discussion and recommendation at their June 3, 2004 meeting. At the suggestion of the group, and with the concurrence of the City and Borough mayors, this item is being brought to a joint work session for consideration and discussion. ACS E -911 Billing Account # 1144615 100.140.144.450.115 One Time Make Up Payment Total Salaries for Police Support Services - Budget 2004 Salaries 100.140.144.410 Benefits 100.140.144.420 Total time spent on E -911 System Total Annual Operating Expense 2003 $ 6,840 $ 346,060 $ 137,370 $ 483,430 3.42% $ 16,547 $ 41,665 ACS Billing Line Count Unit Price Siib Total Voice Grade 2 Wire Chnl Total Jul -02 8,447 0.18 1,520.46 51.26 $ 1,572 Aug -02 8,464 0.18 1,523.52 51.26 $ 1,575 Sep -02 8,464 0.18 1,523.52 51.26 $ 1,575 Oct -02 8,526 0.18 1,534.68 51.26 $ 1,586 Nov -02 8,459 0.18 1,522.62 51.26 $ 1,574 Dec -02 8,384 0.18 1,509.12 51.26 $ 1,560 Jan -03 8,325 0.18 1,498.50 51.26 $ 1,550 Projected Feb -03 8,438 0.18 1,518.84 51.26 $ 1,570 Mar -03 8,438 0.18 1,518.84 51.26 $ 1,570 Apr -03 8,438 0.18 1,518.84 51.26 $ 1,570 May -03 8,438 0.18 1,518.84 51.26 $ 1,570 Jun -03 8,438 0.18 1,518.84 51.26 $ 1,570 Total 101,259 0.18 18,227 51.26 $ 18,278 ACS E -911 Billing Account # 1144615 100.140.144.450.115 One Time Make Up Payment Total Salaries for Police Support Services - Budget 2004 Salaries 100.140.144.410 Benefits 100.140.144.420 Total time spent on E -911 System Total Annual Operating Expense 2003 $ 6,840 $ 346,060 $ 137,370 $ 483,430 3.42% $ 16,547 $ 41,665 ACS E -911 Billing Account # 1144615 100.140.144.450.115 Preventive Maintenace Maintenance Equipment Total Salaries for Police Support Services - Budget 2004 Salaries 100.140.144.410 Benefits 100.140.144.420 Total % time spent on E -911 System Total Annual Operating Expense 2004 $ 7,800 2004 annual increase @ 5% $ 8,520 $ 348,870 $ 140,725 $ 489,595 3.42% $ 16,758 $ 50,761 ACS Billing Line Count Unit Price Sub Total Voice Grade 2 Wire Chnl Total Jul -03 8,140 0.18 1,465.20 51.26 $ 1,516 Aug -03 8,182 0.18 1,472.76 51.26 $ 1,524 Sep -03 8,207 0.18 1,477.26 51.26 $ 1,529 Oct -03 8,189 0.18 1,474.02 51.26 $ 1,525 Nov -03 8,167 0.18 1,470.06 51.26 $ 1,521 Dec -03 8,134 0.18 1,464.12 51.26 $ 1,515 Jan -04 8,124 0.18 1,462.32 51.26 $ 1,514 Projected Feb -04 8,163 0.18 1,469.34 51.26 $ 1,521 Mar -04 8,163 0.18 1,469.34 51.26 $ 1,521 Apr -04 8,163 0.18 1,469.34 51.26 $ 1,521 May -04 8,163 0.18 1,469.34 51.26 $ 1,521 Jun -04 8,163 0.18 1,469.34 51.26 $ 1,521 Total 97,958 0.18 17,632 51.26 $ 17,684 ACS E -911 Billing Account # 1144615 100.140.144.450.115 Preventive Maintenace Maintenance Equipment Total Salaries for Police Support Services - Budget 2004 Salaries 100.140.144.410 Benefits 100.140.144.420 Total % time spent on E -911 System Total Annual Operating Expense 2004 $ 7,800 2004 annual increase @ 5% $ 8,520 $ 348,870 $ 140,725 $ 489,595 3.42% $ 16,758 $ 50,761 Monthly E 911 Calls Average 5 Minutes Per Call Monthly Hours of Maintenance 45 min /day Total Monthly Hours Jul -02 292 24 24 48 Aug -02 305 25 24 49 Sep -02 258 21 23 44 Oct -02 252 21 24 45 Nov -02 478 40 23 63 Dec -02 245 20 24 44 Jan -03 247 21 23 44 Feb -03 239 20 21 41 Projected Mar -03 290 24 24 48 Apr -03 290 24 23 47 May -03 290 24 24 48 Jun -03 290 24 23 47 Total 3,476 290 280 570 Total Department Hours 8 employees " 2080 16,640 % of Hours - E -911 System 3.42% Contract No. 97 -45 AGREEMENT FOR REIMBURSEMENT OF E -911 EXPENSES This Agreement is made between the Kodiak Island Borough (the Borough) and the City of Kodiak (the City) for purposes of memorializing the terms of an agreement pursuant to which the City will be reimbursed for expenses incurred in implementing an enhanced 911 telephone system. RECITALS The following facts or circumstances are acknowledged to be true and accurate: 1. In cooperation with Telephone Utilities of the Northland, Inc., d/b /a PT1 Communications (PTI), the City and the Borough wish to implement - an enhanced 911 system. This will require the installation at City facilities of equipment and software estimated to cost up to approximately $175,000. 2. Pursuant to Kodiak Island Borough Resolution 95-45, since January 1, 1996, PTI has collected a monthly surcharge of $0.75 per local exchange access line within the Borough and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,200 per month as a result of the surcharge and has available a balance of approximately $67,144.50 attributable to previously collected surcharges. 3. The City is willing to advance the full cost of installing the necessary equipment and software described above so long as it is assured that it will be reimbursed for its full costs plus interest at ten percent per year out of the surcharges remitted to the Borough. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Acquisition and Installation of Equipment. The City shall acquire and install at its facilities such equipment and software as it determines to be necessary to implement an enhanced 911 telephone system for local exchanges 486 and 487. The City is not, however, obligated to spend more than $175,000 for this purpose. 2. Application of Existing Surcharge Balance. Upon the execution of this agreement, the Borough shall transfer to the City the full amount of funds previously remitted to it by PTI as a result of surcharge collections. The City shall apply these funds, which are estimated to total approximately $67,114.50, towards acquisition of the equipment and software described above. 3. Reimbursement of Balance of Expenses. The balance of the expenses incurred by the City in connection with the acquisition and installation of the equipment necessary to implement an enhanced 911 system shall be reimbursed to it by the Borough, which shall remit to the City the full amount of the surcharges passed on to it by PTI within one month after receiving the same. The unpaid balance due to the City shall bear interest at ten percent per year and payments from the Borough shall be credited first to accrued interest and then to reduction of principle. All surcharges received by the Borough shall be applied in the foregoing manner, regardless of whether attributable to lines within or beyond the Kodiak City limits. E -911 Reimbursement Agreement Page 2 4. Maintenance of Surcharge. The Borough agrees that, until such time as the City has been fully reimbursed for the expenses which it incurs pursuant to this agreement, plus interest, it will not reduce or rescind the 911 surcharge or take any other actions which would have the effect of reducing the amount of, or delaying the payment of, the surcharges passed on to it by PTI. The • 1 ac now e•ges, - - line per month to cover maintenance expenses and will only pass on the remainder to the Borough. Should actions in violations of this paragraph be taken by the Borough, then in addition to any other remedies available to the City, the City may declare the entire unpaid balance immediately due and payable and the Borough shall pay the same regardless of the availability of surcharge funds. CITY OF KODIAK City Clerk Attest: A rt„: KODIAK ISLAND BOROUGH Jerofrbe Selby, Mayor Dated: Attest: / /`7 l Boro h Clerk 1 : i`''�� ='La KODIAK ISLAND BOROUGH WORK SESSION MEETING bin, Wo rk Session Meeting of: /aft 36/ L00 4 / p lease print your name 6 friAP7Ao 0 ,-- 2. C_ G G� v w 2 � r 3. 4. bt /e5 5.ChQ,r 1 B4). k to nL 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.